25 U.S.C. § 3106 — Forest trespass
submitted 36 years ago by Pub. L. 101-630 to r/title-25-INDIANS · 260 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Not later than 18 months from November 28, 1990, the Secretary* shall issue regulations that—
establish civil penalties for the commission of forest trespass which provide for—
collection of the value of the products illegally removed plus a penalty of double their value,
collection of the costs associated with damage to the Indian forest land caused by the act of trespass, and
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;
designate responsibility with the Department of the Interior for the detection and investigation of forest trespass; and
set forth responsibilities and procedures for the assessment and collection of civil penalties.
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.
Indian tribes which adopt the regulations promulgated by the Secretary pursuant to subsection (a) 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.
Source credit: (Pub. L. 101–630, title III, § 307, Nov. 28, 1990, 104 Stat. 4537.)
- 1990Enacted · Pub. L. 101-630 · 104 Stat. 4537
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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