Title 25IndiansRelease 119-73

§3105 Forest management deduction

Title 25 › Chapter CHAPTER 33— - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT › § 3105

Last updated Apr 6, 2026|Official source

Summary

The Secretary must take a reasonable cut from the gross money made when timber or other forest products are sold from Indian forest land under Secretary‑approved contracts or permits to help pay for managing and protecting that land. The cut cannot be more than the smaller of 10 percent of gross proceeds or the percentage the Secretary was collecting on November 28, 1990. Money taken must be spent under an expenditure plan approved by the Secretary and the tribe, used for forest management on the reservation where it was collected, and made available to the tribe by contract if the tribe asks. These deductions cannot pay for costs already covered by funds for fire fighting or pest control, cannot reduce federal funds for managing Indian forest lands, and cannot be put into the U.S. Treasury general fund.

Full Legal Text

Title 25, §3105

Indians — Source: USLM XML via OLRC

(a)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)Deductions made pursuant to subsection (a) 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,
(c)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)(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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3105

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73