Sec. 25006. Tribal biomass demonstration project
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The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 ( 25 U.S.C. 3115a ) the following: For each of fiscal years 2014 through 2018, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land.
The definitions in section 2 shall apply to this section. In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection
(a)to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application— containing such information as the Secretary may require; and that includes a description of— the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and the demonstration project proposed to be carried out by the Indian tribe. In evaluating the applications submitted under subsection (c), the Secretary— shall take into consideration the factors set forth in paragraphs
(1)and
(2)of section 2(e) of Public Law 108–278 ; and whether a proposed demonstration project would— increase the availability or reliability of local or regional energy; enhance the economic development of the Indian tribe; improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or otherwise promote the use of woody biomass; and shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. The Secretary shall— 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; and 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. Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— each individual tribal application received under this section; and each contract and agreement entered into pursuant to this section. In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. A stewardship contract or other agreement entered into under this section— shall be for a term of not more than 20 years; and may be renewed in accordance with this section for not more than an additional 10 years. .
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- Pub. L. 108-278
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