[House Report 108-509]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-509
HOUSE OF REPRESENTATIVES
2d Session Part 1
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TRIBAL FOREST PROTECTION ACT OF 2004
_______
May 20, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3846]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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).
(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.
PURPOSE OF THE BILL
The purpose of H.R. 3846 is 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.
BACKGROUND AND NEED FOR LEGISLATION
In the summer of 2003, 18 Indian reservations were invaded
by wildfire from adjacent federal lands. Eleven of the fires
occurred in Southern California, burning over 30,000 acres,
killing 10 people, and consuming 130 homes. Two reservations
were burned entirely to the ground. Unfortunately, this was not
a first-time occurrence for the tribes.
In the past, several tribes have lost valuable land to
wildfire that started on neighboring federal land. To help
reduce the threat of future tragedies, the Tribal Forest
Protection Act of 2004 sets up a process allowing Indian tribes
to perform hazardous fuels reduction operations and other
forest health projects on U.S. Forest Service and Bureau of
Land Management lands adjacent to their own. This much-needed
legislation is supported by the Intertribal Timber Council,
Council of Energy Resource Tribes, Tule River Tribe of
California, Viejas Band of Kumeyaay Indians of California,
Mescalero Apache Nation of New Mexico, and the Jicarilla Apache
Nation of New Mexico.
COMMITTEE ACTION
H.R. 3846 was introduced on February 26, 2004, by Chairman
Richard W. Pombo (R-CA). The bill was referred primarily to the
Committee on Resources and additionally to the Committee on
Agriculture. Within the Committee on Resources, the bill was
referred to the Subcommittee on Forests and Forest Health and
the Subcommittee on National Park, Recreation and Public Lands.
On April 21, 2004, the Forests Subcommittee held a hearing on
the bill. On May 5, 2005, the Resources Committee met to
consider the bill. The two subcommittees were discharged from
further consideration of the bill by unanimous consent. Mr.
Pombo offered an amendment in the nature of a substitute making
minor clarifying and technical changes. It was adopted by
unanimous consent. The bill as amended was then ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 12, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3846, the Tribal
Forest Protection Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 3846--Tribal Forest Protection Act of 2004
CBO estimates that H.R. 3846 would have no significant
impact on the federal budget. The bill would not affect direct
spending or revenues. H.R. 3846 contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impost no costs on state, local, or tribal
governments.
H.R. 3846 would establish a process for the Secretaries of
Agriculture and the Interior to enter into contracts or
agreements with certain Indian tribes to carry out land
management activities on federal lands adjacent to tribal
forests or rangelands. The purpose of such projects would be to
restore lands that pose a risk of fire, disease, or other
threat to tribal lands. H.R. 3846 specifies criteria to be used
by the secretaries in reviewing proposals from tribes.
Based on information from the Forest Service and Bureau of
Land Management, CBO estimates that implementing H.R. 3846
would no significantly affect federal spending. Both agencies
already work cooperatively with tribes to conduct land
management projects on federal lands adjacent to tribal forests
and rangelands. According to the agencies, the proposed changes
to the process for selecting such projects would not
significantly affect costs to implement them.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
COMMITTEE CORRESPONDENCE
House of Representatives,
Committee on Resources,
Washington, DC, May 19, 2004.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture, House of Representatives, Longworth
House Office Building, Washington, DC.
Dear Mr. Chairman: I request your assistance in expediting
the consideration of four bills, all of which were referred
primarily to the Committee on Resources and additionally to the
Committee on Agriculture: H.R. 1014, the Gateway Communities
Cooperation Act; H.R. 2966, the Right-to-Ride Livestock on
Federal Lands Act of 2003; H.R. 3247, the TRAIL Act; and H.R.
3846, the Tribal Forest Protection Act of 2004.
The Committee on Resources ordered all the bills favorably
reported with amendments on May 5, 2004, either by voice vote
or unanimous consent. I have forwarded copies of the reported
texts to your staff.
Because of the limited number of days remaining in the
108th Congress and the importance of these bills to the authors
and our Nation, I ask you not to insist on your additional
referrals of the bills and allow the Committee on Agriculture
to be discharged so that they may be voted on when the House of
Representatives returns from its Memorial Day district work
period. Of course, by agreeing to this request, you are not
waiving jurisdiction over the bills, nor is this action to be
construed as a precedent for other, similar legislation. In
addition, I would support a request from the Committee on
Agriculture to be represented on any conference on H.R. 1014,
H.R. 2966, H.R. 3247 or H.R. 3846 or companion Senate bills,
should a conference become necessary. Finally, I would include
this letter and any response you might have in the Committee on
Resources' bill reports for the four bills.
Thank you for your consideration of my request. I
appreciate our continued excellent working relationship on
forest issues and look forward to working with you again.
Sincerely,
Richard W. Pombo,
Chairman.
------
House of Representatives,
Committee on Agriculture,
Washington, DC, May 20, 2004.
Hon. Richard Pombo,
Chairman, House Committee on Resources, Longworth House Office
Building, Washington, DC.
Dear Mr. Chairman: Thank you for your May 19, 2004
correspondence regarding H.R. 1014, the Gateway Communities
Cooperation Act; H.R. 3247, the TRAIL Act; and H.R. 3846, the
Tribal Forest Protection Act of 2004. As you are aware, the
Committee on Agriculture was granted an additional referral of
all these pieces of legislation.
Knowing of your interest in expediting this legislation, I
will discharge H.R. 1014, H.R. 3247 and H.R. 3846 from further
consideration by the Committee on Agriculture. I do so with the
understanding that by discharging these bills the Committee on
Agriculture does not waive any future jurisdictional claim over
these or similar measures. In addition, in the event a
conference with the Senate is requested on these matters, the
Committee on Agriculture reserves the right to seek appointment
of conferees, if it should become necessary.
Thank you very much for your courtesy in this matter and I
look forward to continued cooperation between our Committees as
we deal with these issues in the future.
Sincerely,
Bob Goodlatte,
Chairman.