Title 25 — IndiansRelease 119-73not60

§3105 Forest Management Deduction

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary must take a reasonable cut from money made by timber sold from Indian forest land under approved contracts to pay for managing and protecting the forest. The cut cannot be more than the smaller of 10% or the percentage collected on November 28, 1990. All money taken must be spent under a plan approved by the Secretary and the tribe and can be contracted to the tribe on request. The money cannot pay costs covered by fire or pest-control funds, replace federal funding for forest management, or be deposited into the federal government’s 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 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60