Sec. 3. Pilot authority for restoration of Federal forest land by Indian tribes

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Section 305 of the National Indian Forest Resources Management Act ( 25 U.S.C. 3104 ) is amended by adding at the end the following: The purposes of this subsection are— to maximize the effective management of Federal forest land and to assist in the restoration of that land in accordance with the principles of sustained yield; and to reduce insect, disease, or wildfire risk to communities, municipal water supplies, and other at-risk Federal land by providing for the implementation by Indian tribes of forest restoration projects.

In this subsection: The term Federal forest land means— National Forest System land; and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), including— Coos Bay Wagon Road Grant land reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47); and Oregon and California Railroad Grant land. The term Federal forest land does not include— a component of the National Wilderness Preservation System; a component of the National Wild and Scenic Rivers System; a congressionally designated wilderness study area; or an inventoried roadless area within the National Forest System.

The term forest land management activities means activities performed in the management of Indian forest land described in subparagraphs (C), (D), and

(E)of section 304(4). The term Secretary concerned means— the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i)(I); and the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(i)(II). At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographical area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land— ceded to the United States by treaty or other agreement with that Indian tribe; within the boundaries of a current or former reservation of that Indian tribe; or adjudicated by the Indian Claims Commission or a Federal court to be the tribal homeland of that Indian tribe. Federal forest land treated as Indian forest land for purposes of planning and conducting management activities pursuant to subparagraph

(A)shall— be managed exclusively under this Act; and remain under the ownership of the Federal agency that owned the Federal forest land on the day before the date of enactment of this subsection. As part of an agreement to treat Federal forest land as Indian forest land under paragraph (3), the Secretary concerned and the Indian tribe making the request shall— provide for continued public access and recreation applicable to the Federal forest land as in existence prior to the agreement, except that the Secretary concerned may limit or prohibit that access only for the purpose of— protecting human safety; or preventing harm to natural resources; continue sharing revenue generated by the Federal forest land with State and local governments on the terms applicable to the Federal forest land prior to the agreement, including, as applicable— 25-percent payments under the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7101 et seq. ); or 50-percent payments under the Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ); comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; recognize all right-of-way agreements in place on Federal forest land as in existence prior to the commencement of tribal management activities; ensure that any county road within the Federal forest land as in existence prior to the agreement is not adversely impacted; and ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis. Not later than 180 days after the date on which the Secretary receives a request from an Indian tribe under paragraph (3)(A), the Secretary shall— approve or deny the request; and if the Secretary approves the request, begin exercising the authority under that paragraph. To the extent consistent with the laws governing the administration of public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), the Secretary concerned shall consult with each State and unit of local government within which Federal forest land is located— before entering into an agreement to treat the Federal forest land as Indian forest land under paragraph (3); and with respect to an agreement described in subparagraph (A), in planning and conducting forest land management activities under this section. All forest land management activities under this subsection on National Forest System land shall be consistent with the applicable forest plan. The treatment of Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (3)— shall not be considered to designate the Federal forest land as Indian forest land for any other purpose; and shall be in accordance with all relevant Federal laws applicable to Federal forest land, including— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and the Clean Air Act ( 42 U.S.C. 7401 et seq. ). The execution of, but not the decision to enter into, an agreement to treat Federal forest land as Indian forest land under paragraph

(3)shall constitute a Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The authority provided by this subsection terminates on the date that is 10 years after the date of enactment of this subsection. . Nothing in this section or an amendment made by this section— prohibits, restricts, or otherwise adversely affects any permit, lease, or similar agreement in effect on or after the date of enactment of this Act for the use of Federal land for the purpose of recreation, utilities, logging, mining, oil, gas, grazing, water rights, or any other purpose; negatively impacts private land; or prohibits, restricts, or otherwise adversely affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate under State law fish and wildlife on land or in water in the State, including on Federal public land.

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