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25 U.S.C. § 3107 — Direct payment of forest products receipts

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

25 U.S.C. § 3107 — Direct payment of forest products receipts

**(a) Regulations** Notwithstanding any other law, the Secretary shall, within 1 year from November 28, 1990, promulgate regulations providing for the payment of the receipts from the sale of Indian forest products as provided in this section. **(b) Payment into a bank depository** Upon the request of an Indian tribe, the Secretary shall provide that the purchaser of the forest products of such tribe, which are harvested under a timber sale contract, permit or other harvest sale document which has been approved by the Secretary, shall make prompt direct payments of the gross proceeds of sales of such forest products, less any amounts segregated as forest management deductions pursuant to [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3105&num=0&edition=prelim), into a bank depository account designated by such Indian tribe.

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Source location: Title 25, Chapter 33, § 3107; 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. § 3105 — Forest management deduction

**(a) Withholding of deduction** Pursuant to the authority of [section 413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section413&num=0&edition=prelim), the Secretary shall withhold a reasonable deduction from the gross proceeds of sales of forest products harvested from Indian forest land under a timber sale contract, permit, or other harvest sale document, which has been approved by the Secretary, to cover in whole or part the cost of managing and protecting such Indian forest land. **(b) Amount of deduction** Deductions made pursuant to subsection (a) shall not exceed the lesser amount of— (1) 10 percent of gross proceeds, or (2) the percentage of gross proceeds collected on November 28, 1990, as forest management deductions by the Secretary on such sales of Indian forest products, unless the appropriate Indian tribe consents to an increase in the deductions. **(c) Use of deduction** The full amount of any deduction collected by the Secretary shall be expended according to an approved expenditure plan, approved by the Secretary and the appropriate Indian tribe, for the performance of forest land management activities on the reservation from which such deductions are collected and shall be made available to the tribe, upon its request, by contract or agreement for the performance of such activities. **(d) Limitations** (1) Forest management deductions withheld pursuant to this section shall not be available to— (A) cover the costs that are paid from funds appropriated specifically for fire suppression or pest control, or (B) otherwise offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands. (2) No other forest management deductions derived from Indian forest l

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

25 U.S.C. § 3107 — Direct payment of forest products receipts

Page 551 TITLE 25—INDIANS § 3109 performance of forest land management activi- ties on the reservation from which such deduc- tions are collected and shall be made available to the tribe, upon its request, by contract or agreement for the performance of such activi- ties. (d) Limitations (1) Forest management deductions withheld pursuant to this section shall not be available to— (A) cover the costs that are paid from funds appropriated specifically for fire suppression or pest control, or (B) otherwise offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands. (2) No other forest management deductions de- rived from Indian forest lands shall be collected to be covered into the general funds of the United States Treasury. (Pub. L. 101–630, title III, § 306, Nov. 28, 1990, 104 Stat. 4536.) § 3106. Forest trespass (a) Civil penalties; regulations Not later than 18 months from November 28, 1990, the Secretary shall issue regulations that— (1) establish civil penalties for the commis- sion of forest trespass which provide for— (A) collection of the value of the products illegally removed plus a penalty of double their value, (B) collection of the costs associated with damage to the Indian forest land caused by the act of trespass, and (C) collection of the costs associated with enforcement of the regulations, including field examination and survey, damage ap- praisal, investigation assistance and reports, witness expenses, demand letters, court costs, and attorney fees; (2) designate responsibility with the Depart- ment of the Interior for the detection and in- vestigation of forest trespass; and (3) set forth responsibilities and procedures for the assessment and collection of civil pen-

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