II 

117TH CONGRESS 

2D SESSION S. 4837 

To amend the Omnibus Public Land Management Act of 2009 to establish 

within the Mount Hood National Forest in the State of Oregon Indian 

Treaty Resources Emphasis Zones, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2022 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Omnibus Public Land Management Act of 

2009 to establish within the Mount Hood National Forest in the State of Oregon Indian Treaty Resources 

Emphasis Zones, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. INDIAN TREATY RESOURCES EMPHASIS ZONES, 

4 MOUNT HOOD NATIONAL FOREST. 

5 (a) IN GENERAL.—Subtitle C of title I of the Omni6 bus Public Land Management Act of 2009 (Public Law 

7 111–11; 123 Stat. 1007) is amended by adding at the end 

8 the following: 


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1 ‘‘SEC. 1208. INDIAN TREATY RESOURCES EMPHASIS ZONES. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) NATIONAL FOREST.—The term ‘National 

4 Forest’ means the Mount Hood National Forest in 

5 the State. 

6 ‘‘(2) RESERVATION.—The term ‘Reservation’ 

7 means the reservation of the Tribe. 

8 ‘‘(3) TRADITIONAL ECOLOGICAL KNOWL9 EDGE.—The term ‘traditional ecological knowledge’ 

10 means a body of observations, oral and written 

11 knowledge, practices, and beliefs that promotes envi12 ronmental sustainability and the responsible stew13 ardship of natural resources through relationships 

14 between humans and environmental systems, applied 

15 across biological, physical, and cultural systems. 

16 ‘‘(4) TREATY.—The term ‘Treaty’ means the 

17 Treaty between the United States and the confed18 erated tribes and bands of Indians in Middle Or19 egon, concluded at Wasco June 25, 1855 (12 Stat. 

20 963). 

21 ‘‘(5) TRIBE.—The term ‘Tribe’ means the Con22 federated Tribes of the Warm Springs Reservation 

23 of Oregon. 

24 ‘‘(6) ZONE.—The term ‘Zone’ means an Indian 

25 Treaty Resources Emphasis Zone established under 

26 subsection (b)(1). 


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1 ‘‘(b) ESTABLISHMENT.— 

2 ‘‘(1) IN GENERAL.—There is established within 

3 the area of the National Forest described in para4 graph (3) 1 or more zones, each of which shall be 

5 known as an ‘Indian Treaty Resources Emphasis 

6 Zone’, consisting of any area within the National 

7 Forest with respect to which the Tribe and the Sec8 retary enter into a memorandum of understanding 

9 under subsection (c)(1) to protect and enhance 

10 Treaty resources or to protect the Reservation from 

11 wildfire. 

12 ‘‘(2) PURPOSES.—The purposes of a Zone 

13 are— 

14 ‘‘(A) to meet the trust responsibility of the 

15 United States in protecting the exercise of off16 Reservation Treaty rights reserved by the Trea17 ty in the National Forest; 

18 ‘‘(B) to ensure that land and resource 

19 management priorities in the Zone maintain 

20 and enhance resources, activities, and access re21 served by the Treaty; 

22 ‘‘(C) to protect Treaty rights and re23 sources and the Reservation from wildfire, 

24 drought, and insect and disease outbreaks in 

25 the National Forest; 


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1 ‘‘(D) to recognize and integrate traditional 

2 ecological knowledge as an important part of 

3 the best available scientific information that is 

4 used in forest and resource management areas 

5 within the Zone; 

6 ‘‘(E) to improve the technical under7 standing of Forest Service employees in the Na8 tional Forest with respect to the trust respon9 sibilities of the Federal Government (including 

10 the application of those responsibilities to ongo11 ing forest management processes and prac12 tices); and 

13 ‘‘(F) to enable a co-management strategy 

14 between the Forest Service and the Tribe. 

15 ‘‘(3) SCOPE.—This section shall apply to any 

16 area within the boundaries of the National Forest in 

17 which the Tribe retains Treaty rights. 

18 ‘‘(c) MANAGEMENT STRATEGY.— 

19 ‘‘(1) MEMORANDUM OF UNDERSTANDING.—Not 

20 later than 60 days after the date of enactment of 

21 this section, the Secretary shall seek to enter into a 

22 memorandum of understanding with the Tribe— 

23 ‘‘(A) to better fulfill the trust relationship 

24 between the United States and the Tribe by en25 suring that the Forest Service includes the 


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1 Tribe in the land and resource management de2 cision-making process in a Zone to avoid ad3 verse effects on Treaty rights and management 

4 of the resources on which the Treaty rights de5 pend; and 

6 ‘‘(B) to cooperatively develop a manage7 ment strategy for the 1 or more Zones, includ8 ing guiding documents for the management of 

9 the National Forest and ecosystems for Treaty 

10 rights and resources within the Zones. 

11 ‘‘(2) REQUIREMENTS.—A memorandum of un12 derstanding entered into under paragraph (1) 

13 shall— 

14 ‘‘(A) include an assessment of wildfire risk 

15 to— 

16 ‘‘(i) the Reservation from the Na17 tional Forest; and 

18 ‘‘(ii) Treaty and cultural resources 

19 within the National Forest; 

20 ‘‘(B) provide that forest restoration and 

21 management planning within a Zone includes, 

22 and is guided by, reserved Treaty rights, and 

23 the resources on which the Treaty rights de24 pend; 


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1 ‘‘(C) include requirements that no tem2 porary or permanent road shall be constructed 

3 within a Zone, except as necessary— 

4 ‘‘(i) to meet the requirements for the 

5 administration of a Zone; 

6 ‘‘(ii) to protect public health and safe7 ty; 

8 ‘‘(iii) to respond to an emergency; or 

9 ‘‘(iv) for the control of fire, insects, or 

10 diseases, subject to such terms and condi11 tions as the Secretary determines to be ap12 propriate; and 

13 ‘‘(D) to the maximum extent practicable, 

14 to meet the purposes of this section, provide 

15 for— 

16 ‘‘(i) the retention of large trees, as ap17 propriate for the historic forest structure 

18 or promotion of fire-resilient stands; and 

19 ‘‘(ii) the retention of any commercial 

20 revenue generated from activities in a Zone 

21 for restoration planning and implementa22 tion authorized by this section. 

23 ‘‘(3) ROAD MAINTENANCE.— 

24 ‘‘(A) IN GENERAL.—Subject to appropria25 tions, the Secretary shall maintain existing 


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1 roads determined by the Secretary, in consulta2 tion with the Tribe, to be necessary for author3 ized existing uses and the administration of a 

4 Zone. 

5 ‘‘(B) INCLUSION IN MEMORANDUM OF UN6 DERSTANDING.—The requirement under this 

7 paragraph shall— 

8 ‘‘(i) not expire; and 

9 ‘‘(ii) be included in any memorandum 

10 of understanding entered into under para11 graph (1). 

12 ‘‘(4) VALID EXISTING RIGHTS.—The designa13 tion of a Zone shall be subject to valid existing 

14 rights. 

15 ‘‘(5) WITHDRAWAL.—Subject to valid existing 

16 rights, all public land within a Zone, and all land 

17 and interests in land acquired by the United States 

18 within a Zone, shall be withdrawn from— 

19 ‘‘(A) all forms of entry, appropriation, or 

20 disposal under the public land laws; 

21 ‘‘(B) location, entry, and patent under the 

22 mining laws; and 

23 ‘‘(C) operation of the mineral leasing, min24 eral materials, and geothermal leasing laws. 


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1 ‘‘(6) DEADLINES.—To the maximum extent 

2 practicable, the Secretary shall— 

3 ‘‘(A) not later than the date that is 180 

4 days after the date of enactment of this section, 

5 ratify a memorandum of understanding under 

6 paragraph (1); and 

7 ‘‘(B) not later than the date that is 2 

8 years and 180 days after the date of enactment 

9 of this section, complete a management strategy 

10 for the 1 or more Zones. 

11 ‘‘(d) REQUIREMENTS FOR IMPLEMENTATION.—In 

12 carrying out this section, the Secretary shall, to the max13 imum extent practicable— 

14 ‘‘(1) use all existing authorities available to the 

15 Secretary, including, as applicable— 

16 ‘‘(A) the Tribal Forest Protection Act of 

17 2004 (Public Law 108–278; 118 Stat. 868); 

18 ‘‘(B) the good neighbor authority under 

19 section 8206 of the Agricultural Act of 2014 

20 (16 U.S.C. 2113a); 

21 ‘‘(C) title XXVI of the Energy Policy Act 

22 of 1992 (25 U.S.C. 3501 et seq.); 

23 ‘‘(D) the stewardship end result con24 tracting authority under section 604 of the 


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1 Healthy Forests Restoration Act of 2003 (16 

2 U.S.C. 6591c); 

3 ‘‘(E) section 102 of the Indian Self-Deter4 mination and Education Assistance Act (25 

5 U.S.C. 5321); and 

6 ‘‘(F) the authority to enter into contracts 

7 with the Tribe to expedite projects, on request 

8 by the Tribe, under section 8703 of the Agri9 culture Improvement Act of 2018 (25 U.S.C. 

10 3115b); 

11 ‘‘(2) develop a programmatic analysis for inte12 grating the management strategy for the 1 or more 

13 Zones under the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4321 et seq.); and 

15 ‘‘(3) pursue a programmatic biological assess16 ment to implement the actions analyzed under para17 graph (2) under section 7 of the Endangered Species 

18 Act of 1973 (16 U.S.C. 1536). 

19 ‘‘(e) REVIEW OF MOU.—Not later than 5 years after 

20 the date on which a memorandum of understanding is en21 tered into under subsection (c)(1), and not less frequently 

22 than once every 5 years thereafter, the Secretary shall, 

23 in coordination with the Tribe, review the accomplish24 ments of the memorandum of understanding to determine 


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1 if the memorandum of understanding shall be extended 

2 or modified. 

3 ‘‘(f) FUNDING AGREEMENT.—The Secretary shall de4 velop a funding agreement with the Tribe, including the 

5 use of appropriated funding, to ensure that the Tribe, in 

6 partnership with the Forest Service, has the capacity to 

7 participate in designing, implementing, and monitoring 

8 projects within a Zone. 

9 ‘‘(g) MONITORING.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall enter 

11 into an agreement with the Tribe under which the 

12 Tribe may, at the discretion of the Tribe— 

13 ‘‘(A) review and provide comments on any 

14 land management prescriptions developed by 

15 the Secretary for a Zone; 

16 ‘‘(B) monitor— 

17 ‘‘(i) the long-term effectiveness of res18 toration and management treatments of 

19 actions carried out in a Zone; and 

20 ‘‘(ii) any other action or lack of action 

21 that is detrimental to the purposes of a 

22 Zone; and 

23 ‘‘(C) share any other information with the 

24 Forest Service that the Tribe determines to be 

25 necessary to further the purposes of a Zone. 


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1 ‘‘(h) MANAGEMENT OF CULTURAL FOODS OBLIGA2 TIONS.— 

3 ‘‘(1) IN GENERAL.—If the management plan 

4 described in section 1207(c) has not been developed 

5 and implemented as of the date of enactment of this 

6 section, the Secretary shall— 

7 ‘‘(A) develop and implement a manage8 ment plan in accordance with that section not 

9 later than 180 days after the date of enactment 

10 of this section; or 

11 ‘‘(B) enter into a contract with the Tribe 

12 to draft a management plan described in that 

13 section pursuant to the authority of the Sec14 retary under the Indian Self-Determination and 

15 Education Assistance Act (25 U.S.C. 5301 et 

16 seq.). 

17 ‘‘(2) DEFINITION OF CULTURAL FOODS.—For 

18 purposes of the management plan described in para19 graph (1), the Secretary shall ensure that the term 

20 ‘cultural foods’ shall be defined by the Tribe. 

21 ‘‘(3) INCLUSION.—The management plan de22 scribed in paragraph (1) may be included in the 

23 management strategy for the 1 or more Zones devel24 oped under subsection (c). 


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1 ‘‘(i) LAND AND RESOURCE MANAGEMENT PLAN.— 

2 To the maximum extent practicable, any revisions to the 

3 land and resource management plan applicable to the Na4 tional Forest under the Forest and Rangeland Renewable 

5 Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) 

6 shall— 

7 ‘‘(1) be made in consultation with the Tribe 

8 and other Indian Tribes with historical or legal in9 terests; 

10 ‘‘(2) be consistent with the management strat11 egy for the 1 or more Zones; and 

12 ‘‘(3) protect Treaty rights, and allow manage13 ment of the resources on which the Treaty rights de14 pend, for purposes of considering any changes to the 

15 applicable land and resource management plan or 

16 land allocation under the applicable land and re17 source management plan. 

18 ‘‘(j) EFFECT.—Nothing in this section— 

19 ‘‘(1) enlarges, establishes, or diminishes the 

20 rights of any Indian Tribe, including— 

21 ‘‘(A) the exercise of hunting, fishing, gath22 ering, and pasturing of livestock rights in usual 

23 and accustomed areas; and 


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1 ‘‘(B) Indian hunting, fishing, or gathering 

2 activities conducted under an agreement with 

3 the State; 

4 ‘‘(2) provides any Indian Tribe with exclusive 

5 use of any area within the National Forest; or 

6 ‘‘(3) limits the authority of the Secretary to 

7 enter into a separate agreement with any other In8 dian Tribe with a treaty right or recognized legal in9 terest in the National Forest. 

10 ‘‘(k) FUNDING.— 

11 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this section $3,500,000 for each of fiscal years 2023 

14 through 2027. 

15 ‘‘(2) AUTHORITY TO USE OTHER FUNDS.—The 

16 Secretary may use existing funds of the Forest Serv17 ice and Forest Service program revenue generated 

18 from forest restoration activities to carry out the 

19 management strategy for the 1 or more Zones.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 of the Omnibus Public Land Management Act of 2009 

22 (Public Law 111–11; 123 Stat. 991) is amended by insert23 ing after the item relating to section 1207 the following: 

‘‘Sec. 1208. Indian Treaty Resources Emphasis Zones.’’. 

Æ 


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