I 
108TH CONGRESS 
2D SESSION 
H. R. 3846 
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 
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 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.—The term ‘‘Indian 
forest land’’ has the meaning given the term in sec-
tion 304 of the National Indian Forest Resources 
Management Act (25 U.S.C. 3103). 
(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 TRIBAL FOREST AS-
SETS.— 
(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 that meets the criteria described in sub-
section (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 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 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 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 under the jurisdiction of the Indian tribe 
poses a fire, disease, or other threat to—
(A) the Indian forest land under the juris-
diction of the Indian tribe; or 
(B) a tribal community; 
(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 forest land 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, includ-
ing— 
(A) the status of the Indian tribe as an In-
dian tribe; 
(B) the trust status of the forest land 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. 
Æ