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.
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(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;
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(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
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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.