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 Com-
mittee 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
[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.
Be it enacted by the Senate and House of Representa-
tives 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 Range-
land Renewable Resources Planning Act of 1974 
(16 U.S.C. 1609(a))) administered by the Sec-
retary 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 Re-
sources 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 re-
spect to land under the jurisdiction of the Forest 
Service; and 
(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the Bu-
reau 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 Sec-
retary a request to enter into an agreement or con-
tract to carry out a project to protect Indian forest 
land or rangeland (including a project to restore Fed-
eral land that borders on or is adjacent to Indian for-
est land or rangeland) that meets the criteria de-
scribed in subsection (c), the Secretary may issue 
public notice of initiation of any necessary environ-
mental 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 de-
scribed in paragraph (3). 
(2) ENVIRONMENTAL ANALYSIS.—Following com-
pletion 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 con-
tract entered into under paragraph (2), the Indian 
tribe may carry out activities to achieve land man-
agement goals for Federal land that is— 
(A) under the jurisdiction of the Secretary; 
and
(B) bordering or adjacent to the Indian for-
est 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 wheth-
er— 
(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 Manage-
ment land bordering on or adjacent to the Indian for-
est land or rangeland under the jurisdiction of the In-
dian 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 ap-
plied 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 Man-
agement land described in the application of the In-
dian tribe presents or involves a feature or cir-
cumstance 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 over-
coming 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 FAC-
TORS.—In entering into an agreement or contract in re-
sponse 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, includ-
ing— 
(A) the status of the Indian tribe as an In-
dian 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 sub-
ject 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 coordi-
nating 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 af-
fects the participation of any Indian tribe in stew-
ardship agreements or contracting under the author-
ity 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 Con-
gress a report that describes the Indian tribal requests re-
ceived and agreements or contracts that have been entered 
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 
Secretary of the Interior to enter into an agree-
ment or contract with Indian tribes meeting cer-
tain criteria to carry out projects to protect In-
dian forest land. 
MAY 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 
the Committee of the Whole House on the State of the 
Union and ordered to be printed