US (United States) Code. Title 25. Chapter 33: National indian forest resources management

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES

MANAGEMENT 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-MISC1-

Sec.

3101. Findings.

3102. Purposes.

3103. Definitions.

3104. Management of Indian forest land.

(a) Management activities.

(b) Management objectives.

3105. Forest management deduction.

(a) Withholding of deduction.

(b) Amount of deduction.

(c) Use of deduction.

(d) Limitations.

3106. Forest trespass.

(a) Civil penalties; regulations.

(b) Treatment of proceeds.

(c) Concurrent jurisdiction.

3107. Direct payment of forest products receipts.

(a) Regulations.

(b) Payment into a bank depository.

3108. Secretarial recognition of tribal laws.

3109. Indian forest land assistance account.

(a) Establishment.

(b) Deposits and expenditures.

(c) Audits.

3110. Tribal forestry programs.

(a) Establishment.

(b) Support allocation formula; criteria.

3111. Assessment of Indian forest land and management

programs.

(a) Initial assessment.

(b) Periodic assessments.

(c) Status report to Congress.

(d) Assistance from Secretary of Agriculture.

3112. Alaska Native technical assistance program.

(a) Establishment.

(b) Indian Self-Determination Act.

3113. Establishment of Indian and Alaska Native forestry

education assistance.

(a) Forester intern program.

(b) Cooperative education program.

(c) Scholarship program.

(d) Forestry education outreach.

(e) Adequacy of programs.

3114. Postgraduation recruitment, education and training

programs.

(a) Postgraduation recruitment.

(b) Postgraduate intergovernmental internships.

(c) Continuing education and training.

3115. Cooperative agreement between Department of the

Interior and Indian tribes.

(a) Cooperative agreements.

(b) Supervision.

(c) Savings provision.

3116. Obligated service; breach of contract.

(a) Obligated service.

(b) Breach of contract; repayment.

3117. Authorization of appropriations.

3118. Regulations.

3119. Severability.

3120. Trust responsibility.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 715c of this title.

-End-

-CITE-

25 USC Sec. 3101 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3101. Findings

-STATUTE-

The Congress finds and declares that -

(1) the forest lands of Indians are among their most valuable

resources and Indian forest lands -

(A) encompass more than 15,990,000 acres, including more than

5,700,000 acres of commercial forest land and 8,700,000 acres

of woodland,

(B) are a perpetually renewable and manageable 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 responsibility toward Indian

forest lands;

(3) existing Federal laws do not sufficiently assure the

adequate and necessary trust management of Indian forest lands;

(4) the Federal investment in, and the management of, Indian

forest land is significantly below the level of investment in,

and management 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.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 302, Nov. 28, 1990, 104 Stat.

4532.)

-MISC1-

SHORT TITLE

Section 301 of title III of Pub. L. 101-630 provided that: "This

title [enacting this chapter] may be cited as the 'National Indian

Forest Resources Management Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3108 of this title.

-End-

-CITE-

25 USC Sec. 3102 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3102. Purposes

-STATUTE-

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' beneficial 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 management activities, and

assure that no other deductions shall be collected;

(3) increase the number of professional Indian foresters and

related staff in forestry programs on Indian forest land; and

(4) provide for the authorization of necessary appropriations

to carry out this chapter for the protection, conservation,

utilization, management, and enhancement of Indian forest lands.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 303, Nov. 28, 1990, 104 Stat.

4532.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3108 of this title.

-End-

-CITE-

25 USC Sec. 3103 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3103. Definitions

-STATUTE-

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 exclusive nonforest use;

(3) "Indian forest land" means Indian lands, including

commercial and non-commercial timberland and woodland, that are

considered chiefly valuable for the production of forest products

or to maintain watershed or other land values enhanced by a

forest cover, regardless whether a formal inspection and land

classification action has been taken;

(4) "forest land management activities" means all activities

performed in the management of Indian forest lands, including -

(A) all aspects of program administration and executive

direction such as -

(i) development and maintenance of policy and operational

procedures, program oversight, and evaluation,

(ii) securing of legal assistance and handling of legal

matters,

(iii) budget, finance, and personnel management, and

(iv) development and maintenance of necessary data bases

and program reports;

(B) all aspects of the development, preparation and revision

of forest inventory and management plans, including aerial

photography, mapping, field management inventories and

re-inventories, inventory analysis, growth studies, allowable

annual cut calculations, environmental assessment, and forest

history, consistent with and reflective of tribal integrated

resource management plans;

(C) forest land development, including forestation, thinning,

tree improvement activities, and the use of silvicultural

treatments to restore or increase growth and yield to the full

productive capacity of the forest environment;

(D) protection against losses from wildfire, including

acquisition and maintenance of fire fighting equipment and fire

detection systems, construction of firebreaks, hazard

reduction, prescribed burning, and the development of

cooperative wildfire management agreements;

(E) protection against insects and disease, including -

(i) all aspects of detection and evaluation,

(ii) preparation of project proposals containing project

description, environmental assessments and statements, and

cost-benefit analyses necessary to secure funding,

(iii) field suppression operations, and

(iv) reporting;

(F) assessment of damage caused by forest trespass,

infestation or fire, including field examination and survey,

damage appraisal, investigation assistance, and report, demand

letter, and testimony preparation;

(G) all aspects of the preparation, administration, and

supervision of timber sale contracts, paid and free use

permits, and other Indian forest product harvest sale documents

including -

(i) cruising, product marking, silvicultural prescription,

appraisal and harvest supervision,

(ii) forest product marketing assistance, including

evaluation of marketing and development opportunities related

to Indian forest products and consultation and advice to

tribes, tribal and Indian enterprises on maximization of

return on forest products,

(iii) archeological, historical, environmental and other

land management reviews, clearances, and analyses,

(iv) advertising, executing, and supervising contracts,

(v) marking and scaling of timber, and

(vi) collecting, recording and distributing receipts from

sales;

(H) provision of financial assistance for the education of

Indians enrolled in accredited programs of postsecondary and

postgraduate forestry and forestry-related fields of study,

including the provision of scholarships, internships,

relocation assistance, and other forms of assistance to cover

educational expenses;

(I) participation in the development and implementation of

tribal integrated resource management plans, including

activities to coordinate current and future multiple uses of

Indian forest lands;

(J) improvement and maintenance of extended season primary

and secondary Indian forest land road systems; and

(K) research activities to improve the basis for determining

appropriate management measures to apply to Indian forest

lands;

(5) "forest management plan" means the principal document,

approved by the Secretary, reflecting and consistent with a

tribal integrated resource management plan, which provides for

the regulation of the detailed, multiple-use operation of Indian

forest land by methods assuring that such lands remain in a

continuously productive state while meeting the objectives of the

tribe and which shall include -

(A) standards setting forth the funding and staffing

requirements necessary to carry out each management plan, with

a report of current forestry funding and staffing levels; and

(B) standards providing quantitative criteria to evaluate

performance against the objectives set forth in the plan;

(6) "forest product" means -

(A) timber,

(B) a timber product, including lumber, lath, crating, ties,

bolts, logs, pulpwood, fuelwood, posts, poles and split

products,

(C) bark,

(D) Christmas trees, stays, branches, firewood, berries,

mosses, pinyon nuts, roots, acorns, syrups, wild rice, and

herbs,

(E) other marketable material, and

(F) gravel which is extracted from, and utilized on, Indian

forest lands;

(7) "forest resources" means all the benefits derived from

Indian forest lands, including forest products, soil

productivity, water, fisheries, wildlife, recreation, and

aesthetic or other traditional values of Indian forest lands;

(8) "forest trespass" means the act of illegally removing

forest products from, or illegally damaging forest products on,

forest lands;

(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 Indian, an individual

of Indian or Alaska Native ancestry who is not a member of a

federally-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 Indian tribe, band,

nation, Pueblo or other organized group or community which is

recognized as eligible for the special programs and services

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 reservations established

pursuant to treaties, Acts of Congress or Executive orders,

public domain Indian allotments, and former Indian reservations

in Oklahoma;

(13) "Secretary" means the Secretary of the Interior;

(14) "sustained yield" means the yield of forest products that

a forest can produce continuously at a given intensity of

management; and

(15) "tribal integrated resource management plan" means a

document, approved by an Indian tribe and the Secretary, which

provides coordination for the comprehensive management of such

tribe's natural resources.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 304, Nov. 28, 1990, 104 Stat.

4533.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3703 of this title.

-End-

-CITE-

25 USC Sec. 3104 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3104. Management of Indian forest land

-STATUTE-

(a) Management activities

The Secretary shall undertake forest land management activities

on Indian forest land, either directly or through contracts,

cooperative agreements, or grants under the Indian

Self-Determination Act [25 U.S.C. 450f et seq.].

(b) Management objectives

Indian forest land management activities undertaken by the

Secretary shall be designed to achieve the following objectives -

(1) the development, maintenance, and enhancement of Indian

forest land in a perpetually 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 management and protection through the application of

sound silvicultural and economic principles 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 participation of the appropriate Indian tribe,

of forest management plans which are supported by written tribal

objectives and forest marketing programs;

(3) the regulation of Indian forest lands in a manner that will

ensure the use of good method and order in harvesting so as to

make possible, 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 Indians and Indian tribes to promote

self-sustaining communities, so that Indians may receive 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 Indian forest lands of regulating water

run-off and minimizing soil erosion; and

(7) the maintenance and improvement of timber productivity,

grazing, wildlife, fisheries, recreation, aesthetic, cultural and

other traditional values.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 305, Nov. 28, 1990, 104 Stat.

4535.)

-REFTEXT-

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, as amended,

which is classified principally to part A (Sec. 450f et seq.) of

subchapter II of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 450 of this title and Tables.

-End-

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25 USC Sec. 3105 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3105. Forest management deduction

-STATUTE-

(a) Withholding of deduction

Pursuant to the authority of section 413 of this title, 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) of this section 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.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 306, Nov. 28, 1990, 104 Stat.

4536.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3107 of this title.

-End-

-CITE-

25 USC Sec. 3106 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3106. Forest trespass

-STATUTE-

(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 commission 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

appraisal, investigation assistance and reports, witness

expenses, demand letters, court costs, and attorney fees;

(2) designate responsibility with the Department of the

Interior for the detection and investigation of forest trespass;

and

(3) set forth responsibilities and procedures for the

assessment and collection of civil penalties.

(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 promulgated by the

Secretary pursuant to subsection (a) of this section shall have

concurrent civil jurisdiction to enforce the provisions of this

section and the regulation promulgated thereunder. The Bureau of

Indian Affairs and other agencies of the Federal Government shall,

at the request of the tribe, defer to tribal prosecutions of forest

trespass 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.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 307, Nov. 28, 1990, 104 Stat.

4537.)

-End-

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25 USC Sec. 3107 01/06/03

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TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3107. Direct payment of forest products receipts

-STATUTE-

(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, into a bank

depository account designated by such Indian tribe.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 308, Nov. 28, 1990, 104 Stat.

4537.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715c of this title.

-End-

-CITE-

25 USC Sec. 3108 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3108. Secretarial recognition of tribal laws

-STATUTE-

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, including laws

regulating the environment or historic or cultural preservation,

and shall cooperate 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 persons or entities

undertaking activities on Indian forest lands; and

(3) upon the request of an Indian tribe, the appearance in

tribal forums.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 309, Nov. 28, 1990, 104 Stat.

4538.)

-End-

-CITE-

25 USC Sec. 3109 01/06/03

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TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3109. Indian forest land assistance account

-STATUTE-

(a) Establishment

At the request of an Indian tribe, the Secretary may establish a

special Indian forest land assistance account within the tribe's

trust fund account to fund the Indian forest land management

activities of such tribe.

(b) Deposits and expenditures

(1) The Secretary may deposit into the Indian forest land

assistance account established pursuant to subsection (a) of this

section any funds received by the Secretary or in the Secretary's

possession from -

(A) non-Federal sources, if such funds are related 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 otherwise authorized by Federal law

and, if such funds are related to activities on or for the Indian

forest lands of such tribe's reservation.

Funds deposited in such account shall be for the purpose of

conducting forest land management activities on the Indian forest

lands of such tribe.

(2) Funds in the Indian forest land assistance account and any

interest or other income earned thereon shall remain available

until expended and shall not be available to otherwise offset

Federal appropriations for meeting the Federal responsibility for

management of Indian forest lands.

(c) Audits

At the request of an Indian tribe or upon the Secretary's own

volition, the Secretary may conduct audits of the Indian forest

land assistance account and shall publish the results of such

audit.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 310, Nov. 28, 1990, 104 Stat.

4538.)

-End-

-CITE-

25 USC Sec. 3110 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3110. Tribal forestry programs

-STATUTE-

(a) Establishment

The Secretary shall establish within the Bureau of Indian Affairs

a program to provide financial support to forestry programs

established by an Indian tribe.

(b) Support allocation formula; criteria

(1) The Secretary, with the participation of Indian tribes with

Indian forest lands, shall establish, and promulgate by

regulations, a formula -

(A) for the determination of Indian tribes eligible for such

support,

(B) for the provision of levels of assistance for the forestry

programs of such tribes, and

(C) the allocation of base support funds to such tribes under

the program established pursuant to subsection (a) of this

section.

(2) The formula established pursuant to this subsection shall

provide funding necessary to support -

(A) one professional forester, including fringe benefits and

support costs, for each eligible tribe, and

(B) one additional professional forester or forest technician,

including fringe benefits and support costs, for each level of

assistance for which an eligible Indian tribe qualifies.

(3) In any fiscal year that appropriations are not sufficient to

fully fund tribal forestry programs at each level of assistance

under the formula required to be established in this section,

available funds for each level of assistance shall be evenly

divided among the tribes qualifying for that level of assistance.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 311, Nov. 28, 1990, 104 Stat.

4538.)

-End-

-CITE-

25 USC Sec. 3111 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3111. Assessment of Indian forest land and management programs

-STATUTE-

(a) Initial assessment

(1) Within 1 year after November 28, 1990, the Secretary, in

consultation with affected Indian tribes, shall enter into a

contract with a non-Federal entity knowledgeable in forest

management practices on Federal and private lands to conduct an

independent assessment of Indian forest lands and Indian forest

land management practices.

(2) Such assessment shall be national in scope and shall include

-

(A) an in-depth analysis of management practices on, and the

level of funding for, specific Indian forest land compared with

similar Federal and private forest lands,

(B) a survey of the condition of Indian forest lands, including

health and productivity levels,

(C) an evaluation of the staffing patterns of forestry

organizations of the Bureau of Indian Affairs and of Indian

tribes,

(D) an evaluation of procedures employed in timber sales

administration, including preparation, field supervision, and

accountability for proceeds,

(E) an analysis of the potential for reducing or eliminating

relevant administrative procedures, rules and policies of the

Bureau of Indian Affairs consistent with the Federal trust

responsibility,

(F) a comprehensive review of the adequacy of Indian forest

land management plans, including their compatibility with

applicable tribal integrated resource management plans and their

ability to meet tribal needs and priorities,

(G) an evaluation of the feasibility and desirability of

establishing minimum standards against which the adequacy of the

forestry programs of the Bureau of Indian Affairs in fulfilling

its trust responsibility to Indian tribes can be measured, and

(H) a recommendation of any reforms and increased funding

levels necessary to bring Indian forest land management programs

to a state-of-the-art condition.

(3) Such assessment shall include specific examples and

comparisons from each of the regions of the United States where

Indian forest lands are located.

(4) The initial assessment required by this subsection shall be

completed no later than 36 months following November 28, 1990. Upon

completion, the assessment shall be submitted to the Committee on

Natural Resources of the United States House of Representatives and

the Committee on Indian Affairs of the United States Senate and

shall be made available to Indian tribes.

(b) Periodic assessments

On each 10-year anniversary of November 28, 1990, the Secretary

shall provide for an independent assessment of Indian forest lands

and Indian forest land management practices under the criteria

established in subsection (a) of this section which shall include

analyses measured against findings in previous assessments.

(c) Status report to Congress

The Secretary shall submit, within 1 year of the first full

fiscal year after November 28, 1990, and within 6 months of the end

of each succeeding fiscal year, a report to the Committee on

Natural Resources of the United States House of Representatives,

the Committee on Indian Affairs of the United States Senate, and to

the affected Indian tribes a report on the status of Indian forest

lands with respect to standards, goals and objectives set forth in

approved forest management plans for each Indian tribe with Indian

forest lands. The report shall identify the amount of Indian forest

land in need of forestation or other silviculture treatment and the

quantity of timber available for sale, offered for sale, and sold

for each Indian tribe.

(d) Assistance from Secretary of Agriculture

The Secretary of Agriculture, through the Forest Service, is

authorized to provide, upon the request of the Secretary of the

Interior, on a nonreimbursable basis, technical assistance in the

conduct of such research and evaluation activities as may be

necessary for the completion of any reports or assessments required

by this chapter.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 312, Nov. 28, 1990, 104 Stat.

4539; Pub. L. 103-437, Sec. 10(f), Nov. 2, 1994, 108 Stat. 4589.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(4). Pub. L. 103-437, Sec. 10(f)(1),

substituted "Committee on Indian" for "Select Committee on Indian"

and "Natural Resources" for "Interior and Insular Affairs".

Subsec. (c). Pub. L. 103-437, inserted "the" after "report to"

and substituted "Committee on Indian" for "Select Committee on

Indian" and "Natural Resources" for "Interior and Insular Affairs".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

25 USC Sec. 3112 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3112. Alaska Native technical assistance program

-STATUTE-

(a) Establishment

The Secretary, in consultation with the village and regional

corporations established pursuant to the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.), shall establish a program

of technical assistance for such corporations to promote the

sustained yield management of their forest resources. Such

technical assistance shall also be available to promote local

processing and other value-added activities with such forest

resources.

(b) Indian Self-Determination Act

The technical assistance to be provided by the Secretary pursuant

to subsection (a) of this section shall be made available through

contracts, grants or agreements entered into in accordance with,

and made available to entities eligible for, such contracts,

grants, or agreements under the Indian Self-Determination Act [25

U.S.C. 450f et seq.].

-SOURCE-

(Pub. L. 101-630, title III, Sec. 313, Nov. 28, 1990, 104 Stat.

4540.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(a), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

The Indian Self-Determination Act, referred to in subsec. (b), is

title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,

which is classified principally to part A (Sec. 450f et seq.) of

subchapter II of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 450 of this title and Tables.

-End-

-CITE-

25 USC Sec. 3113 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3113. Establishment of Indian and Alaska Native forestry

education assistance

-STATUTE-

(a) Forester intern program

(1) Notwithstanding the provisions of title 5 governing

appointments in the competitive service, the Secretary shall

establish and maintain in the Bureau of Indian Affairs at least 20

forester intern positions for Indian and Alaska Native students.

(2) For purposes of this subsection, the term "forester intern"

means an Indian or Alaska Native who -

(A) is acquiring necessary academic qualifications to become a

forester or a professional trained in forestry-related fields,

and

(B) is appointed to one of the positions established under

paragraph (1).

(3) The Secretary shall pay all costs for tuition, books, fees

and living expenses incurred by a forester intern while attending

an approved post-secondary or graduate school in a full-time

forestry-related curriculum.

(4) A forester intern shall be required to enter into an

obligated service agreement to serve as a professional forester or

other forestry-related professional with the Bureau of Indian

Affairs, an Indian tribe, or a tribal forest-related enterprise for

2 years for each year of education for which the Secretary pays the

intern's educational costs under paragraph (3) of this subsection.

(5) A forester intern shall be required to report for service

with the Bureau of Indian Affairs during any break in attendance at

school of more than 3 weeks duration. Time spent in such service

shall be counted toward satisfaction of the intern's obligated

service agreement.

(b) Cooperative education program

(1) The Secretary shall maintain, through the Bureau of Indian

Affairs, a cooperative education program for the purpose of

recruiting promising Indian and Alaska Native students who are

enrolled in secondary schools, tribally-controlled community

colleges, and other post-secondary or graduate schools for

employment as a professional forester or other forestry-related

professional with the Bureau of Indian Affairs, an Indian tribe, or

a tribal forest-related enterprise.

(2) The cooperative educational program that is to be maintained

under paragraph (1) shall be modeled on and shall have essentially

the same features of the program operated on November 28, 1990,

pursuant to chapter 308 of the Federal Personnel Manual of the

Office of Personnel Management.

(3) Under the cooperative agreement program that is to be

maintained under paragraph (1), the Secretary shall pay all costs

for tuition, books, and fees of an Indian or Alaska Native student

who -

(A) is enrolled in a course of study at an education

institution with which the Secretary has entered into a

cooperative agreement, and

(B) is interested in a career with the Bureau of Indian

Affairs, an Indian tribe or a tribal enterprise in the management

of Indian forest land.

(4) Financial need shall not be a requirement to receive

assistance under the cooperative agreement program that is to be

maintained under this subsection.

(5) A recipient of assistance under the cooperative education

program that is to be maintained under this subsection shall be

required to enter into an obligated service agreement to serve as a

professional forester or other forestry-related professional with

the Bureau of Indian Affairs, an Indian tribe, or a tribal

forest-related enterprise for one year for each year for which the

Secretary pays the recipient's educational costs pursuant to

paragraph (3).

(c) Scholarship program

(1) The Secretary is authorized to grant forestry scholarships to

Indians and Alaska Natives enrolled in accredited programs for

post-secondary and graduate forestry and forestry-related programs

of study as full-time students.

(2) A recipient of a scholarship under paragraph (1) shall be

required to enter into an obligated service agreement with the

Secretary in which the recipient agrees to accept employment for

one year for each year the recipient received a scholarship,

following completion of the recipient's forestry or

forestry-related course of study, with

(A) the Bureau of Indian Affairs;

(B) a forestry program conducted under a contract, grant, or

cooperative agreement entered into under the Indian

Self-Determination Act [25 U.S.C. 450f et seq.];

(C) an Indian enterprise engaged in a forestry or

forestry-related business; or

(D) an Indian tribe's forestry-related program.

(3) The Secretary shall not deny scholarship assistance under

this subsection solely on the basis of an applicant's scholastic

achievement if the applicant has been admitted to and remains in

good standing in an accredited postsecondary or graduate

institution.

(d) Forestry education outreach

The Secretary shall conduct, through the Bureau of Indian

Affairs, and in consultation with other appropriate local, State

and Federal agencies, and in consultation and coordination with

Indian tribes, a forestry education outreach program for Indian and

Alaska Native youth to explain and stimulate interest in all

aspects of Indian forest land management and careers in forestry.

(e) Adequacy of programs

The Secretary shall administer the programs described in this

section until a sufficient number of Indians and Alaska Natives are

trained to ensure that there is an adequate number of qualified,

professional Indian foresters to manage the Bureau of Indian

Affairs forestry programs and forestry programs maintained by or

for Indian tribes.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 314, Nov. 28, 1990, 104 Stat.

4540.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The Indian Self-Determination Act, referred to in subsec.

(c)(2)(B), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat.

2206, as amended, which is classified principally to part A (Sec.

450f et seq.) of subchapter II of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3731 of this title.

-End-

-CITE-

25 USC Sec. 3114 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3114. Postgraduation recruitment, education and training

programs

-STATUTE-

(a) Postgraduation recruitment

The Secretary shall establish and maintain a program to attract

Indian and Alaska Native professional foresters and forester

technicians who have already graduated from their course of

postsecondary or graduate education for employment in either the

Bureau of Indian Affairs forestry programs or, subject to the

approval of the tribe, in tribal forestry programs. According to

such regulations as the Secretary may prescribe, such program shall

provide for the employment of Indian and Alaska Native professional

foresters or forestry technicians in exchange for the Secretary's

assumption of the employee's outstanding student loans. The period

of employment shall be determined by the amount of the loan that is

assumed.

(b) Postgraduate intergovernmental internships

For the purposes of training, skill development and orientation

of Indian, Alaska native,(!1) and Federal forestry personnel, and

the enhancement of tribal and Bureau of Indian Affairs forestry

programs, the Secretary shall establish and actively conduct a

program for the cooperative internship of Federal, Indian, and

Alaska Native forestry personnel. Such program shall -

(1) for agencies within the Department of the Interior -

(A) provide for the internship of Bureau of Indian Affairs,

Alaska Native, and Indian forestry employees in the

forestry-related programs of other agencies of the Department

of the Interior, and

(B) provide for the internship of forestry personnel from

other Department of the Interior agencies within the Bureau of

Indian Affairs and, with the consent of the tribe, within

tribal forestry programs;

(2) for agencies not within the Department of the Interior,

provide, pursuant to an interagency agreement, internships within

the Bureau of Indian Affairs and, with the consent of the tribe,

within a tribal forestry program of other forestry personnel of

such agencies who are above their sixth year of Federal service;

(3) provide for the continuation of salary and benefits for

participating Federal employees by their originating agency;

(4) provide for salaries and benefits of participating Indian

and Alaska Native forestry employees by the host agency; and

(5) provide for a bonus pay incentive at the conclusion of the

internship for any participant.

(c) Continuing education and training

The Secretary shall maintain a program within the Division of

Forestry of the Bureau of Indian Affairs for the ongoing education

and training of Bureau of Indian Affairs, Alaska Native, and Indian

forestry personnel. Such program shall provide for -

(1) orientation training for Bureau of Indian Affairs forestry

personnel in tribal-Federal relations and responsibilities;

(2) continuing technical forestry education for Bureau of

Indian Affairs, Alaska Native, and tribal forestry personnel; and

(3) developmental training of Indian and Alaska Native

personnel in forest land based enterprises and marketing.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 315, Nov. 28, 1990, 104 Stat.

4542.)

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

25 USC Sec. 3115 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3115. Cooperative agreement between Department of the Interior

and Indian tribes

-STATUTE-

(a) Cooperative agreements

(1) To facilitate the administration of the programs and

activities of the Department of the Interior, the Secretary is

authorized to negotiate and enter into cooperative agreements with

Indian tribes to -

(A) engage in cooperative manpower and job training and

development programs,

(B) to develop and publish cooperative environmental education

and natural resource planning materials, and

(C) to perform land and facility improvements, including

forestry and other natural resources protection, fire protection,

reforestation, timber stand improvement, debris removal, and

other activities related to land and natural resource management.

The Secretary may enter into such agreements when the Secretary

determines the public interest will be benefited.

(2) In such cooperative agreements, the Secretary is authorized

to advance or reimburse funds to contractors from any appropriated

funds available for similar kinds of work or by furnishing or

sharing materials, supplies, facilities or equipment without regard

to the provisions of section 3324, title 31, relating to the

advance of public moneys.

(b) Supervision

In any agreement authorized by this section, Indian tribes and

their employees may perform cooperative work under the supervision

of the Department of the Interior in emergencies or otherwise as

mutually agreed to, but shall not be deemed to be Federal employees

other than for purposes of section (!1) 2671 through 2680 of title

28 and section (!1) 8101 through 8193 of title 5.

(c) Savings provision

Nothing in this chapter shall be construed to limit the authority

of the Secretary to enter into cooperative agreements otherwise

authorized by law.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 316, Nov. 28, 1990, 104 Stat.

4543.)

-FOOTNOTE-

(!1) So in original. Probably should be "sections".

-End-

-CITE-

25 USC Sec. 3116 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3116. Obligated service; breach of contract

-STATUTE-

(a) Obligated service

Where an individual enters into an agreement for obligated

service in return for financial assistance under any provision of

this chapter, the Secretary shall adopt such regulations as are

necessary to provide for the offer of employment to the recipient

of such assistance as required by such provision. Where an offer of

employment is not reasonably made, the regulations shall provide

that such service shall no longer be required.

(b) Breach of contract; repayment

Where an individual fails to accept a reasonable offer of

employment in fulfillment of such obligated service or unreasonably

terminates or fails to perform the duties of such employment, the

Secretary shall require a repayment of the financial assistance

provided, prorated for the amount of time of obligated service

performed, together with interest on such amount which would be

payable if at the time the amounts were paid they were loans

bearing interest at the maximum legal prevailing rate, as

determined by the Treasurer of the United States.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 317, Nov. 28, 1990, 104 Stat.

4544.)

-End-

-CITE-

25 USC Sec. 3117 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3117. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this chapter.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 318, Nov. 28, 1990, 104 Stat.

4544.)

-End-

-CITE-

25 USC Sec. 3118 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3118. Regulations

-STATUTE-

Except as otherwise provided by this chapter, the Secretary is

directed to promulgate final regulations for the implementation of

the (!1) chapter within eighteen months from November 28, 1990. All

regulations promulgated pursuant to this chapter shall be developed

by the Secretary with the participation of the affected Indian

tribes.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 319, Nov. 28, 1990, 104 Stat.

4544.)

-FOOTNOTE-

(!1) So in original. Probably should be "this".

-End-

-CITE-

25 USC Sec. 3119 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3119. Severability

-STATUTE-

If any provision of this chapter, or the application of any

provision of this chapter to any person or circumstance, is held

invalid, the application of such provision or circumstance and the

remainder of this chapter shall not be affected thereby.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 320, Nov. 28, 1990, 104 Stat.

4544.)

-End-

-CITE-

25 USC Sec. 3120 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

-HEAD-

Sec. 3120. Trust responsibility

-STATUTE-

Nothing in this chapter shall be construed to diminish or expand

the trust responsibility of the United States toward Indian forest

lands, or any legal obligation or remedy resulting therefrom.

-SOURCE-

(Pub. L. 101-630, title III, Sec. 321, Nov. 28, 1990, 104 Stat.

4544.)

-End-