Title 25 — Indians
Chapter 33 — National Indian Forest Resources Management
§ 3111. Assessment of Indian forest land and management programs
Statutory text
Initial assessment
Within 1 year after , 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.
Such assessment shall be national in scope and shall include—
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,
a survey of the condition of Indian forest lands, including health and productivity levels,
an evaluation of the staffing patterns of forestry organizations of the Bureau of Indian Affairs and of Indian tribes,
an evaluation of procedures employed in timber sales administration, including preparation, field supervision, and accountability for proceeds,
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,
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,
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
a recommendation of any reforms and increased funding levels necessary to bring Indian forest land management programs to a state-of-the-art condition.
Such assessment shall include specific examples and comparisons from each of the regions of the United States where Indian forest lands are located.
The initial assessment required by this subsection shall be completed no later than 36 months following . 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.
Periodic assessments
On each 10-year anniversary of , 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.
Status report to Congress
The Secretary shall submit, within 1 year of the first full fiscal year after , 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.
Assistance from Secretary of Agriculture
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Indian Forest Resources Management Act
Pub. L. 101–630 title III § 312 · 104 Stat. 4531
Enacted · 25 U.S.C. § 3111
Pub. L. 101–630, title III, § 312, Nov. 28, 1990, 104 Stat. 4539
Source evidence
Code source credit
Pub. L. 101–630, title III, § 312, Nov. 28, 1990, 104 Stat. 4539Enacted provision · exact public law section
SEC. 312. ASSESSMENT OF INDIAN FOREST LAND AND MANAGEMENT PROGRAMS. (a) Initial Assessment.— (1) Within 1 year after the date of Government contracts. enactment of this title, 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 pro-grams 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 the date of enactment of this title. Upon completion, the assessment shall be submitted to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Select Committee on Indian Affairs of the United States Senate and shall be made available to Indian tribes. (b) Periodic Assessments.— On each 10-year anniversary of the date of enactment of this title, 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) Status Report to Congress.— The Secretary shall submit, within 1 year of the first full fiscal year after the date of enactment of this title and within 6 months of the end of each succeeding fiscal year, a report to Committee on Interior and Insular Affairs of the United States House of Representatives, the Select 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) Assistance From Secretary of Agriculture.— 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 title.Pub. L. 103–437 § 10(f)(1) · 108 Stat. 4581
Substituted · 25 U.S.C. § 3111(a)(4)
Pub. L. 103–437, § 10(f)(1), substituted “Committee on Indian” for “Select Committee on Indian”
Substituted · 25 U.S.C. § 3111(a)(4)
Pub. L. 103–437, § 10(f)(1), substituted “Natural Resources” for “Interior and Insular Affairs”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) In subsections (a)(4) and (c)— (A) strike “Select”; and (B) strike “Interior and Insular Affairs” and substitute “Natural Resources”.Pub. L. 103–437 § 10(f) · 108 Stat. 4581
Inserted · 25 U.S.C. § 3111(c)
Pub. L. 103–437, inserted “the” after “report to”
Substituted · 25 U.S.C. § 3111(c)
Pub. L. 103–437, substituted “Committee on Indian” for “Select Committee on Indian”
Substituted · 25 U.S.C. § 3111(c)
Pub. L. 103–437, substituted “Natural Resources” for “Interior and Insular Affairs”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(f) Section 312 of the National Indian Forest Resources Management Act (25 U.S.C. 3111) is amended as follows: (1) In subsections (a)(4) and (c)— (A) strike “Select”; and (B) strike “Interior and Insular Affairs” and substitute “Natural Resources”. (2) In subsection (c), insert “the” after “report to”.
6 of 6 references resolved to an enrolled provision
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”.
Credits
1990–1994 · 2 acts
- 1990Pub. L. 101–630, title III, § 312, , 104 Stat. 4539
- 1994Pub. L. 103–437, § 10(f), , 108 Stat. 4589.
Show as published
(Pub. L. 101–630, title III, § 312, , 104 Stat. 4539; Pub. L. 103–437, § 10(f), , 108 Stat. 4589.)