§3104 — Title 25 Indians | U.S. Code

Summary

The Secretary must manage Indian forest land, either directly or by using contracts, cooperative agreements, or grants under the Indian Self-Determination Act. The work must meet seven goals: (1) keep forest land productive over the long term by using long‑term plans and sound forestry and economic methods for logging, planting, improving tree stands, and other forest work; (2) make and use forest management plans with full, active tribal consultation and written tribal objectives and marketing programs; (3) oversee harvesting so it follows good methods and keeps continuous productivity and a lasting forest business; (4) help tribes and tribal members develop forest-based and value-added industries so they gain jobs and profits beyond stumpage; (5) leave land natural when a tribe decides recreation, cultural, aesthetic, or traditional values are the best use; (6) manage forests to protect water runoff control and reduce soil erosion; and (7) maintain and improve timber, grazing, wildlife, fisheries, recreation, aesthetic, cultural, and other traditional values.

Title 25, §3104

Indians — Source: USLM XML via OLRC

(a)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. 5321 et seq.].

(b)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.

Notes & Related Subsidiaries

Editorial Notes

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, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

§3104 Management of Indian forest land