Authority to enter into agreements with Indian Tribes and Tribal organizations to carry out certain Forest Service activities

(a)

Authority To enter into agreements with Indian Tribes and Tribal organizations

(1)

Authority to enter into agreements

(A)

In general

Subject to subparagraph (B) and paragraph (3), the Secretary may enter into agreements with an Indian Tribe or Tribal organization for the performance of activities of the Forest Service described in paragraph (2). (B)

Minimum number of agreements

During the 4-year period beginning on the date of the enactment of this Act, the Secretary shall enter into at least 5 agreements under subparagraph (A). (C)

Agreement and contract authority

The Secretary may carry out subparagraph (A)— (i) through an agreement pursuant to this section; (ii) through a contract entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.) in a substantially similar manner as a contract entered into pursuant to section 8703 of the Agriculture Improvement Act of 2018 (25 U.S.C. 3115b); or (iii) through any other agreement authority provided to the Secretary under Federal law or regulations. (2)

Allowable activities

(A)

In general

An activity described in this paragraph is any activity (including a permissive activity), service, or function (including the management decisions related to such activity, service, or function) of the Forest Service that— (i) is carried out on National Forest System lands that the Secretary determines are in need of such activity (including restoration activity), service, or function; (ii) is consistent with each land management plan applicable to such National Forest System lands; (iii) is carried out on land that the Secretary, in consultation with each applicable Indian Tribe, identifies as being historically, culturally, or geographically related to such Indian Tribe; and (iv) is carried out in accordance with applicable laws, including environmental laws and regulations. (B)

Permissive activity

For purposes of subparagraph (A), the term permissive activity includes— (i) forest and grassland planning and management activities; (ii) research and development activities; (iii) a restoration activity; (iv) activities of the Heritage Program of the Forest Service; and (v) recreational services. (3)

Limitations

The Secretary may not enter into an agreement under paragraph (1)(A) that— (A) delegates any nondelegable function to an Indian Tribe or Tribal organization; (B) would make an Indian Tribe or Tribal organization reliant on a State Government for the receipt of funds or other resources necessary to carry out any term of the agreement; or (C) provides for the performance of an activity covered by a stewardship contract or other instrument such that the agreement would present a conflict with respect to National Forest System lands subject to the agreement. (b)

Request for agreement

To request to enter into an agreement under subsection (a)(1)(A), an Indian Tribe or Tribal organization shall submit to the Secretary a proposal at such time and in such manner as the Secretary may require, including— (1)a description of each activity that the Indian Tribe or Tribal organization proposes to carry out under the agreement; (2)an identification of the National Forest System lands on which such activities are proposed to be carried out; and (3)any other information the Secretary may require. (c)

Criteria for evaluating requested agreements

(1)

Required considerations

Before entering into an agreement under subsection (a)(1)(A), the Secretary shall consider— (A)the expected effects of the agreement on the interests of other Indian Tribes; and (B)with respect to lands described in subsection (a)(2)(A), any valid existing rights and permits— (i)of each Indian Tribe proposed to be subject to the agreement; (ii)of other Indian Tribes; (iii)of private parties; and (iv)of the Federal Government. (2)

Allowable evaluation and considerations

In determining whether to enter into an agreement under subsection (a)(1)(A), the Secretary may— (A)evaluate using a best-value basis the proposal submitted pursuant subsection (b) with respect to the agreement; and (B)give special consideration to factors implicated by such proposal and related to the Indian Tribe proposed to be subject to the agreement, including— (i)if applicable, the status of the Tribal organization that requested the agreement as a Tribal organization; (ii)the historical, cultural, and traditional affiliation of the Indian Tribe with the land proposed to be subject to the agreement; (iii)the features of the landscape of such land, including watersheds and vegetation types, that are expected to be affected if the proposal is carried out; (iv)with respect to the coordination of activities, the working relationship, if any, between the Indian Tribe or Tribal organization that submitted the proposal and the Forest Service; (v)access by members of the Indian Tribe proposed to be subject to the agreement to land proposed to be subject to the agreement; and (vi)the indigenous knowledge and skills of the Indian Tribe and members of the Indian Tribe. (d)

Notice of denial

Not later than 90 days after the Secretary denies a request by an Indian Tribe or a Tribal organization pursuant to subsection (b), the Secretary shall issue to the Indian Tribe or Tribal organization a notice of denial that includes— (1)an identification of each specific reason for the denial, including any criteria the Secretary considered pursuant to paragraphs (1) and (2) of subsection (c) that contributed to the denial; (2)an identification of the potential courses of action, if any, that the Indian Tribe or Tribal organization may take to overcome each such specific reason; and (3)a proposed schedule for communication with the Indian Tribe or Tribal organization to provide technical assistance to the Indian Tribe or Tribal organization to overcome each such specific reason. (e)

Payments to Indian Tribes or Tribal organizations

(1)

In general

In entering into an agreement under subsection (a)(1)(A)— (A)the Secretary may include terms and conditions with respect to payments to the Indian Tribe or Tribal organization party to the agreement for use carrying out the agreement; and (B)the Indian Tribe or Tribal organization may elect to receive any such payments on an annual or semi-annual basis. (2)

Source of funds

The Secretary shall— (A)in the case of an activity to be carried out pursuant to an agreement under subsection (a)(1)(A), from the amounts appropriated to carry out such activity, use the unobligated amounts to make a payment under paragraph (1) with respect to such activity; or (B)if no such amounts are available, use the amounts made available pursuant to subsection (m) to make such a payment. (3)

Transfer authority

Subsections (a) through (l) of section 408 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5368) shall apply to the Secretary of Agriculture with respect to an agreement under subsection (a)(1)(A) in the same manner as such subsections apply to the Secretary of the Interior with respect to a funding agreement. (4)

Reduction of paperwork burden

In carrying out this section, the Secretary shall, to the maximum extent practicable— (A)reduce the reporting burden on Indian Tribes and Tribal organizations that receive funding pursuant to an agreement under this section, including by limiting report frequency, consolidating reporting requirements, and reducing required information; and (B)establish such mechanisms as are necessary to protect Tribal data sovereignty. (f)

Review and modification of agreement

(1)

Periodic review

With respect to an agreement under subsection (a)(1)(A) that is effective for a period of not fewer than 5 years, the Secretary shall, in the fifth year after the agreement takes effect and every 5 years thereafter during such period— (A)review the terms of the agreement with each Indian Tribe or Tribal organization party to the agreement; and (B)offer to modify any such terms or terminate the agreement, as the Secretary and each such Indian Tribe or the Tribal organization determines appropriate based on such review. (2)

Review due to natural disaster

(A)

Request to review

Not later than 90 days after a natural disaster occurs on National Forest System lands subject to an agreement under subsection (a)(1)(A), the Indian Tribe or Tribal organization party to the agreement may submit a request to the Secretary to— (i) identify any activities that could be carried out by the Indian Tribe or Tribal organization, in cooperation with the Forest Service and under the agreement, in response to the natural disaster; and (ii)review the terms and conditions of the agreement to identify any modifications necessary to facilitate or authorize such activities. (B)

Review; modification

The Secretary shall respond to a request under subparagraph (A) not later than 60 days after receiving such request. (g)

Publication of activities

Not later than 1 year after the date of the enactment of this Act and every 3 years thereafter, the Secretary, in consultation with Indian Tribes, shall publish in the Federal Register a non-exhaustive list describing the activities of the Forest Service that may be eligible for inclusion in an agreement under subsection (a)(1)(A). (h)

Report

Not later than 1 year after the date of the enactment of this Act and every 3 years thereafter, the Secretary shall submit to the relevant Congressional Committees a report containing a description of any progress or accomplishments made during the period covered by the report— (1)with respect to the activities of the Forest Service described in subsection (a)(2); and (2)attributable to an agreement under subsection (a)(1)(A). (i)

Consultation

In carrying out this section, the Secretary shall consult with Indian Tribes to— (1)ensure that indigenous knowledge is— (A)when requested by an applicable Indian Tribe or Tribal organization thereof, integrated into decision-making processes related to the activities carried out under this section; and (B)when appropriate, considered best available science; and (2)ensure that appropriate safeguards exist to— (A)protect the integrity of indigenous knowledge; and (B)respect the data sovereignty of Indian Tribes in accordance with Tribal law. (j)

Federal Tort Claims Act applicability

While engaged in carrying out an activity of the Forest Service pursuant to an agreement with an Indian Tribe or Tribal organization under subsection (a)(1)(A), an employee of such Indian Tribe or Tribal organization shall be considered to be an employee of the Forest Service for purposes of chapter 171 of title 28, United States Code. (k)

FAR exemption

This Act, including any activity carried out pursuant to this section, is not subject to the requirements of the Federal Acquisition Regulation. (l)

Effect

Nothing in this section— (1)enlarges, establishes, or diminishes the current or future rights of any Indian Tribe; (2)reduces or supersedes any authority of an Indian Tribe to enter into agreements; (3)provides exclusive use of any area within National Forest System lands; (4)limits the Secretary from entering into a separate agreement with any other Indian Tribe, or Tribal organization thereof, with treaty rights or a recognized legal interest in National Forest System lands; or (5)affects the authority of the Secretary (as in effect on the date of the enactment of this Act) to, acting through the Chief of the Forest Service, enter into agreements to enable or accommodate Tribal activities on lands administered by the Forest Service, including the exercise of Tribal Treaty, reserved, retained, or other similar rights. (m)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $50,000,000 for the period of fiscal years 2026 through 2030, to remain available until expended. (n)

Definitions

In this section: (1)

Agreement

The term agreement includes a contract, compact, or any other similar mechanism. (2)

Indian Tribe

The term Indian Tribe has the meaning given the term under section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130). (3)

Indigenous knowledge

The term indigenous knowledge includes, with respect to biological, physical, social, cultural, or spiritual phenomena, a body of observations, oral knowledge, written knowledge, innovations, practices, and beliefs developed by an Indian Tribe and members of the Indian Tribe through experience and interactions with the environment. (4)

National Forest System

The term National Forest System has the meaning given such term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609). (5)

Natural disaster

The term natural disaster includes— (A)a wildfire, hurricane, typhoon, tornado, excessive wind, hail, landslide, mudslide, drought, freeze, ice storm, snowstorm, blizzard, excessive moisture, flood, earthquake, extreme temperature event, insect or pathogen infestation, and volcanic eruption or emission; and (B)any other natural hazard that result in severe property damage, death, or injury, as determined by the Secretary. (6)

Relevant Congressional Committees

The term relevant Congressional Committees means— (A)the Committees on Natural Resources and Agriculture of the House of Representatives; and (B)the Committees on Indian Affairs, Energy and Natural Resources, and Agriculture, Nutrition, and Forestry of the Senate. (7)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (8)

Tribal organization

The term Tribal organization means the recognized governing body of any Indian Tribe or any legally established organization of Indian Tribe members which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indian Tribe members in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant.