[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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