§ 3106. — Forest trespass.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3106]
TITLE 25--INDIANS
CHAPTER 33--NATIONAL INDIAN FOREST RESOURCES MANAGEMENT
Sec. 3106. Forest trespass
(a) Civil penalties; regulations
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) Treatment of proceeds
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) Concurrent jurisdiction
Indian tribes which adopt the regulations promulgated by the
Secretary pursuant to subsection (a) of this section 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.
(Pub. L. 101-630, title III, Sec. 307, Nov. 28, 1990, 104 Stat. 4537.)
