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 Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C.
1702)), the surface of which is administered by the Sec-
retary 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 vegeta-
tion; 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 RANGE-
LAND.—
(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 initi-
ation 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 Appropria-
tions 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 activi-
ties 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 jurisdic-
tion 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 range-
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 Depart-
ment 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.