25 U.S.C. § 3078 — Regulations

Page 547 TITLE 25—INDIANS § 3078 1 See References in Text note below. § 3076. Native working group (a) In general The Secretary shall convene a Native working group consisting of not fewer than 12 representa- tives of Indian Tribes and Native Hawaiian orga- nizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawai- ian organizations, to advise the Federal Govern- ment in accordance with this section. (b) Recommendations The Native working group convened under subsection (a) may provide recommendations re- garding— (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other indi- viduals and non-Federal organizations that hold such tangible cultural heritage; and (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. (c) Requests The Native working group convened under subsection (a) may make formal requests to ini- tiate certain agency actions, including requests that— (1) the Department of Justice initiate judi- cial proceedings domestically or abroad to aid in the repatriation cultural items and archae- ological resources; and (2) the Department of State initiate dialogue through diplomatic channels to aid in that re- patriation. (d) Agency and committee assistance (1) In general On request by the Native working group con- vened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and as- sistance to the Native working group. (2) Description of agencies and committees The agencies and committees referred to in paragraph (1) are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland Security. (D) The Department of State. (E) The review committee established under section 3006(a) of this title. (F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114–151; 19 U.S.C. 2601 note). (G) Any other relevant Federal agency, committee, or working group. (e) Applicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Native working group convened under subsection (a). (Pub. L. 117–258, § 8, Dec. 21, 2022, 136 Stat. 2384.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. § 3077. Treatment under Freedom of Information Act (a) In general Except as provided in subsection (c), the fol- lowing information shall be exempt from disclo- sure under section 552 of title 5: (1) Information that a representative of an Indian Tribe or Native Hawaiian organiza- tion— (A) submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and (B) designates as sensitive or private ac- cording to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is de- nied under this chapter. (b) Applicability For purposes of subsection (a), this chapter shall be considered a statute described in sec- tion 552(b)(3)(B) of title 5. (c) Exception An Indian Tribe or Native Hawaiian organiza- tion may request and shall receive its own infor- mation, as described in subsection (a), from the Federal agency to which the Indian Tribe or Na- tive Hawaiian organization submitted the infor- mation. (Pub. L. 117–258, § 9, Dec. 21, 2022, 136 Stat. 2385.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables. An amendment made by this Act, referred to in sub- sec. (a)(1)(A), (2), means the amendment made by Pub. L. 117–258, which amended section 1170 of Title 18, Crimes and Criminal Procedure. § 3078. Regulations Not later than 1 year after December 21, 2022, the Secretary, in consultation with the Sec- retary of State, the Secretary of Homeland Se- curity, and the Attorney General, and after con- sultation with Indian Tribes and Native Hawai- ian organizations, shall promulgate rules and regulations to carry out this chapter. (Pub. L. 117–258, § 10, Dec. 21, 2022, 136 Stat. 2385.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Page 548 TITLE 25—INDIANS § 3079 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables. § 3079. Authorization of appropriations There is authorized to be appropriated to carry out this chapter $3,000,000 for each of fiscal years 2022 through 2027. (Pub. L. 117–258, § 11, Dec. 21, 2022, 136 Stat. 2385.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables. CHAPTER 33—NATIONAL INDIAN FOREST RESOURCES MANAGEMENT Sec. 3101. Findings. 3102. Purposes. 3103. Definitions. 3104. Management of Indian forest land. 3105. Forest management deduction. 3106. Forest trespass. 3107. Direct payment of forest products receipts. 3108. Secretarial recognition of tribal laws. 3109. Indian forest land assistance account. 3110. Tribal forestry programs. 3111. Assessment of Indian forest land and manage- ment programs. 3112. Alaska Native technical assistance program. 3113. Establishment of Indian and Alaska Native forestry education assistance. 3114. Postgraduation recruitment, education and training programs. 3115. Cooperative agreement between Department of the Interior and Indian tribes. 3115a. Tribal forest assets protection. 3115b. Tribal forest management demonstration project. 3116. Obligated service; breach of contract. 3117. Authorization of appropriations. 3118. Regulations. 3119. Severability. 3120. Trust responsibility. § 3101. Findings The Congress finds and declares that— (1) the forest lands of Indians are among their most valuable resources and Indian for- est lands— (A) encompass more than 15,990,000 acres, including more than 5,700,000 acres of com- mercial forest land and 8,700,000 acres of woodland, (B) are a perpetually renewable and man- ageable 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 responsi- bility toward Indian forest lands; (3) existing Federal laws do not sufficiently assure the adequate and necessary trust man- agement of Indian forest lands; (4) the Federal investment in, and the man- agement of, Indian forest land is significantly below the level of investment in, and manage- ment 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. (Pub. L. 101–630, title III, § 302, Nov. 28, 1990, 104 Stat. 4532.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–278, § 1, July 22, 2004, 118 Stat. 868, pro- vided that: ‘‘This Act [enacting section 3115a of this title and enacting provisions set out as a note under section 3115b of this title] may be cited as the ‘Tribal Forest Protection Act of 2004’.’’ SHORT TITLE Pub. L. 101–630, title III, § 301, Nov. 28, 1990, 104 Stat. 4532, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘National Indian Forest Resources Management Act’.’’ § 3102. Purposes The purposes of this chapter are to— (1) allow the Secretary of the Interior to take part in the management of Indian forest lands, with the participation of the lands’ ben- eficial owners, in a manner consistent with the Secretary’s trust responsibility and with the objectives of the beneficial owners; (2) clarify the authority of the Secretary to make deductions from the proceeds of sale of Indian forest products, assure the use of such deductions on the reservation from which they are derived solely for use in forest land man- agement activities, and assure that no other deductions shall be collected; (3) increase the number of professional In- dian foresters and related staff in forestry pro- grams on Indian forest land; and (4) provide for the authorization of necessary appropriations to carry out this chapter for the protection, conservation, utilization, man- agement, and enhancement of Indian forest lands. (Pub. L. 101–630, title III, § 303, Nov. 28, 1990, 104 Stat. 4532.) § 3103. Definitions For the purposes of this chapter, the term— (1) ‘‘Alaska Native’’ means Native as defined in section 1602(b) of title 43; (2) ‘‘forest’’ means an ecosystem of at least one acre in size, including timberland and woodland, which— (A) is characterized by a more or less dense and extensive tree cover, (B) contains, or once contained, at least ten percent tree crown cover, and (C) is not developed or planned for exclu- sive nonforest use; (3) ‘‘Indian forest land’’ means Indian lands, including commercial and non-commercial