§3111 — Title 25 Indians | U.S. Code

Summary

Requires the Secretary, working with affected Indian tribes, to hire a non‑federal expert within 1 year after November 28, 1990 to do an independent, national study of Indian forest lands and how they are managed. The study must compare management and funding to similar Federal and private lands; check forest health and productivity; review tribal and Bureau of Indian Affairs forestry staff and timber sale procedures and money tracking; look for ways to reduce BIA administrative rules while keeping Federal trust duties; assess the quality of forest management plans and their fit with tribal plans; consider setting minimum performance standards; and recommend reforms and needed funding. The study must include examples from every U.S. region with Indian forest lands and be finished no later than 36 months after November 28, 1990, then sent to the House Committee on Natural Resources, the Senate Committee on Indian Affairs, and provided to tribes. Every 10 years after November 28, 1990 the Secretary must repeat the independent study and compare results to earlier ones. The Secretary also must send reports, first within 1 year of the first full fiscal year after November 28, 1990 and then within 6 months after each fiscal year ends, to the same two committees and the affected tribes. Those reports must show how each tribe’s forests are meeting approved plan goals, list acres needing reforestation or other silviculture treatment, and state how much timber is available for sale, offered for sale, and sold for each tribe. The Forest Service may give technical help without charge to the Secretary of the Interior when asked.

Title 25, §3111

Indians — Source: USLM XML via OLRC

(a)(1)Within 1 year after November 28, 1990, the Secretary, in consultation with affected Indian tribes, shall enter into a contract with a non-Federal entity knowledgeable in forest management practices on Federal and private lands to conduct an independent assessment of Indian forest lands and Indian forest land management practices.

(2)Such assessment shall be national in scope and shall include—

(A)an in-depth analysis of management practices on, and the level of funding for, specific Indian forest land compared with similar Federal and private forest lands,

(B)a survey of the condition of Indian forest lands, including health and productivity levels,

(C)an evaluation of the staffing patterns of forestry organizations of the Bureau of Indian Affairs and of Indian tribes,

(D)an evaluation of procedures employed in timber sales administration, including preparation, field supervision, and accountability for proceeds,

(E)an analysis of the potential for reducing or eliminating relevant administrative procedures, rules and policies of the Bureau of Indian Affairs consistent with the Federal trust responsibility,

(F)a comprehensive review of the adequacy of Indian forest land management plans, including their compatibility with applicable tribal integrated resource management plans and their ability to meet tribal needs and priorities,

(G)an evaluation of the feasibility and desirability of establishing minimum standards against which the adequacy of the forestry programs of the Bureau of Indian Affairs in fulfilling its trust responsibility to Indian tribes can be measured, and

(H)a recommendation of any reforms and increased funding levels necessary to bring Indian forest land management programs to a state-of-the-art condition.

(3)Such assessment shall include specific examples and comparisons from each of the regions of the United States where Indian forest lands are located.

(4)The initial assessment required by this subsection shall be completed no later than 36 months following November 28, 1990. Upon completion, the assessment shall be submitted to the Committee on Natural Resources of the United States House of Representatives and the Committee on Indian Affairs of the United States Senate and shall be made available to Indian tribes.

(b)On each 10-year anniversary of November 28, 1990, the Secretary shall provide for an independent assessment of Indian forest lands and Indian forest land management practices under the criteria established in subsection (a) which shall include analyses measured against findings in previous assessments.

(c)The Secretary shall submit, within 1 year of the first full fiscal year after November 28, 1990, and within 6 months of the end of each succeeding fiscal year, a report to the Committee on Natural Resources of the United States House of Representatives, the Committee on Indian Affairs of the United States Senate, and to the affected Indian tribes a report on the status of Indian forest lands with respect to standards, goals and objectives set forth in approved forest management plans for each Indian tribe with Indian forest lands. The report shall identify the amount of Indian forest land in need of forestation or other silviculture treatment and the quantity of timber available for sale, offered for sale, and sold for each Indian tribe.

(d)The Secretary of Agriculture, through the Forest Service, is authorized to provide, upon the request of the Secretary of the Interior, on a nonreimbursable basis, technical assistance in the conduct of such research and evaluation activities as may be necessary for the completion of any reports or assessments required by this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a)(4). Pub. L. 103–437, § 10(f)(1), substituted “Committee on Indian” for “Select Committee on Indian” and “Natural Resources” for “Interior and Insular Affairs”. Subsec. (c). Pub. L. 103–437, inserted “the” after “report to” and substituted “Committee on Indian” for “Select Committee on Indian” and “Natural Resources” for “Interior and Insular Affairs”.

§3111 Assessment of Indian Forest Land and Management Programs

Summary

Title 25, §3111

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata