The Secretary of the Interior and the Secretary may carry out demonstration projects by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, and other functions of programs of 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. 5304 et seq.).
With respect to any contract or project carried out under subsection (a)-
(1) on National Forest System land, the Secretary shall carry out all functions delegated to the Secretary of the Interior under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.);
(2) the Secretary or the Secretary of the Interior, as applicable, shall make any decisions required to be made under-
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.); and
(3) the contract or project shall be entered into under, and in accordance with, section 403(b)(2) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5363(b)(2)).
(
The Tribal Forest Protection Act of 2004, referred to in subsecs. (a) and (b)(2)(B), is
The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a) and (b)(1), is
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(A), is
Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the National Indian Forest Resources Management Act which comprises this chapter.
"(1)
"(A)
"(i) 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
"(ii) 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.
"(B)
"(C)
"(i) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and
"(ii) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
"(D)
"(2)
"(3)
"(4)
"(A) containing such information as the Secretary may require; and
"(B) that includes a description of the demonstration project proposed to be carried out by the Indian tribe or tribal organization.
"(5)
"(A) take into consideration whether a proposed project would-
"(i) increase the availability or reliability of local or regional energy;
"(ii) enhance the economic development of the Indian tribe;
"(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
"(iv) improve the forest health or watersheds of Federal land or non-Federal land;
"(v) demonstrate new investments in infrastructure; or
"(vi) otherwise promote the use of woody biomass; and
"(B) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
"(6)
"(A) ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection [Dec. 18, 2018]; and
"(B) to the maximum extent practicable, consult with Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection.
"(7)
"(A) each individual application received under this subsection; and
"(B) each contract and agreement entered into pursuant to this subsection.
"(8)
"(A) shall be for a term of not more than 20 years; and
"(B) may be renewed in accordance with this subsection for not more than an additional 10 years."
"(a)
"(b)
"(c)
"(1) containing such information as the Secretary may require; and
"(2) that includes a description of-
"(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and
"(B) the demonstration project proposed to be carried out by the Indian tribe.
"(d)
"(1) take into consideration-
"(A) the factors set forth in paragraphs (1) and (2) of section 2(e) [25 U.S.C. 3115a(e)(1), (2)]; and
"(B) whether a proposed project would-
"(i) increase the availability or reliability of local or regional energy;
"(ii) enhance the economic development of the Indian tribe;
"(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
"(iv) improve the forest health or watersheds of Federal land or Indian forest land or rangeland;
"(v) demonstrate new investments in infrastructure; or
"(vi) otherwise promote the use of woody biomass; and
"(2) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
"(e)
"(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section [Dec. 18, 2018]; and
"(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.
"(f)
"(1) each individual tribal application received under this section; and
"(2) each contract and agreement entered into pursuant to this section.
"(g)
"(h)
"(1) shall be for a term of not more than 20 years; and
"(2) may be renewed in accordance with this section for not more than an additional 10 years."
[For definitions of terms used in section 3 of
"Secretary" as meaning the Secretary of Agriculture, see section 2 of