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[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.
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