108TH CONGRESS
2D SESSION
H. R. 3846
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tribal Forest Protec-
tion 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 Bu-
reau 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 vegeta-
tive 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 For-
est 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 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 re-
store Federal land that borders on or is adjacent to
Indian forest land or rangeland) that meets the cri-
teria described in subsection (c), the Secretary may
issue public notice of initiation of any necessary en-
vironmental 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 con-
tract 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
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 Manage-
ment 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 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
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 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 water-
sheds 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
affects 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 amend-
ed 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 en-
tered into under this Act.
Passed the House of Representatives June 21, 2004.
Attest:
Clerk.