Sec. 5. Management of community forest demonstration areas
615 words·~3 min read·
/bill/114/hr/2316/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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— 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; the Advisory Committee has been duly appointed under section 4 and is able to conduct business; and provision has been made for essential management services for the community forest demonstration area. 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. 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— promptly notify the Governor of the affected State and the Advisory Committee of the reasons preventing confirmation; and 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. 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. 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: The Federal Water Pollution Control Act ( 33 U.S.C. 1251 note). The Clean Air Act ( 42 U.S.C. 7401 et seq. ). The Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). Federal laws and regulations governing procurement by Federal agencies. Except as provided in paragraph (2), other Federal laws. 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. 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. The Advisory Committee for a community forest demonstration area shall consult with any applicable forest collaborative group. Nothing in this section shall affect public use and recreation within a community forest demonstration area. 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. 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.
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Sec. 5
Management of community forest demonstration areas
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