Secure Rural Schools and Community Self-Determination Act of 2000

Reauthorization for Fiscal Years 2008--2011

On October 3, 2008, the Secure Rural Schools and Community Self-Determination Act of 2000 was reauthorized as part of Public Law 110-343.  The new Secure Rural Schools Act has some significant changes.  The Forest Service previously requested states and counties to elect to receive a share of the 25-percent rolling average payment or a share of the Secure Rural Schools State (formula) payment by November 14, 2008 (county elections).  A county electing to receive a share of the State payment also was requested to allocate between 15 to 20-percent of its share for one or more of the following purposes: projects under Title II of the Act; projects under Title III; or the Treasury of the United States (county allocations).

IMPORTANT NOTICE:  Confirmation or Correction of County Election and County Allocation by December 12, 2008

To meet the dual objectives of making payments for Fiscal Year 2008 in a timely manner and ensuring that there were no errors in elections and allocations made by counties and transmitted by states, the Forest Service is requesting that the states and counties confirm or correct the county elections and the county allocations by 10:00 p.m. mountain standard time (MST) Friday, December 12, 2008.

Each county should view its county election and, if applicable, its county allocation submitted for the November 14, 2008, deadline as shown on the Forest Service website:  http://www.fs.fed.us/srs/county.shtml.  Confirmation of, or any corrections to, the county election or county allocation as shown on the website must be received by Winona Gleason at the Albuquerque Service Center, U.S. Forest Service by 10:00 p.m. MST on Friday, December 12, 2008, following the instructions on the election form (.doc) that will be sent to state treasurers.  As before, each state should submit an election form consolidating the county responses.

Responses received after 10:00 p.m. MST, on Friday, December 12, 2008 will not be considered.  If no confirmation or correction is received by this deadline, the Forest Service will process the payments using the county election and, if applicable, the county allocation as shown on the Forest Service website, http://www.fs.fed.us/srs/county.shtml.

Please note that the numbers shown on the U.S. Forest Service website are only projected payments.  Actual payments may vary upwards or downwards depending upon the number of counties that elect a share of the State’s payment under the formula and any adjustments that are necessary to the computations prior to the certification of the final results.

Please direct questions regarding the U.S. Forest Service elections to Winona Gleason at (505) 563-7467.  Information regarding U.S. Department of Interior (USDI) Payments in lieu of taxes (PILT) is at www.doi.gov/pilt/  Questions regarding the USDI PILT payment should be directed to Bill Howell at 202-208-3157.

View the timeline »

Read the new SRS Act »

Significant Changes

The structure and significant elements of Title I have been amended, but Titles II and III remain mostly intact with a few important changes.

Title I-Secure Payments for State and Counties Containing Federal Land

• As with the 2000 authorization, counties will have to elect the kind of payment they will receive.
• P.L. 110-343 establishes a new formula for calculation of State payments based on several factors, including acreage of Federal land, previous payments, and per capita personal income.
• Each year’s State payments are calculated based upon a ‘full funding amount” that will ramp down each succeeding year through 2011.  The full funding amount is used to calculate the State payments.
• In lieu of a share of a State payment, an eligible county in California, Louisiana, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, and Washington will receive a share of a transition payment that ramps down from fiscal years 2008 through 2010.

For more detail on Title I »

Title II-Special Projects on Federal Land

• Resource advisory committees (RACs), including charters and appointments, established under P.L. 106-393 may be deemed by the Secretary as RACs under the new SRS Act and their members appointed for a new 4 year term.
• RAC duties have been expanded to include monitoring of project progress and making recommendations for appropriate changes to projects being monitored.
• The authority to initiate Title II projects terminates on September 30, 2011.  Funds not obligated by September 30, 2012 must be transferred to the Treasury.

For more detail on Title II »

Title III-County Funds

• Some previously authorized uses of Title III funds have been eliminated and others refined.
• Title III funds may be used to carry out activities under the Firewise Communities program, to reimburse the county for search and rescue and other emergency services, and to develop community wildfire protection plans.
• Counties allocating funds for Title III projects must annually submit a certification that the funds were used in accordance with Title III.
• The authority to initiate Title III projects terminates on September 30, 2011.  Funds not obligated by September 30, 2012 must be returned to the Treasury.

For more detail on Title III »

Title IV-Miscellaneous Provisions

The authority that authorizes the 25-percent payments (16 U.S.C. 500) has been amended to calculate the 25-percent payment on a 7-year rolling average.

For more detail on Title IV »

Timeline for initial Forest Service implementation of payments to states

October 17, 2008. Notification by letter to Regional Foresters and then via Forest Supervisors to counties, and by ASC to State Treasurers of election and allocation requirements and deadlines for FY2008 under the SRS Act. See correspondence »

October 20, 2008.  Regional and Supervisor Offices begin contact of state and county officials advising them of procedures for election and allocations under the SRS Act. See correspondence »

November 14, 2008.  Each State submits to the Forest Service the following information:  (1) each county’s election to receive a share of the State payment, or a share of the State’s 25-percent payment; and (2) for each county that elects to receive a share of the State payment, the county’s allocations for Title II and Title III projects. Counties in States that receive transition payments also must make these elections and allocations.  If this deadline is not met, the county shall be considered to have elected to receive a share of the State payment.

December 12, 2008.  States and counties confirm the county elections and, if applicable, the county allocations.  County corrections  to  elections and allocations may be made by this deadline.  If no confirmation or correction is received by 10:00 p.m. MST on December 12, 2008, the county elections and the county allocations for the November 14, 2008 deadline as shown on the Forest Service website will be used.

This information must be received by 10:00 p.m. MST on Friday, December 12, 2008 by completing the election form (.doc) and sending it using one of the following methods:

January 15, 2009.  Title I payments for fiscal year 2008 are issued no later than Jan. 15, 2009.

Legislative History of the Secure Rural Schools and Community Self-Determination Act

The Secure Rural Schools and Community Self-Determination Act of 2000 (SRS Act), Public Law 106-393, was enacted to provide five years of transitional assistance to rural counties affected by the decline in revenue from timber harvests on federal lands. The last payment authorized under P.L. 106-393 was for FY 2006.

On May 25, 2007, the Iraq Accountability Appropriations Act of 2007, P.L. 110-28, was signed into law.  It included a provision for payments to States and counties for FY 2007 and extended provisions of Title II and Title III of the SRS Act.   A recent report, “Sustaining Forests and Communities” (PDF) summarizes activities under the previous SRS Act.  Additional information about SRS Act activities during fiscal years 2000 through 2007 is on the "Payments to States" website.

On October 3, 2008, P.L. 110-343 (H.R. 1424, Emergency Economic Stabilization Act of 2008, Energy Improvement and Extension Act of 2008, and Tax Extenders and Alternative Minimum Tax Relief Act of 2008) was signed into law.  Section 601 of Division C of P.L. 110-343 amends and reauthorizes the SRS Act (P.L. 106-393).  The SRS Act, as amended, retains the original title.

With notable exceptions, the amended SRS Act is similar to P.L. 106-393.  The structure and significant elements of Title I have been amended, but Titles II and III remain mostly intact with a few important changes.