§ 3103. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3103]
TITLE 25--INDIANS
CHAPTER 33--NATIONAL INDIAN FOREST RESOURCES MANAGEMENT
Sec. 3103. Definitions
For the purposes of this chapter, the term--
(1) ``Alaska Native'' means Native as defined in section 1602(b)
of title 43;
(2) ``forest'' means an ecosystem of at least one acre in size,
including timberland and woodland, which--
(A) is characterized by a more or less dense and extensive
tree cover,
(B) contains, or once contained, at least ten percent tree
crown cover, and
(C) is not developed or planned for exclusive nonforest use;
(3) ``Indian forest land'' means Indian lands, including
commercial and non-commercial timberland and woodland, that are
considered chiefly valuable for the production of forest products or
to maintain watershed or other land values enhanced by a forest
cover, regardless whether a formal inspection and land
classification action has been taken;
(4) ``forest land management activities'' means all activities
performed in the management of Indian forest lands, including--
(A) all aspects of program administration and executive
direction such as--
(i) development and maintenance of policy and
operational procedures, program oversight, and evaluation,
(ii) securing of legal assistance and handling of legal
matters,
(iii) budget, finance, and personnel management, and
(iv) development and maintenance of necessary data bases
and program reports;
(B) all aspects of the development, preparation and revision
of forest inventory and management plans, including aerial
photography, mapping, field management inventories and re-
inventories, inventory analysis, growth studies, allowable
annual cut calculations, environmental assessment, and forest
history, consistent with and reflective of tribal integrated
resource management plans;
(C) forest land development, including forestation,
thinning, tree improvement activities, and the use of
silvicultural treatments to restore or increase growth and yield
to the full productive capacity of the forest environment;
(D) protection against losses from wildfire, including
acquisition and maintenance of fire fighting equipment and fire
detection systems, construction of firebreaks, hazard reduction,
prescribed burning, and the development of cooperative wildfire
management agreements;
(E) protection against insects and disease, including--
(i) all aspects of detection and evaluation,
(ii) preparation of project proposals containing project
description, environmental assessments and statements, and
cost-benefit analyses necessary to secure funding,
(iii) field suppression operations, and
(iv) reporting;
(F) assessment of damage caused by forest trespass,
infestation or fire, including field examination and survey,
damage appraisal, investigation assistance, and report, demand
letter, and testimony preparation;
(G) all aspects of the preparation, administration, and
supervision of timber sale contracts, paid and free use permits,
and other Indian forest product harvest sale documents
including--
(i) cruising, product marking, silvicultural
prescription, appraisal and harvest supervision,
(ii) forest product marketing assistance, including
evaluation of marketing and development opportunities
related to Indian forest products and consultation and
advice to tribes, tribal and Indian enterprises on
maximization of return on forest products,
(iii) archeological, historical, environmental and other
land management reviews, clearances, and analyses,
(iv) advertising, executing, and supervising contracts,
(v) marking and scaling of timber, and
(vi) collecting, recording and distributing receipts
from sales;
(H) provision of financial assistance for the education of
Indians enrolled in accredited programs of postsecondary and
postgraduate forestry and forestry-related fields of study,
including the provision of scholarships, internships, relocation
assistance, and other forms of assistance to cover educational
expenses;
(I) participation in the development and implementation of
tribal integrated resource management plans, including
activities to coordinate current and future multiple uses of
Indian forest lands;
(J) improvement and maintenance of extended season primary
and secondary Indian forest land road systems; and
(K) research activities to improve the basis for determining
appropriate management measures to apply to Indian forest lands;
(5) ``forest management plan'' means the principal document,
approved by the Secretary, reflecting and consistent with a tribal
integrated resource management plan, which provides for the
regulation of the detailed, multiple-use operation of Indian forest
land by methods assuring that such lands remain in a continuously
productive state while meeting the objectives of the tribe and which
shall include--
(A) standards setting forth the funding and staffing
requirements necessary to carry out each management plan, with a
report of current forestry funding and staffing levels; and
(B) standards providing quantitative criteria to evaluate
performance against the objectives set forth in the plan;
(6) ``forest product'' means--
(A) timber,
(B) a timber product, including lumber, lath, crating, ties,
bolts, logs, pulpwood, fuelwood, posts, poles and split
products,
(C) bark,
(D) Christmas trees, stays, branches, firewood, berries,
mosses, pinyon nuts, roots, acorns, syrups, wild rice, and
herbs,
(E) other marketable material, and
(F) gravel which is extracted from, and utilized on, Indian
forest lands;
(7) ``forest resources'' means all the benefits derived from
Indian forest lands, including forest products, soil productivity,
water, fisheries, wildlife, recreation, and aesthetic or other
traditional values of Indian forest lands;
(8) ``forest trespass'' means the act of illegally removing
forest products from, or illegally damaging forest products on,
forest lands;
(9) ``Indian'' means a member of an Indian tribe;
(10) ``Indian land'' means land title to which is held by--
(A) the United States in trust for an Indian, an individual
of Indian or Alaska Native ancestry who is not a member of a
federally-recognized Indian tribe, or an Indian tribe, or
(B) an Indian, an individual of Indian or Alaska Native
ancestry who is not a member of a federally recognized tribe, or
an Indian tribe subject to a restriction by the United States
against alienation;
(11) ``Indian tribe'' or ``tribe'' means any Indian tribe, band,
nation, Pueblo or other organized group or community which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians and shall mean, where appropriate, the recognized tribal
government of such tribe's reservation;
(12) ``reservation'' includes Indian reservations established
pursuant to treaties, Acts of Congress or Executive orders, public
domain Indian allotments, and former Indian reservations in
Oklahoma;
(13) ``Secretary'' means the Secretary of the Interior;
(14) ``sustained yield'' means the yield of forest products that
a forest can produce continuously at a given intensity of
management; and
(15) ``tribal integrated resource management plan'' means a
document, approved by an Indian tribe and the Secretary, which
provides coordination for the comprehensive management of such
tribe's natural resources.
(Pub. L. 101-630, title III, Sec. 304, Nov. 28, 1990, 104 Stat. 4533.)
Section Referred to in Other Sections
This section is referred to in section 3703 of this title.
