text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Tribal Forestry Participation and 
  Protection Act of 2016''.
  
  SEC. 2. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP 
                END RESULT CONTRACTING AND OTHER AUTHORITIES.
  
      (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the 
  Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
              (1) in paragraph (1), by striking ``Not later than 120 days 
          after the date on which an Indian tribe submits to the 
          Secretary'' and inserting ``In response to the submission by an 
          Indian tribe to the Secretary of''; and
              (2) by adding at the end the following:
              ``(4) Time periods for consideration.--
                      ``(A) Initial response.--Not later than 90 days 
                  after the date on which the Secretary receives a tribal 
                  request under paragraph (1), the Secretary shall 
                  provide an initial response to the Indian tribe 
                  regarding whether the request may meet the selection 
                  criteria described in subsection (c).
                      ``(B) Notice of denial.--A notice under subsection 
                  (d) of the denial of a tribal request under paragraph 
                  (1) shall be provided to the Indian tribe by not later 
                  than 1 year after the date on which the Secretary 
                  receives the request.
                      ``(C) Completion.--Not later than 2 years after the 
                  date on which the Secretary receives a tribal request 
                  under paragraph (1), other than a tribal request denied 
                  under subsection (d), the Secretary shall--
                              ``(i) complete all environmental reviews 
                          necessary in connection with the agreement or 
                          contract and proposed activities under the 
                          agreement or contract; and
                              ``(ii) enter into the agreement or contract 
                          with the Indian tribe in accordance with 
                          paragraph (2).''.
      (b) Conforming and Technical Amendments.--Section 2 of the Tribal 
  Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
              (1) in subsections (b)(1) and (f)(1), by striking ``section 
          347 of the Department of the Interior and Related Agencies 
          Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
          277) (as amended by section 323 of the Department of the 
          Interior and Related Agencies Appropriations Act, 2003 (117 
          Stat. 275))'' each place it appears and inserting ``section 604 
          of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
          6591c)''; and
              (2) in subsection (d), in the matter preceding paragraph 
          (1), by striking ``subsection (b)(1), the Secretary may'' and 
          inserting ``paragraphs (1) and (4)(B) of subsection (b), the 
          Secretary shall''.
  
  SEC. 3. PILOT AUTHORITY FOR RESTORATION OF FEDERAL FOREST LAND BY 
                INDIAN TRIBES.
  
      (a) In General.--Section 305 of the National Indian Forest 
  Resources Management Act (25 U.S.C. 3104) is amended by adding at the 
  end the following:
      ``(c) Inclusion of Certain National Forest System Land and Public 
  Land.--
              ``(1) Purposes.--The purposes of this subsection are--
                      ``(A) 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
                      ``(B) 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.
              ``(2) Definitions.--In this subsection:
                      ``(A) Federal forest land.--
                              ``(i) In general.--The term `Federal forest 
                          land' means--
                                      ``(I) National Forest System land; 
                                  and
                                      ``(II) public lands (as defined in 
                                  section 103 of the Federal Land Policy 
                                  and Management Act of 1976 (43 U.S.C. 
                                  1702)), including--
                                              ``(aa) 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
                                              ``(bb) Oregon and 
                                          California Railroad Grant land.
                              ``(ii) Exclusions.--The term `Federal 
                          forest land' does not include--
                                      ``(I) a component of the National 
                                  Wilderness Preservation System;
                                      ``(II) a component of the National 
                                  Wild and Scenic Rivers System;
                                      ``(III) a congressionally 
                                  designated wilderness study area; or
                                      ``(IV) an inventoried roadless area 
                                  within the National Forest System.
                      ``(B) Forest land management activities.--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).
                      ``(C) Secretary concerned.--The term `Secretary 
                  concerned' means--
                              ``(i) the Secretary of Agriculture, with 
                          respect to the Federal forest land referred to 
                          in subparagraph (A)(i)(I); and
                              ``(ii) the Secretary of the Interior, with 
                          respect to the Federal forest land referred to 
                          in subparagraph (A)(i)(II).
              ``(3) Authority.--
                      ``(A) In general.--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--
                              ``(i) ceded to the United States by treaty 
                          or other agreement with that Indian tribe;
                              ``(ii) within the boundaries of a current 
                          or former reservation of that Indian tribe; or
                              ``(iii) adjudicated by the Indian Claims 
                          Commission or a Federal court to be the tribal 
                          homeland of that Indian tribe.
                      ``(B) Management.--Federal forest land treated as 
                  Indian forest land for purposes of planning and 
                  conducting management activities pursuant to 
                  subparagraph (A) shall--
                              ``(i) be managed exclusively under this 
                          Act; and
                              ``(ii) 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.
              ``(4) Requirements.--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--
                      ``(A) 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--
                              ``(i) protecting human safety; or
                              ``(ii) preventing harm to natural 
                          resources;
                      ``(B) 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--
                              ``(i) 25-percent payments under the Secure 
                          Rural Schools and Community Self-Determination 
                          Act of 2000 (16 U.S.C. 7101 et seq.); or
                              ``(ii) 50-percent payments under the Act of 
                          August 28, 1937 (43 U.S.C. 1181a et seq.);
                      ``(C) comply with applicable prohibitions on the 
                  export of unprocessed logs harvested from the Federal 
                  forest land;
                      ``(D) recognize all right-of-way agreements in 
                  place on Federal forest land as in existence prior to 
                  the commencement of tribal management activities;
                      ``(E) ensure that any county road within the 
                  Federal forest land as in existence prior to the 
                  agreement is not adversely impacted; and
                      ``(F) ensure that all commercial timber removed 
                  from the Federal forest land is sold on a competitive 
                  bid basis.
              ``(5) Prompt consideration of tribal requests.--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--
                      ``(A) approve or deny the request; and
                      ``(B) if the Secretary approves the request, begin 
                  exercising the authority under that paragraph.
              ``(6) Consultation.--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--
                      ``(A) before entering into an agreement to treat 
                  the Federal forest land as Indian forest land under 
                  paragraph (3); and
                      ``(B) with respect to an agreement described in 
                  subparagraph (A), in planning and conducting forest 
                  land management activities under this section.
              ``(7) Forest management plans.--All forest land management 
          activities under this subsection on National Forest System land 
          shall be consistent with the applicable forest plan.
              ``(8) Limitations.--The treatment of Federal forest land as 
          Indian forest land for purposes of planning and conducting 
          management activities pursuant to paragraph (3)--
                      ``(A) shall not be considered to designate the 
                  Federal forest land as Indian forest land for any other 
                  purpose; and
                      ``(B) shall be in accordance with all relevant 
                  Federal laws applicable to Federal forest land, 
                  including--
                              ``(i) the National Environmental Policy Act 
                          of 1969 (42 U.S.C. 4321 et seq.);
                              ``(ii) the Endangered Species Act of 1973 
                          (16 U.S.C. 1531 et seq.);
                              ``(iii) the Federal Water Pollution Control 
                          Act (33 U.S.C. 1251 et seq.); and
                              ``(iv) the Clean Air Act (42 U.S.C. 7401 et 
                          seq.).
              ``(9) Applicability of nepa.--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.).
              ``(10) Termination of authority.--The authority provided by 
          this subsection terminates on the date that is 10 years after 
          the date of enactment of this subsection.''.
      (b) Effect.--Nothing in this section or an amendment made by this 
  section--
              (1) 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;
              (2) negatively impacts private land; or
              (3) 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.
  
  SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
  
      The Secretary of the Interior and the Secretary of Agriculture may 
  carry out demonstration projects pursuant to which federally recognized 
  Indian tribes or tribal organizations may enter into contracts to carry 
  out administrative, management, and other functions under the Tribal 
  Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.), through 
  contracts entered into under the Indian Self-Determination and 
  Education Assistance Act (25 U.S.C. 450 et seq.).
  
  SEC. 5. FUNDING.
  
      The Secretary of the Interior and the Secretary of Agriculture 
  shall use to carry out this Act and amendments made by this Act such 
  amounts as are necessary from other amounts available to the Secretary 
  of the Interior or the Secretary of Agriculture, respectively, that are 
  not otherwise obligated.
target: Tribal Forestry Participation and Protection Act of 2016 This bill amends the Tribal Forest Protection Act of 2004 and&nbsp;the National Indian Forest Resources Management Act to establish:  a timeframe&nbsp;for consideration of tribal requests to protect Indian forest land or rangeland; a tribal forest management demonstration project; and pilot authority for the Bureau of Land Management and the Forest Service to, upon request of an Indian tribe, treat certain federal forest land as Indian land for purposes of&nbsp;specified land management activities.
feat_title: Tribal Forestry Participation and Protection Act of 2016