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25 U.S.C. § 3103 — Definitions

submitted 36 years ago by Pub. L. 101-630 to r/title-25-INDIANS · 1,017 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines forestry and Indian-land terms used in the chapter. It also defines the activities covered by forest-land management and the institutions, plans, products, and resources involved.

For this chapter: (1) “Alaska Native” means Native as defined in 43 U.S.C. § 1602(b). (2) “Forest” means an ecosystem of at least 1 acre, including timberland and woodland, with a more or less dense and extensive tree cover, at least 10 percent tree-crown cover now or formerly, and no development or plan for exclusive nonforest use. (3) “Indian forest land” means Indian land, including commercial and noncommercial timberland and woodland, chiefly valuable for forest products or for watershed or other values improved by forest cover, whether or not formally inspected and classified. (4) “Forest land management activities” means all activities managing Indian forest lands, including: (A) administration and executive direction—policy and operating procedures, oversight and evaluation, legal assistance and matters, budget, finance and personnel, and needed databases and reports; (B) developing and revising inventories and management plans, including aerial photographs, maps, field inventories and reinventories, analysis, growth studies, allowable annual-cut calculations, environmental assessment, and forest history, consistent with tribal integrated resource plans; (C) forest development, including planting, thinning, tree improvement, and silvicultural treatments to restore or increase growth and yield to the forest environment’s full productive capacity; (D) wildfire protection, including firefighting equipment and detection systems, firebreaks, hazard reduction, prescribed burning, and cooperative agreements; (E) insect and disease protection, including detection and evaluation, funded project proposals with descriptions, environmental assessments and statements, and cost-benefit analyses, field suppression, and reporting; (F) assessing damage from forest trespass, infestation, or fire, including field examination, surveys, appraisal, investigation help, and preparing reports, demand letters, and testimony; (G) preparing, administering, and supervising timber-sale contracts, paid and free-use permits, and other harvest-sale documents, including cruising, marking, silvicultural prescriptions, appraisal, harvest supervision, marketing assistance, including evaluating marketing and development opportunities related to Indian forest products and consulting with and advising tribes, tribal enterprises, and Indian enterprises on maximizing returns from forest products, archaeological, historical, environmental, and other land-management reviews, clearances, and analyses, advertising and supervising contracts, marking and scaling timber, and collecting, recording, and distributing sale receipts; (H) financial assistance for Indians enrolled in accredited postsecondary or postgraduate forestry and forestry-related programs, including scholarships, internships, relocation help, and other educational-expense help; (I) helping develop and carry out tribal integrated resource plans and coordinate present and future multiple uses; (J) improving and maintaining extended-season primary and secondary Indian forest roads; and (K) research to improve the basis for choosing management measures. (5) “Forest management plan” means the Secretary-approved principal document, consistent with a tribal integrated resource plan, regulating detailed multiple-use operation so the land stays continuously productive while meeting tribal objectives. It must include funding and staffing standards, with current levels reported, and measurable standards for evaluating performance against the plan’s objectives. (6) “Forest product” means timber; timber products such as lumber, lath, crating, ties, bolts, logs, pulpwood, fuelwood, posts, poles, and split products; bark; Christmas trees, stays, branches, firewood, berries, mosses, pinyon nuts, roots, acorns, syrups, wild rice, and herbs; other marketable material; and gravel extracted from and used on Indian forest lands. (7) “Forest resources” means all benefits from Indian forest lands, including products, soil productivity, water, fisheries, wildlife, recreation, and aesthetic or other traditional values. (8) “Forest trespass” means illegally removing forest products from forest land or illegally damaging products on it. (9) “Indian” means a member of an Indian tribe. (10) “Indian land” means land titled in the United States in trust for an Indian, a person of Indian or Alaska Native ancestry who is not a federally recognized tribal member, or an Indian tribe, or land titled in such a person or tribe subject to a United States restriction on alienation. (11) “Indian tribe” or “tribe” means an Indian tribe, band, nation, Pueblo, or other organized group or community recognized as eligible for special United States Indian programs and services, and, when appropriate, the recognized government of its reservation. (12) “Reservation” includes reservations established by treaty, Act of Congress, or Executive order, public-domain Indian allotments, and former Oklahoma reservations. (13) “Secretary” means the Secretary of the Interior. (14) “Sustained yield” means the forest-product yield a forest can continuously produce at a given management intensity. (15) “Tribal integrated resource management plan” means a document approved by an Indian tribe and the Secretary that coordinates comprehensive management of the tribe’s natural resources.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 101–630, title III, § 304, Nov. 28, 1990, 104 Stat. 4533.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-630 · 104 Stat. 4533

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-630 on 1990-11-28.

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