[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3014 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3014
To improve the management of Indian forest land, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2016
Mr. Daines introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To improve the management of Indian forest land, and for other
purposes.
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 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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