25 U.S.C. § 3104 (INDIANS)
§ 3104. Management of Indian forest land
(a) Management activities
The Secretary shall undertake forest land management activities on Indian forest land, either directly or through contracts, cooperative agreements, or grants under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].
(b) Management objectives
Indian forest land management activities undertaken by the Secretary shall be designed to achieve the following objectives—
(1) the development, maintenance, and enhancement of Indian forest land in a perpetually productive state in accordance with the principles of sustained yield and with the standards and objectives set forth in forest management plans by providing effective management and protection through the application of sound silvicultural and economic principles to—
(A) the harvesting of forest products,
(B) forestation,
(C) timber stand improvement, and
(D) other forestry practices;
(2) the regulation of Indian forest lands through the development and implementation, with the full and active consultation and participation of the appropriate Indian tribe, of forest management plans which are supported by written tribal objectives and forest marketing programs;
(3) the regulation of Indian forest lands in a manner that will ensure the use of good method and order in harvesting so as to make possible, on a sustained yield basis, continuous productivity and a perpetual forest business;
(4) the development of Indian forest lands and associated value-added industries by Indians and Indian tribes to promote self-sustaining communities, so that Indians may receive from their Indian forest land not only stumpage value, but also the benefit of all the labor and profit that such Indian forest land is capable of yielding;
(5) the retention of Indian forest land in its natural state when an Indian tribe determines that the recreational, cultural, aesthetic, or traditional values of the Indian forest land represents the highest and best use of the land;
(6) the management and protection of forest resources to retain the beneficial effects to Indian forest lands of regulating water run-off and minimizing soil erosion; and
(7) the maintenance and improvement of timber productivity, grazing, wildlife, fisheries, recreation, aesthetic, cultural and other traditional values.
(Pub. L. 101–630, title III, § 305, Nov. 28, 1990, 104 Stat. 4535.)
heading: References in Text
text: The Indian Self-Determination Act, referred to in subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
heading: Purpose
text: Pub. L. 115–325, title II, § 202(a), Dec. 18, 2018, 132 Stat. 4459, provided that: “The purpose of this section [amending section 3115a of this title and enacting provisions set out as notes under this section] is to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production.”
heading: Alaska Native Biomass Demonstration Project
text: Pub. L. 115–325, title II, § 202(c), Dec. 18, 2018, 132 Stat. 4461, provided that:
“(1) Definitions.—
In this subsection:
“(A) Federal land.—
The term ‘Federal land’ means—
“(i) 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
“(ii) 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.
“(B) 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. 5304).
“(C) Secretary.—
The term ‘Secretary’ means—
“(i) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and
“(ii) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
“(D) Tribal organization.—
The term ‘tribal organization’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(2) Agreements.—
For each of fiscal years 2017 through 2021, the Secretary shall enter into an agreement or contract with an Indian tribe or a tribal organization to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) by providing reliable supplies of woody biomass from Federal land.
“(3) Demonstration projects.—
In each fiscal year for which projects are authorized, at least 1 new demonstration project that meets the eligibility criteria described in paragraph (4) shall be carried out under contracts or agreements described in paragraph (2).
“(4) Eligibility criteria.—
To be eligible to enter into a contract or agreement under this subsection, an Indian tribe or tribal organization shall submit to the Secretary an application—
“(A) containing such information as the Secretary may require; and
“(B) that includes a description of the demonstration project proposed to be carried out by the Indian tribe or tribal organization.
“(5) Selection.—
In evaluating the applications submitted under paragraph (4), the Secretary shall—
“(A) take into consideration whether a proposed project would—
“(i) increase the availability or reliability of local or regional energy;
“(ii) enhance the economic development of the Indian tribe;
“(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
“(iv) improve the forest health or watersheds of Federal land or non-Federal land;
“(v) demonstrate new investments in infrastructure; or
“(vi) otherwise promote the use of woody biomass; and
“(B) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
“(6) Implementation.—
The Secretary shall—
“(A) ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection [Dec. 18, 2018]; and
“(B) to the maximum extent practicable, consult with Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection.
“(7) Report.—
Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
“(A) each individual application received under this subsection; and
“(B) each contract and agreement entered into pursuant to this subsection.
“(8) Term.—
A contract or agreement entered into under this subsection—
“(A) shall be for a term of not more than 20 years; and
“(B) may be renewed in accordance with this subsection for not more than an additional 10 years.”
heading: Tribal Biomass Demonstration Project
text: Pub. L. 108–278, § 3, as added by Pub. L. 115–325, title II, § 202(b)(2), Dec. 18, 2018, 132 Stat. 4459, provided that:
“(a) Stewardship Contracts or Similar Agreements.—
For each of fiscal years 2017 through 2021, the Secretary shall enter into stewardship contracts or similar agreements (excluding direct service contracts) with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land.
“(b) Demonstration Projects.—
In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).
“(c) Eligibility Criteria.—
To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit to the Secretary an application—
“(1) containing such information as the Secretary 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.
“(d) Selection.—
In evaluating the applications submitted under subsection (c), the Secretary shall—
“(1) take into consideration—
“(A) the factors set forth in paragraphs (1) and (2) of section 2(e) [25 U.S.C. 3115a(e)(1), (2)]; and
“(B) whether a proposed project would—
“(i) increase the availability or reliability of local or regional energy;
“(ii) enhance the economic development of the Indian tribe;
“(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
“(iv) improve the forest health or watersheds of Federal land or Indian forest land or rangeland;
“(v) demonstrate new investments in infrastructure; or
“(vi) otherwise promote the use of woody biomass; and
“(2) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
“(e) Implementation.—
The Secretary shall—
“(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section [Dec. 18, 2018]; and
“(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.
“(f) Report.—
Not later than September 20, 2019, 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.
“(g) 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 shall incorporate into the contract or agreement, to the maximum extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe.
“(h) Term.—
A contract or agreement 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 section for not more than an additional 10 years.”
[For definitions of terms used in section 3 of Pub. L. 108–278, set out above, see section 3115a(a) of this title.]