Page 655 TITLE 25—INDIANS § 3109

(Pub. L. 101–630, title III, §306, Nov. 28, 1990, 104

Stat. 4536.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3107 of this title.

§ 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) of this section 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 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.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715c of this title.

§ 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) of this section 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