(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. (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, either directly or through contracts, cooperative agreements, or grants under the Indian Self-Determination Act [25 U.S.C. 5321 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. (Pub. L. 101–630, title III, §305, Nov. 28, 1990, 104 Stat. 4535.)
A-4 Assessment of Indian Forests and Forest Management in the United States
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