118 STAT. 869 PUBLIC LAW 108–278—JULY 22, 2004 (b) AUTHORITY TO PROTECT INDIAN FOREST LAND OR RANGE LAND.— (1) IN GENERAL.—Not later than 120 days after the date on which an Indian tribe submits to the Secretary a request to enter into an agreement or contract to carry out a project to protect Indian forest land or rangeland (including a project to restore Federal land that borders on or is adjacent to Indian forest land or rangeland) that meets the criteria described in subsection (c), the Secretary may issue public notice of initi ation of any necessary environmental review or of the potential of entering into an agreement or contract with the Indian tribe pursuant to 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 Appropria tions Act, 2003 (117 Stat. 275)), or such other authority as appropriate, under which the Indian tribe would carry out activities described in paragraph (3). (2) ENVIRONMENTAL ANALYSIS.—Following completion of any necessary environmental analysis, the Secretary may enter into an agreement or contract with the Indian tribe as described in paragraph (1). (3) ACTIVITIES.—Under an agreement or contract entered into under paragraph (2), the Indian tribe may carry out activi ties to achieve land management goals for Federal land that is— (A) under the jurisdiction of the Secretary; and (B) bordering or adjacent to the Indian forest land or rangeland under the jurisdiction of the Indian tribe. (c) SELECTION CRITERIA.—The criteria referred to in subsection (b), with respect to an Indian tribe, are whether— (1) the Indian forest land or rangeland under the jurisdic tion of the Indian tribe borders on or is adjacent to land under the jurisdiction of the Forest Service or the Bureau of Land Management; (2) Forest Service or Bureau of Land Management land bordering on or adjacent to the Indian forest land or rangeland under the jurisdiction of the Indian tribe— (A) poses a fire, disease, or other threat to— (i) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; or (ii) a tribal community; or (B) is in need of land restoration activities; (3) the agreement or contracting activities applied for by the Indian tribe are not already covered by a stewardship contract or other instrument that would present a conflict on the subject land; and (4) the Forest Service or Bureau of Land Management land described in the application of the Indian tribe presents or involves a feature or circumstance unique to that Indian tribe (including treaty rights or biological, archaeological, historical, or cultural circumstances). (d) NOTICE OF DENIAL.—If the Secretary denies a tribal request under subsection (b)(1), the Secretary may issue a notice of denial to the Indian tribe, which— (1) identifies the specific factors that caused, and explains the reasons that support, the denial; Deadline.
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