Page:United States Statutes at Large Volume 118.djvu/900

 118 STAT. 870 PUBLIC LAW 108–278—JULY 22, 2004 (2) identifies potential courses of action for overcoming specific issues that led to the denial; and (3) proposes a schedule of consultation with the Indian tribe for the purpose of developing a strategy for protecting the Indian forest land or rangeland of the Indian tribe and interests of the Indian tribe in Federal land. (e) PROPOSAL EVALUATION AND DETERMINATION FACTORS.—In entering into an agreement or contract in response to a request of an Indian tribe under subsection (b)(1), the Secretary may— (1) use a best value basis; and (2) give specific consideration to tribally related factors in the proposal of the Indian tribe, including— (A) the status of the Indian tribe as an Indian tribe; (B) the trust status of the Indian forest land or range land of the Indian tribe; (C) the cultural, traditional, and historical affiliation of the Indian tribe with the land subject to the proposal; (D) the treaty rights or other reserved rights of the Indian tribe relating to the land subject to the proposal; (E) the indigenous knowledge and skills of members of the Indian tribe; (F) the features of the landscape of the land subject to the proposal, including watersheds and vegetation types; (G) the working relationships between the Indian tribe and Federal agencies in coordinating activities affecting the land subject to the proposal; and (H) the access by members of the Indian tribe to the land subject to the proposal. (f) NO EFFECT ON EXISTING AUTHORITY.—Nothing in this Act— (1) prohibits, restricts, or otherwise adversely affects the participation of any Indian tribe in stewardship agreements or contracting under the authority of section 347 of the Depart ment 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 Appropriations Act, 2003 (117 Stat. 275)) or other authority invoked pursuant to this Act; or (2) invalidates any agreement or contract under that authority. (g) REPORT.—Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that

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