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 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) 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. (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 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) 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
Appendix i – National Indian Forest Resources Management Act Statute Legal Authority A-5
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