§ 3104 TITLE 25—INDIANS Page 654

(12) ‘‘reservation’’ includes Indian reservations established pursuant to treaties, Acts of

Congress or Executive orders, public domain

Indian allotments, and former Indian reservations in Oklahoma;

(13) ‘‘Secretary’’ means the Secretary of the

Interior;

(14) ‘‘sustained yield’’ means the yield of forest products that a forest can produce continuously at a given intensity of management; and

(15) ‘‘tribal integrated resource management

plan’’ means a document, approved by an Indian tribe and the Secretary, which provides

coordination for the comprehensive management of such tribe’s natural resources.

(Pub. L. 101–630, title III, §304, Nov. 28, 1990, 104

Stat. 4533.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3703 of this title.

§ 3104. Management of Indian forest land

(a) Management activities

The Secretary shall undertake forest land

management activities on Indian forest land, either directly or through contracts, cooperative

agreements, or grants under the Indian Self-Determination Act [25 U.S.C. 450f et seq.].

(b) Management objectives

Indian forest land management activities

undertaken by the Secretary shall be designed

to achieve the following objectives—

(1) the development, maintenance, and enhancement of Indian forest land in a perpetually productive state in accordance with the

principles of sustained yield and with the

standards and objectives set forth in forest

management plans by providing effective management and protection through the application of sound silvicultural and economic principles to—

(A) the harvesting of forest products,

(B) forestation,

(C) timber stand improvement, and

(D) other forestry practices;

(2) the regulation of Indian forest lands

through the development and implementation,

with the full and active consultation and participation of the appropriate Indian tribe, of

forest management plans which are supported

by written tribal objectives and forest marketing programs;

(3) the regulation of Indian forest lands in a

manner that will ensure the use of good method and order in harvesting so as to make possible, on a sustained yield basis, continuous

productivity and a perpetual forest business;

(4) the development of Indian forest lands

and associated value-added industries by Indians and Indian tribes to promote self-sustaining communities, so that Indians may receive

from their Indian forest land not only stumpage value, but also the benefit of all the labor

and profit that such Indian forest land is capable of yielding;

(5) the retention of Indian forest land in its

natural state when an Indian tribe determines

that the recreational, cultural, aesthetic, or

traditional values of the Indian forest land

represents the highest and best use of the

land;

(6) the management and protection of forest

resources to retain the beneficial effects to Indian forest lands of regulating water run-off

and minimizing soil erosion; and

(7) the maintenance and improvement of

timber productivity, grazing, wildlife, fisheries, recreation, aesthetic, cultural and other

traditional values.

(Pub. L. 101–630, title III, §305, Nov. 28, 1990, 104

Stat. 4535.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II of chapter 14

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 450

of this title and Tables.

§ 3105. Forest management deduction

(a) Withholding of deduction

Pursuant to the authority of section 413 of

this title, the Secretary shall withhold a reasonable deduction from the gross proceeds of sales

of forest products harvested from Indian forest

land under a timber sale contract, permit, or

other harvest sale document, which has been approved by the Secretary, to cover in whole or

part the cost of managing and protecting such

Indian forest land.

(b) Amount of deduction

Deductions made pursuant to subsection (a) of

this section shall not exceed the lesser amount

of—

(1) 10 percent of gross proceeds, or

(2) the percentage of gross proceeds collected

on November 28, 1990, as forest management

deductions by the Secretary on such sales of

Indian forest products,

unless the appropriate Indian tribe consents to

an increase in the deductions.

(c) Use of deduction

The full amount of any deduction collected by

the Secretary shall be expended according to an

approved expenditure plan, approved by the Secretary and the appropriate Indian tribe, for the

performance of forest land management activities on the reservation from which such deductions are collected and shall be made available

to the tribe, upon its request, by contract or

agreement for the performance of such activities.

(d) Limitations

(1) Forest management deductions withheld

pursuant to this section shall not be available

to—

(A) cover the costs that are paid from funds

appropriated specifically for fire suppression

or pest control, or

(B) otherwise offset Federal appropriations

for meeting the Federal trust responsibility

for management of Indian forest lands.

(2) No other forest management deductions derived from Indian forest lands shall be collected

to be covered into the general funds of the

United States Treasury.