25 U.S.C. § 3115a — Tribal forest assets protection

Page 555 TITLE 25—INDIANS § 3115a 1 So in original. Probably should be ‘‘sections’’. ing of Bureau of Indian Affairs, Alaska Native, and Indian forestry personnel. Such program shall provide for— (1) orientation training for Bureau of Indian Affairs forestry personnel in tribal-Federal re- lations and responsibilities; (2) continuing technical forestry education for Bureau of Indian Affairs, Alaska Native, and tribal forestry personnel; and (3) developmental training of Indian and Alaska Native personnel in forest land based enterprises and marketing. (Pub. L. 101–630, title III, § 315, Nov. 28, 1990, 104 Stat. 4542.) § 3115. Cooperative agreement between Depart- ment of the Interior and Indian tribes (a) Cooperative agreements (1) To facilitate the administration of the pro- grams and activities of the Department of the Interior, the Secretary is authorized to nego- tiate and enter into cooperative agreements with Indian tribes to— (A) engage in cooperative manpower and job training and development programs, (B) to develop and publish cooperative envi- ronmental education and natural resource planning materials, and (C) to perform land and facility improve- ments, including forestry and other natural resources protection, fire protection, reforest- ation, timber stand improvement, debris re- moval, and other activities related to land and natural resource management. The Secretary may enter into such agreements when the Secretary determines the public inter- est will be benefited. (2) In such cooperative agreements, the Sec- retary is authorized to advance or reimburse funds to contractors from any appropriated funds available for similar kinds of work or by furnishing or sharing materials, supplies, facili- ties or equipment without regard to the provi- sions of section 3324, title 31, relating to the ad- vance of public moneys. (b) Supervision In any agreement authorized by this section, Indian tribes and their employees may perform cooperative work under the supervision of the Department of the Interior in emergencies or otherwise as mutually agreed to, but shall not be deemed to be Federal employees other than for purposes of section 1 2671 through 2680 of title 28 and section 1 8101 through 8193 of title 5. (c) Savings provision Nothing in this chapter shall be construed to limit the authority of the Secretary to enter into cooperative agreements otherwise author- ized by law. (Pub. L. 101–630, title III, § 316, Nov. 28, 1990, 104 Stat. 4543.) § 3115a. Tribal forest assets protection (a) Definitions In this Act: (1) Federal land The term ‘‘Federal land’’ means— (A) land of the National Forest System (as defined in section 1609(a) of title 16) adminis- tered 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 adminis- tered 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 restric- tion 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 3103 of this title); or (II) has a cover of grasses, brush, or any similar vegetation; or (ii) formerly had a forest cover or vegeta- tive cover that is capable of restoration. (3) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of this title. (4) Secretary The term ‘‘Secretary’’ means— (A) the Secretary of Agriculture, with re- spect to land under the jurisdiction of the Forest Service; and (B) the Secretary of the Interior, with re- spect 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 Sec- retary a request to enter into an agreement or contract to carry out a project to protect In- dian forest land or rangeland (including a project to restore Federal land that borders on or is adjacent to Indian forest land or range- land) that meets the criteria described in sub- section (c), the Secretary may issue public no- tice of initiation of any necessary environ- mental review or of the potential of entering into an agreement or contract with the Indian tribe pursuant to section 347 of the Depart- ment of the Interior and Related Agencies Ap- propriations 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 envi- ronmental 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 Page 556 TITLE 25—INDIANS § 3115b carry out activities to achieve land manage- ment goals for Federal land that is— (A) under the jurisdiction of the Secretary; and (B) bordering or adjacent to the Indian for- est 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 Man- agement; (2) Forest Service or Bureau of Land Man- agement land bordering on or adjacent to the Indian forest land or rangeland under the ju- risdiction 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 activi- ties; (3) the agreement or contracting activities applied for by the Indian tribe are not already covered by a stewardship contract or other in- strument 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 fea- ture or circumstance unique to that Indian tribe (including treaty rights or biological, ar- chaeological, historical, or cultural cir- cumstances). (d) Notice of denial If the Secretary denies a tribal request under subsection (b)(1), the Secretary may issue a no- tice of denial to the Indian tribe, which— (1) identifies the specific factors that caused, and explains the reasons that support, the de- nial; (2) identifies potential courses of action for overcoming specific issues that led to the de- nial; 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 in- terests of the Indian tribe in Federal land. (e) Proposal evaluation and determination fac- tors 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-re- lated factors in the proposal of the Indian tribe, including— (A) the status of the Indian tribe as an In- dian 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 wa- tersheds and vegetation types; (G) the working relationships between the Indian tribe and Federal agencies in coordi- nating 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 ad- versely affects the participation of any Indian tribe in stewardship agreements or con- tracting 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 pur- suant 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. (Pub. L. 108–278, § 2, July 22, 2004, 118 Stat. 868; Pub. L. 115–325, title II, § 202(b)(1), Dec. 18, 2018, 132 Stat. 4459.) 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 en- acted this section and provisions set out as notes under sections 3101 and 3115b of this title. Section 347 of the Department of the Interior and Re- lated 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, Con- servation, 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 Pro- tection Act of 2004, and not as part of the National In- dian Forest Resources Management Act which com- prises this chapter. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–325 substituted ‘‘In this Act’’ for ‘‘In this section’’ in introductory provisions. § 3115b. Tribal forest management demonstration project (a) In general The Secretary of the Interior and the Sec- retary may carry out demonstration projects by