PRIA, Government Policy, Made Personal

Summary

Allows Indian tribes to ask the federal government to make a deal or contract so the tribe can do projects to protect or restore tribal forest land or rangeland and nearby Federal land. "Federal land" means National Forest land run by the Forest Service and public land surfaces run by the Bureau of Land Management. "Indian forest land or rangeland" means trust or restricted land for a tribe or tribal member that is forest, grass or brush, or land that can be restored. "Secretary" means the Secretary of Agriculture for Forest Service land and the Secretary of the Interior for BLM land. Within 120 days after a tribe asks and meets the rules, the Secretary may announce an environmental review or the possible contract. After any needed environmental work, the Secretary can make an agreement so the tribe can do the work on federal land next to tribal land. The request must show the lands touch each other, that the federal land threatens tribal land or tribal communities or needs restoration, that no existing contract would conflict, and that the situation involves something unique to the tribe (like treaty, cultural, or biological reasons). If the request is denied, the Secretary may explain why, suggest how to fix problems, and plan consultations. The Secretary may pick the best-value proposal and must consider tribal status, trust status, cultural ties, treaty rights, tribal knowledge, landscape features, agency relationships, and tribal access. This law does not stop tribes from using existing stewardship authorities or cancel current agreements. A report to Congress was required within 4 years after July 22, 2004, listing requests and agreements.

Title 25, §3115a

Indians, Source: USLM XML via OLRC

(a)Definitions

In this Act:

(1)Federal land (2) Indian forest land or rangeland (3) Indian tribe

The term “Federal land” means—

(A)land of the National Forest System (as defined in section 1609(a) of title 16) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and

(B)public lands (as defined in section 1702 of title 43), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(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 (c) Selection criteria

(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.

(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 July 22, 2004, 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a), (f), and (g), is Pub. L. 108–278, July 22, 2004, 118 Stat. 868, which enacted this section and provisions set out as notes under section 3101 and 3115b of this title. section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in subsecs. (b)(1) and (f)(1), was section § 101(e) [title III, § 347] of Pub. L. 105–277, div. A, as amended, which was set out as a note under section 2104 of Title 16, Conservation, prior to repeal by Pub. L. 113–79, title VIII, § 8205(b), Feb. 7, 2014, 128 Stat. 921. Provisions similar to § 101(e) [title III, § 347] of Pub. L. 105–277, div. A, as amended, were enacted by Pub. L. 108–148, title VI, § 604, as added Pub. L. 113–79, title VIII, § 8205(a), Feb. 7, 2014, 128 Stat. 918 and are classified to section 6591c of Title 16, Conservation. Codification Section was enacted as part of the Tribal Forest Protection Act of 2004, and not as part of the National Indian Forest Resources Management Act which comprises this chapter.

Amendments

2018—Subsec. (a). Pub. L. 115–325 substituted “In this Act” for “In this section” in introductory provisions.

§3115a Tribal Forest Assets Protection