[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3295-S3296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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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