§ 3105. — Forest management deduction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3105]
TITLE 25--INDIANS
CHAPTER 33--NATIONAL INDIAN FOREST RESOURCES MANAGEMENT
Sec. 3105. Forest management deduction
(a) Withholding of deduction
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) Amount of deduction
Deductions made pursuant to subsection (a) of this section 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,
unless the appropriate Indian tribe consents to an increase in the
deductions.
(c) Use of deduction
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) Limitations
(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.
(Pub. L. 101-630, title III, Sec. 306, Nov. 28, 1990, 104 Stat. 4536.)
Section Referred to in Other Sections
This section is referred to in section 3107 of this title.
