H.R. 3444

[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.
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