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25 U.S.C. § 3115a — Tribal forest assets protection

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3115a — Tribal forest assets protection

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Stable record: federal_law:legal_authorities:record_usc_0263a8d9abe6e0f3ea346f87
Source file: Laws/federal/codes/united-states-code/title-25/section-3115a-tribal-forest-assets-protection--f971185a39.md
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Source location: Title 25, Chapter 33, § 3115a; chapter-033-national-indian-forest-resources-management.md

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**(a) Definitions** In this Act: (1) **Federal land** — The term “Federal land” means— (A) land of the National Forest System (as defined in [section 1609(a) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1609/a&num=0&edition=prelim)) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in [section 1702 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702&num=0&edition=prelim)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) **Indian forest land or rangeland** — The term “Indian forest land or rangeland” means land that— (A) is held in trust by, or with a restriction against alienation by, the United States for an Indian tribe or a member of an Indian tribe; and (B) (i) (I) is Indian forest land (as defined in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3103&num=0&edition=prelim)); or (II) has a cover of grasses, brush, or any similar vegetation; or (ii) formerly had a forest cover or vegetative cover that is capable of restoration. (3) **Indian tribe** — The term “Indian tribe” has the meaning given the term in [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim). (4) **Secretary** — The term “Secretary” means— (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. **(b) Authority to protect Indian forest land or rangeland** (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 initiation 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2104&num=0&edition=prelim) 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 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 activities 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 jurisdiction 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; (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 rangeland 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 Department of the Interior and Related Agencies Appropriations Act, 1999 ([16 U.S.C. 2104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2104&num=0&edition=prelim) 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 July 22, 2004, the Secretary shall submit to Congress a report that describes the Indian tribal requests received and agreements or contracts that have been entered into under this Act.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1702 — Definitions

Without altering in any way the meaning of the following terms as used in any other statute, whether or not such statute is referred to in, or amended by, this Act, as used in this Act— **(a)** The term “areas of critical environmental concern” means areas within the public lands where special management attention is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or to protect life and safety from natural hazards. **(b)** The term “holder” means any State or local governmental entity, individual, partnership, corporation, association, or other business entity receiving or using a right-of-way under subchapter V of this chapter. **(c)** The term “multiple use” means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and nonrenewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the qual

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1702

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3103 — Definitions

For the purposes of this chapter, the term— (1) “Alaska Native” means Native as defined in [section 1602(b) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim); (2) “forest” means an ecosystem of at least one acre in size, including timberland and woodland, which— (A) is characterized by a more or less dense and extensive tree cover, (B) contains, or once contained, at least ten percent tree crown cover, and (C) is not developed or planned for exclusive nonforest use; (3) “Indian forest land” means Indian lands, including commercial and non-commercial timberland and woodland, that are considered chiefly valuable for the production of forest products or to maintain watershed or other land values enhanced by a forest cover, regardless whether a formal inspection and land classification action has been taken; (4) “forest land management activities” means all activities performed in the management of Indian forest lands, including— (A) all aspects of program administration and executive direction such as— (i) development and maintenance of policy and operational procedures, program oversight, and evaluation, (ii) securing of legal assistance and handling of legal matters, (iii) budget, finance, and personnel management, and (iv) development and maintenance of necessary data bases and program reports; (B) all aspects of the development, preparation and revision of forest inventory and management plans, including aerial photography, mapping, field management inventories and re-inventories, inventory analysis, growth studies, allowable annual cut calculations, environmental assessment, and forest history, consistent with and reflective of tribal integrated resource manageme

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3103

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6591c — Designation of treatment areas

**(a) Definition of declining forest health** In this section, the term “declining forest health” means a forest that is experiencing— (1) substantially increased tree mortality due to insect or disease infestation; or (2) dieback due to infestation or defoliation by insects or disease. **(b) Designation of treatment areas** (1) **Initial areas** — Not later than 60 days after February 7, 2014, the Secretary shall, if requested by the Governor of the State, designate as part of an insect and disease treatment program 1 or more landscape-scale areas, such as subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey), in at least 1 national forest in each State that is experiencing an insect or disease epidemic. (2) **Additional areas** — After the end of the 60-day period described in paragraph (1), the Secretary may designate additional landscape-scale areas under this section as needed to address insect or disease threats. **(c) Requirements** To be designated a landscape-scale area under subsection (b), the area shall be— (1) experiencing declining forest health, based on annual forest health surveys conducted by the Secretary; (2) at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or (3) in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety. **(d) Treatment of areas** (1) **In general** — The Secretary may carry out priority projects on Federal land in the areas designated under subsection (b)— (A) to reduce the risk or extent of, or increase the resilience

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6591c

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2104 — Forest health protection

**(a) In general** The Secretary may protect trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and, in cooperation with others, on other lands in the United States, from natural and man-made causes, to— (1) enhance the growth and maintenance of trees and forests; (2) promote the stability of forest-related industries and employment associated therewith through the protection of forest resources; (3) aid in forest fire prevention and control; (4) conserve forest cover on watersheds, shelterbelts, and windbreaks; (5) protect outdoor recreation opportunities and other forest resources; and (6) extend timber supplies by protecting wood products, stored wood, and wood in use. **(b) Activities** Subject to subsections (c), (d), and (e) and to such other conditions the Secretary may prescribe, the Secretary may, directly on the National Forest System, in cooperation with other Federal departments on other Federal lands, and in cooperation with State foresters, or equivalent State officials, subdivisions of States, agencies, institutions, organizations, or individuals on non-Federal lands— (1) conduct surveys to detect and appraise insect infestations and disease conditions and man-made stresses affecting trees and establish a monitoring system throughout the forests of the United States to determine detrimental changes or improvements that occur over time, and report annually concerning such surveys and monitoring; (2) determine the biological, chemical, and mechanical measures necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees; (3) plan, organize, direct, and perform measures the Secretary determines necess

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2104

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1600 — Congressional findings

The Congress finds that— (1) the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time; (2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation’s renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated; (3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation’s public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; [16 U.S.C. 528–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)), and public participation in the development of the program; (4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation’s renewable resources; (5) inasmuch as the majority of the Nation’s forests and rangeland is under private, State, and local governmental management and the Nation’s major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3101 — Findings

The Congress finds and declares that— (1) the forest lands of Indians are among their most valuable resources and Indian forest lands— (A) encompass more than 15,990,000 acres, including more than 5,700,000 acres of commercial forest land and 8,700,000 acres of woodland, (B) are a perpetually renewable and manageable resource, (C) provide economic benefits, including income, employment, and subsistence, and (D) provide natural benefits, including ecological, cultural, and esthetic values; (2) the United States has a trust responsibility toward Indian forest lands; (3) existing Federal laws do not sufficiently assure the adequate and necessary trust management of Indian forest lands; (4) the Federal investment in, and the management of, Indian forest land is significantly below the level of investment in, and management of, National Forest Service forest land, Bureau of Land Management forest land, or private forest land; (5) tribal governments make substantial contributions to the overall management of Indian forest land; and (6) there is a serious threat to Indian forest lands arising from trespass and unauthorized harvesting of Indian forest land resources.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3101

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3115b — Tribal forest management demonstration project

**(a) In general** The Secretary of the Interior and the Secretary may carry out demonstration projects by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 ([25 U.S.C. 3115a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3115a&num=0&edition=prelim) et seq.) through contracts entered into under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim) et seq.). **(b) Requirements** With respect to any contract or project carried out under subsection (a)— (1) on National Forest System land, the Secretary shall carry out all functions delegated to the Secretary of the Interior under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim) et seq.); (2) the Secretary or the Secretary of the Interior, as applicable, shall make any decisions required to be made under— (A) the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.); and (B) the Tribal Forest Protection Act of 2004 ([25 U.S.C. 3115a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3115a&num=0&edition=prelim) et seq.); and (3) the contract or project shall be entered into under, and in accordance with, section 403(b)(2) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5363(b)(2)](https://uscode.house.gov/view.xhtml?req=granul

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3115b

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2104 — Forest health protection

Page 2153 TITLE 16—CONSERVATION § 2104 forest land play an essential role in protecting public water supplies; ‘‘(5) forest parcels owned by local governmental en- tities and nonprofit organizations are providing im- portant demonstration sites for private landowners to learn forest management techniques; ‘‘(6) throughout the United States, communities of diverse types and sizes are deriving significant finan- cial and community benefits from managing forest land owned by local governmental entities for timber and other forest products; and ‘‘(7) there is an urgent need for local governmental entities to be able to leverage financial resources in order to purchase important parcels of privately- owned forest land as the parcels are offered for sale.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] § 2104. Forest health protection (a) In general The Secretary may protect trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and, in cooperation with others, on other lands in the United States, from natural and man-made causes, to— (1) enhance the growth and maintenance of trees and forests; (2) promote the stability of forest-related in- dustries and employment associated therewith through the protection of forest resources; (3) aid in forest fire prevention and control; (4) conserve forest cover on watersheds, shelterbelts, and windbreaks; (5) protect outdoor recreation opportunities and other forest resources; and (6) extend timber supplies by protecting wood products, stored wood, and wood in use. (b) Activities Subject to subsections (c), (

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2104

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3115a — Tribal forest assets protection

Page 555 TITLE 25—INDIANS § 3115a 1 So in original. Probably should be ‘‘sections’’. ing of Bureau of Indian Affairs, Alaska Native, and Indian forestry personnel. Such program shall provide for— (1) orientation training for Bureau of Indian Affairs forestry personnel in tribal-Federal re- lations and responsibilities; (2) continuing technical forestry education for Bureau of Indian Affairs, Alaska Native, and tribal forestry personnel; and (3) developmental training of Indian and Alaska Native personnel in forest land based enterprises and marketing. (Pub. L. 101–630, title III, § 315, Nov. 28, 1990, 104 Stat. 4542.) § 3115. Cooperative agreement between Depart- ment of the Interior and Indian tribes (a) Cooperative agreements (1) To facilitate the administration of the pro- grams and activities of the Department of the Interior, the Secretary is authorized to nego- tiate and enter into cooperative agreements with Indian tribes to— (A) engage in cooperative manpower and job training and development programs, (B) to develop and publish cooperative envi- ronmental education and natural resource planning materials, and (C) to perform land and facility improve- ments, including forestry and other natural resources protection, fire protection, reforest- ation, timber stand improvement, debris re- moval, and other activities related to land and natural resource management. The Secretary may enter into such agreements when the Secretary determines the public inter- est will be benefited. (2) In such cooperative agreements, the Sec- retary is authorized to advance or reimburse funds to contractors from any appropriated funds available for similar kinds of work or by furnishing or sharing materials, supplies, facili- ties or equipment without regard

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3115a

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