[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2134 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2134
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2004
Mrs. Feinstein (for herself, Mr. Campbell, Mr. Domenici, and Mr. Smith)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
_______________________________________________________________________
A BILL
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.--The term ``Indian forest land''
has the meaning given the term in section 304 of the National
Indian Forest Resources Management Act (25 U.S.C. 3103).
(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 Tribal Forest Assets.--
(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 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
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 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 under the
jurisdiction of the Indian tribe poses a fire, disease, or
other threat to--
(A) the Indian forest land under the jurisdiction
of the Indian tribe; or
(B) a tribal community;
(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 forest land 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 forest land 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.
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