Overview

Title

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.

ELI5 AI

The bill wants the people in charge of forests to give some forest land to the people in charge of Indian Tribe lands, so it can be better used and cared for by the Indian Tribes. But, they have to make sure the land is small enough, the right kind, and that everyone agrees it's a good idea.

Summary AI

The H. R. 10533 bill, also known as the "Small Tribal Forest Restoration Act of 2024," seeks to allow the Secretary of Agriculture to transfer specific parcels of National Forest System land to the Secretary of the Interior. These lands would be held in trust to benefit Indian Tribes, provided the land is 640 acres or less and meets certain criteria such as being isolated or in need of restoration. The bill outlines a process for these transfers, including notifications and considerations for factors like the cultural significance and proximity to Tribal lands. Additionally, it requires that any transfer with competing claims from different tribes must be resolved through agreement before proceeding.

Published

2024-12-19
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-19
Package ID: BILLS-118hr10533ih

Bill Statistics

Size

Sections:
2
Words:
1,214
Pages:
6
Sentences:
21

Language

Nouns: 372
Verbs: 86
Adjectives: 58
Adverbs: 11
Numbers: 32
Entities: 79

Complexity

Average Token Length:
4.19
Average Sentence Length:
57.81
Token Entropy:
4.82
Readability (ARI):
30.71

AnalysisAI

General Summary of the Bill

The bill, titled the "Small Tribal Forest Restoration Act of 2024," aims to authorize the Secretary of Agriculture to transfer certain parcels of National Forest System land to the Secretary of the Interior. These lands are to be held in trust for the benefit of Indian Tribes. The intent is to allow these parcels to be managed and restored by Indian Tribes, subject to meeting certain criteria such as isolation, inaccessibility, or a need for restoration. The bill also establishes a framework for public notification and dispute resolution if multiple tribes request the same parcel.

Summary of Significant Issues

There are several key issues raised by the bill's current language:

  1. Identification of "Covered Parcels": The bill does not clearly define how parcels eligible for transfer are identified, which could lead to ambiguity in its application. This lack of clarity might affect the consistent implementation of the bill’s provisions.

  2. Establishment of Transfer Processes: While the bill requires the Secretary to establish a process for land transfers within 180 days, it lacks details on the criteria and guidelines for these procedures. This absence of specificity could result in differing interpretations and applications of the transfer process.

  3. Assessment of Anticipated Benefits: For non-contiguous parcels, the bill does not provide clear guidance on how anticipated benefits to the Indian Tribes should be assessed. This vagueness might result in subjective decision-making, potentially impacting tribal access to the lands.

  4. Dispute Resolution Framework: The methods for resolving disputes between tribes are listed without a clear decision-making framework. This could complicate or stall land transfers when disagreements occur, leading to potential legal challenges or delays.

  5. Impact on Treaty Rights: The section on treaty rights could be misinterpreted as it doesn't clearly integrate the bill's intentions with existing laws and treaties. This might lead to misunderstandings about the scope and impact of the bill on the legal rights of Indian Tribes.

Impact on the Public

Overall, the bill aims to strengthen tribal sovereignty by enabling Indian Tribes to manage lands that are currently part of the National Forest System. Potential benefits include improved land management tailored to the specific cultural and historical significance of the lands to the tribes. However, the bill’s ambiguity might lead to inconsistent application, which could affect the effectiveness of these transfers and potentially lead to disputes.

Impact on Specific Stakeholders

  • Indian Tribes: The main beneficiaries of this bill, tribes could gain control over lands that have cultural, historical, or economic significance. However, the undefined processes and criteria might create challenges in accessing these resources, especially if multiple tribes claim the same parcel.

  • Federal Agencies: The Department of Agriculture and the Department of the Interior will need to collaborate closely to ensure the smooth transfer and management of the lands. Any lack of clarity in procedures might require increased administrative efforts to mediate disputes or inconsistencies.

  • State and Local Governments: These entities will be notified of potential land transfers, which could impact land use planning and management at the state and local levels. Effective communication and cooperation will be crucial to address any concerns regarding land management.

  • General Public: By facilitating the restoration and management of these lands by tribes, local ecosystems might benefit from conservation practices attuned to maintaining the land's natural and cultural heritage. However, any administrative delays or disputes could delay these potential environmental benefits.

The bill's success will largely depend on the clarity and efficiency with which its provisions are rolled out and applied, thereby ensuring its intended benefits are realized.

Issues

  • Section 2(b): The term 'covered parcels' used in subsection (b) lacks a definition of how they are identified within the National Forest System, which could lead to ambiguity and inconsistency in the application of the bill.

  • Section 2(d): The process to be established by the Secretary within 180 days for making administrative transfers lacks specificity regarding criteria and guidelines, potentially causing inconsistent application and confusion about the processes involved.

  • Section 2(e): It is unclear how the 'anticipated benefits' for the Indian Tribe from the transfer of a non-contiguous parcel will be assessed, which could lead to subjective and inconsistent interpretations and application of the bill, potentially affecting the rights and benefits of Indian Tribes involved.

  • Section 2(f): The methods for dispute resolution listed are without a framework or precedence on how decisions will be made if parties cannot agree, which could complicate or stall the transfer process, potentially leading to legal disputes or delays.

  • Section 2(g): The relation of the bill to treaty rights might be misunderstood without context on how it integrates with existing laws and rights, potentially leading to misinterpretation of its scope and affecting the legal rights of Indian Tribes.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states that it may be referred to as the “Small Tribal Forest Restoration Act of 2024.”

2. Administrative transfer of covered parcels to be held in trust Read Opens in new tab

Summary AI

The section allows the Secretary of Agriculture to transfer certain parcels of National Forest System land to the Secretary of the Interior to hold in trust for an Indian Tribe if the land meets specific criteria, such as being isolated or in need of restoration. It also sets up a process for notifying the public and other relevant parties about such transfers and requires all interested tribes to agree on the transfer if multiple tribes request the same parcel.