Title 25 — IndiansRelease 119-73not60

§3106 Forest Trespass

Title 25 › Chapter 33— NATIONAL INDIAN FOREST RESOURCES MANAGEMENT › § 3106

Last updated Apr 5, 2026|Official source

Summary

The Secretary must make rules within 18 months of November 28, 1990, that set civil penalties for forest trespass. The rules must let officials collect the value of products taken plus a penalty equal to twice that value, pay for damage to Indian forest land, recover enforcement costs, and give the Department of the Interior the job of finding, investigating, and collecting those penalties. Money from penalties is treated as proceeds from selling the forest products where the trespass happened. Tribes that adopt the rules can enforce them too. The Bureau of Indian Affairs and other federal agencies will, if asked, step aside for tribal prosecutions. Tribal court judgments must be accepted by federal and state courts like federal judgments.

Full Legal Text

Title 25, §3106

Indians — Source: USLM XML via OLRC

(a)Not later than 18 months from November 28, 1990, the Secretary shall issue regulations that—

(1)establish civil penalties for the commission of forest trespass which provide for—

(A)collection of the value of the products illegally removed plus a penalty of double their value,

(B)collection of the costs associated with damage to the Indian forest land caused by the act of trespass, and

(C)collection of the costs associated with enforcement of the regulations, including field examination and survey, damage appraisal, investigation assistance and reports, witness expenses, demand letters, court costs, and attorney fees;

(2)designate responsibility with the Department of the Interior for the detection and investigation of forest trespass; and

(3)set forth responsibilities and procedures for the assessment and collection of civil penalties.

(b)The proceeds of civil penalties collected under this section shall be treated as proceeds from the sale of forest products from the Indian forest lands upon which such trespass occurred.

(c)Indian tribes which adopt the regulations promulgated by the Secretary pursuant to subsection (a) shall have concurrent civil jurisdiction to enforce the provisions of this section and the regulation promulgated thereunder. The Bureau of Indian Affairs and other agencies of the Federal Government shall, at the request of the tribe, defer to tribal prosecutions of forest trespass cases. Tribal court judgments regarding forest trespass shall be entitled to full faith and credit in Federal and State courts to the same extent as a Federal court judgment obtained under this section.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3106

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60