§3106 Forest trespass

Summary

The Secretary must issue rules within 18 months after November 28, 1990. The rules must set civil penalties for forest trespass that require collecting the value of products taken plus a penalty equal to twice that value, plus costs to fix damage and to enforce the rules (for example, surveys, appraisals, investigations, court costs, and attorney fees). The rules must also name the Department of the Interior to detect and investigate trespass and explain how penalties are assessed and collected. Money from those penalties counts as if it came from selling the forest products on the Indian land where the trespass happened. If an Indian tribe adopts the Secretary’s rules, the tribe can also enforce them. The Bureau of Indian Affairs and other federal agencies will, at the tribe’s request, let the tribe handle prosecutions. Tribal court judgments on forest trespass must be recognized by federal and state courts the same as federal judgments.