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Code · STATUTE-COMPILATIONS · Tribal Forest Protection Act of 2004 · Sec. 3

Sec. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT

548 words·~2 min read·/statute-compilations/comps-10408/sec-3

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## SEC. 3 TRIBAL BIOMASS DEMONSTRATION PROJECT **[**[25 U.S.C. 3104 note](/us/usc/t25/s3104)**]** ###
(a)Stewardship Contracts or Similar Agreements For each of fiscal years 2017 through 2021, 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. ###
(b)Demonstration Projects 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). ###
(c)Eligibility Criteria To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit to the Secretary an application— ####
(1)containing such information as the Secretary may require; and ####
(2)that includes a description of— #####
(A)the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and #####
(B)the demonstration project proposed to be carried out by the Indian tribe. ###
(d)Selection In evaluating the applications submitted under subsection (c), the Secretary shall— ####
(1)take into consideration— #####
(A)the factors set forth in paragraphs
(1)and
(2)of section 2(e); and #####
(B)whether a proposed project would— ######
(i)increase the availability or reliability of local or regional energy; ######
(ii)enhance the economic development of the Indian tribe; ######
(iii)result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; ######
(iv)improve the forest health or watersheds of Federal land or Indian forest land or rangeland; ######
(v)demonstrate new investments in infrastructure; or ######
(vi)otherwise promote the use of woody biomass; and ####
(2)exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. ###
(e)Implementation The Secretary shall— ####
(1)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 ####
(2)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. ###
(f)Report Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— ####
(1)each individual tribal application received under this section; and ####
(2)each contract and agreement entered into pursuant to this section. ###
(g)Incorporation of Management Plans 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. ###
(h)Term A contract or agreement entered into under this section— ####
(1)shall be for a term of not more than 20 years; and ####
(2)may be renewed in accordance with this section for not more than an additional 10 years.
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Sec. 3
TRIBAL BIOMASS DEMONSTRATION PROJECT
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