[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6009 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6009

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2012

   Mr. Labrador (for himself, Mr. Young of Alaska, and Mrs. McMorris 
   Rodgers) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Self-Sufficient 
Community Lands Act of 2012''.
    (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.
Sec. 8. Initial funding authority.

SEC. 2. PURPOSE.

    The purpose of this Act is to generate dependable economic activity 
for counties and local governments through sustainable forest 
management.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.).

SEC. 8. INITIAL FUNDING AUTHORITY.

    (a) Funding Source.--Counties may use such sums as the counties 
consider to be necessary from amounts made available to the counties 
under title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) to provide initial 
funding for the management of community forest demonstration areas.
    (b) No Restriction on Use of Non-Federal Funds.--Nothing in this 
Act restricts the Board of Trustees of a community forest demonstration 
area from seeking non-Federal loans or other non-Federal funds for 
management of the community forest demonstration area.
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