IFMAT-IV Report

§3115. Cooperative agreement between Department of the Interior and Indian tribes (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. (Pub. L. 101–630, title III, §316, Nov. 28, 1990, 104 Stat. 4543.) 1 So in original. Probably should be “sections”.

§3115a. Tribal forest assets protection (a) Definitions In this Act: (1) Federal land The term “Federal land” means—

(A) land of the National Forest System (as defined in section 1609(a) of title 16) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in section 1702 of title 43), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Indian forest land or rangeland The term “Indian forest land or rangeland” means land that— (A) is held in trust by, or with a restriction against alienation by, the United States for an Indian tribe or a member of an Indian tribe; and (B)(i)(I) is Indian forest land (as defined in section 3103 of this title); or (II) has a cover of grasses, brush, or any similar vegetation; or (ii) formerly had a forest cover or vegetative cover that is capable of restoration. (3) Indian tribe The term “Indian tribe” has the meaning given the term in section 5304 of this title. (4) Secretary The term “Secretary” means— (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.

Appendix i – National Indian Forest Resources Management Act Statute Legal Authority A-11

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