II 117th CONGRESS 2d Session S. 4837 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to establish within the Mount Hood National Forest in the State of Oregon Indian Treaty Resources Emphasis Zones, and for other purposes.

1. Indian Treaty Resources Emphasis Zones, Mount Hood National Forest (a) In general Subtitle C of title I of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1007) is amended by adding at the end the following: 1208. Indian Treaty Resources Emphasis Zones (a) Definitions In this section: (1) National Forest The term National Forest means the Mount Hood National Forest in the State. (2) Reservation The term Reservation means the reservation of the Tribe. (3) Traditional ecological knowledge The term traditional ecological knowledge means a body of observations, oral and written knowledge, practices, and beliefs that promotes environmental sustainability and the responsible stewardship of natural resources through relationships between humans and environmental systems, applied across biological, physical, and cultural systems. (4) Treaty The term Treaty means the Treaty between the United States and the confederated tribes and bands of Indians in Middle Oregon, concluded at Wasco June 25, 1855 (12 Stat. 963). (5) Tribe The term Tribe means the Confederated Tribes of the Warm Springs Reservation of Oregon. (6) Zone The term Zone means an Indian Treaty Resources Emphasis Zone established under subsection (b)(1). (b) Establishment (1) In general There is established within the area of the National Forest described in paragraph (3) 1 or more zones, each of which shall be known as an Indian Treaty Resources Emphasis Zone , consisting of any area within the National Forest with respect to which the Tribe and the Secretary enter into a memorandum of understanding under subsection (c)(1) to protect and enhance Treaty resources or to protect the Reservation from wildfire. (2) Purposes The purposes of a Zone are— (A) to meet the trust responsibility of the United States in protecting the exercise of off-Reservation Treaty rights reserved by the Treaty in the National Forest; (B) to ensure that land and resource management priorities in the Zone maintain and enhance resources, activities, and access reserved by the Treaty; (C) to protect Treaty rights and resources and the Reservation from wildfire, drought, and insect and disease outbreaks in the National Forest; (D) to recognize and integrate traditional ecological knowledge as an important part of the best available scientific information that is used in forest and resource management areas within the Zone; (E) to improve the technical understanding of Forest Service employees in the National Forest with respect to the trust responsibilities of the Federal Government (including the application of those responsibilities to ongoing forest management processes and practices); and (F) to enable a co-management strategy between the Forest Service and the Tribe. (3) Scope This section shall apply to any area within the boundaries of the National Forest in which the Tribe retains Treaty rights. (c) Management strategy (1) Memorandum of understanding Not later than 60 days after the date of enactment of this section, the Secretary shall seek to enter into a memorandum of understanding with the Tribe— (A) to better fulfill the trust relationship between the United States and the Tribe by ensuring that the Forest Service includes the Tribe in the land and resource management decision-making process in a Zone to avoid adverse effects on Treaty rights and management of the resources on which the Treaty rights depend; and (B) to cooperatively develop a management strategy for the 1 or more Zones, including guiding documents for the management of the National Forest and ecosystems for Treaty rights and resources within the Zones. (2) Requirements A memorandum of understanding entered into under paragraph (1) shall— (A) include an assessment of wildfire risk to— (i) the Reservation from the National Forest; and (ii) Treaty and cultural resources within the National Forest; (B) provide that forest restoration and management planning within a Zone includes, and is guided by, reserved Treaty rights, and the resources on which the Treaty rights depend; (C) include requirements that no temporary or permanent road shall be constructed within a Zone, except as necessary— (i) to meet the requirements for the administration of a Zone; (ii) to protect public health and safety; (iii) to respond to an emergency; or (iv) for the control of fire, insects, or diseases, subject to such terms and conditions as the Secretary determines to be appropriate; and (D) to the maximum extent practicable, to meet the purposes of this section, provide for— (i) the retention of large trees, as appropriate for the historic forest structure or promotion of fire-resilient stands; and (ii) the retention of any commercial revenue generated from activities in a Zone for restoration planning and implementation authorized by this section. (3) Road maintenance (A) In general Subject to appropriations, the Secretary shall maintain existing roads determined by the Secretary, in consultation with the Tribe, to be necessary for authorized existing uses and the administration of a Zone. (B) Inclusion in memorandum of understanding The requirement under this paragraph shall— (i) not expire; and (ii) be included in any memorandum of understanding entered into under paragraph (1). (4) Valid existing rights The designation of a Zone shall be subject to valid existing rights. (5) Withdrawal Subject to valid existing rights, all public land within a Zone, and all land and interests in land acquired by the United States within a Zone, shall be withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (6) Deadlines To the maximum extent practicable, the Secretary shall— (A) not later than the date that is 180 days after the date of enactment of this section, ratify a memorandum of understanding under paragraph (1); and (B) not later than the date that is 2 years and 180 days after the date of enactment of this section, complete a management strategy for the 1 or more Zones. (d) Requirements for implementation In carrying out this section, the Secretary shall, to the maximum extent practicable— (1) use all existing authorities available to the Secretary, including, as applicable— (A) the Tribal Forest Protection Act of 2004 ( Public Law 108–278 ; 118 Stat. 868); (B) the good neighbor authority under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (C) title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ); (D) the stewardship end result contracting authority under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ); (E) section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 ); and (F) the authority to enter into contracts with the Tribe to expedite projects, on request by the Tribe, under section 8703 of the Agriculture Improvement Act of 2018 ( 25 U.S.C. 3115b ); (2) develop a programmatic analysis for integrating the management strategy for the 1 or more Zones under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (3) pursue a programmatic biological assessment to implement the actions analyzed under paragraph (2) under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). (e) Review of MOU Not later than 5 years after the date on which a memorandum of understanding is entered into under subsection (c)(1), and not less frequently than once every 5 years thereafter, the Secretary shall, in coordination with the Tribe, review the accomplishments of the memorandum of understanding to determine if the memorandum of understanding shall be extended or modified. (f) Funding agreement The Secretary shall develop a funding agreement with the Tribe, including the use of appropriated funding, to ensure that the Tribe, in partnership with the Forest Service, has the capacity to participate in designing, implementing, and monitoring projects within a Zone. (g) Monitoring (1) In general The Secretary shall enter into an agreement with the Tribe under which the Tribe may, at the discretion of the Tribe— (A) review and provide comments on any land management prescriptions developed by the Secretary for a Zone; (B) monitor— (i) the long-term effectiveness of restoration and management treatments of actions carried out in a Zone; and (ii) any other action or lack of action that is detrimental to the purposes of a Zone; and (C) share any other information with the Forest Service that the Tribe determines to be necessary to further the purposes of a Zone. (h) Management of cultural foods obligations (1) In general If the management plan described in section 1207(c) has not been developed and implemented as of the date of enactment of this section, the Secretary shall— (A) develop and implement a management plan in accordance with that section not later than 180 days after the date of enactment of this section; or (B) enter into a contract with the Tribe to draft a management plan described in that section pursuant to the authority of the Secretary under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). (2) Definition of cultural foods For purposes of the management plan described in paragraph (1), the Secretary shall ensure that the term cultural foods shall be defined by the Tribe. (3) Inclusion The management plan described in paragraph (1) may be included in the management strategy for the 1 or more Zones developed under subsection (c). (i) Land and resource management plan To the maximum extent practicable, any revisions to the land and resource management plan applicable to the National Forest under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ) shall— (1) be made in consultation with the Tribe and other Indian Tribes with historical or legal interests; (2) be consistent with the management strategy for the 1 or more Zones; and (3) protect Treaty rights, and allow management of the resources on which the Treaty rights depend, for purposes of considering any changes to the applicable land and resource management plan or land allocation under the applicable land and resource management plan. (j) Effect Nothing in this section— (1) enlarges, establishes, or diminishes the rights of any Indian Tribe, including— (A) the exercise of hunting, fishing, gathering, and pasturing of livestock rights in usual and accustomed areas; and (B) Indian hunting, fishing, or gathering activities conducted under an agreement with the State; (2) provides any Indian Tribe with exclusive use of any area within the National Forest; or (3) limits the authority of the Secretary to enter into a separate agreement with any other Indian Tribe with a treaty right or recognized legal interest in the National Forest. (k) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2023 through 2027. (2) Authority to use other funds The Secretary may use existing funds of the Forest Service and Forest Service program revenue generated from forest restoration activities to carry out the management strategy for the 1 or more Zones. . (b) Clerical amendment The table of contents of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991) is amended by inserting after the item relating to section 1207 the following: Sec. 1208. Indian Treaty Resources Emphasis Zones. .