IFMAT-IV Report

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, 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. (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, 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. (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 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) 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. (Pub. L. 101–630, title III, §310, Nov. 28, 1990, 104 Stat. 4538.)

A-6 Assessment of Indian Forests and Forest Management in the United States

Made with FlippingBook interactive PDF creator