[House Report 108-509]
[From the U.S. Government Publishing Office]



108th Congress                                            Rept. 108-509
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
=======================================================================


 
                  TRIBAL FOREST PROTECTION ACT OF 2004

                                _______
                                

  May 20, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3846]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3846) 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, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TRIBAL FOREST ASSETS PROTECTION.

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

                          PURPOSE OF THE BILL

    The purpose of H.R. 3846 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    In the summer of 2003, 18 Indian reservations were invaded 
by wildfire from adjacent federal lands. Eleven of the fires 
occurred in Southern California, burning over 30,000 acres, 
killing 10 people, and consuming 130 homes. Two reservations 
were burned entirely to the ground. Unfortunately, this was not 
a first-time occurrence for the tribes.
    In the past, several tribes have lost valuable land to 
wildfire that started on neighboring federal land. To help 
reduce the threat of future tragedies, the Tribal Forest 
Protection Act of 2004 sets up a process allowing Indian tribes 
to perform hazardous fuels reduction operations and other 
forest health projects on U.S. Forest Service and Bureau of 
Land Management lands adjacent to their own. This much-needed 
legislation is supported by the Intertribal Timber Council, 
Council of Energy Resource Tribes, Tule River Tribe of 
California, Viejas Band of Kumeyaay Indians of California, 
Mescalero Apache Nation of New Mexico, and the Jicarilla Apache 
Nation of New Mexico.

                            COMMITTEE ACTION

    H.R. 3846 was introduced on February 26, 2004, by Chairman 
Richard W. Pombo (R-CA). The bill was referred primarily to the 
Committee on Resources and additionally to the Committee on 
Agriculture. Within the Committee on Resources, the bill was 
referred to the Subcommittee on Forests and Forest Health and 
the Subcommittee on National Park, Recreation and Public Lands. 
On April 21, 2004, the Forests Subcommittee held a hearing on 
the bill. On May 5, 2005, the Resources Committee met to 
consider the bill. The two subcommittees were discharged from 
further consideration of the bill by unanimous consent. Mr. 
Pombo offered an amendment in the nature of a substitute making 
minor clarifying and technical changes. It was adopted by 
unanimous consent. The bill as amended was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 12, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3846, the Tribal 
Forest Protection Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3846--Tribal Forest Protection Act of 2004

    CBO estimates that H.R. 3846 would have no significant 
impact on the federal budget. The bill would not affect direct 
spending or revenues. H.R. 3846 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impost no costs on state, local, or tribal 
governments.
    H.R. 3846 would establish a process for the Secretaries of 
Agriculture and the Interior to enter into contracts or 
agreements with certain Indian tribes to carry out land 
management activities on federal lands adjacent to tribal 
forests or rangelands. The purpose of such projects would be to 
restore lands that pose a risk of fire, disease, or other 
threat to tribal lands. H.R. 3846 specifies criteria to be used 
by the secretaries in reviewing proposals from tribes.
    Based on information from the Forest Service and Bureau of 
Land Management, CBO estimates that implementing H.R. 3846 
would no significantly affect federal spending. Both agencies 
already work cooperatively with tribes to conduct land 
management projects on federal lands adjacent to tribal forests 
and rangelands. According to the agencies, the proposed changes 
to the process for selecting such projects would not 
significantly affect costs to implement them.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                        COMMITTEE CORRESPONDENCE

                          House of Representatives,
                                    Committee on Resources,
                                      Washington, DC, May 19, 2004.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture, House of Representatives, Longworth 
        House Office Building, Washington, DC.
    Dear Mr. Chairman: I request your assistance in expediting 
the consideration of four bills, all of which were referred 
primarily to the Committee on Resources and additionally to the 
Committee on Agriculture: H.R. 1014, the Gateway Communities 
Cooperation Act; H.R. 2966, the Right-to-Ride Livestock on 
Federal Lands Act of 2003; H.R. 3247, the TRAIL Act; and H.R. 
3846, the Tribal Forest Protection Act of 2004.
    The Committee on Resources ordered all the bills favorably 
reported with amendments on May 5, 2004, either by voice vote 
or unanimous consent. I have forwarded copies of the reported 
texts to your staff.
    Because of the limited number of days remaining in the 
108th Congress and the importance of these bills to the authors 
and our Nation, I ask you not to insist on your additional 
referrals of the bills and allow the Committee on Agriculture 
to be discharged so that they may be voted on when the House of 
Representatives returns from its Memorial Day district work 
period. Of course, by agreeing to this request, you are not 
waiving jurisdiction over the bills, nor is this action to be 
construed as a precedent for other, similar legislation. In 
addition, I would support a request from the Committee on 
Agriculture to be represented on any conference on H.R. 1014, 
H.R. 2966, H.R. 3247 or H.R. 3846 or companion Senate bills, 
should a conference become necessary. Finally, I would include 
this letter and any response you might have in the Committee on 
Resources' bill reports for the four bills.
    Thank you for your consideration of my request. I 
appreciate our continued excellent working relationship on 
forest issues and look forward to working with you again.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                      Washington, DC, May 20, 2004.
Hon. Richard Pombo,
Chairman, House Committee on Resources, Longworth House Office 
        Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your May 19, 2004 
correspondence regarding H.R. 1014, the Gateway Communities 
Cooperation Act; H.R. 3247, the TRAIL Act; and H.R. 3846, the 
Tribal Forest Protection Act of 2004. As you are aware, the 
Committee on Agriculture was granted an additional referral of 
all these pieces of legislation.
    Knowing of your interest in expediting this legislation, I 
will discharge H.R. 1014, H.R. 3247 and H.R. 3846 from further 
consideration by the Committee on Agriculture. I do so with the 
understanding that by discharging these bills the Committee on 
Agriculture does not waive any future jurisdictional claim over 
these or similar measures. In addition, in the event a 
conference with the Senate is requested on these matters, the 
Committee on Agriculture reserves the right to seek appointment 
of conferees, if it should become necessary.
    Thank you very much for your courtesy in this matter and I 
look forward to continued cooperation between our Committees as 
we deal with these issues in the future.
            Sincerely,
                                             Bob Goodlatte,
                                                          Chairman.