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- alties. (b) Treatment of proceeds The proceeds of civil penalties collected under this section shall be treated as proceeds from the sale of forest products from the Indian forest lands upon which such trespass occurred. (c) Concurrent jurisdiction Indian tribes which adopt the regulations pro- mulgated by the Secretary pursuant to sub- section (a) shall have concurrent civil jurisdic- tion to enforce the provisions of this section and the regulation promulgated thereunder. The Bu- reau of Indian Affairs and other agencies of the Federal Government shall, at the request of the tribe, defer to tribal prosecutions of forest tres- pass cases. Tribal court judgments regarding forest trespass shall be entitled to full faith and credit in Federal and State courts to the same extent as a Federal court judgment obtained under this section. (Pub. L. 101–630, title III, § 307, Nov. 28, 1990, 104 Stat. 4537.) § 3107. Direct payment of forest products receipts (a) Regulations Notwithstanding any other law, the Secretary shall, within 1 year from November 28, 1990, pro- mulgate 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 Sec- retary shall provide that the purchaser of the forest products of such tribe, which are har- vested under a timber sale contract, permit or other harvest sale document which has been ap- proved by the Secretary, shall make prompt di- rect payments of the gross proceeds of sales of such forest products, less any amounts seg- regated as forest management deductions pursu- ant to section 3105 of this title, into a bank de- pository account designated by such Indian tribe. (Pub. L. 101–630, title III, § 308, Nov. 28, 1990, 104 Stat. 4537.) § 3108. Secretarial recognition of tribal laws Subject to the Secretary’s responsibilities as reflected in sections 3101(2) and 3102(1) of this title and unless otherwise prohibited by Federal statutory law, the Secretary shall comply with tribal laws pertaining to Indian forest lands, in- cluding laws regulating the environment or his- toric or cultural preservation, and shall cooper- ate with the enforcement of such laws on Indian forest lands. Such cooperation shall include— (1) assistance in the enforcement of such laws; (2) provision of notice of such laws to per- sons or entities undertaking activities on In- dian forest lands; and (3) upon the request of an Indian tribe, the appearance in tribal forums. (Pub. L. 101–630, title III, § 309, Nov. 28, 1990, 104 Stat. 4538.) § 3109. Indian forest land assistance account (a) Establishment At the request of an Indian tribe, the Sec- retary may establish a special Indian forest land assistance account within the tribe’s trust fund account to fund the Indian forest land manage- ment activities of such tribe. (b) Deposits and expenditures (1) The Secretary may deposit into the Indian forest land assistance account established pur- suant to subsection (a) any funds received by the Secretary or in the Secretary’s possession from— (A) non-Federal sources, if such funds are re- lated to activities on or for the Indian forest lands of such tribe’s reservation, (B) donations and contributions, (C) unobligated forestry appropriations for the benefit of such Indian tribe, and (D) user fees or other funds transferred under Federal interagency agreements if oth- erwise authorized by Federal law and, if such funds are related to activities on or for the In- dian forest lands of such tribe’s reservation.