[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10533 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10533
To authorize the Secretary of Agriculture to administratively transfer
covered parcels of National Forest System land to the Secretary of the
Interior to be held in trust for the benefit of Indian Tribes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2024
Mr. Kilmer (for himself, Ms. Salinas, and Mr. Guest) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of Agriculture to administratively transfer
covered parcels of National Forest System land to the Secretary of the
Interior to be held in trust for the benefit of Indian Tribes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Tribal Forest Restoration Act
of 2024''.
SEC. 2. ADMINISTRATIVE TRANSFER OF COVERED PARCELS TO BE HELD IN TRUST.
(a) Transfers Authorized.--The Secretary is authorized to
administratively transfer a covered parcel described in subsection (b)
to the Secretary of the Interior to be held in trust for the benefit of
an Indian Tribe in accordance with this section.
(b) Covered Parcels.--A covered parcel that may transferred under
subsection (a) is a parcel of National Forest System land--
(1) for which an Indian Tribe submits to the Secretary a
request for an administrative transfer to the Secretary of the
Interior;
(2) that is less than or equal to 640 acres; and
(3) that the Secretary determines--
(A) the transfer of which under subsection (a)
would be in the public interest; and
(B) to--
(i) be physically isolated from other
Federal land;
(ii) be inaccessible;
(iii) have lost natural character; or
(iv) be in need of restoration.
(c) Placement of Land.--
(1) Land held in trust.--Subject to all valid existing
rights of the United States, a covered parcel transferred to
the Secretary of the Interior under subsection (a) shall--
(A) be accepted by the Secretary of the Interior;
and
(B) be held in trust for the benefit of the
requesting Indian Tribe and administered by the
Secretary of the Interior in accordance with the laws
and regulations generally applicable to land held in
trust by the United States for an Indian Tribe.
(2) Inclusion in reservation.--If the Indian Tribe
submitting a request under subsection (b)(1) exercises
jurisdiction over a reservation, the covered parcel placed in
trust under paragraph (1)(B) may be declared part of the
reservation at the request of the Indian Tribe.
(d) Notification of Use of Authority.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall establish a
process to make administrative transfers under subsection (a).
(2) Elements.--The process required under paragraph (1)
shall include--
(A) a 30-day public notice period that a request
for a transfer submitted to the Secretary by an Indian
Tribe pursuant to subsection (b)(1) has been received;
(B) notification of such a request to relevant
State and local governments; and
(C) notification of such a request to each Indian
Tribe--
(i) with land in trust that is located
within 100 miles of the covered parcel for
which such request was submitted;
(ii) that has treaty rights or interests
with respect to such covered parcel;
(iii) for which such covered parcel may
have important cultural or historical
significance; or
(iv) that is served by a care service area
of the Indian Health Service in which all or
part of the covered parcel is located.
(e) Factors in Determination to Transfer.--When determining whether
to transfer a covered parcel under subsection (a), the Secretary shall
consider the following:
(1) Whether the covered parcel involves a factor of direct
relevance unique to the requesting Indian Tribe, including--
(A) treaty rights or interests;
(B) the exercise of hunting, fishing, or gathering
privileges;
(C) biological, archaeological, historical, or
cultural circumstances; or
(D) public safety and emergency management
responsibilities.
(2) With respect to the Indian Tribe that submits a request
pursuant to subsection (b)(1) with respect to such parcel--
(A) whether the covered parcel is contiguous to, or
within 100 miles of, the reservation or trust lands of
such Indian Tribe; and
(B) if the parcel is non-contiguous with the
reservation or trust lands of such Indian Tribe, the
anticipated benefits for the Indian Tribe from the
transfer of the covered parcel.
(f) Multiple Claims.--
(1) Dispute resolution.--If two or more Indian Tribes
request the same covered parcel during the 90-day period
beginning on the date public notice is first made available
pursuant to subsection (d)(2)(A) with respect to such covered
parcel, the Secretary may use mediation, conciliation,
arbitration, and other dispute resolutions methods to establish
an agreement with respect to the transfer of such parcel.
(2) Transfer contingent on agreement.--The Secretary may
not transfer under subsection (a) a covered parcel described in
paragraph (1) unless all Indian Tribes described in such
paragraph agree to the transfer.
(g) Treaty Rights of Federally Recognized Tribes.--Nothing in this
section shall be construed to affect any treaty right of an Indian
Tribe.
(h) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian Tribe'' means an
Indian Tribe recognized by the Secretary of the Interior on the
most recent list, as of the date of an applicable request
submitted under subsection (b)(1), published in the Federal
Register pursuant to section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
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