Sec. 101. Indian Treaty Resources Emphasis Zones, Mount Hood National Forest

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Subtitle C of title I of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1007) is amended by adding at the end the following: In this section: The term National Forest means the Mount Hood National Forest in the State. The term Reservation means the reservation of the Tribe. The term Treaty means the Treaty between the United States and the confederated tribes and bands of Indians in Middle Oregon, concluded at Wasco June 25, 1855 (12 Stat. 963).

The term Tribe means the Confederated Tribes of the Warm Springs Reservation of Oregon. The term Zone means an Indian Treaty Resources Emphasis Zone established under subsection (b)(1). The term Secretary means the Secretary of Agriculture. There is established within the area of the National Forest described in paragraph

(3)one or more zones, each of which shall be known as an Indian Treaty Resources Emphasis Zone , consisting of any area within the National Forest with respect to which the Tribe and the Secretary enter into a memorandum of understanding under subsection (c)(1) to protect and enhance Treaty resources or to protect the Reservation from wildfire. The purposes of the Zones are— to meet the trust responsibility of the United States in protecting the exercise of off-Reservation Treaty rights reserved by the Treaty in the National Forest; to ensure that land and resource management priorities in the Zones maintain and enhance resources, activities, and access reserved by the Treaty; to protect Treaty rights and resources and the Reservation from wildfire, drought, and insect and disease outbreaks in the National Forest; to recognize and integrate indigenous knowledge (including traditional ecological knowledge) as an important part of the best available scientific information that is used in forest and resource management areas within the Zones; to improve the technical understanding of Forest Service employees in the National Forest with respect to the trust responsibilities of the Federal Government (including the application of those responsibilities to ongoing forest management processes and practices); and to enable a co-management strategy between the Forest Service and the Tribe. The authority of this section applies to any area within the boundaries of the National Forest in which the Tribe retains Treaty rights. Not later than 60 days after the date of enactment of this section, the Secretary shall seek to enter into a memorandum of understanding with the Tribe— to better fulfill the trust relationship between the United States and the Tribe by ensuring that the Forest Service includes the Tribe in the land and resource management decision-making process in the Zones to avoid adverse effects on Treaty rights and management of the resources on which the Treaty rights depend; and to cooperatively develop a management strategy for the Zones, including guiding documents for the management of the National Forest and ecosystems for Treaty rights and resources within the Zones. A memorandum of understanding entered into under paragraph

(1)shall— include an assessment of wildfire risk to— the Reservation from the National Forest; and Treaty and cultural resources within the National Forest; provide that forest restoration and management planning within the Zones includes, and is guided by reserved Treaty rights, and the resources on which the Treaty rights depend, including by establishing— vegetation treatment objectives; botanical treatment objectives; wildlife habitat restoration treatment objectives; and objectives for reducing wildfire risks to Treaty resources and the Reservation; provide project planning maps, timelines, and goals for Zones to further the purposes of the Zones described in subsection (b)(2), including— targets for acres treated to effectively reduce fire risks in the Zones; and targets for acres restored for deer and elk habitat (including cover and forage), habitat for cultural plant communities, and other Treaty resources in the Zones; address the planning, implementation, monitoring, and adaptive management of forest projects and management activities in the Zones; and provide for reporting on the activities described in clause (i); and include requirements that no roads, temporary or permanent, shall be constructed within a Zone except as necessary— to meet the requirements for the administration of a Zone; to protect public health and safety; to respond to an emergency; and for the control of fire, insects, or diseases, subject to such terms and conditions as the Secretary determines to be appropriate. Subject to appropriations, the Secretary shall maintain existing roads determined by the Secretary, in consultation with the Tribe, to be necessary for authorized existing uses and the administration of a Zone. The requirement under this paragraph shall continue and be included in any memorandum of understanding entered into under paragraph (1). The designation of a Zone shall be subject to valid existing rights. Subject to valid existing rights, all public land within a Zone, and all land and interests in land acquired by the United States within a Zone, shall be withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. To the maximum extent practicable, the Secretary shall— not later than the date that is 180 days after the date of enactment of this section, ratify a memorandum of understanding under paragraph (1); and not later than the date that is 2 years and 180 days after the date of enactment of this section, complete a management strategy for the Zones. In carrying out this section, the Secretary shall, to the maximum extent practicable— use all existing authorities available to the Secretary, including, as applicable— the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a et seq. ); the good neighbor authority under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ); stewardship end result contracting authority under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ); section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 ); and the authority to enter into contracts with the Tribe to expedite projects, on request by the Tribe, under section 8703 of the Agriculture Improvement Act of 2018 ( 25 U.S.C. 3115b ); develop a programmatic analysis for integrating the management strategy for the Zones under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and pursue a programmatic biological assessment to implement the actions analyzed under paragraph

(2)under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). No later than every 5 years following the completion of a memorandum of understanding entered into under subsection (c)(1), the Secretary shall, in coordination with the Tribe, review the accomplishments of the memorandum of understanding to determine if the memorandum of understanding shall be extended or modified. The Secretary shall develop a funding agreement with the Tribe, including the use of appropriated funding, to ensure that the Tribe, in partnership with the Forest Service, has the capacity to participate in designing, implementing, and monitoring projects within the Zones. The Secretary shall enter into an agreement with the Tribe under which the Tribe may, at the discretion of the Tribe— review and provide comments on any land management prescriptions developed by the Secretary for the Zones; monitor— the long-term effectiveness of restoration and management treatments of actions carried out in the Zones; and any other action or lack of action that is detrimental to the purposes of the Zones; and share any other information with the Forest Service that the Tribe determines to be necessary to further the purposes of the Zones. If section 1207(c) of Public Law 111–11 has not been completed as of the date of enactment of this section, the Secretary shall complete a management plan in accordance with that paragraph within 180 days of enactment of this section. For purposes of a management plan for cultural foods obligations for the National Forest completed under paragraph (1), the Secretary shall ensure that the definition of the term cultural foods shall be defined by the Tribe. On completion, the management plan for cultural food obligations for the National Forest may be included in the management strategy for the Zones developed under subsection (c). To the maximum extent practicable, any revisions to the National Forest management plan applicable to the National Forest under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ) shall— be made in consultation with the Tribe; be consistent with the management strategy for the Zones; and protect Treaty rights, and allow management of the resources on which the Treaty rights depend, for purposes of considering any changes to the applicable management plan or land allocation under the applicable management plan. There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2023 through 2027. The Secretary may use existing funds of the Forest Service and Forest Service program revenue generated from forest restoration activities to carry out the management plan for the Zone. Nothing in this section enlarges, establishes, or diminishes the rights of any Indian Tribe, including— the exercise of hunting, fishing, gathering, and pasturing of livestock rights in usual and accustomed areas; or Indian hunting, fishing, or gathering activities conducted under an agreement with the State. . The table of contents of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991) is amended by inserting after the matter relating to section 1207 the following: 1208. Indian Treaty Resources Emphasis Zones. .

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