“(2) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. “(e) Implementation.—The Secretary shall— “(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section [Dec. 18, 2018]; and “(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. “(f) Report.—Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
“(1) each individual tribal application received under this section; and “(2) each contract and agreement entered into pursuant to this section.
“(g) Incorporation of Management Plans.—In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the maximum extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. “(h) Term.—A contract or agreement entered into under this section— “(1) shall be for a term of not more than 20 years; and “(2) may be renewed in accordance with this section for not more than an additional 10 years.” [For definitions of terms used in section 3 of Pub. L. 108–278, set out above, see section 3115a(a) of this title.] DEFINITION OF “SECRETARY” “Secretary” as meaning the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of Title 7, Agriculture. §3116. Obligated service; breach of contract (a) Obligated service Where an individual enters into an agreement for obligated service in return for financial assistance under any provision of this chapter, the Secretary shall adopt such regulations as are necessary to provide for the offer of employment to the recipient of such assistance as required by such provision. Where an offer of employment is not reasonably made, the regulations shall provide that such service shall no longer be required. (b) Breach of contract; repayment Where an individual fails to accept a reasonable offer of employment in fulfillment of such obligated service or unreasonably terminates or fails to perform the duties of such employment, the Secretary shall require a repayment of the financial assistance provided, prorated for the amount of time of obligated service performed, together with interest on such amount which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. (Pub. L. 101–630, title III, §317, Nov. 28, 1990, 104 Stat. 4544.) §3117. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this chapter. (Pub. L. 101–630, title III, §318, Nov. 28, 1990, 104 Stat. 4544.) §3118. Regulations Except as otherwise provided by this chapter, the Secretary is directed to promulgate final regulations for the implementation of the 1 chapter within eighteen months from November 28, 1990. All regulations promulgated pursuant to this chapter shall be developed by the Secretary with the participation of the affected Indian tribes. (Pub. L. 101–630, title III, §319, Nov. 28, 1990, 104 Stat. 4544.) 1 So in original. Probably should be “this”.
A-16 Assessment of Indian Forests and Forest Management in the United States
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