[108th Congress Public Law 278]
[From the U.S. Government Printing Office]


[DOCID: f:publ278.108]

[[Page 867]]

                  TRIBAL FOREST PROTECTION ACT OF 2004

[[Page 118 STAT. 868]]

Public Law 108-278
108th Congress

                                 An Act


 
   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. <<NOTE: July 22, 2004 -  [H.R. 3846]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Tribal 
Forest Protection Act of 2004. 25 USC 3101 note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Forest Protection Act of 
2004''.

SEC. 2. TRIBAL FOREST ASSETS PROTECTION. <<NOTE: 25 USC 3115a.>> 

    (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.

[[Page 118 STAT. 869]]

    (b) Authority to Protect Indian Forest Land or Rangeland.--
            (1) <<NOTE: Deadline.>> 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;

[[Page 118 STAT. 870]]

            (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

[[Page 118 STAT. 871]]

describes the Indian tribal requests received and agreements or 
contracts that have been entered into under this Act.

    Approved July 22, 2004.

LEGISLATIVE HISTORY--H.R. 3846:
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HOUSE REPORTS: No. 108-509, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 21, considered and passed House.
            June 25, considered and passed Senate.

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