“(A) containing such information as the Secretary may require; and “(B) that includes a description of the demonstration project proposed to be carried out by the Indian tribe or tribal organization. “(5) Selection.—In evaluating the applications submitted under paragraph (4), the Secretary shall— “(A) take into consideration whether a proposed project would— “(i) increase the availability or reliability of local or regional energy; “(ii) enhance the economic development of the Indian tribe; “(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; “(iv) improve the forest health or watersheds of Federal land or non-Federal land; “(v) demonstrate new investments in infrastructure; or “(vi) otherwise promote the use of woody biomass; and “(B) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. “(6) Implementation.—The Secretary shall— “(A) ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection [Dec. 18, 2018]; and “(B) to the maximum extent practicable, consult with Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection. “(7) Report .—Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— “(A) each individual application received under this subsection; and “(B) each contract and agreement entered into pursuant to this subsection. “(8) Term .—A contract or agreement entered into under this subsection— “(A) shall be for a term of not more than 20 years; and “(B) may be renewed in accordance with this subsection for not more than an additional 10 years.” TRIBAL BIOMASS DEMONSTRATION PROJECT Pub. L. 108–278, §3, as added by Pub. L. 115–325, title II, §202(b)(2), Dec. 18, 2018, 132 Stat. 4459 , provided that: “(a) Stewardship Contracts or Similar Agreements.—For each of fiscal years 2017 through 2021, the Secretary shall enter into stewardship contracts or similar agreements (excluding direct service contracts) with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. “(b) Demonstration Projects.—In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a). “(c) Eligibility Criteria.—To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit to the Secretary an application— “(1) containing such information as the Secretary may require; and “(2) that includes a description of— “(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and “(B) the demonstration project proposed to be carried out by the Indian tribe. “(d) Selection.—In evaluating the applications submitted under subsection (c), the Secretary shall— “(1) take into consideration— “(A) the factors set forth in paragraphs (1) and (2) of section 2(e) [25 U.S.C. 3115a(e)(1), (2)]; and “(B) whether a proposed project would— “(i) increase the availability or reliability of local or regional energy; “(ii) enhance the economic development of the Indian tribe; “(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; “(iv) improve the forest health or watersheds of Federal land or Indian forest land or rangeland;
“(v) demonstrate new investments in infrastructure; or “(vi) otherwise promote the use of woody biomass; and
Appendix i – National Indian Forest Resources Management Act Statute Legal Authority A-15
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