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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3444 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3444
To direct Federal land management agencies of the Department of the
Interior to establish Tribal Co-Management Plans and to authorize the
Secretary of Agriculture to enter into agreements with Indian Tribes
and Tribal organizations for the performance of certain activities of
the Forest Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2025
Mr. Huffman (for himself, Ms. Leger Fernandez, Mr. Neguse, Ms. Hoyle of
Oregon, Ms. Ansari, Ms. Dexter, and Ms. Elfreth) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct Federal land management agencies of the Department of the
Interior to establish Tribal Co-Management Plans and to authorize the
Secretary of Agriculture to enter into agreements with Indian Tribes
and Tribal organizations for the performance of certain activities of
the Forest Service, 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 Self-Determination and Co-
Management in Forestry Act of 2025''.
SEC. 2. TRIBAL CO-MANAGEMENT PLANS OF THE DEPARTMENT OF THE INTERIOR.
(a) In General.--Except as provided in subsection (c), not later
than 1 year after the date of enactment of this Act, the head of each
Federal land management agency, in consultation with the Secretary of
the Interior and the Tribal Advisory Committee, shall develop a plan,
to be known as the ``Tribal Co-Management Plan'' of the agency, that
includes any activity (including a permissive activity), service, or
function (including the management decisions related to such activity,
service, or function) of the Federal land management agency that--
(1) is to be carried out on lands administered by the
Federal land management agency that the Secretary determines
are in need of such activity (including restoration activity),
service, or function;
(2) is consistent with each land management plan of the
Federal land management agency;
(3) is to be carried out on land that the Secretary, in
consultation with each applicable Indian Tribe, identifies as
being historically, culturally, or geographically related to
such Indian Tribe; and
(4) is to be carried out in accordance with applicable
laws, including environmental laws and regulations.
(b) Existing Tribal Co-Management Plans.--If a plan substantially
similar to a plan required under subsection (a) already exists within a
Federal land management agency, then not later than 120 days after the
date of enactment of this Act, the head of the Federal land management
agency shall--
(1) adopt such plan as the Tribal Co-Management Plan of the
agency; and
(2) update the plan as necessary to limit, to the maximum
extent practicable, any administrative burden such plan may
place on Indian Tribes.
(c) Definitions.--In this section:
(1) Federal land management agency.--The term ``Federal
land management agency'' means--
(A) the Bureau of Land Management;
(B) the United States Fish and Wildlife Service;
(C) the National Park Service; and
(D) the Bureau of Indian Affairs.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term under section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(3) Permissive activity.--The term ``permissive activity''
includes--
(A) forest and grassland planning and management
activities;
(B) research and development activities;
(C) a restoration activity; and
(D) recreational services.
(4) Tribal advisory committee.--The term ``Tribal Advisory
Committee'' means Secretary's Tribal Advisory Committee of the
Department of the Interior (chartered on November 11, 2021).
SEC. 3. TRIBAL CO-MANAGEMENT TRAINING.
(a) Training.--The Secretary of the Interior shall ensure that each
employee of the Department of the Interior who is involved in
developing and carrying out a Tribal Co-Management Plan established
under section 2 receives such training as the Secretary determines
necessary to--
(1) train the employee to incorporate indigenous knowledge
and practices into the execution of the plan;
(2) educate the employee on the Tribal history of each area
in which a project on which the employee is expect to work and
which is approved to be carried out in accordance with the plan
is located; and
(3) provide the employee with a general understanding of
the trust relationship between the United States (including all
agencies of the Federal Government) and Indian Tribes.
(b) Consultation.--In carrying out this section, the Secretary is
authorized to consult with Indian Tribes.
(c) Indian Tribe Defined.--In this section, the term ``Indian
Tribe'' has the meaning given the term under section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
SEC. 4. AUTHORITY TO ENTER INTO AGREEMENTS WITH INDIAN TRIBES AND
TRIBAL ORGANIZATIONS TO CARRY OUT CERTAIN FOREST SERVICE
ACTIVITIES.
(a) Authority To Enter Into Agreements With Indian Tribes and
Tribal Organizations.--
(1) Authority to enter into agreements.--
(A) In general.--Subject to subparagraph (B) and
paragraph (3), the Secretary may enter into agreements
with an Indian Tribe or Tribal organization for the
performance of activities of the Forest Service
described in paragraph (2).
(B) Minimum number of agreements.--During the 4-
year period beginning on the date of the enactment of
this Act, the Secretary shall enter into at least 5
agreements under subparagraph (A).
(C) Agreement and contract authority.--The
Secretary may carry out subparagraph (A)--
(i) through an agreement pursuant to this
section;
(ii) through a contract entered into under
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304 et seq.) in a
substantially similar manner as a contract
entered into pursuant to section 8703 of the
Agriculture Improvement Act of 2018 (25 U.S.C.
3115b); or
(iii) through any other agreement authority
provided to the Secretary under Federal law or
regulations.
(2) Allowable activities.--
(A) In general.--An activity described in this
paragraph is any activity (including a permissive
activity), service, or function (including the
management decisions related to such activity, service,
or function) of the Forest Service that--
(i) is carried out on National Forest
System lands that the Secretary determines are
in need of such activity (including restoration
activity), service, or function;
(ii) is consistent with each land
management plan applicable to such National
Forest System lands;
(iii) is carried out on land that the
Secretary, in consultation with each applicable
Indian Tribe, identifies as being historically,
culturally, or geographically related to such
Indian Tribe; and
(iv) is carried out in accordance with
applicable laws, including environmental laws
and regulations.
(B) Permissive activity.--For purposes of
subparagraph (A), the term ``permissive activity''
includes--
(i) forest and grassland planning and
management activities;
(ii) research and development activities;
(iii) a restoration activity;
(iv) activities of the Heritage Program of
the Forest Service; and
(v) recreational services.
(3) Limitations.--The Secretary may not enter into an
agreement under paragraph (1)(A) that--
(A) delegates any nondelegable function to an
Indian Tribe or Tribal organization;
(B) would make an Indian Tribe or Tribal
organization reliant on a State Government for the
receipt of funds or other resources necessary to carry
out any term of the agreement; or
(C) provides for the performance of an activity
covered by a stewardship contract or other instrument
such that the agreement would present a conflict with
respect to National Forest System lands subject to the
agreement.
(b) Request for Agreement.--To request to enter into an agreement
under subsection (a)(1)(A), an Indian Tribe or Tribal organization
shall submit to the Secretary a proposal at such time and in such
manner as the Secretary may require, including--
(1) a description of each activity that the Indian Tribe or
Tribal organization proposes to carry out under the agreement;
(2) an identification of the National Forest System lands
on which such activities are proposed to be carried out; and
(3) any other information the Secretary may require.
(c) Criteria for Evaluating Requested Agreements.--
(1) Required considerations.--Before entering into an
agreement under subsection (a)(1)(A), the Secretary shall
consider--
(A) the expected effects of the agreement on the
interests of other Indian Tribes; and
(B) with respect to lands described in subsection
(a)(2)(A), any valid existing rights and permits--
(i) of each Indian Tribe proposed to be
subject to the agreement;
(ii) of other Indian Tribes;
(iii) of private parties; and
(iv) of the Federal Government.
(2) Allowable evaluation and considerations.--In
determining whether to enter into an agreement under subsection
(a)(1)(A), the Secretary may--
(A) evaluate using a best-value basis the proposal
submitted pursuant subsection (b) with respect to the
agreement; and
(B) give special consideration to factors
implicated by such proposal and related to the Indian
Tribe proposed to be subject to the agreement,
including--
(i) if applicable, the status of the Tribal
organization that requested the agreement as a
Tribal organization;
(ii) the historical, cultural, and
traditional affiliation of the Indian Tribe
with the land proposed to be subject to the
agreement;
(iii) the features of the landscape of such
land, including watersheds and vegetation
types, that are expected to be affected if the
proposal is carried out;
(iv) with respect to the coordination of
activities, the working relationship, if any,
between the Indian Tribe or Tribal organization
that submitted the proposal and the Forest
Service;
(v) access by members of the Indian Tribe
proposed to be subject to the agreement to land
proposed to be subject to the agreement; and
(vi) the indigenous knowledge and skills of
the Indian Tribe and members of the Indian
Tribe.
(d) Notice of Denial.--Not later than 90 days after the Secretary
denies a request by an Indian Tribe or a Tribal organization pursuant
to subsection (b), the Secretary shall issue to the Indian Tribe or
Tribal organization a notice of denial that includes--
(1) an identification of each specific reason for the
denial, including any criteria the Secretary considered
pursuant to paragraphs (1) and (2) of subsection (c) that
contributed to the denial;
(2) an identification of the potential courses of action,
if any, that the Indian Tribe or Tribal organization may take
to overcome each such specific reason; and
(3) a proposed schedule for communication with the Indian
Tribe or Tribal organization to provide technical assistance to
the Indian Tribe or Tribal organization to overcome each such
specific reason.
(e) Payments to Indian Tribes or Tribal Organizations.--
(1) In general.--In entering into an agreement under
subsection (a)(1)(A)--
(A) the Secretary may include terms and conditions
with respect to payments to the Indian Tribe or Tribal
organization party to the agreement for use carrying
out the agreement; and
(B) the Indian Tribe or Tribal organization may
elect to receive any such payments on an annual or
semi-annual basis.
(2) Source of funds.--The Secretary shall--
(A) in the case of an activity to be carried out
pursuant to an agreement under subsection (a)(1)(A),
from the amounts appropriated to carry out such
activity, use the unobligated amounts to make a payment
under paragraph (1) with respect to such activity; or
(B) if no such amounts are available, use the
amounts made available pursuant to subsection (m) to
make such a payment.
(3) Transfer authority.--Subsections (a) through (l) of
section 408 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5368) shall apply to the Secretary of
Agriculture with respect to an agreement under subsection
(a)(1)(A) in the same manner as such subsections apply to the
Secretary of the Interior with respect to a funding agreement.
(4) Reduction of paperwork burden.--In carrying out this
section, the Secretary shall, to the maximum extent
practicable--
(A) reduce the reporting burden on Indian Tribes
and Tribal organizations that receive funding pursuant
to an agreement under this section, including by
limiting report frequency, consolidating reporting
requirements, and reducing required information; and
(B) establish such mechanisms as are necessary to
protect Tribal data sovereignty.
(f) Review and Modification of Agreement.--
(1) Periodic review.--With respect to an agreement under
subsection (a)(1)(A) that is effective for a period of not
fewer than 5 years, the Secretary shall, in the fifth year
after the agreement takes effect and every 5 years thereafter
during such period--
(A) review the terms of the agreement with each
Indian Tribe or Tribal organization party to the
agreement; and
(B) offer to modify any such terms or terminate the
agreement, as the Secretary and each such Indian Tribe
or the Tribal organization determines appropriate based
on such review.
(2) Review due to natural disaster.--
(A) Request to review.--Not later than 90 days
after a natural disaster occurs on National Forest
System lands subject to an agreement under subsection
(a)(1)(A), the Indian Tribe or Tribal organization
party to the agreement may submit a request to the
Secretary to--
(i) identify any activities that could be
carried out by the Indian Tribe or Tribal
organization, in cooperation with the Forest
Service and under the agreement, in response to
the natural disaster; and
(ii) review the terms and conditions of the
agreement to identify any modifications
necessary to facilitate or authorize such
activities.
(B) Review; modification.--The Secretary shall
respond to a request under subparagraph (A) not later
than 60 days after receiving such request.
(g) Publication of Activities.--Not later than 1 year after the
date of the enactment of this Act and every 3 years thereafter, the
Secretary, in consultation with Indian Tribes, shall publish in the
Federal Register a non-exhaustive list describing the activities of the
Forest Service that may be eligible for inclusion in an agreement under
subsection (a)(1)(A).
(h) Report.--Not later than 1 year after the date of the enactment
of this Act and every 3 years thereafter, the Secretary shall submit to
the relevant Congressional Committees a report containing a description
of any progress or accomplishments made during the period covered by
the report--
(1) with respect to the activities of the Forest Service
described in subsection (a)(2); and
(2) attributable to an agreement under subsection
(a)(1)(A).
(i) Consultation.--In carrying out this section, the Secretary
shall consult with Indian Tribes to--
(1) ensure that indigenous knowledge is--
(A) when requested by an applicable Indian Tribe or
Tribal organization thereof, integrated into decision-
making processes related to the activities carried out
under this section; and
(B) when appropriate, considered best available
science; and
(2) ensure that appropriate safeguards exist to--
(A) protect the integrity of indigenous knowledge;
and
(B) respect the data sovereignty of Indian Tribes
in accordance with Tribal law.
(j) Federal Tort Claims Act Applicability.--While engaged in
carrying out an activity of the Forest Service pursuant to an agreement
with an Indian Tribe or Tribal organization under subsection (a)(1)(A),
an employee of such Indian Tribe or Tribal organization shall be
considered to be an employee of the Forest Service for purposes of
chapter 171 of title 28, United States Code.
(k) FAR Exemption.--This Act, including any activity carried out
pursuant to this section, is not subject to the requirements of the
Federal Acquisition Regulation.
(l) Effect.--Nothing in this section--
(1) enlarges, establishes, or diminishes the current or
future rights of any Indian Tribe;
(2) reduces or supersedes any authority of an Indian Tribe
to enter into agreements;
(3) provides exclusive use of any area within National
Forest System lands;
(4) limits the Secretary from entering into a separate
agreement with any other Indian Tribe, or Tribal organization
thereof, with treaty rights or a recognized legal interest in
National Forest System lands; or
(5) affects the authority of the Secretary (as in effect on
the date of the enactment of this Act) to, acting through the
Chief of the Forest Service, enter into agreements to enable or
accommodate Tribal activities on lands administered by the
Forest Service, including the exercise of Tribal Treaty,
reserved, retained, or other similar rights.
(m) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for the period of
fiscal years 2026 through 2030, to remain available until expended.
(n) Definitions.--In this section:
(1) Agreement.--The term ``agreement'' includes a contract,
compact, or any other similar mechanism.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term under section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(3) Indigenous knowledge.--The term ``indigenous
knowledge'' includes, with respect to biological, physical,
social, cultural, or spiritual phenomena, a body of
observations, oral knowledge, written knowledge, innovations,
practices, and beliefs developed by an Indian Tribe and members
of the Indian Tribe through experience and interactions with
the environment.
(4) National forest system.--The term ``National Forest
System'' has the meaning given such term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609).
(5) Natural disaster.--The term ``natural disaster''
includes--
(A) a wildfire, hurricane, typhoon, tornado,
excessive wind, hail, landslide, mudslide, drought,
freeze, ice storm, snowstorm, blizzard, excessive
moisture, flood, earthquake, extreme temperature event,
insect or pathogen infestation, and volcanic eruption
or emission; and
(B) any other natural hazard that result in severe
property damage, death, or injury, as determined by the
Secretary.
(6) Relevant congressional committees.--The term ``relevant
Congressional Committees'' means--
(A) the Committees on Natural Resources and
Agriculture of the House of Representatives; and
(B) the Committees on Indian Affairs, Energy and
Natural Resources, and Agriculture, Nutrition, and
Forestry of the Senate.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(8) Tribal organization.--The term ``Tribal organization''
means the recognized governing body of any Indian Tribe or any
legally established organization of Indian Tribe members which
is controlled, sanctioned, or chartered by such governing body
or which is democratically elected by the adult members of the
Indian community to be served by such organization and which
includes the maximum participation of Indian Tribe members in
all phases of its activities: Provided, That in any case where
a contract is let or grant made to an organization to perform
services benefitting more than one Indian Tribe, the approval
of each such Indian Tribe shall be a prerequisite to the
letting or making of such contract or grant.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Federal Lands.
Subcommittee Hearings Held
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