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25 U.S.C. § 3105 — Forest management deduction

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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Stable record: federal_law:legal_authorities:record_usc_b7a3a93ed186a705236e7c4c
Source file: Laws/federal/codes/united-states-code/title-25/section-3105-forest-management-deduction--10e029516d.md
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Source location: Title 25, Chapter 33, § 3105; chapter-033-national-indian-forest-resources-management.md

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**(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 lands shall be collected to be covered into the general funds of the United States Treasury.

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

25 U.S.C. § 413 — Fees to cover cost of work performed for Indians

The Secretary of the Interior is hereby authorized, in his discretion, and under such rules and regulations as he may prescribe, to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or for individual Indians, to be paid by vendees, lessees, or assignees, or deducted from the proceeds of sale, leases, or other sources of revenue: Provided, That the amounts so collected shall be covered into the Treasury as miscellaneous receipts, except when the expenses of the work are paid from Indian tribal funds, in which event they shall be credited to such funds.

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

25 U.S.C. § 3105 — Forest management deduction

Page 550 TITLE 25—INDIANS § 3104 (9) ‘‘Indian’’ means a member of an Indian tribe; (10) ‘‘Indian land’’ means land title to which is held by— (A) the United States in trust for an In- dian, an individual of Indian or Alaska Na- tive ancestry who is not a member of a fed- erally-recognized Indian tribe, or an Indian tribe, or (B) an Indian, an individual of Indian or Alaska Native ancestry who is not a member of a federally recognized tribe, or an Indian tribe subject to a restriction by the United States against alienation; (11) ‘‘Indian tribe’’ or ‘‘tribe’’ means any In- dian tribe, band, nation, Pueblo or other orga- nized group or community which is recognized as eligible for the special programs and serv- ices provided by the United States to Indians because of their status as Indians and shall mean, where appropriate, the recognized tribal government of such tribe’s reservation; (12) ‘‘reservation’’ includes Indian reserva- tions established pursuant to treaties, Acts of Congress or Executive orders, public domain Indian allotments, and former Indian reserva- tions in Oklahoma; (13) ‘‘Secretary’’ means the Secretary of the Interior; (14) ‘‘sustained yield’’ means the yield of for- est products that a forest can produce continu- ously at a given intensity of management; and (15) ‘‘tribal integrated resource management plan’’ means a document, approved by an In- dian tribe and the Secretary, which provides coordination for the comprehensive manage- ment of such tribe’s natural resources. (Pub. L. 101–630, title III, § 304, Nov. 28, 1990, 104 Stat. 4533.) § 3104. Management of Indian forest land (a) Management activities The Secretary shall undertake forest land management activities on Indian forest land, ei- ther directly or through contr

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