Self-Sufficient Community Lands Act of 2012 - Directs the Secretary of Agriculture (USDA) to establish the community forest demonstration area or areas of a state, consisting of National Forest System (NFS) land, at the request of a Board of Trustees appointed by a governor to manage such land in that state.
Conditions establishment of an area upon: (1) inclusion of at least 200,000 acres of NFS land; (2) a state forest practices law or regulatory structure applicable to state or privately owned forest land; (3) agreement with the governor by the county in which the land is located requiring the county, in using revenues received from the area, to continue to meet obligations under applicable state law pursuant to the Secure Rural Schools and Community Self-Determination Act of 2000 or other provisions concerning payment of receipts for the benefit of public schools and roads.
Excludes from a community forest demonstration area land that is a component of the National Wilderness Preservation System or on which the removal of vegetation is specifically prohibited by federal law.
Deems the administration and management of a community forest demonstration area, including implementing actions, not to be federal action and subject to federal laws only to the extent that they apply to the state administration and management of forest lands in which the community forest demonstration area is located.
[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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
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