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

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

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Source location: Title 25, Chapter 33, § 3115b; chapter-033-national-indian-forest-resources-management.md

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

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

**(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

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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

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

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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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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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.

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

7 U.S.C. § 9001 — Implementation

**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title. **(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall— (1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that— (A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary— (i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and (ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture; (B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login; (C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of

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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

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

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

Page 556 TITLE 25—INDIANS § 3115b carry out activities to achieve land manage- ment goals for Federal land that is— (A) under the jurisdiction of the Secretary; and (B) bordering or adjacent to the Indian for- est 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 Man- agement; (2) Forest Service or Bureau of Land Man- agement land bordering on or adjacent to the Indian forest land or rangeland under the ju- risdiction 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 activi- ties; (3) the agreement or contracting activities applied for by the Indian tribe are not already covered by a stewardship contract or other in- strument 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 fea- ture or circumstance unique to that Indian tribe (including treaty rights or biological, ar- chaeological, historical, or cultural cir- cumstances). (d) Notice of denial If the Secretary denies a tribal request under subsection (b)(1), the Secretary may issue a no- tice of denial to the Indian tribe, which— (1) identifies the specific factors that caused, and explains the reasons that support, the de- nial; (2) identifies potential courses of action for overcomin

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

25 U.S.C. § 5304 — Definitions

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Manage

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