Sec. 202. Tribal biomass demonstration project
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The purpose of this section is to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production. The Tribal Forest Protection Act of 2004 ( Public Law 108–278 ; 118 Stat. 868) is amended— in section 2(a), by striking In this section and inserting In this Act ; and by adding at the end the following: For each of fiscal years 2015 through 2019, the Secretary shall enter into stewardship contracts or similar agreements (excluding 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.
In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection
(c)shall be carried out under contracts or agreements described in subsection (a). To be eligible to enter into a contract or agreement under this section, 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); and whether a proposed project would— increase the availability or reliability of local or regional energy; enhance the economic development of the Indian tribe; result in or 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; demonstrate new investments in infrastructure; or otherwise promote the use of woody biomass; and 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, 2017, 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 maximum 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 contract or 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. . In this subsection: The term Alaska Native corporation has the meaning given the term Native Corporation in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). The term Federal land means— 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 public lands (as defined in section 103 of the Federal Land Policy 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. The term forest land means land that— is conveyed to an Alaska Native corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and is considered chiefly valuable for the production of forest products or to maintain watershed or other land values enhanced by a forest cover (including commercial and noncommercial timberland and woodland), regardless of whether a formal inspection and land classification action has been taken; or formerly had a forest or vegetative cover that is capable of restoration. The term Secretary means— the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. For each of fiscal years 2015 through 2019, the Secretary shall enter into a stewardship contract or similar agreement (excluding a direct service contract) with 1 or more Alaska Native corporations to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) on forest land of the Alaska Native corporations and in nearby communities by providing reliable supplies of woody biomass from Federal land. In each fiscal year for which projects are authorized, at least 1 new demonstration project that meets the eligibility criteria described in paragraph
(4)shall be carried out under contracts or agreements described in paragraph (2). To be eligible to enter into a contract or agreement under this subsection, an Alaska Native corporation shall submit to the Secretary an application— containing such information as the Secretary may require; and that includes a description of— the forest land or rangeland under the jurisdiction of the Alaska Native corporation; and the demonstration project proposed to be carried out by the Alaska Native corporation. In evaluating the applications submitted under paragraph (4), the Secretary shall— take into consideration whether a proposed project would— increase the availability or reliability of local or regional energy; enhance the economic development of the Alaska Native corporation; result in or improve the connection of electric power transmission facilities serving the Alaska Native corporation with other electric transmission facilities; improve the forest health or watersheds of Federal land or Alaska Native corporation forest land or rangeland; demonstrate new investments in infrastructure; or otherwise promote the use of woody biomass; and 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 paragraph
(4)are publicly available by not later than 120 days after the date of enactment of this subsection; and to the maximum extent practicable, consult with Alaska Native corporations and appropriate Alaska Native organizations likely to be affected in developing the application and otherwise carrying out this subsection. Not later than September 20, 2017, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— each individual application received under this subsection; and each contract and agreement entered into pursuant to this subsection. A contract or agreement entered into under this subsection— shall be for a term of not more than 20 years; and may be renewed in accordance with this subsection for not more than an additional 10 years.
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- Pub. L. 108-278
- 118 Stat. 868
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Sec. 202
Tribal biomass demonstration project
Pub. L.Pub. L. 108-278
Stat.118 Stat. 868
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