Tribal Forest Protection Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3846 Enrolled Bill (ENR)]

H.R.3846

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four

An Act

To authorize the Secretary of Agriculture and the Secretary of the
Interior to enter into an agreement or contract with Indian tribes
meeting certain criteria to carry out projects to protect Indian forest
land.

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 ``Tribal Forest Protection Act of
2004''.

SEC. 2. TRIBAL FOREST ASSETS PROTECTION.

(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the
surface of which is administered by the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management.
(2) Indian forest land or rangeland.--The term ``Indian forest
land or rangeland'' means land that--
(A) is held in trust by, or with a restriction against
alienation by, the United States for an Indian tribe or a
member of an Indian tribe; and
(B)(i)(I) is Indian forest land (as defined in section 304
of the National Indian Forest Resources Management Act (25
U.S.C. 3103)); or
(II) has a cover of grasses, brush, or any similar
vegetation; or
(ii) formerly had a forest cover or vegetative cover that
is capable of restoration.
(3) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to land
under the jurisdiction of the Forest Service; and
(B) the Secretary of the Interior, with respect to land
under the jurisdiction of the Bureau of Land Management.
(b) Authority to Protect Indian Forest Land or Rangeland.--
(1) In general.--Not later than 120 days after the date on
which an Indian tribe submits to the Secretary a request to enter
into an agreement or contract to carry out a project to protect
Indian forest land or rangeland (including a project to restore
Federal land that borders on or is adjacent to Indian forest land
or rangeland) that meets the criteria described in subsection (c),
the Secretary may issue public notice of initiation of any
necessary environmental review or of the potential of entering into
an agreement or contract with the Indian tribe pursuant to section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277)
(as amended by section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (117 Stat. 275)), or such
other authority as appropriate, under which the Indian tribe would
carry out activities described in paragraph (3).
(2) Environmental analysis.--Following completion of any
necessary environmental analysis, the Secretary may enter into an
agreement or contract with the Indian tribe as described in
paragraph (1).
(3) Activities.--Under an agreement or contract entered into
under paragraph (2), the Indian tribe may carry out activities to
achieve land management goals for Federal 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.
(c) Selection Criteria.--The criteria referred to in subsection
(b), with respect to an Indian tribe, are whether--
(1) the Indian forest land or rangeland under the jurisdiction
of the Indian tribe borders on or is adjacent to land under the
jurisdiction of the Forest Service or the Bureau of Land
Management;
(2) Forest Service or Bureau of Land Management land bordering
on or adjacent to the Indian forest land or rangeland under the
jurisdiction of the Indian tribe--
(A) poses a fire, disease, or other threat to--
(i) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; or
(ii) a tribal community; or
(B) is in need of land restoration activities;
(3) the agreement or contracting activities applied for by the
Indian tribe are not already covered by a stewardship contract or
other instrument that would present a conflict on the subject land;
and
(4) the Forest Service or Bureau of Land Management land
described in the application of the Indian tribe presents or
involves a feature or circumstance unique to that Indian tribe
(including treaty rights or biological, archaeological, historical,
or cultural circumstances).
(d) Notice of Denial.--If the Secretary denies a tribal request
under subsection (b)(1), the Secretary may issue a notice of denial to
the Indian tribe, which--
(1) identifies the specific factors that caused, and explains
the reasons that support, the denial;
(2) identifies potential courses of action for overcoming
specific issues that led to the denial; and
(3) proposes a schedule of consultation with the Indian tribe
for the purpose of developing a strategy for protecting the Indian
forest land or rangeland of the Indian tribe and interests of the
Indian tribe in Federal land.
(e) Proposal Evaluation and Determination Factors.--In entering
into an agreement or contract in response to a request of an Indian
tribe under subsection (b)(1), the Secretary may--
(1) use a best-value basis; and
(2) give specific consideration to tribally-related factors in
the proposal of the Indian tribe, including--
(A) the status of the Indian tribe as an Indian tribe;
(B) the trust status of the Indian forest land or rangeland
of the Indian tribe;
(C) the cultural, traditional, and historical affiliation
of the Indian tribe with the land subject to the proposal;
(D) the treaty rights or other reserved rights of the
Indian tribe relating to the land subject to the proposal;
(E) the indigenous knowledge and skills of members of the
Indian tribe;
(F) the features of the landscape of the land subject to
the proposal, including watersheds and vegetation types;
(G) the working relationships between the Indian tribe and
Federal agencies in coordinating activities affecting the land
subject to the proposal; and
(H) the access by members of the Indian tribe to the land
subject to the proposal.
(f) No Effect on Existing Authority.--Nothing in this Act--
(1) prohibits, restricts, or otherwise adversely affects the
participation of any Indian tribe in stewardship agreements or
contracting under the authority of section 347 of the Department of
the Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; Public Law 105-277) (as amended by section 323 of
the Department of the Interior and Related Agencies Appropriations
Act, 2003 (117 Stat. 275)) or other authority invoked pursuant to
this Act; or
(2) invalidates any agreement or contract under that authority.
(g) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
describes the Indian tribal requests received and agreements or
contracts that have been entered into under this Act.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.