§ 3110 TITLE 25—INDIANS Page 656

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.)

§ 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) of this section.

(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 nonFederal 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) of this

section which shall include analyses measured

against findings in previous assessments.

(c) Status report to Congress

The Secretary shall submit, within 1 year of

the first full fiscal year after November 28, 1990,

and within 6 months of the end of each succeeding fiscal year, a report to the Committee on

Natural Resources of the United States House of

Representatives, the Committee on Indian Affairs of the United States Senate, and to the affected Indian tribes a report on the status of Indian forest lands with respect to standards,

goals and objectives set forth in approved forest

management plans for each Indian tribe with Indian forest lands. The report shall identify the

amount of Indian forest land in need of forestation or other silviculture treatment and the

quantity of timber available for sale, offered for

sale, and sold for each Indian tribe.

(d) Assistance from Secretary of Agriculture

The Secretary of Agriculture, through the

Forest Service, is authorized to provide, upon

the request of the Secretary of the Interior, on

a nonreimbursable basis, technical assistance in

the conduct of such research and evaluation activities as may be necessary for the completion

of any reports or assessments required by this

chapter.