118 HR 10533 IH: Small Tribal Forest Restoration Act of 2024 U.S. House of Representatives 2024-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 10533IN THE HOUSE OF REPRESENTATIVESDecember 19, 2024Mr. Kilmer (for himself, Ms. Salinas, and Mr. Guest) introduced the following bill; which was referred to the Committee on Natural 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 concernedA BILLTo authorize the Secretary of Agriculture to administratively transfer covered parcels of National Forest System land to the Secretary of the Interior to be held in trust for the benefit of Indian Tribes.

1.

Short title

This Act may be cited as the Small Tribal Forest Restoration Act of 2024.

2.

Administrative transfer of covered parcels to be held in trust

(a)

Transfers authorized

The Secretary is authorized to administratively transfer a covered parcel described in subsection (b) to the Secretary of the Interior to be held in trust for the benefit of an Indian Tribe in accordance with this section.(b)

Covered parcels

A covered parcel that may transferred under subsection (a) is a parcel of National Forest System land—(1)for which an Indian Tribe submits to the Secretary a request for an administrative transfer to the Secretary of the Interior;(2)that is less than or equal to 640 acres; and(3)that the Secretary determines—(A)the transfer of which under subsection (a) would be in the public interest; and (B)to—(i)be physically isolated from other Federal land;(ii)be inaccessible; (iii)have lost natural character; or(iv)be in need of restoration.(c)

Placement of land

(1)

Land held in trust

Subject to all valid existing rights of the United States, a covered parcel transferred to the Secretary of the Interior under subsection (a) shall—(A)be accepted by the Secretary of the Interior; and(B)be held in trust for the benefit of the requesting Indian Tribe and administered by the Secretary of the Interior in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe.(2)

Inclusion in reservation

If the Indian Tribe submitting a request under subsection (b)(1) exercises jurisdiction over a reservation, the covered parcel placed in trust under paragraph (1)(B) may be declared part of the reservation at the request of the Indian Tribe.(d)

Notification of use of authority

(1)

In general

Not later than 180 days after the date of the enactment of this section, the Secretary shall establish a process to make administrative transfers under subsection (a).(2)

Elements

The process required under paragraph (1) shall include—(A)a 30-day public notice period that a request for a transfer submitted to the Secretary by an Indian Tribe pursuant to subsection (b)(1) has been received;(B)notification of such a request to relevant State and local governments; and(C)notification of such a request to each Indian Tribe—(i)with land in trust that is located within 100 miles of the covered parcel for which such request was submitted; (ii)that has treaty rights or interests with respect to such covered parcel; (iii)for which such covered parcel may have important cultural or historical significance; or(iv)that is served by a care service area of the Indian Health Service in which all or part of the covered parcel is located. (e)

Factors in determination to transfer

When determining whether to transfer a covered parcel under subsection (a), the Secretary shall consider the following: (1)Whether the covered parcel involves a factor of direct relevance unique to the requesting Indian Tribe, including—(A)treaty rights or interests;(B)the exercise of hunting, fishing, or gathering privileges;(C)biological, archaeological, historical, or cultural circumstances; or(D)public safety and emergency management responsibilities.(2)With respect to the Indian Tribe that submits a request pursuant to subsection (b)(1) with respect to such parcel—(A)whether the covered parcel is contiguous to, or within 100 miles of, the reservation or trust lands of such Indian Tribe; and(B)if the parcel is non-contiguous with the reservation or trust lands of such Indian Tribe, the anticipated benefits for the Indian Tribe from the transfer of the covered parcel.(f)

Multiple claims

(1)

Dispute resolution

If two or more Indian Tribes request the same covered parcel during the 90-day period beginning on the date public notice is first made available pursuant to subsection (d)(2)(A) with respect to such covered parcel, the Secretary may use mediation, conciliation, arbitration, and other dispute resolutions methods to establish an agreement with respect to the transfer of such parcel.(2)

Transfer contingent on agreement

The Secretary may not transfer under subsection (a) a covered parcel described in paragraph (1) unless all Indian Tribes described in such paragraph agree to the transfer. (g)

Treaty rights of federally recognized tribes

Nothing in this section shall be construed to affect any treaty right of an Indian Tribe. (h)

Definitions

In this section:(1)

Indian Tribe

The term Indian Tribe means an Indian Tribe recognized by the Secretary of the Interior on the most recent list, as of the date of an applicable request submitted under subsection (b)(1), published in the Federal Register pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).(2)

Secretary

The term Secretary means the Secretary of Agriculture.