[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3294-S3296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. CANTWELL (for herself, Mr. Booker, and Mr. Schumer):
S. 2997. A bill to direct the Federal Communications Commission to
commence proceedings related to the resiliency of critical
telecommunications networks during times of emergency, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mr. BOOKER. Mr. President, I am pleased to have worked with Senator
Cantwell and Senator Schumer to introduce the SANDy Act today which
would provide much needed certainty and resiliency to our
communications networks during times of natural disaster or emergency.
Severe weather and emergencies can have devastating effects on
communities, as New Jersey knows all too well. In the aftermath of
Superstorm Sandy, we experienced loss in our communications networks
including phone and Internet services. Natural disasters are one of the
most important times to maintain access to 9-1-1 in order to obtain
lifesaving services.
Just this week, this legislation passed the House with overwhelming
bipartisan support, including from the New Jersey delegation led by
Congressman Pallone's efforts. I hope the Senate will now turn its
attention to this important matter and move this initiative forward to
the benefit of New Jerseyans and people across the country.
I am further pleased that phone service providers entered into a
voluntary agreement last month in order to provide service to consumers
during times of emergency, regardless of the network the consumer
subscribes to in that area.
The SANDy Act expresses the Sense of Congress that this agreement
should continue to be adhered to in order to best serve 9-1-1
professionals, first responders, and local governments in accessing
communications services during times of emergency.
Further, the legislation collects additional data on network security
during times of disaster and the resiliency of telecommunications
networks power utility during times of emergency. With additional
information and data, we can better prepare for disasters and ensure
our networks operate at the best of their ability when severe storms
strike.
Finally, the legislation provides authority to FEMA to reimburse
costs associated with restoring and repairing critical communications
services to first responders and communities.
[[Page S3295]]
The SANDy Act is an important step toward better protecting and
preserving vital communications networks when disaster strikes. I urge
my colleagues to support this legislation.
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By Mr. DAINES:
S. 3014. A bill to improve the management of Indian forest land, and
for other purposes; to the Committee on Indian Affairs.
Mr. DAINES. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3014
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Forestry
Participation and Protection Act of 2016''.
SEC. 2. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF
STEWARDSHIP END RESULT CONTRACTING AND OTHER
AUTHORITIES.
(a) Prompt Consideration of Tribal Requests.--Section 2(b)
of the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a(b)) is amended--
(1) in paragraph (1), by striking ``Not later than 120 days
after the date on which an Indian tribe submits to the
Secretary'' and inserting ``In response to the submission by
an Indian tribe to the Secretary of''; and
(2) by adding at the end the following:
``(4) Time periods for consideration.--
``(A) Initial response.--Not later than 90 days after the
date on which the Secretary receives a tribal request under
paragraph (1), the Secretary shall provide an initial
response to the Indian tribe regarding whether the request
may meet the selection criteria described in subsection (c).
``(B) Notice of denial.--A notice under subsection (d) of
the denial of a tribal request under paragraph (1) shall be
provided to the Indian tribe by not later than 1 year after
the date on which the Secretary receives the request.
``(C) Completion.--Not later than 2 years after the date on
which the Secretary receives a tribal request under paragraph
(1), other than a tribal request denied under subsection (d),
the Secretary shall--
``(i) complete all environmental reviews necessary in
connection with the agreement or contract and proposed
activities under the agreement or contract; and
``(ii) enter into the agreement or contract with the Indian
tribe in accordance with paragraph (2).''.
(b) Conforming and Technical Amendments.--Section 2 of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is
amended--
(1) in subsections (b)(1) and (f)(1), by striking ``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))'' each place it appears and inserting ``section
604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``subsection (b)(1), the Secretary may'' and
inserting ``paragraphs (1) and (4)(B) of subsection (b), the
Secretary shall''.
SEC. 3. PILOT AUTHORITY FOR RESTORATION OF FEDERAL FOREST
LAND BY INDIAN TRIBES.
(a) In General.--Section 305 of the National Indian Forest
Resources Management Act (25 U.S.C. 3104) is amended by
adding at the end the following:
``(c) Inclusion of Certain National Forest System Land and
Public Land.--
``(1) Purposes.--The purposes of this subsection are--
``(A) to maximize the effective management of Federal
forest land and to assist in the restoration of that land in
accordance with the principles of sustained yield; and
``(B) to reduce insect, disease, or wildfire risk to
communities, municipal water supplies, and other at-risk
Federal land by providing for the implementation by Indian
tribes of forest restoration projects.
``(2) Definitions.--In this subsection:
``(A) Federal forest land.--
``(i) In general.--The term `Federal forest land' means--
``(I) National Forest System land; and
``(II) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)), including--
``(aa) Coos Bay Wagon Road Grant land reconveyed to the
United States pursuant to the first section of the Act of
February 26, 1919 (40 Stat. 1179, chapter 47); and
``(bb) Oregon and California Railroad Grant land.
``(ii) Exclusions.--The term `Federal forest land' does not
include--
``(I) a component of the National Wilderness Preservation
System;
``(II) a component of the National Wild and Scenic Rivers
System;
``(III) a congressionally designated wilderness study area;
or
``(IV) an inventoried roadless area within the National
Forest System.
``(B) Forest land management activities.--The term `forest
land management activities' means activities performed in the
management of Indian forest land described in subparagraphs
(C), (D), and (E) of section 304(4).
``(C) Secretary concerned.--The term `Secretary concerned'
means--
``(i) the Secretary of Agriculture, with respect to the
Federal forest land referred to in subparagraph (A)(i)(I);
and
``(ii) the Secretary of the Interior, with respect to the
Federal forest land referred to in subparagraph (A)(i)(II).
``(3) Authority.--
``(A) In general.--At the request of an Indian tribe, the
Secretary concerned may treat Federal forest land as Indian
forest land for purposes of planning and conducting forest
land management activities under this section if the Federal
forest land is located within, or mostly within, a
geographical area that presents a feature or involves
circumstances principally relevant to that Indian tribe, such
as Federal forest land--
``(i) ceded to the United States by treaty or other
agreement with that Indian tribe;
``(ii) within the boundaries of a current or former
reservation of that Indian tribe; or
``(iii) adjudicated by the Indian Claims Commission or a
Federal court to be the tribal homeland of that Indian tribe.
``(B) Management.--Federal forest land treated as Indian
forest land for purposes of planning and conducting
management activities pursuant to subparagraph (A) shall--
``(i) be managed exclusively under this Act; and
``(ii) remain under the ownership of the Federal agency
that owned the Federal forest land on the day before the date
of enactment of this subsection.
``(4) Requirements.--As part of an agreement to treat
Federal forest land as Indian forest land under paragraph
(3), the Secretary concerned and the Indian tribe making the
request shall--
``(A) provide for continued public access and recreation
applicable to the Federal forest land as in existence prior
to the agreement, except that the Secretary concerned may
limit or prohibit that access only for the purpose of--
``(i) protecting human safety; or
``(ii) preventing harm to natural resources;
``(B) continue sharing revenue generated by the Federal
forest land with State and local governments on the terms
applicable to the Federal forest land prior to the agreement,
including, as applicable--
``(i) 25-percent payments under the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 7101
et seq.); or
``(ii) 50-percent payments under the Act of August 28, 1937
(43 U.S.C. 1181a et seq.);
``(C) comply with applicable prohibitions on the export of
unprocessed logs harvested from the Federal forest land;
``(D) recognize all right-of-way agreements in place on
Federal forest land as in existence prior to the commencement
of tribal management activities;
``(E) ensure that any county road within the Federal forest
land as in existence prior to the agreement is not adversely
impacted; and
``(F) ensure that all commercial timber removed from the
Federal forest land is sold on a competitive bid basis.
``(5) Prompt consideration of tribal requests.--Not later
than 180 days after the date on which the Secretary receives
a request from an Indian tribe under paragraph (3)(A), the
Secretary shall--
``(A) approve or deny the request; and
``(B) if the Secretary approves the request, begin
exercising the authority under that paragraph.
``(6) Consultation.--To the extent consistent with the laws
governing the administration of public lands (as defined in
section 103 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702)), the Secretary concerned shall consult
with each State and unit of local government within which
Federal forest land is located--
``(A) before entering into an agreement to treat the
Federal forest land as Indian forest land under paragraph
(3); and
``(B) with respect to an agreement described in
subparagraph (A), in planning and conducting forest land
management activities under this section.
``(7) Forest management plans.--All forest land management
activities under this subsection on National Forest System
land shall be consistent with the applicable forest plan.
``(8) Limitations.--The treatment of Federal forest land as
Indian forest land for purposes of planning and conducting
management activities pursuant to paragraph (3)--
``(A) shall not be considered to designate the Federal
forest land as Indian forest land for any other purpose; and
``(B) shall be in accordance with all relevant Federal laws
applicable to Federal forest land, including--
``(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
``(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
``(iv) the Clean Air Act (42 U.S.C. 7401 et seq.).
``(9) Applicability of nepa.--The execution of, but not the
decision to enter into, an agreement to treat Federal forest
land as Indian forest land under paragraph (3) shall
constitute a Federal action for purposes of
[[Page S3296]]
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(10) Termination of authority.--The authority provided by
this subsection terminates on the date that is 10 years after
the date of enactment of this subsection.''.
(b) Effect.--Nothing in this section or an amendment made
by this section--
(1) prohibits, restricts, or otherwise adversely affects
any permit, lease, or similar agreement in effect on or after
the date of enactment of this Act for the use of Federal land
for the purpose of recreation, utilities, logging, mining,
oil, gas, grazing, water rights, or any other purpose;
(2) negatively impacts private land; or
(3) prohibits, restricts, or otherwise adversely affects
the authority, jurisdiction, or responsibility of a State to
manage, control, or regulate under State law fish and
wildlife on land or in water in the State, including on
Federal public land.
SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
The Secretary of the Interior and the Secretary of
Agriculture may carry out demonstration projects pursuant to
which federally recognized Indian tribes or tribal
organizations may enter into contracts to carry out
administrative, management, and other functions under the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et
seq.), through contracts entered into under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
SEC. 5. FUNDING.
The Secretary of the Interior and the Secretary of
Agriculture shall use to carry out this Act and amendments
made by this Act such amounts as are necessary from other
amounts available to the Secretary of the Interior or the
Secretary of Agriculture, respectively, that are not
otherwise obligated.
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