[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-531]
[[Page Unknown]]
[Federal Register: January 27, 1994]
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Part IV
Department of the Interior
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Bureau of Indian Affairs
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25 CFR Part 163
General Forestry Regulations; Proposed Rule
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 163
RIN 1076-AC44
General Forestry Regulations
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: The purpose of this rulemaking action is to revise the
``General Forestry Regulations'' to implement the provisions of the
National Indian Forest Resources Management Act.
The law reaffirmed many aspects of the existing Indian forestry
program and established new program direction for cooperative
agreements between the Department of the Interior and Indian tribes,
forest trespass, Secretarial recognition of tribal laws pertaining to
Indian forest lands, Indian forestry program assessments, Indian forest
land assistance accounts, tribal forestry programs, Alaska Native
technical assistance and forestry education assistance.
The proposed rule establishes uniform Indian forestry program
operating policy that complies with the National Indian Forest
Resources Management Act.
DATES: Comments must be received on or March 28, 1994.
ADDRESSES: Mail or hand deliver comments to: Mr. Jim Stires, Billings
Area Office, Bureau of Indian Affairs, 316 North 26th Street, Billings,
Montana; or Mr. Jim Howe, Department of the Interior, Bureau of Indian
Affairs, Division of Forestry, 1849 C Street, NW., Mail Stop 4545 MIB,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Mr. Jim Stires, Bureau of Indian
Affairs, Billings Area Office, Branch of Forestry, telephone (406) 657-
6358.
SUPPLEMENTARY INFORMATION: The proposed rule has been developed with
full participation and consultation of the affected Indian and Alaska
Native public. Prior to drafting the proposed rule, public scoping
meetings were announced and held in Minneapolis, Portland, Phoenix and
Anchorage in February and March, 1991. Input from those meetings was
considered and addressed in the proposed rule. Additional consultation
with the affected public was accomplished by maintaining close
communication with the Intertribal Timber Council (ITC) during the rule
drafting process and including ITC members on the project steering
committee and project in working groups.
This proposed rule is published in exercise of authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs by 208 DM 8.
The policy of the Department of the Interior is, whenever
practical, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding the proposed rule to the locations identified in the
addresses section of this document.
This document has been reviewed under Executive Order 12866. It
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.).
The Department of the Interior has determined that this proposed
rule does not constitute a major Federal action significantly affecting
the quality of the human environment and that no detailed statement is
required pursuant to the National Environmental Policy Act of 1969.
The information collection requirements contained in this part do
not require approval by the Office of Management and Budget under 44
U.S.C. 3501 et seq.
The primary author of this document is Mr. Jim Stires, Forester, in
the Billings Area Office, Bureau of Indian Affairs, Branch of Forestry,
Billings, Montana.
List of Subjects in 25 CFR Part 163
Forests and forest products; Indian--lands; Education.
For the reasons set forth in the preamble, part 163 of title 25 of
the Code of Federal Regulations is proposed to be revised as set forth
below.
PART 163--GENERAL FOREST REGULATIONS
Subpart A--General Provisions
Sec.
163.1 Definitions.
163.2 Information collection.
163.3 Scope and objectives.
163.4 Secretarial recognition of tribal laws.
Subpart B--Forest Management and Operations
163.10 Management of Indian forest land.
163.11 Forest management planning and sustained yield management.
163.12 Harvesting restrictions.
163.13 Indian tribal forest enterprise operations.
163.14 Sale of forest products.
163.15 Advertisement of sales.
163.16 Forest product sales without advertisement.
163.17 Deposit with bid.
163.18 Acceptance and rejection of bids.
163.19 Contracts for the sale of forest products.
163.20 Execution and approval of contracts.
163.21 Bonds required.
163.22 Payment for forest products.
163.23 Advance payment for timber products.
163.24 Duration of timber contracts.
163.25 Forest management deductions.
163.26 Forest product harvesting permits.
163.27 Free-use harvesting without permits.
163.28 Fire management measures.
163.29 Trespass.
163.30 Revocable road use and construction permits for removal of
commercial forest products.
163.31 Insect and disease control.
163.32 Forest development.
163.33 Administrative appeals.
163.34 Environmental compliance.
163.35 Indian forest land assistance account.
163.36 Tribal forestry program financial support.
163.37 Forest management research.
Subpart C--Forestry Education, Education Assistance, Recruitment and
Training
163.40 Indian and Alaska Native forestry education assistance.
163.41 Postgraduation recruitment, continuing education and
training programs.
163.42 Obligated service and breach of contract.
Subpart D--Alaska Native Technical Assistance Program
163.60 Purpose and scope.
163.61 Evaluation committee.
163.62 Annual funding needs assessment and rating.
163.63 Contract, grant, or agreement application and award process.
Subpart E--Cooperative Agreements
163.70 Purpose of agreements.
163.71 Agreement funding.
163.72 Supervisory relationship.
Subpart F--Program Assessment
163.80 Periodic assessment report.
163.81 Assessment guidelines.
163.82 Annual status report.
163.83 Assistance from the Secretary of Agriculture.
Authority: 25 U.S.C. 2, 5, 9, 13, 406, 407, 413, 466; and 3101-
3120.
Subpart A--General Provisions
Sec. 163.1 Definitions.
Advance deposits means, in Timber Contract for the Sale of
Estimated Volumes, contract-required deposits in advance of cutting
which the purchaser furnishes to maintain an operating balance against
which the value of timber to be cut will be charged.
Advance payments means, in Timber Contract for the Sale of
Estimated Volumes, non-refundable partial payments of the estimated
value of the timber to be cut. Payments are furnished within 30 days of
contract approval and prior to cutting. Advance payments are normally
25 percent of the estimated value of the forest products on each
allotment. Advance payments may be required for tribal land.
Alaska Native means native as defined in section 3(b) of the Alaska
Native Claims Settlement Act of December 18, 1971 (43 U.S.C. 1604).
ANCSA corporation means both profit and non-profit corporations
established pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1604).
Approval means authorization by the Secretary, Area Director,
Superintendent, tribe or individual Indian in accordance with
appropriate delegations of authority.
Approving officer means the officer approving instruments of sale
for forest products or his/her authorized representative.
Authorized representative means an individual or entity duly
empowered to make decisions under a direct, clear, and specific
delegation of authority.
Authorized tribal representative means an individual or entity duly
empowered to make decisions under a direct, clear, and specific
delegation of authority from an Indian tribe.
Beneficial owner means an individual or entity who holds an
ownership interest in Indian land.
Bid deposit means, in Timber Contract for the Sale of Estimated
Volumes or in Timber Contract for the Sale of Predetermined Volumes, a
deposit with bid furnished by prospective purchasers. At contract
execution, the bid deposit of the successful bidder becomes a portion
of the contract required advance deposit in estimated volume contracts
or an installment payment in predetermined volume contracts.
Commercial forest land means forest land that is producing or
capable of producing crops of marketable forest products and is
administratively available for intensive management and sustained
production.
Forest or forest land means an ecosystem at least one acre in size,
including timberland and woodland, which: Is characterized by a more or
less dense and extensive tree cover; contains, or once contained, at
least ten percent tree crown cover, and is not developed or planned for
exclusive non-forest resource use.
Forest land management activities means all activities performed in
the management of Indian forest land including the improvement and
maintenance of extended season primary and secondary Indian forest land
road systems.
Forest management deduction means a percentage of the gross
proceeds from the sales of forest products harvested from Indian land
which is collected by the Secretary pursuant to 25 U.S.C. 413 to cover
in whole or in part the cost of managing and protecting such Indian
forest lands.
Forest management plan means the principle document, approved by
the Secretary, reflecting and consistent with an 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: 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 standards providing quantitative criteria to evaluate
performance against the objectives set forth in the plan.
Forest products means marketable products extracted from Indian
forests, such as: Timber; timber products, including 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 which is extracted from, and utilized
on, Indian forest land.
Forest resources means all the benefits derived from Indian forest
land, including forest products, soil productivity, water, fisheries,
wildlife, recreation, and aesthetic or other traditional values of
Indian forest land.
Forester intern means an Indian or Alaska Native who: Is employed
as a forestry or forestry-related technician with the Bureau of Indian
Affairs, an Indian tribe, or tribal forest-related enterprise; is
acquiring necessary academic qualifications to become a forester or a
professional trained in forestry-related fields; and is appointed to
one of the Forester Intern positions established pursuant to
Sec. 163.40(b).
Forestry-related field or forestry-related curriculum means a
renewable natural resource management field necessary to manage Indian
forest land and other professionally recognized fields as approved by
the education committee established pursuant to Sec. 163.40(a)(1).
Indian means a member of an Indian tribe.
Indian enterprise means an enterprise which is designated as such
by the Secretary or tribe.
Indian forest land means Indian land, including commercial, non-
commercial, productive and non-productive 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 of whether a formal inspection and land
classification action has been taken.
Indian land means land title to which is held by: 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 by 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.
Indian tribe or tribe means any Indian tribe, band, nation,
rancheria, 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.
Installment payments means, in Timber Contract for the Sale of
Predetermined Volumes, scheduled partial payments of the total contract
value based on purchaser bid. Payments made are normally not
refundable.
Integrated resource management plan means a document, approved by
an Indian tribe and the Secretary, which provides coordination for the
comprehensive management of the natural resources of such tribe's
reservation.
Noncommercial forest land means forest land that is available for
extensive management, but is incapable of producing marketable forest
products. Such land may be economically harvested, but the site quality
does not warrant significant investment in future crops.
Productive forest land means forest land producing or capable of
producing marketable forest products that is unavailable for harvest
because of administrative restrictions or because access is not
practical.
Reservation means an Indian reservation established pursuant to
treaties, Acts of Congress or Executive Orders and public domain Indian
allotments, rancherias, and former Indian reservations in Oklahoma.
Secretary means the Secretary of the Interior or his or her
authorized representative.
Stumpage rate means the stumpage value per unit of measure for a
forest product.
Stumpage value means the value of a forest product prior to
extraction from Indian forest land.
Sustained yield means the yield of forest products that a forest
can produce continuously at a given intensity of management.
Timberland means forest land stocked, or capable of being stocked,
with tree species that are regionally utilized for lumber, pulpwood,
poles or veneer products.
Trespass means the removal of forest products from Indian forest
land or the severance or injury of forest products on Indian forest
land except when authorized by law and applicable Federal or tribal
regulations. Trespass includes any damage to forest resources on Indian
forest lands resulting from activities under contracts or permits
obtained through fraud or material misrepresentation of fact.
Tribal forest enterprise means an Indian enterprise that is
initiated and organized by a reservation's recognized tribal
government.
Unproductive forest land means forest land that is not producing or
capable of producing marketable forest products and is also unavailable
for harvest because of administrative restrictions or because access is
not practical.
Woodland means forest land not included within the timberland
classification, stocked or capable of being stocked, with tree species
of such form and size that the wood content is generally marketable
within the region for products other than lumber, pulpwood or veneer.
Sec. 163.2 Information collection.
The information collection requirements contained in 25 CFR part
163 do not require the approval of the Office of Management and Budget
under 44 U.S.C. 3504(h) et seq.
Sec. 163.3 Scope and objectives.
(a) The regulations in this part are applicable to all Indian
forest land except as this part may be superseded by legislation.
(b) Indian forest land management activities undertaken by the
Secretary shall be designed to achieve the following objectives:
(1) The development, maintenance and enhancement of Indian forest
land in a perpetually productive state in accordance with the
principles of sustained yield and with the standards and objectives set
forth in forest management plans by providing effective management and
protection through the application of sound silvicultural and economic
principles to the harvesting of forest products, forestation, timber
stand improvement and other forestry practices;
(2) The regulation of Indian forest land through the development
and implementation, with the full and active consultation and
participation of the appropriate Indian tribe, of forest management
plans which are supported by written tribal objectives;
(3) The regulation of Indian forest land in a manner that will
ensure the use of good method and order in harvesting so as to make
possible, on a sustained yield basis, continuous productivity and a
perpetual forest business;
(4) The development of Indian forest land and associated value-
added industries by Indians and Indian tribes to promote self-
sustaining communities, so that Indians may receive from their Indian
forest land not only stumpage value, but also the benefit of all the
labor and profit that such Indian forest land is capable of yielding;
(5) The retention of Indian forest land in its natural state when
an Indian tribe determines that the recreational, cultural, aesthetic,
or traditional values of the Indian forest land represents the highest
and best use of the land;
(6) The management and protection of forest resources to retain the
beneficial effects to Indian forest land of regulating water run-off
and minimizing soil erosion; and
(7) The maintenance and improvement of timber productivity,
grazing, wildlife, fisheries, recreation, aesthetic, cultural and other
traditional values.
Sec. 163.4 Secretarial recognition of tribal laws.
Subject to the Secretary's trust responsibilities and unless
otherwise prohibited by Federal statutory law, the Secretary shall
comply with tribal laws pertaining to Indian forest land, including
laws regulating the environment or historic or cultural preservation,
and shall cooperate with the enforcement of such laws on Indian forest
land. Such cooperation does not constitute a waiver of United States
sovereign immunity and shall include:
(a) Assistance in the enforcement of such laws;
(b) Provision of notice of such laws to persons or entities
undertaking activities on Indian forest land; and
(c) Upon the request of an Indian tribe, the appearance in tribal
forums.
Subpart B--Forest Management and Operations
Sec. 163.10 Management of Indian forest land.
(a) The Secretary shall undertake forest land management activities
on Indian forest land, either directly or through contracts,
cooperative agreements, or grants under the Indian Self-Determination
and Education Assistance Act (Pub. L. 93-638, as amended).
(b) Indian forest land management activities undertaken by the
Secretary shall be designed to achieve objectives enumerated in
Sec. 163.3.
Sec. 163.11 Forest management planning and sustained yield management.
(a) To further the objectives identified in Sec. 163.3, an
appropriate forest management plan shall be prepared and revised as
needed. Such documents shall contain a statement describing the manner
in which the policies of the tribe and the Secretary will be applied,
with a definite plan of silvicultural management, analysis of the short
term and long term effects of the plan, and a program of action,
including a harvest schedule, for a specified period in the future.
Forest management plans shall be based on the principle of sustained
yield management and objectives established by the tribe and will
require approval of the Secretary.
(b) Forest management planning for Indian forest land shall be
carried out through participation in the development and implementation
of integrated resource management plans which provide coordination for
the comprehensive management of all natural resources on Indian land.
If the integrated resource management planning process has not been
initiated, or is not ongoing or completed, a stand-alone forest
management plan will be prepared.
(c) The harvest of forest products from Indian forest land will be
accomplished under the principles of sustained yield management and
will not be authorized until practical methods of harvest based on
sound economic and silvicultural and other forest management principles
have been prescribed. Harvest schedules will be prepared for a
specified period of time and updated annually. Such schedules shall
support the objectives of the beneficial land owners and the Secretary
and shall be directed toward achieving an approximate balance between
planned net growth and harvest at the earliest practical time.
Sec. 163.12 Harvesting restrictions.
(a) Harvesting timber on commercial forest land will not be
permitted unless provisions for natural and/or artificial forestation
of acceptable tree species is included in harvest plans.
(b) Clearing of large contiguous areas will be permitted only on
land that, when cleared, will be devoted to a more beneficial use than
growing timber crops. This restriction shall not prohibit clearcutting
when it is silviculturally good practice to harvest a particular stand
of timber by such method and it otherwise conforms with objectives in
Sec. 163.3.
Sec. 163.13 Indian tribal forest enterprise operations.
Indian tribal forest enterprises may be initiated and organized
with consent of the authorized tribal representatives. Such enterprises
may contract for the purchase of non-Indian owned forest products.
Subject to approval by the Secretary the following actions may be
taken:
(a) Authorized tribal enterprises may enter into formal agreements
with tribal representatives for the use of tribal forest products, and
with individual beneficial Indian owners for their forest products;
(b) Authorized officials of tribal enterprises, operating under
approved agreements for the use of Indian-owned forest products
pursuant to this section, may sell the forest products produced
according to generally accepted trade practices;
(c) With the consent of the Indian owners, such enterprises may,
without advertisement, contract for the purchase of forest products on
Indian land at stumpage rates authorized by the Secretary;
(d) Determination of and payment for stumpage and/or products
utilized by such enterprises will be authorized in accordance with
Sec. 163.22. However, the Secretary may issue special instructions for
payment by methods other than those in Sec. 163.22; and
(e) Performance bonds may or may not be required in connection with
operations on Indian land by such enterprises as determined by the
Secretary.
Sec. 163.14 Sale of forest products.
(a) Consistent with the economic objectives of the tribe and with
the consent of the Secretary and authorized tribal representatives,
open market sales of Indian forest products may be authorized. Such
sales require consent of the authorized representatives of the tribe
for the sale of tribal forest products, and the owners of a majority
Indian interest on individually owned lands. Open market sales of
forest products from Indian land located off reservations will be
permitted with the consent of the Secretary and majority Indian
interest of the beneficial owner(s).
(b) On Indian forest land not formally designated for retention in
its natural state, the Secretary may sell the forest products without
the consent of the owner(s) when in his or her judgment such action is
necessary to prevent loss of value resulting from fire, insects,
diseases, windthrow or other catastrophes.
(c) Unless otherwise authorized by the Secretary, each sale of
forest products having an estimated stumpage value exceeding $15,000
will not be approved until:
(1) An examination of the forest products to be sold has been made
by a forest officer; and
(2) A report setting forth all pertinent information has been
submitted to the approving officer as provided in Sec. 163.20.
(d) With the approval of the Secretary, authorized Indian owners
who have been duly apprised as to the value of the forest products to
be sold, may sell or transfer forest products for less than the
appraised value.
(e) Except as provided in Sec. 163.14(d), in all such sales, the
forest products shall be appraised and sold at stumpage rates not less
than those established by the Secretary.
Sec. 163.15 Advertisement of sales.
Except as provided in Secs. 163.13, 163.14, 163.16, and 163.26,
sales of forest products shall be made only after advertising.
(a) The advertisement shall be approved by the officer who will
approve the instrument of sale. Advertised sales shall be made under
sealed bids, or at public auction, or under a combination thereof. The
advertisement may limit sales of Indian forest products to Indian
forest enterprises, members of the tribe, or may grant to Indian forest
enterprises and/or members of the tribe who submitted bids the right to
meet the higher bid of a non-member. If the estimated stumpage value of
the forest products offered does not exceed $15,000, the advertisement
may be made by posters and circular letters. If the estimated stumpage
value exceeds $15,000, the advertisement shall also be made in at least
one edition of a newspaper of general circulation in the locality where
the forest products are situated. If the estimated stumpage value does
not exceed $50,000, the advertisement shall be made for not less than
15 days; if the estimated stumpage value exceeds $50,000 but not
$250,000, for not less than 30 days; and if the estimated stumpage
value exceeds $250,000, for not less than 60 days.
(b) The approving officer may reduce the advertising period because
of emergencies such as fire, insect attack, blowdown, limitation of
time, or when there would be no practical advantage in advertising for
the prescribed period.
(c) If no instrument of sale is executed after such advertisement,
the approving officer may, within one year from the last day on which
bids were to be received as defined in the advertisement, permit the
sale of such forest products. The sale will be made upon the terms and
conditions in the advertisement and at not less than the advertised
value or the appraised value at the time of sale, whichever is greater.
Sec. 163.16 Forest product sales without advertisement.
(a) Sales of forest products may be made without advertisement to
Indians or non-Indians with the consent of the authorized tribal
representatives for tribal forest products or with the consent of the
beneficial owners of a majority Indian interest of individually owned
Indian land, and the approval of the Secretary when:
(1) Forest products are to be cut in conjunction with the granting
of a right-of-way;
(2) Granting an authorized occupancy;
(3) Tribal forest products are to be purchased by an Indian tribal
forest enterprise;
(4) It is impractical to secure competition by formal advertising
procedures;
(5) It must be cut to protect the forest from injury; or
(6) Otherwise specifically authorized by law.
(b) The approving officer shall establish a documented record of
each negotiated transaction. This will include:
(1) A written determination and finding that the transaction is a
type allowing use of negotiation procedures;
(2) The extent of solicitation and competition, or a statement of
the facts upon which a finding of impracticability of securing
competition is based; and
(3) A statement of the factors on which the award is based,
including a determination as to the reasonability of the price
accepted.
Sec. 163.17 Deposit with bid.
(a) A deposit shall be made with each proposal for the purchase of
Indian forest products. Such deposits shall be at least:
(1) Ten (10) percent if the appraised stumpage value is less than
$100,000 and in any event not less than $1,000 or full value whichever
is less;
(2) Five (5) percent if the appraised stumpage value is $100,000 to
$250,000 but in any event not less than $10,000; and
(3) Three (3) percent if the appraised stumpage value exceeds
$250,000 but in any event not less than $12,500.
(b) Deposits shall be in the form of either a certified check,
cashier's check, bank draft, postal money order, or irrevocable letter-
of-credit, drawn payable as specified in the advertisement, or in cash.
(c) The deposit of the apparent high bidder, and of others who
submit a written request to have their bids considered for acceptance
will be retained pending acceptance or rejection of the bids. All other
deposits will be returned following the opening and posting of bids.
(d) The deposit of the successful bidder will be forfeited and
distributed as damages to the beneficial owners if the bidder does not:
(1) Furnish the performance bond required by Sec. 163.21 within the
time stipulated in the advertisement for sale of forest products;
(2) Execute the contract; or
(3) Perform the contract.
(e) Forfeiture of a deposit does not limit or waive any further
claims for damages available under applicable law or terms of the
contract.
(f) In the event of an administrative appeal under 25 CFR part 2,
the Secretary may hold such bid deposits in an escrow account pending
resolution of the appeal.
Sec. 163.18 Acceptance and rejection of bids.
(a) The high bid received in accordance with any advertisement
issued under authority of this part shall be accepted, except that the
approving officer, having set forth the reason(s) in writing, shall
have the right to reject the high bid if:
(1) The high bidder is considered unqualified to fulfill the
contractual requirement of the advertisement; or
(2) There are reasonable grounds to consider it in the interest of
the Indians to reject the high bid.
(b) If the high bid is rejected, the approving officer may
authorize:
(1) Rejection of all bids; or
(2) Acceptance of the offer of another bidder who, at bid opening,
makes written request that their bid and bid deposit be held pending a
bid acceptance.
(c) The officer authorized to accept the bid shall have the
discretion to waive minor technical defects in advertisements and
proposals, such as typographical errors and misplaced entries.
Sec. 163.19 Contracts for the sale of forest products.
(a) In sales of forest products with an appraised stumpage value
exceeding $15,000, the contract forms approved by the Secretary must be
used unless a special form for a particular sale or class of sales is
approved by the Secretary.
(b) Unless otherwise directed, the contracts for forest products
from individually-owned Indian land will be paid by remittance drawn to
the Bureau of Indian Affairs and transmitted to the Superintendent.
Upon the request of the tribe, the contracts for tribal forest products
may require that the proceeds be paid promptly and directly into a bank
depository account designated by such tribe, or by remittance drawn to
the Bureau of Indian Affairs and transmitted to the Superintendent.
(c) By mutual agreement of the parties to a contract, contracts may
be extended, modified, or assigned subject to approval by the approving
officer, and may be terminated by the approving officer upon completion
or by mutual agreement.
Sec. 163.20 Execution and approval of contracts.
(a) All contracts for the sale of tribal forest products shall be
executed by the authorized tribal representative(s). There shall be
included with the contract an affidavit executed by the authorized
tribal representative(s) setting forth the resolution or other
authority of the governing body of the tribe. Contracts must be
approved by the Secretary to be valid.
(b) Contracts for the sale of individually owned forest products
shall be executed by the Indian owner(s) or the Secretary acting
pursuant to a power of attorney from the Indian owner(s). Contracts
must be approved by the Secretary to be valid.
(1) The Secretary may, after consultation with any legally
appointed guardian, execute contracts on behalf of minors and Indian
owners who are non compos mentis.
(2) The Secretary may execute contracts for those persons whose
ownership in a decedent's estate has not been determined or for those
persons who cannot be located after a reasonable and diligent search
and the giving of notice by publication.
(3) Upon the request of the owner of an undivided but unrestricted
interest in land in which there are trust or restricted Indian
interests, the Secretary may include such unrestricted interest in a
sale of the trust or restricted interests in the timber, pursuant to
this part, and perform any functions required of him/her by the
contract of sale for both the restricted and the unrestricted
interests, including the collection and disbursement of payments for
timber and the forest management deductions from such payments.
(4) When consent of only a majority interest has been obtained, the
Secretary may execute the sale on behalf of all owners to fulfill
responsibilities to the beneficiaries of the trust. In such event, the
contract file must contain evidence of the effort to obtain consent of
all owners. When an individual cannot be located, the Secretary, after
a reasonable and diligent search and the giving of notice by
publication, may sign a power of attorney consenting to the sale for
particular interests. For Indian forest land containing undivided
restricted and unrestricted interests, only the restricted interests
are considered in determining if a majority interest has been obtained.
Sec. 163.21 Bonds required.
(a) Performance bonds will be required in connection with all sales
of forest products, except they may or may not be required, as
determined by the approving officer, in connection with the use of
forest products by Indian tribal forest enterprises pursuant to
Sec. 163.13 or in timber cutting permits issued pursuant to
Sec. 163.26.
(1) In sales in which the estimated stumpage value, calculated at
the appraised stumpage rates, does not exceed $15,000, the bond shall
be at least 20 percent of the estimated stumpage value.
(2) In sales in which the estimated stumpage value exceeds $15,000
but is not over $150,000, the bond shall be at least 15 percent of the
estimated stumpage value but not less than $3,000.
(3) In sales in which the estimated stumpage value exceeds
$150,000, but is not over $350,000, the bond shall be at least 10
percent of the estimated stumpage value but not less than $22,500.
(4) In sales in which the estimated stumpage value exceeds
$350,000, the bond shall be at least 5 percent of the estimated
stumpage value but not less than $35,000.
(b) Bonds shall be in a form acceptable to the approving officer
and may include:
(1) A corporate surety bond by an acceptable surety company;
(2) A cash bond designating the approving officer to act under a
power of attorney;
(3) Negotiable U.S. Government securities supported by appropriate
power of attorney; or
(4) An irrevocable letter of credit.
Sec. 163.22 Payment for forest products.
(a) The basis of volume determination for forest products sold
shall be the Scribner Decimal C log rules, cubic volume, lineal
measurement, piece count, weight, or such other form of measurement as
the Secretary may authorize for use. With the exception of Indian
tribal forest enterprises pursuant to Sec. 163.13, payment for forest
products will be required in advance of cutting for timber, or removal
for other forest products.
(b) Upon the request of an Indian tribe, the Secretary may provide
that the purchaser of the forest products of such tribe, which are
harvested under a timber sale contract, permit, or other harvest sale
document to make advanced deposits, or direct payments of the gross
proceeds of such forest products, less any amounts segregated as forest
management deductions pursuant to Sec. 163.25, into accounts designated
by such Indian tribe. Such accounts may be in one or more of the
following formats:
(1) Escrow accounts at a tribally designated financial institution
for receiving deposits with bids and advanced deposits from which
direct disbursements for timber harvested shall be made to tribes and
forest management deductions accounts; or
(2) Tribal depository accounts for receiving advanced payments,
installment payments, payments from Indian tribal forest enterprises,
and/or disbursements from advance deposit accounts or escrow accounts.
(c) The format must allow the Secretary to maintain trust
responsibility through written verification that all required deposits,
payments, and disbursements have been made.
(d) Terms and conditions for payment of forest products under lump
sum (predetermined volume) sales shall be specified in forest product
contract documents.
Sec. 163.23 Advance payment for timber products.
(a) Unless otherwise authorized by the Secretary, and except in the
case of lump sum (predetermined volume) sales, contracts for the sale
of timber from allotted, trust or restricted Indian forest land shall
provide for an advance payment of up to 25 percent of the stumpage
value, calculated at the bid price, within 30 days from the date of
approval and before cutting begins. Additional advance payments may be
specified in contracts. However, no advance payment will be required
that would make the sum of such payment and of advance deposits and
advance payments previously applied against timber cut from each
ownership in a sale exceed 50 percent of the bid stumpage value.
Advance payments shall be credited against the timber of each ownership
in the sale as the timber is cut and scaled at stumpage rates governing
at the time of scaling. Advance payments are not refundable.
(b) Advance payments may be required on tribal land. When required,
advance payments will operate the same as provided for in
Sec. 163.23(a).
Sec. 163.24 Duration of timber contracts.
After the effective date of a forest product contract, unless
otherwise authorized by the Secretary, the maximum period which shall
be allowed for harvesting the estimated volume of timber purchased,
shall be five years.
Sec. 163.25 Forest management deductions.
(a) Pursuant to the provisions of 25 U.S.C. 413 and 25 U.S.C. 3105,
a forest management deduction shall be withheld from the gross proceeds
of sales of forest products harvested from Indian forest land as
described in this section.
(b) Gross proceeds shall mean the value in money or money's worth
of consideration furnished by the purchaser of forest products
purchased under a contract, permit, or other document for the sale of
forest products.
(c) Forest management deductions shall not be withheld where:
(1) The total consideration furnished under a contract, permit or
other document for the sale of forest products is less than $5,001; or
(2) The monies collected are derived from trespass, defaulted
contracts or other civil judgments.
(d) Except as provided in Sec. 163.25(e), the amount of the forest
management deduction shall not exceed the lesser amount of ten percent
(10%) of the gross proceeds or, the actual percentage in effect on
November 28, 1990.
(e) The Secretary shall increase the forest management deduction
percentage for Indian forest land upon receipt of a written request
from a tribe supported by a resolution executed by the authorized
tribal representatives. At the request of the authorized tribal
representatives and at the discretion of the Secretary the forest
management deduction percentage may be decreased to not less than one
percent (1%) or the requirement for collection may be waived.
(f) Forest management deductions are to be utilized to perform
forest land management activities in accordance with an approved
expenditure plan. Expenditure plans shall describe the forest land
management activities anticipated to be undertaken, establish a time
period for their completion, summarize anticipated obligations and
expenditures, and specify the method through which funds are to be
transferred or credited to tribal accounts from special deposit
accounts established to hold amounts withheld as forest management
deductions. Any forest management deductions that have not been
incorporated into an approved expenditure plan by the end of the fiscal
year following the fiscal year in which the deductions are withheld,
shall be collected into the general funds of the United States Treasury
pursuant to 25 U.S.C. 413.
(1) For Indian forest lands located on an Indian reservation, a
written expenditure plan for the use of forest management deductions
shall be prepared annually and approved by the authorized tribal
representative(s) and the Secretary. The approval of the expenditure
plan by the authorized tribal representatives constitutes appropriation
of tribal funds for Indian forest land management activities. Approval
of the expenditure plan by the Secretary shall constitute authority for
crediting of forest management deductions to tribal account(s). The
full amount of any deduction collected by the Secretary plus any income
or interest earned thereon shall be available for expenditure according
to the approved expenditure plan for the performance of forest land
management activities on the reservation from which the forest
management deduction is collected.
(2) For Indian forest lands located outside the boundaries of an
Indian reservation, forest management deductions shall be handled in a
manner similar to that described under Sec. 163.25(f)(1) if the
expenditure plan approved by an Indian tribe and the Secretary provides
for the conduct of forest land management activities on such lands.
(3) For public domain and Alaska Native allotments held in trust
for Indians by the United States, forest management deductions may be
utilized to perform forest land management activities on such lands in
accordance with an expenditure plan approved by the Secretary.
(g) Forest management deductions withheld pursuant to this section
shall not be available to cover the costs that are paid from funds
appropriated for fire suppression or pest control or otherwise offset
Federal appropriations for meeting the Federal trust responsibility for
management of Indian forest land.
(h) Within one hundred twenty (120) days after the close of the
tribal fiscal year, tribes shall submit to the Secretary a written
report detailing the actual expenditure of forest management deductions
during the past fiscal year. The Secretary shall have the right to
inspect accounts, books or other tribal records supporting the report.
(i) Forest management deductions incorporated into an expenditure
plan approved by the Secretary shall remain available until expended.
(j) As provided in Sec. 163.25(f) only forest management deductions
that have not been incorporated into an approved expenditure plan may
be deposited to a U.S. Treasury receipt account. No amount collected as
forest management deductions shall be credited to any Federal
appropriation. No other forest management deductions or fees derived
from Indian forest land shall be collected to be covered into the
general funds of the United States Treasury.
Sec. 163.26 Forest product harvesting permits.
(a) Except as provided in Secs. 163.13 and 163.27, removal of
forest products that are not under formal contract, pursuant to
Sec. 163.19, shall be under forest product harvesting permit forms
approved by the Secretary. Permits will be issued only with the written
consent of the Indian owner(s) or the Secretary, for harvest of forest
products from Indian forest land, as authorized in Sec. 163.20. To be
valid, permits must be approved by the Secretary. Minimum stumpage
rates at which forest products may be sold will be set at the time
consent to issue the permit is obtained. Payment and bonding
requirements will be stipulated in the permit document as appropriate.
(b) Free use harvesting permits issued shall specify species and
types of forest products to be removed. It may be stipulated that
forest products removed under this authority cannot be sold or
exchanged for other goods or services. The estimated value which may be
harvested in a fiscal year by any individual under this authority shall
not exceed $5,000. For the purpose of issuance of free use permits,
individual shall mean an individual Indian or any organized group of
Indians.
(c) Paid permits subject to forest management deductions, as
provided in Sec. 163.25, may be issued. Unless otherwise authorized by
the Secretary, the stumpage value which may be harvested under paid
permits in a fiscal year by any individual under this authority shall
not exceed $25,000. For the purpose of issuance of paid permits,
individual shall mean an individual or any operating entity comprised
of more than one individual.
(d) A Special Allotment Timber Harvest Permit may be issued to an
Indian having sole beneficial interest in an allotment to harvest and
sell designated forest products from his or her allotment. The special
permit shall include provision for payment by the Indian of forest
management deductions pursuant to Sec. 163.25. Unless waived by the
Secretary, the permit shall also require the Indian to make a bond
deposit with the Secretary as required by Sec. 163.21. Such bonds will
be returned to the Indian upon satisfactory completion of the permit or
will be used by the Secretary in his or her discretion for planting or
other work to offset damage to the land or the timber caused by failure
to comply with the provisions of the permit. As a condition to granting
a special permit under authority of this paragraph, the Indian shall be
required to provide evidence acceptable to the Secretary that he or she
has arranged a bona fide sale of the forest products, on terms that
will protect the Indian's interests.
Sec. 163.27 Free-use harvesting without permits.
With the consent of the Indian owners and the Secretary, Indians
may cut designated types of forest products from Indian forest land
without a permit or contract, and without charge. Timber cut under this
authority shall be for the Indian's personal use, and shall not be sold
or exchanged for other goods or services.
Sec. 163.28 Fire management measures.
(a) The Secretary is authorized to maintain facilities and staff,
hire temporary labor, rent fire fighting equipment, purchase tools and
supplies, and pay for their transportation as needed, to maintain an
adequate level of readiness to meet normal wildfire protection needs
and extinguish forest or range fires on Indian land. No expenses for
fighting a fire outside Indian lands may be incurred unless the fire
threatens Indian land or unless the expenses are incurred pursuant to
an approved cooperative agreement with another protection agency. The
rates of pay for fire fighters and for equipment rental shall be the
rates for fire fighting services that are currently in use by public
and private wildfire protection agencies adjacent to Indian
reservations on which a fire occurs, unless there are in effect at the
time different rates that have been approved by the Secretary. The
Secretary may also enter into reciprocal agreements with any fire
organization maintaining protection facilities in the vicinity of
Indian reservations or other Indian land for mutual aid in wildfire
protection. This section does not apply to the rendering of emergency
aid, or agreements for mutual aid in fire protection pursuant to the
Act of May 27, 1955 (69 Stat. 66).
(b) The Secretary will conduct a wildfire prevention program to
reduce the number of person-caused fires and to prevent damage to
natural resources on Indian land.
(c) The Secretary is authorized to expend funds for emergency
rehabilitation measures needed to stabilize soil and watershed on
Indian land damaged by wildfire.
(d) Upon consultation with the beneficial Indian owners, the
Secretary may use fire as a management tool on Indian land to achieve
land and/or resource management objectives.
Sec. 163.29 Trespass.
(a) Trespassers will be liable for penalties and damages to the
enforcement agency and the beneficial Indian owners, and will be
subject to prosecution for acts of trespass.
(1) Cases in tribal court. The measure of damages to be applied in
cases of timber and related trespass in tribal court will be that
prescribed by the law of the tribe in whose reservation or within whose
jurisdiction the trespass was committed, unless Federal law prescribes
a different rule. Where tribal law does not supply a measure of
damages, the measure shall be that prescribed by the law of the state
in which the trespass was committed, unless Federal law prescribes a
different measure.
(2) Cases in Federal court. The measure of damages to be applied in
cases of timber and related trespass in Federal court will be that
prescribed by Federal law. In the absence of applicable Federal law,
the measure shall be that prescribed by the law of the tribe in whose
reservation or within whose jurisdiction the trespass was committed and
by the law of the state in which it was committed.
(3) Civil penalties for trespass include:
(i) Treble damages, whenever any person, without lawful authority,
willfully injures, severs, or carries off from Indian land any tree,
timber, or shrub. Proof of Indian ownership of the premises and
commission of the acts by the trespasser are prima facie evidence that
the acts were committed willfully, intentionally, and without requisite
consent. Treble damages shall be based upon the fair market value of
the highest-valued product obtainable from the raw materials involved
in the trespass.
(ii) Double damages, whenever a trespasser can prove that the
trespass act was casual or involuntary, or that the trespasser had
probable cause to believe that the land on which the trespass was
committed was his own or that of the person in whose service or by
whose direction the act was done. Double damages shall be based upon
the fair market value of the highest-valued product obtainable from the
raw materials involved in the trespass.
(iii) Payment of costs associated with damage to Indian forest land
including, but not limited to, rehabilitation, reforestation, lost
future revenue, loss of productivity, and damage to other forest
resources.
(iv) Payment of all reasonable costs associated with the
enforcement of these trespass regulations beginning with detection and
including all processes through the prosecution and collection of the
settlement, such as field examination and survey, damage appraisal,
investigation assistance and reports, witness expenses, demand letters,
court costs, and attorney fees.
(b) Payment of civil penalties may involve collection of cash,
forfeiture of real and personal property, and garnishment. Any cash or
other proceeds realized from forfeiture of equipment or other goods or
forest products damaged or taken in the trespass, shall be applied to
civil penalties and other expenses incurred by the enforcement agency
and the beneficial owner(s) damaged by the trespass. After disposition
of real and personal property to pay civil liability penalties and
enforcement costs of the trespass, any residual funds shall be returned
to the trespasser. In the event that collection and forfeiture actions
taken against the trespasser result in less than full recovery of civil
penalties, penalty damages collected will be equitably distributed
among beneficial owners based on the estimate of damages for the
trespass.
(c) Indian beneficial owners who trespass, or are involved in
trespass upon their own land, or undivided land in which such owners
have a partial interest, shall not receive damages collected as a civil
penalty in consequence of the trespass.
(d) Civil penalties collected under Sec. 163.29(a) shall be treated
as proceeds from the sale of forest products from the Indian forest
land upon which the trespass occurred.
(e) When there is reason to believe that Indian forest products are
involved in trespass, the agency superintendent or such other
representative of the Secretary with responsibility for the reservation
may prohibit the removal of such forest products from Indian land or
have such forest products seized for safekeeping and use as evidence of
trespass. When there is reason to believe that Indian forest products
are involved in trespass and that such products have been removed to
land not under government supervision, the representative of the
Secretary with responsibility for the reservation shall immediately
notify the owner of the land or the party in possession of the trespass
products that such products could be Indian trust property involved in
a trespass and that no action to remove or otherwise dispose of such
products may be taken unless authorized by the Secretary. The
representative of the Secretary shall cause Indian forest products that
can be positively identified to be sold where practicable to recover
their value for the beneficial Indian owners prior to deterioration.
(f) Whenever an individual authorized to enforce against trespass
activity has probable cause to believe that trespass activity has
occurred, such individual may seize and take possession of the products
and/or equipment involved in the trespass activity. All equipment
seized shall be kept in the custody of the enforcement agency for use
as evidence unless otherwise ordered by a court of competent
jurisdiction. The representative of the Secretary simultaneously with
any seizure shall give written notice of the seizure to the party in
possession of the products and/or equipment involved in the apparent
trespass activity. Such notice shall include the statement that the
seizure may be administratively appealed pursuant to part 2 of this
Title.
(g) The representative of the Secretary or the authorized tribal
representative will promptly determine if a trespass has occurred. The
appropriate representative shall issue an official notice of trespass
to the alleged trespasser and, if necessary, the possessor or potential
buyer of any trespass products. The notice will inform the trespasser,
buyer, or processor, that the Bureau of Indian Affairs has determined
that a trespass has occurred, of the basis for the determination, and
of the seizure of forest products and/or equipment involved in trespass
and that the determination and the seizure may be administratively
appealed as actions of the Bureau of Indian Affairs under part 2 of
this Title. Said representative shall post a trespass notice on the
property. Any forest product seized under these procedures may be sold
or otherwise disposed of as determined appropriate by the Bureau of
Indian Affairs and such action shall not be stayed by the filing of an
administrative appeal. The Secretary's and tribe's representatives will
be jointly responsible to coordinate prosecution of trespass actions
and involve the appropriate officers of the Bureau of Indian Affairs
and the tribe(s). Except where the Secretary defers to tribal
prosecution or the tribe chooses not to be so bound, said
representatives will determine the appropriate forum(s) for prosecution
of each case not administratively settled.
(h) The Secretary may accept payment of damages in full in the
settlement of civil trespass cases without resort to court action. In
the absence of a court decision, the Secretary will determine the
procedure and approve acceptance of any negotiated settlements.
(i) The Secretary may delegate by written agreement or contract,
responsibility for detection and investigation of forest trespass to
Indian tribes.
(j) Indian tribes that adopt the regulations set forth in this
section, conformed as necessary to tribal law, shall have concurrent
civil jurisdiction to enforce section 307 of the National Indian Forest
Resources Management Act of 1990 and this section against any person.
(1) The Secretary shall acknowledge said civil jurisdiction over
trespass, upon:
(i) Receipt of a formal tribal resolution documenting the tribe's
adoption of this section; and
(ii) Notification of the ability of the tribal court system to
properly adjudicate forest trespass cases, including a statement that
the tribal court will enforce the Indian Civil Rights Act or a tribal
civil rights law that contains provisions for due process and equal
protection that are similar to or stronger than those contained in the
Indian Civil Rights Act.
(2) Where an Indian tribe has acquired concurrent civil
jurisdiction on trespass cases as set forth in paragraph (j)(1) of this
section, the Secretary shall, upon request of the tribe, defer
prosecution of forest trespasses to the tribe. Where said deferral is
not requested, the designated Bureau of Indian Affairs forestry
trespass official shall coordinate with the forest trespass official of
each tribe the exercise of concurrent tribal and Federal trespass
jurisdiction as to each trespass. Such officials shall review each
case, determine in which forums to recommend bringing an action, and
promptly provide their recommendation to the officials responsible for
initiating cases in the selected forum(s).
(3) The Secretary may rescind deferral to prosecute civil trespass:
(i) Upon determination by a court of competent jurisdiction that
the tribal court has not adhered to the due process and equal
protection requirements of the Indian Civil Rights Act in forest
trespass cases, and the failure of the tribal court to meet said
requirements; or
(ii) If no determination is forthcoming after one year from a
tribal court's action in a forest trespass case that the Secretary
determines violates said requirements.
(4) If the Secretary determines that said rescission is justified,
he or she shall provide written notice to the chief judge of the tribal
judiciary of the findings justifying said rescission and of steps
needed to remedy violations of due process and/or equal protection. If
said steps are not taken within 60 days, the Secretary may rescind
deferral. The affected tribe(s) may appeal a rescission under part 2 of
this Title.
Sec. 163.30 Revocable road use and construction permits for removal of
commercial forest products.
(a) The Secretary may request tribes and/or other beneficial owners
to sign revocable permits designating the Secretary as Agent for the
landowner and empowering him or her to issue revocable road use and
construction permits to users for the purpose of removing forest
products.
(b) When a majority of trust interest in a tract has consented, the
Secretary may issue revocable road use and construction permits for
removal of forest products over and across such land. In addition, the
Secretary may act for individual owners when:
(1) One or more of the individual owner(s) of the land or of an
interest therein is a minor or a person non compos mentis, and the
Secretary finds that such grant, in total or for an interest therein,
will cause no substantial injury to the land or the owner, which cannot
be adequately compensated for by monetary damages;
(2) The whereabouts of the owner(s) of the land or an interest
therein are unknown, and the owner(s) of any interests therein whose
whereabouts are known or majority thereof, consent to the grant;
(3) The heirs or devisees of a deceased owner of the land or
interest therein have not been determined, and the Secretary finds the
grant will cause no substantial injury to the land or any owner
thereof, provided that once the heirs or devisees of the deceased owner
are determined, their consent is obtained; or
(4) The owners of interests in the land are so numerous that the
Secretary finds it would be impractical to obtain the consent of the
majority and finds that such grant in total or an interest therein will
cause no substantial injury to the land or the owner(s), which cannot
be adequately compensated for by monetary damages.
(c) Nothing in this section shall preclude acquisition of rights-
of-way over Indian lands, subchapter H, 25 CFR part 169, or conflict
with provisions of that part.
Sec. 163.31 Insect and disease control.
(a) The Secretary is authorized to protect and preserve Indian
forest land from disease or insects (Sept. 20, 1922, Ch. 349, 42 Stat.
857). The Secretary shall consult with the authorized tribal
representatives and beneficial owners of Indian forest land concerning
control actions.
(b) The Secretary is responsible for controlling and mitigating
harmful effects of insects and diseases on Indian forest land and will
coordinate control actions with the Secretary of Agriculture in
accordance with 92 Stat. 365, 16 U.S.C. 2101.
Sec. 163.32 Forest development.
Forest development pertains to forest land management activities
undertaken to improve the productivity of commercial Indian forest
land. The program shall consist of reforestation, timber stand
improvement projects, and related investments to enhance productivity
of commercial forest land with emphasis on accomplishing on-the-ground
projects. Forest development funds will be used to re-establish,
maintain, and/or improve growth of commercial timber species and
control stocking levels on commercial forest land. Forest development
activities will be planned and executed using benefit-cost analyses as
one of the determinants in establishing priorities for project funding.
Sec. 163.33 Administrative appeals.
Any challenge to action taken by an approving officer or
subordinate official exercising delegated authority from the Secretary
shall be exclusively through administrative appeal or as provided in
the Indian Self-Determination and Education Assistance Act (Pub. L. 93-
638, as amended). Such appeal(s) shall be filed in accordance with the
provisions of 25 CFR part 2, Appeals from administrative actions, and
any other applicable regulations covering appeals and shall not stay
any action unless otherwise directed by the Secretary.
Sec. 163.34 Environmental compliance.
Actions under the regulations in this part will be reviewed for
potential environmental impacts, under the National Environmental
Policy Act of 1969, applicable Council on Environmental Quality
Regulations, and using for guidance applicable tribal laws and
regulations.
Sec. 163.35 Indian forest land assistance account.
(a) At the request of a tribe's authorized representatives, the
Secretary may establish, within the tribe's trust fund account, a
forest land assistance account.
(b) Deposits into the account shall be credited either to forest
transportation or to general forest land management activities.
(c) Deposits into the account may include:
(1) Funds from non-Federal sources related to activities on or for
the Indian forest land of such tribe's reservation;
(2) Donations or contributions;
(3) Unobligated forestry appropriations for the tribe;
(4) User fees; and
(5) Funds transferred under Federal interagency agreements if
otherwise authorized by law.
(d) For purposes of Sec. 163.35(c)(3), unobligated forestry
appropriations shall consist of those balances which remain unobligated
at the end of the fiscal year(s) for which such funds are appropriated
and which are identified in the finance system by the tribe's
organization code, and organization code is a unique number assigned to
each tribe in the finance system.
(e) Funds in the Indian forest land assistance account plus any
interest or other income earned thereon shall remain available until
expended and shall not be available to otherwise offset Federal
appropriations for the management of Indian forest land.
(f) Funds in the forest land assistance account shall be used only
for forest land management activities on the reservation for which the
account is established.
(g) Funds in a tribe's forest land assistance account shall be
expended in accordance with a plan approved by the tribe and the
Secretary.
(h) In addition to the annual audit performed by the Secretary to
oversee trust funds, the Secretary may, where circumstances warrant, at
the request of the tribe, or upon the Secretary's own volition, conduct
audits of the forest land assistance accounts and shall provide the
results of such audits to the tribe(s).
Sec. 163.36 Tribal forestry program financial support.
(a) The Secretary shall maintain a program to provide financial
support to qualifying tribal forestry programs. A qualifying tribal
forestry program is an organization or entity established by a tribe
for purposes of carrying out forest land management activities. Such
financial support shall be made available through the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638, as
amended).
(b) The authorized tribal representatives of any category 1, 2, or
3 reservation with an established tribal forestry program or with an
intent to establish such a program for the purpose of carrying out
forest land management activities may apply and qualify for tribal
forestry program financial support. Reservation categories, as
determined by the Secretary, are defined as:
(1) Category 1 includes major forested reservations comprised of
more than 10,000 acres of trust or restricted commercial timberland or
having more than a one million board foot harvest of forest products
annually.
(2) Category 2 includes minor forested reservations comprised of
less than 10,000 acres of trust or restricted commercial timberland and
having less than a one million board foot harvest of forest products
annually, or whose forest resource is determined by the Secretary to be
of significant commercial timber value.
(3) Category 3 includes significant woodland reservations comprised
of an identifiable trust or restricted forest area of any size which is
lacking a timberland component, and whose forest resource is determined
by the Secretary to be of significant commercial woodland value.
(c) A group of tribes which has either established or intends to
establish a cooperative tribal forestry program to provide forest land
management services to their reservations may apply and qualify for
tribal forestry program financial support. For purposes of financial
support under this provision, the cooperative tribal forestry program
and the commercial forest acreage and annual allowable cut which it
represents may be considered as a single reservation.
(d) Before the beginning of each Federal fiscal year, tribes
applying to qualify for forestry program financial support shall submit
application packages to the Secretary which:
(1) Document that a tribal forestry program exists or that there is
an intent to establish such a program;
(2) Describe forest land management activities and the time line
for implementing such activities which would result from receiving
tribal forestry program financial support; and
(3) Document commitment to sustained yield management.
(e) Tribal forestry program financial support shall provide
professional and technical services to carry out forest land management
activities and shall be based on levels of funding assistance as
follows:
(1) Level one funding assistance shall be equivalent to a Federal
Employee General Pay Schedule GS 9 step 5 position salary plus an
additional forty (40) percent of the annual salary for such a position
to pay for fringe benefits and support costs;
(2) Level two funding assistance shall be equivalent to an
additional Federal Employee General Pay Schedule GS 9 step 5 position
salary plus an additional forty (40) percent of the annual salary for
such a position to pay for fringe benefits and support costs; and
(3) Level three funding assistance shall be based on equal
distribution of remaining funds among qualifying applicants.
(f) Determination of qualification for level of funding assistance
shall be as follows:
(1) A funding level qualification value shall be determined for
each eligible applicant using the following formula. Such formula shall
only be used to determine which applicants qualify for level one
funding assistance. Acreage and allowable cut data used in the formula
shall be as maintained by the Secretary. Eligible applicants with a
funding level qualification value of one (1) or greater shall qualify
for level one assistance.
Funding Level Qualification Formula
TP27JA94.003
where:
CA=applicant's total commercial Indian forest land acres;
Tot. CA=national total commercial Indian forest land acres;
AAC=applicant's total allowable annual cut from commercial Indian
forest land acres; and
Tot. AAC=national total allowable annual cut from commercial Indian
forest land acres.
(2) All category 1 or 2 reservations that are eligible applicants
under Sec. 163.36(d) are qualified and eligible for level two
assistance.
(3) All category 1, 2 or 3 reservations that are eligible
applicants under Sec. 163.36(d) are qualified and eligible for level
three assistance.
(g) Tribal forestry program financial support funds shall be
distributed based on the following:
(1) All requests from reservations qualifying for level one funding
assistance must be satisfied before funds are made available for level
two funding assistance;
(2) All requests from reservations qualifying for level two funding
assistance must be satisfied before funds are made available for level
three funding assistance; and
(3) If available funding is not adequate to satisfy all requests at
a particular level of funding, funds will be evenly divided among
tribes qualifying at that level.
Sec. 163.37 Forest management research.
The Secretary, with the consent of the authorized Indian
representatives is authorized to perform forestry research activities
to improve the basis for determining appropriate land management
activities to apply to Indian forest land.
Subpart C--Forestry Education, Education Assistance, Recruitment
and Training
Sec. 163.40 Indian and Alaska Native forestry education assistance.
(a) Establishment and evaluation of the forestry education
assistance programs.
(1) The Secretary shall establish within the Bureau of Indian
Affairs Division of Forestry an education committee to coordinate and
implement the forestry education assistance programs and to select
participants for all the forestry education assistance programs with
the exception of the cooperative education program. Such committee will
be, at a minimum, comprised of a professional educator, a personnel
specialist, an Indian or Alaska Native who is not employed by the
Bureau of Indian Affairs, and a professional forester from the Bureau
of Indian Affairs.
(2) The Secretary, through the Bureau of Indian Affairs Division of
Forestry, shall monitor and evaluate the forestry education assistance
programs to ensure there are adequate Indian and Alaska Native
foresters and forestry-related professionals to manage the Bureau of
Indian Affairs forestry programs and forestry programs maintained by or
for tribes and ANCSA Corporations. Such monitoring and evaluating shall
identify the number of participants in the intern, cooperative
education, scholarship, and outreach programs; the number of
participants who completed the requirements to become a professional
forester or forestry-related professional; and the number of
participants completing advanced degree requirements.
(b) Forester intern program.
(1) The purpose of the forester intern program is to ensure the
future participation of trained, professional Indians and Alaska
Natives in the management of Indian and Alaska Native forest land. In
keeping with this purpose, the Bureau of Indian Affairs in concert with
tribes and Alaska Natives will work:
(i) To obtain the maximum degree of participation from Indians and
Alaska Natives in the forester intern program;
(ii) To encourage forester interns to complete an undergraduate
degree program in a forestry or forestry-related field; and
(iii) To create an opportunity for the advancement of forestry and
forestry-related technicians to professional resource management
positions with the Bureau of Indian Affairs, a tribe, tribal forest
enterprise or ANCSA Corporation.
(2) The Secretary, through the Bureau of Indian Affairs Division of
Forestry, subject to the availability of personnel resource levels
established in agency budgets, shall establish and maintain in the
Bureau of Indian Affairs at least 20 positions for the forester intern
program. All Indians and Alaska Natives who satisfy the qualification
criteria in Sec. 163.40(b)(3) may compete for such positions.
(3) To be considered for selection, applicants for forester intern
positions must meet the following criteria:
(i) Be eligible for Indian preference as defined in 25 CFR part 5,
subchapter A;
(ii) Possess a high school diploma or its recognized equivalent;
(iii) Be able to successfully complete the intern program within a
three year maximum time period; and
(iv) Possess a letter of acceptance to an accredited post-secondary
school or demonstrate that such a letter of acceptance will be acquired
within 90 days.
(4) The Bureau of Indian Affairs shall advertise vacancies for
forester intern positions semi-annually, no later than the first day of
April and October, to accommodate entry into school.
(5) Selection of forester interns will be based on the following
guidelines:
(i) Selection will be on a competitive basis selecting applicants
who have the greatest potential for success in the program;
(ii) Selection will take into consideration the amount of time
which will be required for individual applicants to complete the intern
program;
(iii) Priority in selection will be given to candidates currently
employed with and recommended for participation by the Bureau of Indian
Affairs, a tribe, a tribal forest enterprise or ANCSA Corporation; and
(iv) Selection of individuals to the program awaiting the letter of
acceptance required by Sec. 163.40(b)(3)(iv) may be canceled if such
letter of acceptance is not secured and provided to the education
committee in a timely manner.
(6) Forester interns shall comply with each of the following
program requirements:
(i) Maintain full-time status in a forestry related curriculum at
an accredited post-secondary school having an articulation agreement
which assures the transferability of a minimum of 55 semester hours
from the post-secondary institution which meet the program requirements
for a forestry related degree program at a baccalaureate-granting
institution accredited by the American Association of Universities;
(ii) Maintain good academic standing;
(iii) Enter into an obligated service agreement to serve as a
professional forester or forestry-related professional with the Bureau
of Indian Affairs, the recommending tribe, tribal forest enterprise or
ANCSA Corporation for two years for each year in the program; and
(iv) Report for service with the Bureau of Indian Affairs, a tribe,
tribal forest enterprise or ANCSA Corporation during any break in
attendance at school of more than three weeks duration. Time spent in
such service shall be counted toward satisfaction of the intern's
obligated service.
(7) The education committee established pursuant to
Sec. 163.40(a)(1) will annually evaluate the performance of forester
intern program participants against requirements enumerated in
Sec. 163.40(b)(6) to ensure that they are satisfactorily progressing
toward completing program requirements.
(8) The Secretary shall pay all costs for tuition, books, fees and
living expenses incurred by a forester intern while attending an
accredited post-secondary school.
(c) Cooperative education program.
(1) The purpose of the cooperative education program is to recruit
and develop promising Indian and Alaska Native students who are
enrolled in secondary schools, tribal or Alaska Native community
colleges, and other post-secondary schools for employment as
professional foresters and other forestry-related professionals by the
Bureau of Indian Affairs, a tribe, a tribal forest enterprise or ANCSA
Corporation.
(2) The program shall be operated by the Bureau of Indian Affairs
Division of Forestry in accordance with the provisions of 5 CFR
213.3202(a) and 213.3202(b), and the provisions of chapter 308 of the
Federal Personnel Manual.
(3) To be considered for selection, applicants for the cooperative
education program must meet the following criteria:
(i) Meet eligibility requirements stipulated in chapter 308 of the
Federal Personnel Manual;
(ii) Be accepted into or enrolled in a course of study at a high
school offering college preparatory course work, an accredited
institution which grants baccalaureate degrees in forestry or forestry-
related curriculums or a post-secondary education institution which has
an articulation agreement with a college or university which grants
baccalaureate degrees in forestry or forestry-related curriculums. The
articulation agreement must assure the transferability of a minimum of
55 semester hours from the post-secondary institution which meet the
program requirements for a forestry related degree program at the
baccalaureate-granting institution.
(4) Cooperative education steering committees established at the
field level shall select program participants based on eligibility
requirements stipulated in Sec. 163.40(c)(3) without regard to
applicants' financial needs.
(5) A recipient of assistance under the cooperative education
program shall be required to enter into an obligated service agreement
to serve as a professional forester or forestry-related professional
with the Bureau of Indian Affairs, a recommending tribe, tribal forest
enterprise or ANCSA Corporation for one year in return for each year in
the program.
(6) The Secretary shall pay all costs of tuition, books, fees, and
transportation to and from the job site to school, for an Indian or
Alaska Native student who is selected for participation in the
cooperative education program.
(d) Scholarship program.
(1) The Secretary is authorized, within the Bureau of Indian
Affairs Division of Forestry, to establish and grant forestry
scholarships to Indians and Alaska Natives enrolled in accredited
programs for post-secondary and graduate forestry and forestry-related
programs of study as full-time students.
(2) The education committee established pursuant to
Sec. 163.40(a)(1) shall select program participants based on
eligibility requirements stipulated in Secs. 163.40(d)(5), 163.40(d)(6)
and 163.40(d)(7) without regard to applicants' financial needs or past
scholastic achievements.
(3) Recipients of scholarships must reapply annually to continue
funding beyond the initial award period. Students who have been
recipients of scholarships in past years, who are in good academic
standing and have been recommended for continuation by their academic
institution will be given priority over new applicants for selection
for scholarship assistance.
(4) The amount of scholarship funds an individual is awarded each
year will be contingent upon the availability of funds appropriated
each fiscal year and, therefore, may be subject to yearly changes.
(5) Preparatory scholarships are available for a maximum of two and
one half academic years of general, undergraduate course work leading
to a degree in forestry or forestry-related curriculums and may be
awarded to individuals who meet the following criteria:
(i) Must possess a high school diploma or its recognized
equivalent; and
(ii) Be enrolled and in good academic standing or accepted for
enrollment at an accredited post-secondary school which grants degrees
in forestry or forestry-related curriculums or be in a post-secondary
institution which has an articulation agreement with a college or
university which grants baccalaureate degrees in forestry or forestry-
related curriculums. The articulation agreement must assure the
transferability of a minimum of 55 semester hours from the post-
secondary institution which meet the program requirements for a
forestry-related curriculum at the baccalaureate-granting institution.
(6) Pregraduate scholarships are available for a maximum of three
academic years and may be awarded to individuals who meet the following
criteria:
(i) Have completed a minimum of 55 semester hours towards a
baccalaureate degree in a forestry or forestry-related curriculum; and
(ii) Be accepted into a forestry or forestry-related baccalaureate
degree-granting program at an accredited college or university.
(7) Graduate scholarships are available for a maximum of three
academic years for individuals selected into the graduate program of an
accredited college or university that grants advanced degrees in
forestry or forestry-related fields.
(8) A recipient of assistance under the scholarship program shall
be required to enter into an obligated service agreement to serve as a
professional forester or forestry-related professional with the Bureau
of Indian Affairs, a tribe, tribal forest enterprise or ANCSA
Corporation for one year for each year in the program.
(9) The Secretary shall pay all scholarships approved by the
education committee established pursuant to Sec. 163.40(a)(1), for
which funding is available.
(e) Forestry education outreach.
(1) The Secretary shall establish and maintain a forestry education
outreach program within the Bureau of Indian Affairs Division of
Forestry for Indian and Alaska Native youth which will:
(i) Encourage students to acquire academic skills needed to succeed
in post-secondary mathematics and science courses;
(ii) Promote forestry career awareness;
(iii) Involve students in projects and activities oriented to
forestry related professions early so students realize the need to
complete required pre-college courses; and
(iv) Integrate Indian and Alaska Native forestry program activities
into the education of Indian and Alaska Native students.
(2) The program shall be developed and carried out in consultation
with appropriate community education organizations, tribes, ANCSA
Corporations, and Alaska Native organizations.
(3) The program shall be coordinated and implemented nationally by
the education committee established pursuant to Sec. 163.40(a)(1).
(f) Postgraduate studies.
(1) The purpose of the postgraduate studies program is to enhance
the professional and technical knowledge of Indian and Alaska Native
foresters and forestry-related professionals working for the Bureau of
Indian Affairs, a tribe, tribal forest enterprise or ANCSA Corporations
so that the best possible service is provided to Indian and Alaska
Native publics.
(2) The Secretary is authorized to pay the cost of tuition, fees,
books and salary of Alaska Natives and Indians who are employed by the
Bureau of Indian Affairs, a tribe, tribal forest enterprise or ANCSA
Corporation who have previously received diplomas or degrees in
forestry or forestry-related curriculums and who wish to pursue
advanced levels of education in forestry or forestry-related fields.
(3) Requirements of the postgraduate study program are:
(i) The goal of the advanced study program is to encourage
participants to obtain additional academic credentials such as a degree
or diploma in a forestry or forestry-related field;
(ii) The duration of course work cannot be less than one semester
or more than three years; and
(iii) Students in the postgraduate studies program must meet
performance standards as required by the graduate school offering the
study program during their course of study.
(4) Program applicants will submit application packages to the
education committee established by Sec. 163.40(a)(1). At a minimum,
such packages shall contain a complete SF 171 and an endorsement,
signed by the applicant's supervisor clearly stating the needs and
benefits of the desired training.
(5) The education committee established pursuant to
Sec. 163.40(a)(1) shall select program participants based on the
following criteria:
(i) Need for the expertise sought at both the local and national
levels;
(ii) Expected benefits, both to the location and nationally; and
(iii) Years of experience and the service record of the employee.
(6) Program participants will enter into an obligated service
agreement in accordance with Sec. 163.42(a), to serve as a professional
forester or forestry-related professional with the Bureau of Indian
Affairs, a tribe, tribal forest enterprise or ANCSA Corporation for two
years for each year in the program. However, the obligated service
requirement may be reduced by the Secretary if the employee receives
supplemental funding such as research grants, scholarships or graduate
stipends and, as a result, reduces the need for financial assistance.
If the obligated service agreement is breached, the Secretary is
authorized to pursue collection in accordance with Sec. 163.42(b).
Sec. 163.41 Postgraduation recruitment, continuing education and
training programs.
(a) Postgraduation recruitment program.
(1) The purpose of the postgraduation recruitment program is to
recruit Indian and Alaska Native graduate foresters and trained
forestry technicians into the Bureau of Indian Affairs forestry program
or forestry programs conducted by a tribe, tribal forest enterprise or
ANCSA Corporation.
(2) The Secretary is authorized to assume outstanding student loans
from established lending institutions of Indian and Alaska Native
foresters and forestry technicians who have successfully completed a
post-secondary forestry or forestry-related curriculum at an accredited
institution.
(3) Indian and Alaska Natives receiving benefits under this program
shall enter into an obligated service agreement in accordance with
Sec. 163.42(a). Obligated service required under this program will be
one year for every $5,000 of student loan debt repaid.
(4) If the obligated service agreement is breached, the Secretary
is authorized to pursue collection of the student loan(s) in accordance
with Sec. 163.42(b).
(b) Postgraduate intergovernmental internships.
(1) Forestry personnel working for the Bureau of Indian Affairs, a
tribe, tribal forest enterprise or ANCSA Corporation may apply to the
Secretary and be granted an internship within forestry-related programs
of agencies of the Department of the Interior.
(2) Forester or forestry-related personnel from other Department of
the Interior agencies may apply through proper channels for internships
within Bureau of Indian Affairs forestry programs and, with the consent
of a tribe or Alaska Native organization, within tribal or Alaska
Native forestry programs.
(3) Forestry personnel from agencies not within the Department of
the Interior may apply, through proper agency channels and pursuant to
an interagency agreement, for an internship within the Bureau of Indian
Affairs and, with the consent of a tribe or Alaska Native organization,
within a tribe, tribal forest enterprise or ANCSA Corporation.
(4) Forestry personnel from a tribe, tribal forest enterprise or
ANCSA Corporation may apply, through proper channels and pursuant to a
cooperative agreement, for an internship within another tribe, tribal
forest enterprise or ANCSA Corporation forestry program.
(5) The employing agency of participating Federal employees will
provide for the continuation of salary and benefits.
(6) The host agency for participating tribal, tribal forest
enterprise or ANCSA Corporation forestry employees will provide for
salaries and benefits.
(7) A bonus pay incentive, up to twenty-five (25) percent of the
intern's base salary, may be provided to intergovernmental interns at
the conclusion of the internship period. Bonus pay incentives will be
at the discretion of and funded by the host organization and will be
conditioned upon the host agency's documentation of the intern's
superior performance, in accordance with the agency's performance
standards, during the internship period.
(c) Continuing education and training.
(1) The purpose of continuing education and training is to
establish a program to provide for the ongoing education and training
of forestry personnel employed by the Bureau of Indian Affairs, a
tribe, tribal forest enterprise or ANCSA Corporation. This program will
emphasize continuing education and training in three areas:
(i) Orientation training including tribal-Federal relations and
responsibilities;
(ii) Technical forestry education; and
(iii) Developmental training in forest land-based enterprises and
marketing.
(2) The Secretary shall implement within the Bureau of Indian
Affairs Division of Forestry, an orientation program designed to
increase awareness and understanding of Indian culture and its effect
on forest management practices and on Federal laws that affect forest
management operations and administration in the Indian forestry
program.
(3) The Secretary shall implement within the Bureau of Indian
Affairs Division of Forestry, a continuing technical forestry education
program to assist foresters and forestry-related professionals to
perform forest management on Indian forest land.
(4) The Secretary shall implement, within the Bureau of Indian
Affairs Division of Forestry, a forest land-based forest enterprise and
marketing training program to assist with the development and use of
Indian and Alaska Native forest resources.
Sec. 163.42 Obligated service and breach of contract.
(a) Obligated service.
(1) Individuals completing forestry education programs with an
obligated service requirement may be offered full time permanent
employment with the Bureau of Indian Affairs, a tribe, tribal forest
enterprise or ANCSA Corporation to fulfill their obligated service
within 90 days of the date all program education requirements have been
completed. If such employment is not offered within the 90 day period,
the student shall be relieved of obligated service requirements. Not
less than 30 days prior to the commencement of employment, the employer
shall notify the participant of the work assignment, its location and
the date work must begin. If the employer is other than the Bureau of
Indian Affairs, the employer shall notify the Secretary of the offer
for employment.
(2) Qualifying employment time eligible to be credited to
fulfilling the obligated service requirement will begin the day after
all program education requirements have been completed with the
exception of the forester intern program which includes the special
provisions outlined in Sec. 163.40(b)(6)(iv). The minimum service
obligation period shall be one year of full-time employment.
(3) The Secretary or other qualifying employer reserves the right
to designate the location of employment for fulfilling the service
obligation.
(4) A participant in any of the forestry education programs with an
obligated service requirement who receives a degree may, within 30 days
of the degree completion date, request a deferment of obligated service
to pursue postgraduate or post-doctoral studies. In such cases, the
Secretary shall issue a decision within 30 days of receipt of the
request for deferral. The Secretary may grant such a request, however,
deferments granted in no way waive or otherwise affect obligated
service requirements.
(5) A participant in any of the forestry education programs with an
obligated service requirement may, within 30 days of the date all
program education requirements have been completed, request a waiver of
obligated service based on personal or family hardship. The Secretary
may grant a full or partial waiver or deny the request for wavier. In
such cases, the Secretary shall issue a decision within 30 days of
receipt of the request for wavier.
(b) Breach of contract. Any individual who has participated in and
accepted financial support under forestry education programs with an
obligated service requirement, and who does not accept employment or
unreasonably terminates such employment by their own volition will be
required to repay financial assistance as follows:
(1) Forester intern program--Amount plus interest equal to the sum
of all salary, tuition, books, and fees that the forester intern
received while occupying the intern position. The amount of salary paid
to the individual during breaks in attendance from school, when the
individual was employed by the Bureau of Indian Affairs, a tribe,
tribal forest enterprise, or ANCSA Corporation, shall not be included
in this total.
(2) Cooperative education program--Amount plus interest equal to
the sum of all tuition, books, and fees that the individual received
under the cooperative education program.
(3) Scholarship program--Amount plus interest equal to
scholarship(s) provided to the individual under the scholarship
program.
(4) Postgraduation recruitment program--Amount plus interest equal
to the sum of all the individual's student loans assumed by the
Secretary under the postgraduation recruitment program.
(5) Postgraduate studies program--Amount plus interest equal to the
sum of all salary, tuition, books, and fees that the individual
received while in the postgraduate studies program. The amount of
salary paid to that individual during breaks in attendance from school,
when the individual was employed by the Bureau of Indian Affairs, a
tribe, a tribal enterprise, or ANCSA Corporation, shall not be included
in this total.
(c) Adjustment of repayment for obligated service performed.
Under forestry education programs with an obligated service
requirement, the amount required for repayment will be adjusted by
crediting time of obligated service performed prior to breach of
contract toward the final amount of debt.
Subpart D--Alaska Native Technical Assistance Program
Sec. 163.60 Purpose and scope.
(a) The Secretary shall provide a technical assistance program to
ANCSA Corporations to promote sustained yield management of their
forest resources and, where practical and consistent with the economic
objectives of the ANCSA Corporations, promote local processing and
other value-added activities. For the purpose of this subpart,
technical assistance means specialized professional and technical help,
advice or assistance in planning, and providing guidance, training and
review for programs and projects associated with the management of, or
impact upon, Indian forest land, ANCSA Corporation forest land, and
their related resources. Such technical assistance shall be made
available through contracts, grants or agreements entered into in
accordance with the Indian Self-Determination and Education Assistance
Act (Pub. L. 93-638, as amended).
(b) Nothing in this part shall be construed as: Affecting,
modifying or increasing the responsibility of the United States toward
ANCSA corporation forest land, or affecting or otherwise modifying the
Federal trust responsibility towards Indian forest land; or requiring
or otherwise mandating an ANCSA corporation to apply for a contract,
grant, or agreement for technical assistance with the Secretary. Such
applications are strictly voluntary.
Sec. 163.61 Evaluation committee.
(a) The Secretary shall establish an evaluation committee to assess
and rate technical assistance project proposals. This committee will
include, at a minimum, local Bureau of Indian Affairs and Alaska Native
representatives with expertise in contracting and forestry.
Sec. 163.62 Annual funding needs assessment and rating.
(a) Each year, the Secretary will request a technical assistance
project needs assessment from ANCSA corporations. The needs assessments
will provide information on proposed project goals and estimated costs
and benefits and will be rated by the evaluation committee established
pursuant to Sec. 163.61 for the purpose of making funding
recommendations to the Secretary. To the extent practicable, such
recommendations shall achieve an equitable funding distribution between
large and small ANCSA corporations and shall give priority for
continuation of previously approved multi-year projects.
(b) Based on the recommendations of the evaluation committee, the
Secretary shall fund such projects, to the extent available
appropriations permit.
Sec. 163.63 Contract, grant, or agreement application and award
process.
(a) At such time that the budget for ANCSA corporation technical
assistance projects is known, the Secretary shall advise the ANCSA
corporations on which projects were selected for funding and on the
deadline for submission of complete and detailed contract, grant or
agreement packages.
(b) Upon the request of an ANCSA corporation and to the extent that
funds and personnel are available, the Bureau of Indian Affairs shall
provide technical assistance to ANCSA corporations to assist them with:
(1) Preparing the technical parts of the contract, grant, or
agreement application; and
(2) Obtaining technical assistance from other Federal agencies.
Subpart E--Cooperative Agreements
Sec. 163.70 Purpose of agreements.
(a) To facilitate administration of the programs and activities of
the Department of the Interior, the Secretary is authorized to
negotiate and enter into cooperative agreements between Indian tribes
and any agency or entity within the Department. Such cooperative
agreements include engaging tribes to undertake services and activities
on all lands managed by Department of the Interior agencies or entities
or to provide services and activities performed by these agencies or
entities on Indian forest land to:
(1) Engage in cooperative manpower and job training and development
programs;
(2) Develop and publish, cooperative environmental education and
natural resource planning materials; and
(3) Perform land and facility improvements, including forestry and
other natural resources protection, fire protection, reforestation,
timber stand improvement, debris removal, and other activities related
to land and natural resource management.
(b) The Secretary may enter into such agreements when he or she
determines the public interest will be benefitted. Nothing in
Sec. 163.70(a) shall be construed to limit the authority of the
Secretary to enter into cooperative agreements otherwise authorized by
law.
Sec. 163.71 Agreement funding.
In cooperative agreements, the Secretary is authorized to advance
or reimburse funds to contractors from any appropriated funds available
for similar kinds of work or by furnishing or sharing materials,
supplies, facilities or equipment without regard to the provisions of
31 U.S.C. 3324, relating to the advance of public moneys.
Sec. 163.72 Supervisory relationship.
In any agreement authorized by the Secretary, Indian tribes and
their employees may perform cooperative work under the supervision of
the Department of the Interior in emergencies or otherwise, as mutually
agreed to, but shall not be deemed to be Federal employees other than
for purposes of 28 U.S.C. 2671 through 2680, and 5 U.S.C. 8101 through
8193.
Subpart F--Program Assessment
Sec. 163.80 Periodic assessment report.
The Secretary shall commission every ten years an independent
assessment of Indian forest land and Indian forest land management
practices under the guidelines established in Sec. 163.81.
(a) The initial assessment shall, subject to the availability of
appropriations, be completed no later than November 28, 1993.
Subsequent assessments shall be conducted in the first year of each
decade (e.g., 2000, 2010, etc.) and shall be completed within 24 months
of their initiation date. Each assessment shall be initiated no later
than November 28 of the designated year.
(b) Except as provided in Sec. 163.83, each assessment shall be
conducted by a non-Federal entity knowledgeable of forest management
practices on Federal and private land. Assessments will evaluate and
compare investment in and management of Indian forest land with similar
Federal and private land.
(c) Completed assessment reports shall be submitted to the
Committee on Interior and Insular Affairs of the United States House of
Representatives and the Select Committee on Indian Affairs of the
United States Senate and shall be made available to Indian tribes.
Sec. 163.81 Assessment guidelines.
Assessments shall be national in scope and shall include:
(a) An in-depth analysis of management practices on, and the level
of funding by management activity for, specific Indian forest land
compared with similar Federal and private forest land;
(b) A survey of the condition of Indian forest land, including
health and productivity levels;
(c) An evaluation of the staffing patterns, by management activity,
of forestry organizations of the Bureau of Indian Affairs and of Indian
tribes;
(d) An evaluation of procedures employed in forest product sales
administration, including preparation, field supervision, and
accountability for proceeds;
(e) An analysis of the potential for streamlining administrative
procedures, rules and policies of the Bureau of Indian Affairs without
diminishing the Federal trust responsibility;
(f) A comprehensive review of the intensity and utility of forest
inventories and the adequacy of Indian forest land management plans,
including their compatibility with other resource inventories and
applicable integrated resource management plans and their ability to
meet tribal needs and priorities;
(g) An evaluation of the feasibility and desirability of
establishing or revising minimum standards against which the adequacy
of the forestry program of the Bureau of Indian Affairs in fulfilling
its trust responsibility to Indian forest land can be measured;
(h) An evaluation of the effectiveness of implementing the Indian
Self-Determination and Education Assistance Act (Pub. L. 93-638, as
amended) in regard to the Bureau of Indian Affairs forestry program;
(i) A recommendation of any reforms and increased funding and other
resources necessary to bring Indian forest land management programs to
a state-of-the-art condition; and
(j) Specific examples and comparisons from across the United States
where Indian forest land is located.
Sec. 163.82 Annual status report.
The Secretary shall, within 6 months of the end of each fiscal
year, submit to the Committee on Interior and Insular Affairs of the
United States House of Representatives, the Select Committee on Indian
Affairs of the United States Senate, and to the affected Indian tribes,
a report on the status of Indian forest land with respect to attaining
the standards, goals and objectives set forth in approved forest
management plans. The report shall identify the amount of Indian forest
land in need of forestation or other silvicultural treatment, the
quantity and value of timber available for sale, offered for sale, and
sold, and the acres on which silvicultural treatments were accomplished
for each area covered by an approved forest management plan.
Sec. 163.83 Assistance from the Secretary of Agriculture.
The Secretary of the Interior may ask the Secretary of Agriculture,
through the Forest Service, on a nonreimbursable basis, for 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 Sec. 163.80.
Dated: October 21, 1993.
Marshall M. Cutsforth,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 94-531 Filed 1-26-94; 8:45 am]
BILLING CODE 4310-02-P
