S.Amdt. 3195

SA 3195. Mr. UDALL (for himself, Ms. Cortez Masto, Ms. Smith, Mr.
Tester, and Ms. Heitkamp) submitted an amendment intended to be
proposed by him to the bill H.R. 2, to provide for the reform and
continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:

SEC. 12519. SELF-DETERMINATION DEMONSTRATION PROJECT WITH
DEPARTMENT OF AGRICULTURE.

Title I of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5321 et seq.) is amended by adding
at the end the following:

``SEC. 112. SELF-DETERMINATION DEMONSTRATION PROJECT WITH
DEPARTMENT OF AGRICULTURE.

``(a) Definitions.--In this section:
``(1) Adjacent land.--The term `adjacent land', when used
with respect to an Indian tribe, means National Forest System
land that is--
``(A) under the jurisdiction of the Secretary; and
``(B) bordering or adjacent to the Indian forest land or
rangeland under the jurisdiction of the Indian tribe.
``(2) Covered activity.--The term `covered activity' means
an activity authorized under section 2(b) of the Tribal
Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) on
adjacent land that--
``(A) addresses--
``(i) fire, disease, or any other threat to the Indian
forest land or rangeland under the jurisdiction of the Indian
tribe; or
``(ii) land restoration that will benefit the Indian forest
land or rangeland; and
``(B) complies with the applicable land management plan
prepared pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
``(3) Eligible entity.--The term `eligible entity' means an
Indian tribe that can demonstrate a history of success in
managing forest activities, including forestry activities
carried out through contracts or self-governance compacts
under this Act.
``(4) National forest system land.--The term `National
Forest System land' has the meaning given the term `Federal
land' in section 2(a)(1)(A) of the Tribal Forest Protection
Act of 2004 (25 U.S.C. 3115a(a)(1)(A)).
``(5) Indian forest land or rangeland.--The term `Indian
forest land or rangeland' has the meaning given the term in
section 2(a)(2) of the Tribal Forest Protection Act of 2004
(25 U.S.C. 3115a(a)(2)).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) USDA Forestry Self-determination Demonstration
Project Authorized.--The Secretary shall carry out a
demonstration project, to be known as the `USDA Forestry
Self-Determination Demonstration Project', through which the
Secretary shall enter into not more than 10 self-
determination contracts with eligible entities to plan,
conduct, and administer 1 or more covered activities in
accordance with this section.
``(c) Self-determination Contract.--A self-determination
contract entered into under subsection (b) shall have the
same terms and conditions, and be subject to the same
procedures, regulations, and requirements, as a self-
determination contract entered into under section 102, except
that--
``(1) the Secretary and the Department of Agriculture shall
be the appropriate Secretary and agency for purposes of a
self-determination contract under this section;
``(2) not later than 1 year after the date of enactment of
this section, the Secretary shall develop a procedure, in
consultation with Indian tribes, for Indian tribes to submit
proposals for participation in the demonstration project;
``(3) to the extent that a self-determination contract is
requested regarding a covered activity that is similar to
functions already carried out by a tribal organization under
a self-determination contract with the Secretary of the
Interior under section 102, the Secretary of Agriculture
shall structure the self-determination contract under this
section to complement, to the extent practicable, the self-
determination contract entered into under section 102; and
``(4) the Secretary, in consultation with the eligible
entity, may waive any provision of this title (except for any
provision of this section)--
``(A) upon the request of the eligible entity in accordance
with this Act; or
``(B) that the Secretary determines to be appropriate.
``(d) Environmental and Other Requirements.--
``(1) Rule of construction regarding environmental laws.--
This section shall be construed, in the same manner as the
Tribal Forest Protection Act is construed, to not alter or
abridge the application of any of the following:
``(A) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(B) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
``(C) The Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
``(D) Any other applicable Federal environmental law.
``(2) Environmental analyses.--Nothing in this section
shall be construed to allow the Secretary or an eligible
entity to waive completion of any necessary environmental
analysis under the Tribal Forest Protection Act (25 U.S.C.
3115a) or other applicable Federal law.
``(3) Retention of nepa responsibilities.--The Secretary
shall make any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Tribal Forest Protection Act (25 U.S.C. 3115a)
with respect to any covered activity to be carried out on
National Forest System land under this section.
``(4) Applicability of the administrative procedure act.--
Nothing in this section shall alter or abridge the
application of subchapter II of chapter 5, or chapter 7, of
title 5, United States Code with respect to this section.
``(e) Technical Assistance.--The Office of Self-Governance
of the Bureau of Indian Affairs shall provide technical
assistance regarding the self-determination contracts
authorized under this section to the Secretary, and to Indian
tribes and tribal organizations who request such assistance.
``(f) Consideration Requirements.--In addition to the
criteria described in subparagraphs (A) through (E) of
section 102(a)(2) and the authority under subsection (c)(4),
the Secretary shall consider the selection criteria described
in section 2(c) of the Tribal Forest Protection Act of 2004
(25 U.S.C. 3115a(c)) and the evaluation factors found in
section 2(e) of that Act in considering a request to enter
into a self-determination contract under this section.
``(g) Limitations.--Any self-determination contract entered
into under this section, and the covered activities to be
carried out under such contract, shall--
``(1) not affect the title to or status of National Forest
System land;
``(2) be carried out in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
the National Forest Management Act of 1976 (16 U.S.C. 1600 et
seq.), and other laws (including regulations) generally
applicable to the National Forest System; and
``(3) not take place in a wilderness area, wilderness study
area, inventoried roadless area, or National Forest System
land on which the removal of vegetation is restricted or
prohibited.
``(h) Termination of Authority.--To provide sufficient
support for the USDA Forestry Self-Determination
Demonstration Project, the authority provided under
subsection (b) shall terminate 5 years after the date on
which the Secretary enters into the first self-determination
contract under this section.

[[Page S4449]]

``(i) Report.--Not later than 180 days after the
termination described in subsection (h), the Secretary shall
submit a report on the implementation of the USDA Forestry
Self-Determination Demonstration Project to the following:
``(1) The Committee on Agriculture of the Senate.
``(2) The Committee on Indian Affairs of the Senate.
``(3) The Committee on Agriculture of the House of
Representatives.
``(4) The Committee on Natural Resources of the House of
Representatives.''.
______