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 contracts, cooperative agreements, or grants under the Indian Self-De- termination Act [25 U.S.C. 5321 et seq.]. (b) Management objectives Indian forest land management activities un- dertaken by the Secretary shall be designed to achieve the following objectives— (1) the development, maintenance, and en- hancement of Indian forest land in a perpet- ually productive state in accordance with the principles of sustained yield and with the standards and objectives set forth in forest management plans by providing effective man- agement and protection through the applica- tion of sound silvicultural and economic prin- ciples to— (A) the harvesting of forest products, (B) forestation, (C) timber stand improvement, and (D) other forestry practices; (2) the regulation of Indian forest lands through the development and implementation, with the full and active consultation and par- ticipation of the appropriate Indian tribe, of forest management plans which are supported by written tribal objectives and forest mar- keting programs; (3) the regulation of Indian forest lands in a manner that will ensure the use of good meth- od and order in harvesting so as to make pos- sible, on a sustained yield basis, continuous productivity and a perpetual forest business; (4) the development of Indian forest lands and associated value-added industries by Indi- ans and Indian tribes to promote self-sus- taining communities, so that Indians may re- ceive from their Indian forest land not only stumpage value, but also the benefit of all the labor and profit that such Indian forest land is capable of yielding; (5) the retention of Indian forest land in its natural state when an Indian tribe determines that the recreational, cultural, aesthetic, or traditional values of the Indian forest land represents the highest and best use of the land; (6) the management and protection of forest resources to retain the beneficial effects to In- dian forest lands of regulating water run-off and minimizing soil erosion; and (7) the maintenance and improvement of timber productivity, grazing, wildlife, fish- eries, recreation, aesthetic, cultural and other traditional values. (Pub. L. 101–630, title III, § 305, Nov. 28, 1990, 104 Stat. 4535.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 3105. Forest management deduction (a) Withholding of deduction Pursuant to the authority of section 413 of this title, the Secretary shall withhold a reason- able 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 ap- proved 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 Sec- retary and the appropriate Indian tribe, for the 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.