113 HR 1294 IH: Self-Sufficient Community Lands Act U.S. House of Representatives 2013-03-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 113th CONGRESS 1st Session H. R. 1294 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Labrador (for himself, Mr. Amodei, Mr. Gosar, Mr. McClintock, Mr. Pearce, and Mr. Young of Alaska) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a program that will generate dependable economic activity for counties and local governments containing National Forest System land through a management-focused approach, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Self-Sufficient Community Lands Act. (b)
Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Establishment of community forest demonstration areas. Sec. 5. Board of Trustees. Sec. 6. Management of community forest demonstration areas. Sec. 7. Distribution of funds from Community Forest Demonstration Area.
2.
Purpose
The purpose of this Act is to generate dependable economic activity for counties and local governments through sustainable forest management.
3.
Definitions
In this Act: (1)
Board of trustees
The term Board of Trustees means the Board of Trustees appointed by the Governor of a State for the community forest demonstration area established for the State. (2)
Community forest demonstration area
The term community forest demonstration area means a community forest demonstration area established for a State under section 4. (3)
National forest system
The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012). (4)
Secretary
The term Secretary means the Secretary of Agriculture or the designee of the Secretary of Agriculture. (5)
State
The term State includes the Commonwealth of Puerto Rico.
4.
Establishment of community forest demonstration areas
(a)
Establishment required; time for establishment
Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall establish the community forest demonstration area or areas of a State at the request of the Board of Trustees appointed to manage community forest demonstration area land in that State. (b)
Covered land
(1)
Inclusion of national forest system land
The community forest demonstration areas of a State shall consist of the National Forest System land in the State identified for inclusion by the Board of Trustees of that State. (2)
Exclusion of certain land
A community forest demonstration area shall not include National Forest System land— (A)that is a component of the National Wilderness Preservation System; or (B)on which the removal of vegetation is specifically prohibited by Federal law. (c)
Conditions on establishment
(1)
Acreage requirement
A community forest demonstration area must include at least 200,000 acres of National Forest System land. (2)
Management law requirement
A community forest demonstration area may be established in a State only if the State has a forest practices law or regulatory structure applicable to State or privately owned forest land in the State. (3)
Revenue sharing requirement
As a condition of the inclusion in a community forest demonstration area of National Forest System land located in a particular county in a State, the county must enter into an agreement with the Governor of the State that requires that, in utilizing revenues received by the county under section 7, the county shall continue to meet any obligations under applicable State law as provided under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as provided in the sixth paragraph under the heading FOREST SERVICE in the Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (d)
Treatment under certain other laws
National Forest System land included in a community forest demonstration area shall not be considered Federal land for purposes of making payments to counties under the sixth paragraph under the heading FOREST SERVICE in the Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (e)
Recognition of valid and existing rights
Nothing in this Act shall be construed to limit or restrict— (1)access to National Forest System land included in a community forest demonstration area for hunting, fishing, and other related purposes; or (2)valid and existing rights regarding such National Forest System land, including rights of any federally recognized Indian tribe.
5.
Board of Trustees
(a)
Appointment
A community forest demonstration area for a State shall be managed by a Board of Trustees appointed by the Governor of the State. (b)
Composition
The Board of Trustees for a community forest demonstration area in a State shall include, but is not limited to, the following members: (1)One member who holds county or local elected office, appointed from each county or local governmental unit in the State containing community forest demonstration area land. (2)One member who represents the commercial timber, wood products, or milling industry. (3)One member who represents persons holding Federal grazing or other land use permits. (4)One member who represents recreational users of National Forest System land. (c)
Terms
(1)
In general
Except in the case of certain initial appointments required by paragraph (2), members of a Board of Trustees shall serve for a term of three years. (2)
Initial Appointments
In making initial appointments to a Board of Trustees, the Governor making the appointments shall stagger terms so that at least one-third of the members will be replaced every three years. (d)
Compensation
Members of a Board of Trustees shall serve without pay, but may be reimbursed from the funds made available for the management of a community forest demonstration area for the actual and necessary travel and subsistence expenses incurred by members in the performance of their duties.
6.
Management of community forest demonstration areas
(a)
Assumption of management
(1)
Confirmation
The Board of Trustees appointed for a community forest demonstration area shall assume all management authority with regard to the community forest demonstration area as soon as the Secretary confirms that— (A)the National Forest System land to be included in the community forest demonstration area meets the requirements of subsections (b) and (c) of section 4; and (B)the Board of Trustees has been duly appointed under section 5 and is able to conduct business. (2)
Scope and time for confirmation
The determination of the Secretary under paragraph (1) is limited to confirming whether the conditions specified in subparagraphs (A) and (B) of such paragraph have been satisfied. The Secretary shall make the determination not later than 60 days after the date of the appointment of the Board of Trustees. (3)
Effect of failure to confirm
If the Secretary determines that either or both conditions specified in subparagraphs (A) and (B) of paragraph (1) are not satisfied for confirmation of a Board of Trustees, the Secretary shall— (A)promptly notify the Governor of the affected State and the Board of Trustees of the reasons preventing confirmation; and (B)make a new determination under paragraph (2) within 60 days after receiving a new request from the Board of Trustees that addresses the reasons that previously prevented confirmation. (b)
Management responsibilities
Upon assumption of management of a community forest demonstration area, the Board of Trustees for the community forest demonstration area shall manage the land and resources of the community forest demonstration area and the occupancy and use thereof in conformity with this Act, and to the extent not in conflict with this Act, the laws and regulations applicable to management of State forest lands in the State in which the community forest demonstration area is located. (c)
Applicability of other federal laws
The administration and management of a community forest demonstration area, including implementing actions, shall not be considered Federal action and shall be subject to the following only to the extent that such laws apply to the State administration and management of forest lands in the State in which the community forest demonstration area is located: (1)The Federal Water Pollution Control Act (33 U.S.C. 1251 note). (2)The Clean Air Act (42 U.S.C. 7401 et seq.). (3)The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4)Federal laws and regulations governing procurement by Federal agencies. (5)Other Federal laws. (d)
Consultation
(1)
With Indian tribes
The Board of Trustees for a community forest demonstration area shall cooperate and consult with Indian tribes on management policies and practices for the community forest demonstration area that may affect the Indian tribes. The Board of Trustees may allow the use of lands within the community forest demonstration area for religious and cultural uses by Native Americans. (2)
With collaborative groups
The Board of Trustees for a community forest demonstration area shall consult with any applicable forest collaborative group. (e)
Recreation
Nothing in this section shall affect public use and recreation within a community forest demonstration area. (f)
Fire management
The Secretary shall provide fire presuppression, suppression, and rehabilitation services on and with respect to a community forest demonstration area to the same extent generally authorized in other units of the National Forest System.
7.
Distribution of funds from Community Forest Demonstration Area
(a)
Retention of funds for management
The Board of Trustees of a community forest demonstration area may retain such sums as the Board of Trustees considers to be necessary from amounts generated from that community forest demonstration area to fund the management, administration, restoration, operation and maintenance, improvement, repair, and related expenses incurred with respect to the community forest demonstration area. (b)
Funds to counties or local governmental units
Subject to subsection (a), the Board of Trustees of a community forest demonstration area in a State shall distribute funds received by the Board of Trustees under section 6 to each county or local governmental unit in the State in an amount proportional to the funds received by the county or local governmental unit under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.).