involve the exploration, development, pro-
duction or transportation of oil, gas, coal, 
shale gas, oil shale, geothermal resources, 
wind or solar resources, underground coal 
gasification, biomass, or the generation of 
electricity; or 
(ii) any Indian Tribe, or any organi-
zation of two or more entities, at least one 
of which is an Indian tribe, to conduct ac-
tivities involving the exploration, develop-
ment, production or transportation of oil, 
gas, coal, shale gas, oil shale, geothermal re-
sources, wind or solar resources, under-
ground coal gasification, biomass, or the 
generation of electricity, regardless of where 
such activities are undertaken. 
(4) ULTIMATELY
PREVAIL.—The phrase ‘‘ulti-
mately prevail’’ means, in a final enforceable judg-
ment, the court rules in the party’s favor on at least 
one cause of action which is an underlying rationale 
for the preliminary injunction, administrative stay, 
or other relief requested by the party, and does not in-
clude circumstances where the final agency action is 
modified or amended by the issuing agency unless 
such modification or amendment is required pursuant 
VerDate Sep 11 2014 
20:57 Oct 23, 2018
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H210.RH
H210
pamtmann on DSKBFK8HB2PROD with BILLS
to a final enforceable judgment of the court or a 
court-ordered consent decree. 
SEC. 6. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 is amended 
by inserting after section 2 (25 U.S.C. 3115a) the following: 
‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2016 
through 2020, the Secretary shall enter into stewardship 
contracts or other agreements, other than agreements that 
are exclusively direct service contracts, with Indian tribes 
to carry out demonstration projects to promote biomass en-
ergy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby commu-
nities by providing reliable supplies of woody biomass from 
Federal land. 
‘‘(b) DEFINITIONS.—The definitions in section 2 shall 
apply to this section. 
‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal year 
for which projects are authorized, the Secretary shall enter 
into contracts or other agreements described in subsection 
(a) to carry out at least 4 new demonstration projects that 
meet the eligibility criteria described in subsection (d). 
‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to enter 
into a contract or other agreement under this subsection, 
VerDate Sep 11 2014 
20:57 Oct 23, 2018
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H210.RH
H210
pamtmann on DSKBFK8HB2PROD with BILLS
an Indian tribe shall submit to the Secretary an applica-
tion— 
‘‘(1) containing such information as the Sec-
retary may require; and 
‘‘(2) that includes a description of— 
‘‘(A) the Indian forest land or rangeland 
under the jurisdiction of the Indian tribe; and 
‘‘(B) the demonstration project proposed to 
be carried out by the Indian tribe. 
‘‘(e) SELECTION.—In evaluating the applications sub-
mitted under subsection (c), the Secretary— 
‘‘(1) shall take into consideration the factors set 
forth in paragraphs (1) and (2) of section 2(e) of 
Public Law 108–278; and whether a proposed dem-
onstration project would— 
‘‘(A) increase the availability or reliability 
of local or regional energy; 
‘‘(B) enhance the economic development of 
the Indian tribe; 
‘‘(C) improve the connection of electric 
power transmission facilities serving the Indian 
tribe with other electric transmission facilities; 
‘‘(D) improve the forest health or watersheds 
of Federal land or Indian forest land or range-
land; or 
VerDate Sep 11 2014 
20:57 Oct 23, 2018
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H210.RH
H210
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(E) otherwise promote the use of woody 
biomass; and 
‘‘(2) shall exclude from consideration any mer-
chantable logs that have been identified by the Sec-
retary for commercial sale. 
‘‘(f) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) ensure that the criteria described in sub-
section (c) are publicly available by not later than 
120 days after the date of enactment of this section; 
and 
‘‘(2) to the maximum extent practicable, consult 
with Indian tribes and appropriate intertribal orga-
nizations likely to be affected in developing the appli-
cation and otherwise carrying out this section. 
‘‘(g) REPORT.—Not later than one year subsequent to 
the date of enactment of this section, the Secretary shall 
submit to Congress a report that describes, with respect to 
the reporting period— 
‘‘(1) each individual tribal application received 
under this section; and 
‘‘(2) each contract and agreement entered into 
pursuant to this section. 
‘‘(h) INCORPORATION OF MANAGEMENT PLANS.—In 
carrying out a contract or agreement under this section, 
on receipt of a request from an Indian tribe, the Secretary 
VerDate Sep 11 2014 
20:57 Oct 23, 2018
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H210.RH
H210
pamtmann on DSKBFK8HB2PROD with BILLS
shall incorporate into the contract or agreement, to the ex-
tent practicable, management plans (including forest man-
agement and integrated resource management plans) in ef-
fect on the Indian forest land or rangeland of the respective 
Indian tribe. 
‘‘(i) TERM.—A stewardship contract or other agree-
ment entered into under this section— 
‘‘(1) shall be for a term of not more than 20 
years; and 
‘‘(2) may be renewed in accordance with this sec-
tion for not more than an additional 10 years. 
‘‘SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION 
PROJECT. 
‘‘The Secretary of the Interior and the Secretary of Ag-
riculture may carry out demonstration projects by which 
federally recognized Indian tribes or tribal organizations 
may contract to perform administrative, management, and 
other functions of programs of the Tribal Forest Protection 
Act of 2004 (25 U.S.C. 3115a et seq.) through contracts en-
tered into under the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.).’’. 
SEC. 7. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of the enactment of this Act, any ac-
tivity conducted or resources harvested or produced pursu-
VerDate Sep 11 2014 
20:57 Oct 23, 2018
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H210.RH
H210
pamtmann on DSKBFK8HB2PROD with BILLS