§3110. Tribal forestry programs (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). (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. (Pub. L. 101–630, title III, §311, Nov. 28, 1990, 104 Stat. 4538.) §3111. Assessment of Indian forest land and management programs (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) which shall include analyses measured against findings in previous assessments.
Appendix i – National Indian Forest Resources Management Act Statute Legal Authority A-7
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