§3104 — Title 25 Indians | U.S. Code

Summary

The Secretary must manage Indian forest land. The Secretary can do the work directly or use contracts, cooperative agreements, or grants under the Indian Self-Determination Act. Management must keep forests productive forever by using practices that let trees keep growing while being used. Plans must be made with full tribal input and written tribal goals, and they should cover planting, harvesting, improving tree stands, and other forestry work. Harvesting must be done carefully so the forest stays productive over time. Management should help tribes build local wood-using businesses so tribes earn more than just payment for standing trees. If a tribe decides the land is best kept natural for recreation, culture, beauty, or tradition, it should stay that way. Forest work must also protect water flow, reduce soil erosion, and keep or improve timber, grazing, wildlife, fisheries, recreation, and cultural 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