Self-Sufficient Community Lands Act
Directs the Department of Agriculture to establish the community forest demonstration area in a state, consisting of National Forest System (NFS) land, at the request of an Advisory Committee appointed by the 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 applicable to state or privately owned forest land, or established state silvicultural best forest management practices related to clean water, soil quality, wildlife, or forest health; and (3) an agreement between the governor and the county in which the land is located that requires the county, in using area revenues, to continue to meet specified obligations under applicable state law pursuant to the Secure Rural Schools and Community Self-Determination Act of 2000.
Excludes from a community forest demonstration area land: (1) that is a component of the National Wilderness Preservation System, (2) on which the removal of vegetation is specifically prohibited by federal statute, (3) that is a National Monument, or (4) over which administrative jurisdiction was first assumed by the Forest Service under Title III of such Act.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2316 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2316
To generate dependable economic activity for counties and local
governments containing National Forest System land by establishing a
demonstration program for local, sustainable forest management, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2015
Mr. Labrador (for himself, Mr. Young of Alaska, Mrs. Lummis, Mr.
Amodei, and Mr. Gosar) 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 generate dependable economic activity for counties and local
governments containing National Forest System land by establishing a
demonstration program for local, sustainable forest management, 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.
This Act may be cited as the ``Self-Sufficient Community Lands
Act''.
SEC. 2. PURPOSE AND DEFINITIONS.
(a) Purpose.--The purpose of this Act is to generate dependable
economic activity for counties and local governments by establishing a
demonstration program for local, sustainable forest management.
(b) Definitions.--In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee 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
3.
(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. 3. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Establishment Required; Time for Establishment.--Subject to
subsection (c) and not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall establish a
community forest demonstration area at the request of the Advisory
Committee 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 Advisory Committee 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;
(B) on which the removal of vegetation is
specifically prohibited by Federal statute;
(C) National Monuments; or
(D) over which administration jurisdiction was
first assumed by the Forest Service under title III.
(c) Conditions on Establishment.--
(1) Acreage requirement.--A community forest demonstration
area must include at least 200,000 acres of National Forest
System land. If the unit of the National Forest System in which
a community forest demonstration area is being established
contains more than 5,000,000 acres, the community forest
demonstration area may include 900,000 or more acres of
National Forest System land.
(2) Management law or best management practices
requirement.--A community forest demonstration area may be
established in a State only if the State--
(A) has a forest practices law applicable to State
or privately owned forest land in the State; or
(B) has established silvicultural best management
practices or other regulations for forest management
practices related to clean water, soil quality,
wildlife or forest health.
(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(b), 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--
(1) 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); or
(2) title I.
(e) Acreage Limitation.--Not more than a total of 4,000,000 acres
of National Forest System land may be established as community forest
demonstration areas.
(f) 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.
SEC. 4. ADVISORY COMMITTEE.
(a) Appointment.--A community forest demonstration area for a State
shall be managed by an Advisory Committee appointed by the Governor of
the State.
(b) Composition.--The Advisory Committee 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 an Advisory
Committee shall serve for a term of three years.
(2) Initial appointments.--In making initial appointments
to an Advisory Committee, 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 Advisory Committee 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. 5. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Assumption of Management.--
(1) Confirmation.--The Advisory Committee 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 3;
(B) the Advisory Committee has been duly appointed
under section 4 and is able to conduct business; and
(C) provision has been made for essential
management services for the community forest
demonstration area.
(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 Advisory Committee.
(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 an Advisory Committee, the Secretary
shall--
(A) promptly notify the Governor of the affected
State and the Advisory Committee of the reasons
preventing confirmation; and
(B) make a new determination under paragraph (2)
within 60 days after receiving a new request from the
Advisory Committee that addresses the reasons that
previously prevented confirmation.
(b) Management Responsibilities.--Upon assumption of management of
a community forest demonstration area, the Advisory Committee 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 or privately owned forest lands in the State in which the
community forest demonstration area is located.
(c) Applicability of Other Federal Laws.--
(1) In general.--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 or private administration and management of
forest lands in the State in which the community forest
demonstration area is located:
(A) The Federal Water Pollution Control Act (33
U.S.C. 1251 note).
(B) The Clean Air Act (42 U.S.C. 7401 et seq.).
(C) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(D) Federal laws and regulations governing
procurement by Federal agencies.
(E) Except as provided in paragraph (2), other
Federal laws.
(2) Applicability of native american graves protection and
repatriation act.--Notwithstanding the assumption by an
Advisory Committee of management of a community forest
demonstration area, the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to
apply to the National Forest System land included in the
community forest demonstration area.
(d) Consultation.--
(1) With indian tribes.--The Advisory Committee 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 Advisory Committee shall take into consideration
the use of lands within the community forest demonstration area
for religious and cultural uses by Native Americans.
(2) With collaborative groups.--The Advisory Committee 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.
(g) Prohibition on Export.--As a condition on the sale of timber or
other forest products from a community forest demonstration area,
unprocessed timber harvested from a community forest demonstration area
may not be exported in accordance with subpart F of part 223 of title
36, Code of Federal Regulations.
SEC. 6. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION AREA.
(a) Retention of Funds for Management.--The Advisory Committee
appointed for a community forest demonstration area may retain such
sums as the Advisory Committee 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) and section 8, the Advisory Committee for a community
forest demonstration area in a State shall distribute funds generated
from that community forest demonstration area 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. 7. INITIAL FUNDING AUTHORITY.
(a) Funding Source.--Counties may use such sum as the counties
consider to be necessary from the 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 Advisory Committee of a community forest
demonstration area from seeking non-Federal loans or other non-Federal
funds for management of the community forest demonstration area.
SEC. 8. PAYMENTS TO UNITED STATES TREASURY.
(a) Payment Requirement.--As soon as practicable after the end of
the fiscal year in which a community forest demonstration area is
established and as soon as practicable after the end of each subsequent
fiscal year, the Advisory Committee for a community forest
demonstration area shall make a payment to the United States Treasury.
(b) Payment Amount.--The payment for a fiscal year under subsection
(a) with respect to a community forest demonstration area shall be
equal to 75 percent of the quotient obtained by dividing--
(1) the number obtained by multiplying the number of acres
of land in the community forest demonstration area by the
average annual receipts generated over the preceding 10-fiscal
year period from the unit or units of the National Forest
System containing that community forest demonstration area; by
(2) the total acres of National Forest System land in that
unit or units of the National Forest System.
SEC. 9. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA.
(a) Termination Authority.--Subject to approval by the Governor of
the State, the Advisory Committee for a community forest demonstration
area may terminate the community forest demonstration area by a
unanimous vote.
(b) Effect of Termination.--Upon termination of a community forest
demonstration area, the Secretary shall immediately resume management
of the National Forest System land that had been included in the
community forest demonstration area, and the Advisory Committee shall
be dissolved.
(c) Treatment of Undistributed Funds.--Any revenues from the
terminated area that remain undistributed under section 6 more than 30
days after the date of termination shall be deposited in the general
fund of the Treasury for use by the Forest Service in such amounts as
may be provided in advance in appropriation Acts.
<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 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 Federal Lands.
Referred to the Subcommittee on Conservation and Forestry.
Subcommittee Hearings Held.
Subcommittee on Federal Lands Discharged.
Committee Consideration and Mark-up Session Held.
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Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 13.