[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[House]
[Pages 13204-13205]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  TRIBAL FOREST PROTECTION ACT OF 2004

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3846) to authorize the Secretary of Agriculture and the 
Secretary of the Interior to enter into an agreement or contract with 
Indian Tribes meeting certain criteria to carry out projects to protect 
Indian forest land, as amended.
  The Clerk read as follows:

                               H.R. 3846

       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 Forest Protection Act 
     of 2004''.

     SEC. 2. TRIBAL FOREST ASSETS PROTECTION.

       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means--
       (A) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service; and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the 
     surface of which is administered by the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (2) Indian forest land or rangeland.--The term ``Indian 
     forest land or rangeland'' means land that--
       (A) is held in trust by, or with a restriction against 
     alienation by, the United States for an Indian tribe or a 
     member of an Indian tribe; and
       (B)(i)(I) is Indian forest land (as defined in section 304 
     of the National Indian Forest Resources Management Act (25 
     U.S.C. 3103)); or
       (II) has a cover of grasses, brush, or any similar 
     vegetation; or
       (ii) formerly had a forest cover or vegetative cover that 
     is capable of restoration.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (4) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to land 
     under the jurisdiction of the Forest Service; and
       (B) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Bureau of Land Management.
       (b) Authority to Protect Indian Forest Land or Rangeland.--
       (1) In general.--Not later than 120 days after the date on 
     which an Indian tribe submits to the Secretary a request to 
     enter into an agreement or contract to carry out a project to 
     protect Indian forest land or rangeland (including a project 
     to restore Federal land that borders on or is adjacent to 
     Indian forest land or rangeland) that meets the criteria 
     described in subsection (c), the Secretary may issue public 
     notice of initiation of any necessary environmental review or 
     of the potential of entering into an agreement or contract 
     with the Indian tribe pursuant to 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)), or such other authority as appropriate, under 
     which the Indian tribe would carry out activities described 
     in paragraph (3).

[[Page 13205]]

       (2) Environmental analysis.--Following completion of any 
     necessary environmental analysis, the Secretary may enter 
     into an agreement or contract with the Indian tribe as 
     described in paragraph (1).
       (3) Activities.--Under an agreement or contract entered 
     into under paragraph (2), the Indian tribe may carry out 
     activities to achieve land management goals for Federal land 
     that is--
       (A) under the jurisdiction of the Secretary; and
       (B) bordering or adjacent to the Indian forest land or 
     rangeland under the jurisdiction of the Indian tribe.
       (c) Selection Criteria.--The criteria referred to in 
     subsection (b), with respect to an Indian tribe, are 
     whether--
       (1) the Indian forest land or rangeland under the 
     jurisdiction of the Indian tribe borders on or is adjacent to 
     land under the jurisdiction of the Forest Service or the 
     Bureau of Land Management;
       (2) Forest Service or Bureau of Land Management land 
     bordering on or adjacent to the Indian forest land or 
     rangeland under the jurisdiction of the Indian tribe--
       (A) poses a fire, disease, or other threat to--
       (i) the Indian forest land or rangeland under the 
     jurisdiction of the Indian tribe; or
       (ii) a tribal community; or
       (B) is in need of land restoration activities;
       (3) the agreement or contracting activities applied for by 
     the Indian tribe are not already covered by a stewardship 
     contract or other instrument that would present a conflict on 
     the subject land; and
       (4) the Forest Service or Bureau of Land Management land 
     described in the application of the Indian tribe presents or 
     involves a feature or circumstance unique to that Indian 
     tribe (including treaty rights or biological, archaeological, 
     historical, or cultural circumstances).
       (d) Notice of Denial.--If the Secretary denies a tribal 
     request under subsection (b)(1), the Secretary may issue a 
     notice of denial to the Indian tribe, which--
       (1) identifies the specific factors that caused, and 
     explains the reasons that support, the denial;
       (2) identifies potential courses of action for overcoming 
     specific issues that led to the denial; and
       (3) proposes a schedule of consultation with the Indian 
     tribe for the purpose of developing a strategy for protecting 
     the Indian forest land or rangeland of the Indian tribe and 
     interests of the Indian tribe in Federal land.
       (e) Proposal Evaluation and Determination Factors.--In 
     entering into an agreement or contract in response to a 
     request of an Indian tribe under subsection (b)(1), the 
     Secretary may--
       (1) use a best-value basis; and
       (2) give specific consideration to tribally-related factors 
     in the proposal of the Indian tribe, including--
       (A) the status of the Indian tribe as an Indian tribe;
       (B) the trust status of the Indian forest land or rangeland 
     of the Indian tribe;
       (C) the cultural, traditional, and historical affiliation 
     of the Indian tribe with the land subject to the proposal;
       (D) the treaty rights or other reserved rights of the 
     Indian tribe relating to the land subject to the proposal;
       (E) the indigenous knowledge and skills of members of the 
     Indian tribe;
       (F) the features of the landscape of the land subject to 
     the proposal, including watersheds and vegetation types;
       (G) the working relationships between the Indian tribe and 
     Federal agencies in coordinating activities affecting the 
     land subject to the proposal; and
       (H) the access by members of the Indian tribe to the land 
     subject to the proposal.
       (f) No Effect on Existing Authority.--Nothing in this Act--
       (1) prohibits, restricts, or otherwise adversely affects 
     the participation of any Indian tribe in stewardship 
     agreements or contracting under the authority of 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)) or other authority invoked pursuant to this Act; 
     or
       (2) invalidates any agreement or contract under that 
     authority.
       (g) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes the Indian tribal requests received 
     and agreements or contracts that have been entered into under 
     this Act.

  The SPEAKER pro tempore (Mr. Terry). Pursuant to the rule, the 
gentleman from Nevada (Mr. Gibbons) and the gentleman from West 
Virginia (Mr. Rahall) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 3846, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3846 would authorize the Secretary of Agriculture 
and the Secretary of the Interior to enter into an agreement or 
contract with Indian tribes meeting certain criteria to carry out 
projects to protect Indian forest land.
  Last summer, reservations were invaded by catastrophic fires from 
adjacent Federal lands. In southern California, 11 reservations were 
burned, 2 completely, and a number of lives were tragically lost. After 
witnessing firsthand the horrible aftermath of these fires, the 
chairman of the Committee on Resources, the gentleman from California 
(Mr. Pombo), promised to develop and move legislation that would help 
tribes protect their Land.
  To follow through with that pledge, and in the spirit of bipartisan 
Healthy Forest Restoration Act, Senator Feinstein and the gentleman 
from California (Chairman Pombo) adopted and introduced the Tribal 
Forestry Protection Act. This legislation will provide a process 
whereby tribes can engage in projects on adjacent Forest Service and 
BLM lands to treat excessive fuels and engage in other restoration 
activities.
  By passing this legislation, Congress will be sending a strong and 
clear message to the agencies that tribes need to be an integral part 
of the thoughtful management of our Federal lands, for the betterment 
and safety of all.
  Mr. Speaker, I urge the adoption of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the pending measure has been adequately explained by the 
gentleman from Nevada. We have no objections to it on our side. In 
fact, I join in commending the gentleman from California (Chairman 
Pombo) of the Committee on Resources for his initiative in this matter. 
We support the legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  I thank my friend the gentleman from West Virginia, Mr. Rahall, for 
his support on this legislation and urge all Members to support this 
measure.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the bill, H.R. 3846, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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