IB 

Union Calendar No. 292

108TH CONGRESS 

2D SESSION H. R. 3846

[Report No. 108–509, Part I] 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2004

Mr. POMBO (for himself, Mr. RENZI, Mr. BACA, Mr. PEARCE, Mr. UDALL of 

Colorado, Mr. NUNES, Mr. UDALL of New Mexico, and Mr. DOOLEY of 

California) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Agriculture, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

MAY 20, 2004

Additional sponsor: Mr. WALDEN of Oregon 

MAY 20, 2004

Reported from the Committee on Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 20, 2004

Referral to the Committee on Agriculture extended for a period ending not 

later than May 20, 2004

MAY 20, 2004

The Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on February 26, 2004] 

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.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Forest Protection 

5 Act of 2004’’. 

6 SEC. 2. TRIBAL FOREST ASSETS PROTECTION. 

7 (a) DEFINITIONS.—In this section: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means— 

10 (A) land of the National Forest System (as 

11 defined in section 11(a) of the Forest and Range12 land Renewable Resources Planning Act of 1974 

13 (16 U.S.C. 1609(a))) administered by the Sec14 retary of Agriculture, acting through the Chief of 

15 the Forest Service; and 

16 (B) public lands (as defined in section 103 

17 of the Federal Land Policy and Management Act 

18 of 1976 (43 U.S.C. 1702)), the surface of which 
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1 is administered by the Secretary of the Interior, 

2 acting through the Director of the Bureau of 

3 Land Management. 

4 (2) INDIAN FOREST LAND OR RANGELAND.—The 

5 term ‘‘Indian forest land or rangeland’’ means land 

6 that—

7 (A) is held in trust by, or with a restriction 

8 against alienation by, the United States for an 

9 Indian tribe or a member of an Indian tribe; 

10 and 

11 (B)(i)(I) is Indian forest land (as defined 

12 in section 304 of the National Indian Forest Re13 sources Management Act (25 U.S.C. 3103)); or 

14 (II) has a cover of grasses, brush, or any 

15 similar vegetation; or 

16 (ii) formerly had a forest cover or vegetative 

17 cover that is capable of restoration. 

18 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

19 the meaning given the term in section 4 of the Indian 

20 Self-Determination and Education Assistance Act (25 

21 U.S.C. 450b). 

22 (4) SECRETARY.—The term ‘‘Secretary’’ 

23 means— 
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1 (A) the Secretary of Agriculture, with re2 spect to land under the jurisdiction of the Forest 

3 Service; and 

4 (B) the Secretary of the Interior, with re5 spect to land under the jurisdiction of the Bu6 reau of Land Management. 

7 (b) AUTHORITY TO PROTECT INDIAN FOREST LAND OR

8 RANGELAND.— 

9 (1) IN GENERAL.—Not later than 120 days after 

10 the date on which an Indian tribe submits to the Sec11 retary a request to enter into an agreement or con12 tract to carry out a project to protect Indian forest 

13 land or rangeland (including a project to restore Fed14 eral land that borders on or is adjacent to Indian for15 est land or rangeland) that meets the criteria de16 scribed in subsection (c), the Secretary may issue 

17 public notice of initiation of any necessary environ18 mental review or of the potential of entering into an 

19 agreement or contract with the Indian tribe pursuant 

20 to section 347 of the Department of the Interior and 

21 Related Agencies Appropriations Act, 1999 (16 

22 U.S.C. 2104 note; Public Law 105–277) (as amended 

23 by section 323 of the Department of the Interior and 

24 Related Agencies Appropriations Act, 2003 (117 Stat. 

25 275)), or such other authority as appropriate, under 
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1 which the Indian tribe would carry out activities de2 scribed in paragraph (3). 

3 (2) ENVIRONMENTAL ANALYSIS.—Following com4 pletion of any necessary environmental analysis, the 

5 Secretary may enter into an agreement or contract 

6 with the Indian tribe as described in paragraph (1). 

7 (3) ACTIVITIES.—Under an agreement or con8 tract entered into under paragraph (2), the Indian 

9 tribe may carry out activities to achieve land man10 agement goals for Federal land that is— 

11 (A) under the jurisdiction of the Secretary; 

12 and

13 (B) bordering or adjacent to the Indian for14 est land or rangeland under the jurisdiction of 

15 the Indian tribe. 

16 (c) SELECTION CRITERIA.—The criteria referred to in 

17 subsection (b), with respect to an Indian tribe, are wheth18 er— 

19 (1) the Indian forest land or rangeland under 

20 the jurisdiction of the Indian tribe borders on or is 

21 adjacent to land under the jurisdiction of the Forest 

22 Service or the Bureau of Land Management; 

23 (2) Forest Service or Bureau of Land Manage24 ment land bordering on or adjacent to the Indian for-
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1 est land or rangeland under the jurisdiction of the In2 dian tribe—

3 (A) poses a fire, disease, or other threat to— 

4 (i) the Indian forest land or rangeland 

5 under the jurisdiction of the Indian tribe; 

6 or 

7 (ii) a tribal community; or 

8 (B) is in need of land restoration activities; 

9 (3) the agreement or contracting activities ap10 plied for by the Indian tribe are not already covered 

11 by a stewardship contract or other instrument that 

12 would present a conflict on the subject land; and 

13 (4) the Forest Service or Bureau of Land Man14 agement land described in the application of the In15 dian tribe presents or involves a feature or cir16 cumstance unique to that Indian tribe (including 

17 treaty rights or biological, archaeological, historical, 

18 or cultural circumstances). 

19 (d) NOTICE OF DENIAL.—If the Secretary denies a 

20 tribal request under subsection (b)(1), the Secretary may 

21 issue a notice of denial to the Indian tribe, which— 

22 (1) identifies the specific factors that caused, and 

23 explains the reasons that support, the denial; 

24 (2) identifies potential courses of action for over25 coming specific issues that led to the denial; and 
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1 (3) proposes a schedule of consultation with the 

2 Indian tribe for the purpose of developing a strategy 

3 for protecting the Indian forest land or rangeland of 

4 the Indian tribe and interests of the Indian tribe in 

5 Federal land. 

6 (e) PROPOSAL EVALUATION AND DETERMINATION FAC7 TORS.—In entering into an agreement or contract in re8 sponse to a request of an Indian tribe under subsection 

9 (b)(1), the Secretary may— 

10 (1) use a best-value basis; and 

11 (2) give specific consideration to tribally-related 

12 factors in the proposal of the Indian tribe, includ13 ing— 

14 (A) the status of the Indian tribe as an In15 dian tribe; 

16 (B) the trust status of the Indian forest 

17 land or rangeland of the Indian tribe; 

18 (C) the cultural, traditional, and historical 

19 affiliation of the Indian tribe with the land sub20 ject to the proposal; 

21 (D) the treaty rights or other reserved rights 

22 of the Indian tribe relating to the land subject to 

23 the proposal; 

24 (E) the indigenous knowledge and skills of 

25 members of the Indian tribe; 
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1 (F) the features of the landscape of the land 

2 subject to the proposal, including watersheds and 

3 vegetation types; 

4 (G) the working relationships between the 

5 Indian tribe and Federal agencies in coordi6 nating activities affecting the land subject to the 

7 proposal; and 

8 (H) the access by members of the Indian 

9 tribe to the land subject to the proposal. 

10 (f) NO EFFECT ON EXISTING AUTHORITY.—Nothing in 

11 this Act— 

12 (1) prohibits, restricts, or otherwise adversely af13 fects the participation of any Indian tribe in stew14 ardship agreements or contracting under the author15 ity of section 347 of the Department of the Interior 

16 and Related Agencies Appropriations Act, 1999 (16 

17 U.S.C. 2104 note; Public Law 105–277) (as amended 

18 by section 323 of the Department of the Interior and 

19 Related Agencies Appropriations Act, 2003 (117 Stat. 

20 275)) or other authority invoked pursuant to this Act; 

21 or 

22 (2) invalidates any agreement or contract under 

23 that authority. 

24 (g) REPORT.—Not later than 4 years after the date 

25 of enactment of this Act, the Secretary shall submit to Con-
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1 gress a report that describes the Indian tribal requests re2 ceived and agreements or contracts that have been entered 

3 into under this Act.
Union Calendar No. 292

108TH CONGRESS 

2D SESSION H. R. 3846

[Report No. 108–509, Part I] 

A BILL

To authorize the Secretary of Agriculture and the 

dian forest land. tain criteria to carry out projects to protect Inment or contract with Indian tribes meeting cerSecretary of the Interior to enter into an agreeMAY 20, 2004

Reported from the Committee on Resources with an 

amendment 

Referral to the Committee on Agriculture extended for a 

period ending not later than May 20, 2004

The Committee on Agriculture discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the