Self-Sufficient Community Lands Act

Summary: 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. 

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.