,,ii #aahth ,,congress #ast ,session ,s4 #ccaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjbc,mr4 ,wyden 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,omnibus ,public ,land ,management ,act of #bjji to establish within the ,mount ,hood ,national ,forest in the ,state of ,oregon ,indian ,treaty ,resources ,emphasis ,zones1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wy'east ,tribal ,resources ,restoration ,act4 #b4 ,indian ,treaty ,resources ,emphasis ,zones1 ,mount ,hood ,national ,forest 7a7 ,in general ,subtitle ,c of title ,i of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #ajjg7 is amended by adding at the end the following3 #abjh4 ,indian ,treaty ,resources ,emphasis ,zones 7a7 ,definitions ,in this section3 7#a7 ,national ,forest ,the term ,national ,forest means the ,mount ,hood ,national ,forest in the ,state4 7#b7 ,reservation ,the term ,reservation means the reservation of the ,tribe4 7#c7 ,traditional ecological knowledge ,the term traditional ecological knowledge means a body of observations1 oral and written knowledge1 practices1 and beliefs that-- 7,a7 promotes environmental sustainability and the responsible stewardship of natural resources through relationships between humans and environmental systems2 7,b7 is applied to phenomena across biological1 physical1 cultural1 and spiritual systems2 7,c7 has evolved over millennia1 continues to evolve1 and includes insights based on evidence acquired through direct contact with the environment and long-term experiences1 as well as extensive observations1 lessons1 and skills passed from generation to generation2 and 7,d7 is owned by ,indigenous people1 including ,tribal ,nations1 ,native ,americans1 ,alaska ,natives1 ,native ,hawaiians1 and other ,indigenous people4 7#d7 ,treaty ,the term ,treaty means the ,treaty between the ,united ,states and the confederated tribes and bands of ,indians in ,middle ,oregon1 concluded at ,wasco ,june #be1 #ahee 7#ab ,stat4 #ifc74 7#e7 ,tribe ,the term ,tribe means the ,confederated ,tribes of the ,warm ,springs ,reservation of ,oregon4 7#f7 ,zone ,the term ,zone means an ,indian ,treaty ,resources ,emphasis ,zone established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,there is established within the area of the ,national ,forest described in paragraph 7#c7 #a or more zones1 each of which shall be known as an ,indian ,treaty ,resources ,emphasis ,zone1 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 7c77#a7 to protect and enhance ,treaty resources or to protect the ,reservation from wildfire4 7#b7 ,purposes ,the purposes of a ,zone are-- 7,a7 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 ,forest2 7,b7 to ensure that land and resource management priorities in the ,zone maintain and enhance resources1 activities1 and access reserved by the ,treaty2 7,c7 to protect ,treaty rights and resources and the ,reservation from wildfire1 drought1 and insect and disease outbreaks in the ,national ,forest in accordance with the best available science1 including traditional ecological knowledge2 7,d7 to recognize and integrate traditional ecological knowledge as an important part of the best available science that is used in forest and resource management areas within the ,zone2 7,e7 to improve the technical understanding of ,forest ,service employees in the ,national ,forest with respect to the trust responsibilities of the ,federal ,government 7including the application of those responsibilities to ongoing forest management processes and practices72 7,f7 to enable a co-management strategy between the ,forest ,service and the ,tribe2 and 7,g7 to conserve other values within the ,zone1 including ecological1 scenic1 geological1 climate1 and indigenous cultural values4 7#c7 ,scope ,this section shall apply to any area within the boundaries of the ,national ,forest in which the ,tribe retains ,treaty rights4 7c7 ,management strategy 7#a7 ,memorandum of understanding ,not later than #fj days after the date of enactment of this section1 the ,secretary shall seek to enter into a memorandum of understanding with the ,tribe-- 7,a7 in addition to the ,tribal consultation process1 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 a ,zone to mitigate against adverse effects on ,treaty rights and management of the resources on which the ,treaty rights depend2 and 7,b7 to cooperatively develop a management strategy for the #a or more ,zones1 including guiding documents for the management of the ,national ,forest and ecosystems for ,treaty rights and resources within the ,zones4 7#b7 ,requirements ,a memorandum of understanding entered into under paragraph 7#a7 shall-- 7,a7 include an assessment of wildfire risk to-- 7i7 the ,reservation from the ,national ,forest2 and 7ii7 ,treaty and cultural resources within the ,national ,forest2 7,b7 provide that forest restoration and management planning within a ,zone includes1 and is guided by1 reserved ,treaty rights1 and the resources on which the ,treaty rights depend2 7,c7 include requirements that no temporary or permanent road shall be constructed within a ,zone1 except as necessary-- 7i7 to meet the requirements for the administration of a ,zone2 7ii7 to protect public health and safety2 7iii7 to respond to an emergency2 or 7iv7 for the control of fire1 insects1 or diseases1 subject to such terms and conditions as the ,secretary determines to be appropriate2 and 7,d7 to the maximum extent practicable1 to meet the purposes of this section1 provide for the retention of large trees1 as appropriate for the historic forest structure or promotion of fire-resilient stands4 7#c7 ,road maintenance 7,a7 ,in general ,subject to appropriations1 the ,secretary shall maintain existing roads determined by the ,secretary1 in consultation with the ,tribe1 to be necessary for authorized existing uses and the administration of a ,zone4 7,b7 ,inclusion in memorandum of understanding ,the requirement under this paragraph shall-- 7i7 not expire2 and 7ii7 be included in any memorandum of understanding entered into under paragraph 7#a74 7#d7 ,withdrawal ,subject to valid existing rights1 all public land within a ,zone1 and all land and interests in land acquired by the ,united ,states within a ,zone1 shall be withdrawn from-- 7,a7 all forms of entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7#e7 ,deadlines ,to the maximum extent practicable1 the ,secretary shall-- 7,a7 not later than the date that is #a year after the date of enactment of this section1 ratify a memorandum of understanding under paragraph 7#a72 and 7,b7 not later than the date that is #c years after the date of enactment of this section1 complete a management strategy for the #a or more ,zones4 7d7 ,requirements for implementation ,in carrying out this section1 the ,secretary shall1 to the maximum extent practicable-- 7#a7 use all existing authorities available to the ,secretary1 including1 as applicable-- 7,a7 the ,tribal ,forest ,protection ,act of #bjjd 7,public ,law #ajh-bgh2 #aah ,stat4 #hfh72 7,b7 the good neighbor authority under section #hbjf of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a72 7,c7 title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq472 7,d7 the stewardship end result contracting authority under section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c72 7,e7 section #ajb of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecba72 and 7,f7 the authority to enter into contracts with the ,tribe to expedite projects1 on request by the ,tribe1 under section #hgjc of the ,agriculture ,improvement ,act of #bjah 7#be ,u4,s4,c4 #caae;b72 7#b7 develop a programmatic analysis for the management strategy for the #a or more ,zones under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#c7 pursue a programmatic biological assessment to implement the actions analyzed under paragraph 7#b7 under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 and 7#d7 ensure compliance with all applicable laws and regulations4 7e7 ,review of ,,mou ,not later than #e years after the date on which a memorandum of understanding is entered into under subsection 7c77#a71 and not less frequently than once every #e years thereafter1 the ,secretary shall1 in coordination with the ,tribe1 review the accomplishments of the memorandum of understanding to determine if the memorandum of understanding shall be extended or modified4 7f7 ,funding agreement ,the ,secretary shall develop a funding agreement with the ,tribe1 including the use of appropriated funding1 to ensure that the ,tribe1 in partnership with the ,forest ,service1 has the capacity to participate in designing1 implementing1 and monitoring projects within a ,zone4 7g7 ,monitoring 7#a7 ,in general ,the ,secretary shall enter into an agreement with the ,tribe under which the ,tribe may1 at the discretion of the ,tribe-- 7,a7 review and provide comments on any land management prescriptions developed by the ,secretary for a ,zone2 7,b7 monitor-- 7i7 the long-term effectiveness of restoration and management treatments of actions carried out in a ,zone2 and 7ii7 any other action or lack of action that is detrimental to the purposes of a ,zone2 and 7,c7 share any other information with the ,forest ,service that the ,tribe determines to be necessary to further the purposes of a ,zone4 7h7 ,management of cultural foods obligations 7#a7 ,in general ,if the management plan described in section #abjg7;c7 has not been developed and implemented as of the date of enactment of this section1 the ,secretary shall-- 7,a7 complete a management plan in accordance with that section not later than #ahj days after the date of enactment of this section2 or 7,b7 enter into a contract with the ,tribe to draft a management plan described in that section pursuant to the authority of the ,secretary under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7#b7 ,definition of cultural foods ,for purposes of the management plan described in paragraph 7#a71 the ,secretary shall consult with the ,tribe to define the term cultural foods4 7#c7 ,inclusion ,the management plan described in paragraph 7#a7 may be included in the management strategy for the #a or more ,zones developed under subsection 7c74 7i7 ,land and resource management plan ,any revisions or amendments to the land and resource management plan applicable to the ,national ,forest under the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq47 shall-- 7#a7 be made in consultation with the ,tribe and other ,indian ,tribes with historical or legal interests in the ,national ,forest2 7#b7 be consistent with the management strategy for the #a or more ,zones2 and 7#c7 within the #a or more ,zones1 protect ,treaty rights and allow management of the resources on which the ,treaty rights depend4 7j7 ,effect ,nothing in this section-- 7#a7 enlarges1 establishes1 or diminishes the current or future rights of any ,indian ,tribe1 including-- 7,a7 the exercise of hunting1 fishing1 gathering1 and pasturing of livestock rights in usual and accustomed areas2 or 7,b7 ,indian hunting1 fishing1 or gathering activities conducted under an agreement with the ,state2 7#b7 provides any ,indian ,tribe with exclusive use of any area within the ,national ,forest2 or 7#c7 limits the ,secretary from entering into a separate agreement with other ,indian ,tribes with treaty rights or a recognized legal interest in the ,national ,forest4 7k7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #c1ejj1jjj for each of fiscal years #bjbd through #bjbh4 7#b7 ,authority to use other funds ,subject to the availability of funds1 and based on priorities for the ,national ,forest1 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 strategy for the #a or more ,zones in accordance with subsection 7b77#b74 4 7b7 ,clerical amendment ,the table of contents of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #iia7 is amended by inserting after the item relating to section #abjg the following3 ,sec4 #abjh4 ,indian ,treaty ,resources ,emphasis ,zones4 4