[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]


_______________________________________________________________________

Part IV





Department of the Interior





_______________________________________________________________________



Bureau of Indian Affairs



_______________________________________________________________________



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.

-----------------------------------------------------------------------

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