dreamproit/uscode huggingface dataset:
25 U.S.C. § 3052 (INDIANS)
§ 3052. Definitions
In this chapter:
(1) Adjacent site
The term “adjacent site” means a site that borders a boundary line of National Forest System land.
(2) Cultural items
The term “cultural items” has the meaning given the term in section 3001 of this title, except that the term does not include human remains.
(3) Human remains
The term “human remains” means the physical remains of the body of a person of Indian ancestry.
(4) Indian
The term “Indian” means an individual who is a member of an Indian tribe.
(5) Indian tribe
The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 479a–1 of this title.
(6) Lineal descendant
The term “lineal descendant” means an individual that can trace, directly and without interruption, the ancestry of the individual through the traditional kinship system of an Indian tribe, or through the common law system of descent, to a known Indian, the human remains, funerary objects, or other sacred objects of whom are claimed by the individual.
(7) National Forest System
The term “National Forest System” has the meaning given the term in section 1609(a) of title 16.
(8) Reburial site
The term “reburial site” means a specific physical location at which cultural items or human remains are reburied.
(9) Traditional and cultural purpose
The term “traditional and cultural purpose”, with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe.
(Pub. L. 110–234, title VIII, § 8102, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8102, June 18, 2008, 122 Stat. 1664, 2048.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
25 U.S.C. § 3053 (INDIANS)
§ 3053. Reburial of human remains and cultural items
(a) Reburial sites
In consultation with an affected Indian tribe or lineal descendant, the Secretary may authorize the use of National Forest System land by the Indian tribe or lineal descendant for the reburial of human remains or cultural items in the possession of the Indian tribe or lineal descendant that have been disinterred from National Forest System land or an adjacent site.
(b) Reburial
With the consent of the affected Indian tribe or lineal descendent, the Secretary may recover and rebury, at Federal expense or using other available funds, human remains and cultural items described in subsection (a) at the National Forest System land identified under that subsection.
(c) Authorization of use
(1) In general
Subject to paragraph (2), the Secretary may authorize such uses of reburial sites on National Forest System land, or on the National Forest System land immediately surrounding a reburial site, as the Secretary determines to be necessary for management of the National Forest System.
(2) Avoidance of adverse impacts
In carrying out paragraph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable.
(Pub. L. 110–234, title VIII, § 8103, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8103, June 18, 2008, 122 Stat. 1664, 2049.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3054 (INDIANS)
§ 3054. Temporary closure for traditional and cultural purposes
(a) Recognition of historic use
To the maximum extent practicable, the Secretary shall ensure access to National Forest System land by Indians for traditional and cultural purposes, in accordance with subsection (b), in recognition of the historic use by Indians of National Forest System land.
(b) Closing land from public access
(1) Authority to close
Upon the approval by the Secretary of a request from an Indian tribe, the Secretary may temporarily close from public access specifically identified National Forest System land to protect the privacy of tribal activities for traditional and cultural purposes.
(2) Limitation
A closure of National Forest System land under paragraph (1) shall affect the smallest practicable area for the minimum period necessary for activities of the applicable Indian tribe.
(3) Consistency
Access by Indian tribes to National Forest System land under this subsection shall be consistent with the purposes of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996).
(Pub. L. 110–234, title VIII, § 8104, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8104, June 18, 2008, 122 Stat. 1664, 2049.)
heading: References in Text
text: The American Indian Religious Freedom Act, referred to in subsec. (b)(3), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3055 (INDIANS)
§ 3055. Forest products for traditional and cultural purposes
(a) In general
Notwithstanding section 472a of title 16, the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes.
(b) Prohibition
Trees, portions of trees, or forest products provided under subsection (a) may not be used for commercial purposes.
(Pub. L. 110–234, title VIII, § 8105, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8105, June 18, 2008, 122 Stat. 1664, 2050.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3056 (INDIANS)
§ 3056. Prohibition on disclosure
(a) Nondisclosure of information
(1) In general
The Secretary shall not disclose under section 552 of title 5 (commonly known as the “Freedom of Information Act”), information relating to—
(A) subject to subsection (b)(l),1 human remains or cultural items reburied on National Forest System land under section 3053 of this title; or
(B) subject to subsection (b)(2), resources, cultural items, uses, or activities that—
(i) have a traditional and cultural purpose; and
(ii) are provided to the Secretary by an Indian or Indian tribe under an express expectation of confidentiality in the context of forest and rangeland research activities carried out under the authority of the Forest Service.
(2) Limitations on disclosure
Subject to subsection (b)(2), the Secretary shall not be required to disclose information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), concerning the identity, use, or specific location in the National Forest System of—
(A) a site or resource used for traditional and cultural purposes by an Indian tribe; or
(B) any cultural items not covered under section 3053 of this title.
(b) Limited release of information
(1) Reburial
The Secretary may disclose information described in subsection (a)(l)(A) 2 if, before the disclosure, the Secretary—
(A) consults with an affected Indian tribe or lineal descendent;
(B) determines that disclosure of the information—
(i) would advance the purposes of this chapter; and
(ii) is necessary to protect the human remains or cultural items from harm, theft, or destruction; and
(C) attempts to mitigate any adverse impacts identified by an Indian tribe or lineal descendant that reasonably could be expected to result from disclosure of the information.
(2) Other information
The Secretary, in consultation with appropriate Indian tribes, may disclose information described under paragraph (1)(B) or (2) of subsection (a) if the Secretary determines that disclosure of the information to the public—
(A) would advance the purposes of this chapter;
(B) would not create an unreasonable risk of harm, theft, or destruction of the resource, site, or object, including individual organic or inorganic specimens; and
(C) would be consistent with other applicable laws.
(Pub. L. 110–234, title VIII, § 8106, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8106, June 18, 2008, 122 Stat. 1664, 2050.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3057 (INDIANS)
§ 3057. Severability and savings provisions
(a) Severability
If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance is held invalid, the application of such provision or circumstance and the remainder of this chapter shall not be affected thereby.
(b) Savings
Nothing in this chapter—
(1) diminishes or expands the trust responsibility of the United States to Indian tribes, or any legal obligation or remedy resulting from that responsibility;
(2) alters, abridges, repeals, or affects any valid agreement between the Forest Service and an Indian tribe;
(3) alters, abridges, diminishes, repeals, or affects any reserved or other right of an Indian tribe; or
(4) alters, abridges, diminishes, repeals, or affects any other valid existing right relating to National Forest System land or other public land.
(Pub. L. 110–234, title VIII, § 8107, May 22, 2008, 122 Stat. 1289; Pub. L. 110–246, § 4(a), title VIII, § 8107, June 18, 2008, 122 Stat. 1664, 2051.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
25 U.S.C. § 3101 (INDIANS)
§ 3101. Findings
The Congress finds and declares that—
(1) the forest lands of Indians are among their most valuable resources and Indian forest lands—
(A) encompass more than 15,990,000 acres, including more than 5,700,000 acres of commercial forest land and 8,700,000 acres of woodland,
(B) are a perpetually renewable and manageable resource,
(C) provide economic benefits, including income, employment, and subsistence, and
(D) provide natural benefits, including ecological, cultural, and esthetic values;
(2) the United States has a trust responsibility toward Indian forest lands;
(3) existing Federal laws do not sufficiently assure the adequate and necessary trust management of Indian forest lands;
(4) the Federal investment in, and the management of, Indian forest land is significantly below the level of investment in, and management of, National Forest Service forest land, Bureau of Land Management forest land, or private forest land;
(5) tribal governments make substantial contributions to the overall management of Indian forest land; and
(6) there is a serious threat to Indian forest lands arising from trespass and unauthorized harvesting of Indian forest land resources.
(Pub. L. 101–630, title III, § 302, Nov. 28, 1990, 104 Stat. 4532.)
heading: Short Title of 2004 Amendment
text: Pub. L. 108–278, § 1, July 22, 2004, 118 Stat. 868, provided that: “This Act [enacting section 3115a of this title] may be cited as the ‘Tribal Forest Protection Act of 2004’.”
heading: Short Title
text: Pub. L. 101–630, title III, § 301, Nov. 28, 1990, 104 Stat. 4532, provided that: “This title [enacting this chapter] may be cited as the ‘National Indian Forest Resources Management Act’.”
25 U.S.C. § 3102 (INDIANS)
§ 3102. Purposes
The purposes of this chapter are to—
(1) allow the Secretary of the Interior to take part in the management of Indian forest lands, with the participation of the lands’ beneficial owners, in a manner consistent with the Secretary’s trust responsibility and with the objectives of the beneficial owners;
(2) clarify the authority of the Secretary to make deductions from the proceeds of sale of Indian forest products, assure the use of such deductions on the reservation from which they are derived solely for use in forest land management activities, and assure that no other deductions shall be collected;
(3) increase the number of professional Indian foresters and related staff in forestry programs on Indian forest land; and
(4) provide for the authorization of necessary appropriations to carry out this chapter for the protection, conservation, utilization, management, and enhancement of Indian forest lands.
(Pub. L. 101–630, title III, § 303, Nov. 28, 1990, 104 Stat. 4532.)
25 U.S.C. § 3104 (INDIANS)
§ 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.)
heading: References in Text
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.
25 U.S.C. § 3105 (INDIANS)
§ 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.
(Pub. L. 101–630, title III, § 306, Nov. 28, 1990, 104 Stat. 4536.)
25 U.S.C. § 3106 (INDIANS)
§ 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.)
25 U.S.C. § 3107 (INDIANS)
§ 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.)
25 U.S.C. § 3108 (INDIANS)
§ 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.)
25 U.S.C. § 3109 (INDIANS)
§ 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 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.)