§ 3111. — Assessment of Indian forest land and management programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3111]
TITLE 25--INDIANS
CHAPTER 33--NATIONAL INDIAN FOREST RESOURCES MANAGEMENT
Sec. 3111. Assessment of Indian forest land and management
programs
(a) Initial assessment
(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) Periodic assessments
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) of this section 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 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) 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.
(Pub. L. 101-630, title III, Sec. 312, Nov. 28, 1990, 104 Stat. 4539;
Pub. L. 103-437, Sec. 10(f), Nov. 2, 1994, 108 Stat. 4589.)
Amendments
1994--Subsec. (a)(4). Pub. L. 103-437, Sec. 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''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
