[Federal Register Volume 60, Number 193 (Thursday, October 5, 1995)]
[Rules and Regulations]
[Pages 52250-52275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24480]




[[Page 52249]]

_______________________________________________________________________

Part II





Department of the Interior





_______________________________________________________________________



Bureau of Indian Affairs



_______________________________________________________________________



25 CFR Part 163



General Forestry Regulations; Final Rule

  Federal Register / Vol. 60, No. 193 / Thursday, October 5, 1995 / 
Rules and Regulations   

[[Page 52250]]


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: Final 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 enacted November 28, 1990.
    The National Indian Forest Resources Management Act reaffirmed many 
aspects of the existing Indian forestry program and established new 
program direction for cooperative agreements, 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.

EFFECTIVE DATE: November 6, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Jim Stires, Forester, Billings 
Area Office, Bureau of Indian Affairs, 316 North 26th Street, Billings, 
Montana, 59101, Phone (406) 657-6358; or Mr. Terry Virden, Acting 
Chief, Division of Forestry, Department of the Interior, Bureau of 
Indian Affairs, Division of Forestry, 1849 C Street, NW, Mail Stop 4545 
MIB, Washington, DC 20240, Phone (202) 208-6067.

SUPPLEMENTARY INFORMATION:

I. Background

    The final 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 rule. Additional consultation with the affected public was 
accomplished while drafting the rule by maintaining close communication 
with the Intertribal Timber Council (ITC) and including ITC members on 
the project steering committee and in project working groups.
    Proposed regulations were published on January 27, 1994, at 59 FR 
3952. Following publication, a 60-day public comment period was held 
extending through March 28, 1994. Early in the comment period, copies 
of the proposed rule and the schedule of planned regional public 
comment meetings were provided to tribes and Alaska Native Corporations 
to encourage the maximum possible review and critique of the proposed 
rule. During the comment period, regional public comment meetings were 
held in Phoenix, Minneapolis, Portland, Anchorage, and Fairbanks. A 
total of 142 written or oral comments made at public comment meetings 
were received from individuals and attorneys representing tribes, 
tribal enterprises, and Federal agencies, as well as from individuals 
commenting on their own behalf. The comments and the Department's 
response are summarized below. Public comments are arranged by section 
of the proposed rule as printed in the Federal Register on January 27, 
1994.

II. Review of Public Comments

    1. Comment: The Regulatory Flexibility Act requires that the 
certification of no impact on a substantial number of small entities 
must be accompanied by a succinct statement explaining the 
certification. The proposed rule did not contain the required 
statement.
    Response: The statement explaining the certification of no impact 
was unintentionally omitted from the Supplementary Information section 
of the published proposed rule. The statement explaining the 
certification has been included under Part III of the preamble, 
Findings and Certifications.

Subpart A--General Provisions

163.1  Definitions
    2. Comment: The definition of advance payment should be dropped 
since advance payments and advance deposits are essentially used in the 
same way.
    Response: The rule has not been revised because advance payments 
and advance deposits are not the same, are requirements of timber sale 
contracts, and must be addressed in regulations establishing policy and 
guidance for such contracts.
    3. Comment: The 30-day payment requirement in the definition of 
advance payments is unnecessary.
    Response: The rule has not been revised because the definition is 
made in reference to standard timber contracts and provisions of the 
definition must conform to the term as used in such contracts.
    4. Comment: The definition of bid deposit should include the option 
to convert bid deposits to performance bonds and advance payments in 
timber sale contracts.
    Response: The rule has not been revised because contracts are more 
appropriate than regulations for providing specific guidance on the 
disposition of bid deposits. The definition of bid deposit in 
Sec. 163.1 of the rule does not preclude use of bid deposits for 
performance bonds or advance payments if so stipulated in timber 
contracts.
    5. Comment: The term ``expenditure plan'' used in Sec. 163.25(f) of 
the rule should clarify the type of plan required to budget and use 
forest management deductions.
    Response: The rule has been revised to include a definition of 
expenditure plan in Sec. 163.1 to clarify plan requirements.
    6. Comment: In the definition of forest or forest land, the phrase 
``more or less dense'' is ambiguous and unnecessary.
    Response: The rule has not been revised because the wording of the 
definition is taken directly from 25 U.S.C. 3103(3) and is appropriate 
in the context used.
    7. Comment: The definition of forest land management activities in 
Sec. 163.1 of the rule should include the comprehensive list of such 
activities contained in 25 U.S.C. 3103(4).
    Response: The definition of forest land management activities in 
Sec. 163.1 of the rule has been revised to include the comprehensive 
list of forest land management activities contained in 25 U.S.C. 
3103(4) to clarify activities addressed by the rule.
    8. Comment: Include a definition of forest officer in Sec. 163.1 of 
the rule.
    Response: The rule has not been revised because forest officer is 
defined in the standard provisions used for all timber sale contracts. 
For ready reference, the definition of forest officer is the person of 
highest rank assigned to the supervision of forestry work at the Indian 
Agency having jurisdiction over the sale area, or his authorized 
representative.
    9. Comment: The definition of forest products in Sec. 163.1 of the 
rule is too broad for use in context with stumpage rate, and, 
therefore, may create confusion on basis of payment and accounting for 
proceeds from the sale of forest products.
    Response: The rule has not been revised because the wording of the 
definition is taken directly from 25 U.S.C. 3103(6) and the definition 
is intentionally broad to encompass the many products from Indian 
forest land. 

[[Page 52251]]

    10. Comment: The definition of forest management plan in Sec. 163.1 
of the rule should be expanded to include language requiring that such 
plans meet the objectives of individual land owners in addition to 
those of tribes.
    Response: The rule has not been revised because the wording of the 
definition is taken directly from 25 U.S.C. 3103(5).
    11. Comment: The definition of forest management plan in Sec. 163.1 
of the rule implies that an integrated resource management plan must be 
completed prior to developing a forest management plan. This seems to 
contradict Sec. 163.11(b) of the rule which states that a forest 
management plan may be developed without an integrated resource 
management plan.
    Response: The preparation of forest management plans is required by 
25 U.S.C. 3104(b)(1). The National Indian Forest Resources Management 
Act also requires that forest management plans be consistent with 
integrated resource management plans whenever such plans exist. 
However, while the act encourages preparation of integrated resource 
management plans it does not require them. The rule has not been 
revised because it provides clear direction in regards to the 
requirements for integrated resource management plans and the forest 
management plans in Sec. 163.11 of the rule.
    12. Comment: The definition of Indian land in Sec. 163.1 of the 
rule is not clear on whether Indian land is only trust land or includes 
fee land owned by a tribe.
    Response: The rule has not been revised because the wording of the 
definition is substantively the same as in 25 U.S.C. 3103(10) and the 
language offers clear guidance on the type of land that constitutes 
Indian land for the purpose of the rule.
    13. Comment: The definition of noncommercial forest land in 
Sec. 163.1 of the rule does not adequately define land so categorized.
    Response: The definition in Sec. 163.1 of the rule has been revised 
to clarify criteria for categorizing forest land as noncommercial. The 
revision made emphasizes that such land is incapable of producing 
sustainable forest products within the general rotation period but 
allows for harvest from such lands.
    14. Comment: The definition of productive forest land in Sec. 163.1 
of the rule is confusing because it states that such lands are 
unavailable for harvest.
    Response: The rule has not been revised because the definition of 
productive forest land was developed to fit the land classification 
system used by the BIA Forestry Program and, therefore, must address 
forest land which has productive capacity but has been administratively 
withdrawn from the land base identified for management to produce 
forest products.
    15. Comment: The definition of reservation in Sec. 163.1 of the 
rule should specifically include Alaska Native allotments since they 
are a separate class of allotments which should be given the same 
status as reservations under the rule.
    Response: The definition of reservation in Sec. 163.1 of the rule 
has been revised to specifically include Alaska Native allotments to 
allow regulations in the rule to better address the unique situation of 
Alaska Native allotments.
    16. Comment: The definition of reservation in Sec. 163.1 of the 
rule should be expanded to clarify what lands constitute ``former 
reservations in Oklahoma''.
    Response: The rule has not been revised because the definition of 
reservation in 25 U.S.C. 3103(12) refers to the Oklahoma Indian 
Reservations solely as ``former Indian reservations in Oklahoma'' and 
that description is adequate to identify such lands for the purpose of 
this rule.
    17. Comment: The definition of sustained yield in Sec. 163.1 of the 
rule should be related to a given level of production rather than a 
given intensity of management.
    Response: The rule has not been revised because the wording of the 
definition is the same as in 25 U.S.C. 3103(14) and the definition is 
in harmony with the technical meaning of the term as used by the 
forestry profession.
    18. Comment: The definition of trespass does not relate to 
Sec. 163.29 of the rule and does not capture the intent of 25 U.S.C. 
3106, especially in regards to damage resulting from fire.
    Response: The definition of trespass in Sec. 163.1 of the rule has 
been revised to better encompass the intent of 25 U.S.C. 3106 and 
specifically address trespass related to fire.
    19. Comment: Is the word ``initiated'' in the definition of tribal 
forest enterprise in the rule necessary?
    Response: The rule has not been revised because restricting tribal 
enterprises to those both ``initiated and organized'' by a 
reservation's recognized tribal government appropriately emphasizes the 
tribe's role in formation of such enterprises. The requirement of 
tribal sole ownership is excluded from the definition to provide tribes 
the flexibility needed to initiate and organize tribal forest 
enterprise through joint ventures or other business arrangements where 
enterprise ownership may not be possible or advantageous.
    20. Comment: The definition of woodland in Sec. 163.1 of the rule 
does not adequately provide for the classification of lands used for 
other than production of wood products.
    Response: The definition of woodland in Sec. 163.1 of the rule has 
been revised to emphasize that land classified as woodland may produce 
any forest product rather than just wood products.
163.3  Scope and Objectives
    21. Comment: The objectives enumerated in Sec. 163.3 of the rule 
are contradictory and lack specificity.
    Response: The rule has not been revised because the objectives must 
be broad based to address the wide range of objectives tribes may have 
for managing their lands. The objectives are not contradictory in that 
tribes and the Secretary would not manage to achieve all objectives on 
a given tract of land at one time.
    22. Comment: Include a clause requiring ecosystem management in the 
objectives enumerated in Sec. 163.3 of the rule.
    Response: The rule has not been revised because the concept of 
ecosystem management is embodied in the diverse objectives included in 
Sec. 163.3 of the rule.
    23. Comment: Sec. 163.3(b)(2) of the rule should require that 
forest management plans be approved by tribes rather than requiring 
their consultation and participation in plan development.
    Response: The rule has not been revised because the existing 
language appropriately acknowledges the intent of the National Indian 
Forest Resources Management Act which is to maintain the Secretary's 
trust responsibility on Indian land while emphasizing tribal 
sovereignty. Under normal circumstances the Secretary would not approve 
a forest management plan in the absence of the tribe's approval; 
however, the language in Sec. 163.3(b)(2) of the rule intentionally 
maintains discretionary authority to fulfill the Secretary's trust 
responsibility.
    24. Comment: Objectives enumerated in Sec. 163.3(b)(2) of the rule 
should be expanded to provide for the improvement and maintenance of 
the road system.
    Response: The definition of forest land management activities in 
Sec. 163.1 of the rule has been revised to include all such activities 
enumerated in 25 U.S.C. 3103(4).
    25. Comment: Suggest making the following language changes to 
Sec. 163.3 of the rule. In Sec. 163.3(b)(1) change the 

[[Page 52252]]
phrase ``in forest management plans by providing'' to ``by the tribe to 
provide.'' In Sec. 163.3(b)(4) delete the word ``all'' from the phrase 
``all the labor and profit.'' In Sec. 163.3(b)(5) change the term 
``natural state'' to ``existing state.'' In Sec. 163.3(b)(7) substitute 
``range quality'' for ``grazing,'' ``maintenance and/or improvement'' 
for ``maintenance and improvement'' and add ``water quality'' to the 
list of values.
    Response: The rule has not been revised because the objectives in 
Sec. 163.3 of the rule are taken directly from 25 U.S.C. 3104.
163.4  Secretarial Recognition of Tribal Laws
    26. Comment: Additional guidance is needed in regards to the type 
of assistance in the enforcement of tribal laws provided for in 
Sec. 163.4(a) of the rule.
    Response: The rule has not been revised because guidelines on the 
type of law enforcement assistance are intentionally broad to encompass 
the wide range of situations which may arise under different tribal 
laws.
    27. Comment: In Sec. 163.4 of the rule, state that Indian land 
shall be considered private land for the purposes of the Endangered 
Species Act.
    Response: The rule has not been revised because the proposal to 
consider Indian land as private land for the purposes of the Endangered 
Species Act is outside the scope of these regulations.

Subpart B--Forest Management and Operations

163.11  Forest Management Planning and Sustained Yield Management
    28. Comment: In Sec. 163.11(a) of the rule, require that a forest 
management plan be prepared every ten years rather than as needed.
    Response: The rule has not been revised because requiring forest 
management plan preparation and revision as needed rather than at fixed 
time intervals gives land owners and land managers flexibility needed 
in the forest management planning process.
    29. Comment: Sec. 163.11(a) of the rule implies that forest 
management planning is reserved for tribal land when it should be for 
all Indian land.
    Response: Sec. 163.11(a) of the rule has been revised to emphasize 
that forest management plans shall be prepared and revised as needed 
for all Indian forest land.
    30. Comment: What are requirements for integrated resource 
management plans in respect to preparation of forest management plans 
in Sec. 163.11 of the rule?
    Response: The preparation of forest management plans is required by 
25 U.S.C. 3104(b)(1). The National Indian Forest Resources Management 
Act also requires that forest management plans be consistent with 
integrated resource management plans whenever such plans exist. 
However, while the act encourages preparation of integrated resource 
management plans it does not require them. The rule has not been 
revised because it provides clear direction in regards to the 
requirements for integrated resource management plans and the forest 
management plans in Sec. 163.11 of the rule.
    31. Comment: Is it appropriate to require that harvest of forest 
products be accomplished under the principle of sustained yield 
management in Sec. 163.11(c) of the rule?
    Response: The rule has not been revised because 25 U.S.C. 
3104(b)(1) requires that sustained yield management be practiced on 
Indian forest land. The definition of sustained yield management in the 
rule is sufficiently broad to allow the needed flexibility in how this 
management requirement is applied.
    32. Comment: Sec. 163.11(c) of the rule should require that harvest 
schedules achieve a balance between experienced net growth and harvest 
rather than between planned net growth and harvest.
    Response: Sec. 163.11(c) of the rule has been revised to require 
that harvest schedules achieve an approximate balance between net 
growth and harvest at the earliest possible time.
    33. Comment: Does the requirement to practice sustained yield 
management in Sec. 163.11(c) of the rule apply to allotments and small 
reservations?
    Response: The rule has not been revised because, even though it is 
technically more difficult to strictly apply the principles of 
sustained yield management to small land areas, it is possible. Also, 
25 U.S.C. 3104(b)(1) requires that sustained yield management be 
practiced on all Indian forest land, so the requirement does apply to 
allotments and small reservations.
    34. Comment: Sec. 163.11(c) of the rule should provide for basing 
harvest level on silvicultural treatment needs rather than on net 
growth.
    Response: The rule has not been revised because, while the time 
period over which the balancing of growth and harvest may vary 
depending on treatment needs, harvest levels should be based on the 
objectives of the beneficial owners and growth. The rule does not 
preclude consideration of silvicultural treatment needs when harvest 
planning but, over the long term, the rule correctly requires that 
growth and harvest be in balance.
163.12  Harvesting Restrictions
    35. Comment: The term ``forestation'' in Sec. 163.12(a) of the rule 
should be changed to ``reforestation'' to comply with standard forestry 
terminology.
    Response: Sec. 163.12(a) of the rule has been revised to use the 
term ``reforestation'' since the intent is to provide for 
reestablishing tree cover on land that previously was forested.
    36. Comment: The term ``harvest plans'' referred to in 
Sec. 163.12(a) of the rule should be defined.
    Response: The rule has not been revised because the term ``harvest 
plans'' in the context of use in Sec. 163.12(a) is sufficiently 
explicit to cover the wide range of operations to be conducted under 
the rule.
    37. Comment: Language restricting clearcutting to situations when 
it is silviculturally good practice in Sec. 163.12(b) of the rule is 
confusing because it implies that clearcutting and silviculture are one 
and the same.
    Response: Sec. 163.12(b) of the rule has been revised to emphasize 
that clearcutting and silviculture are not one and the same.
163.13  Indian Tribal Forest Enterprise Operations
    38. Comment: How is the term ``Indian owners'' in Sec. 163.13(c) of 
the rule different from ``beneficial Indian owners'' used in 
Sec. 163.13(a)?
    Response: In the context used, the terms are the same. Since 
beneficial owner is defined within the rule, the rule has been revised 
so that ``beneficial Indian owner'' is used uniformly.
    39. Comment: Sec. 163.13(c) of the rule should explicitly require 
tribal approval of sales to Indian tribal forest enterprises.
    Response: The rule has not been revised because Sec. 163.14 of the 
rule requires tribal approval for all sales of tribal timber.
    40. Comment: Sec. 163.13(c) of the rule should define Indian owner 
for the purpose of timber sales to tribal forest enterprises.
    Response: The rule has not been revised because the term Indian 
owner is adequately defined in Sec. 163.1 for the purpose of conducting 
any timber sale under the rule.
163.14  Sale of Forest Products
    41. Comment: Sec. 163.14 of the rule should include more detailed 
instruction on timber sale procedures.
    Response: The rule has not been revised because policy in 
Sec. 163.14 of the 

[[Page 52253]]
rule is adequate to establish uniform operating policy for the sale of 
Indian forest products. Specific procedural information is more 
appropriately a matter for inclusion in the BIA forestry manual.
    42. Comment: Sec. 163.14(e) of the rule should use the phrase 
``appraised by the Secretary'' rather than ``established by the 
Secretary.''
    Response: The rule has not been revised because use of the phrase 
``established by the Secretary'' gives needed flexibility to procedures 
for value determination.
    43. Comment: In Sec. 163.14 of the rule, why are sales of forest 
products from allotted land subject to tribal economic objectives?
    Response: The rule has not been revised because tribal governments 
have jurisdiction over all land within reservation boundaries.
    44. Comment: Sec. 163.14 of the rule should include specific forest 
product sale policy for trust allotments located off reservations.
    Response: The rule has not been revised because policy in 
Sec. 163.14 of the rule applies to Indian forest land which, by 
definition, can include trust allotments located off reservations.
    45. Comment: Sec. 163.14(b) of the rule should emphasize the need 
for the Secretary's consultation with the beneficial owner(s) in 
catastrophic situations where the sale of forest products is necessary 
to prevent loss of value.
    Response: Sec. 163.14(b) of the rule has been revised to emphasize 
the need for consultation in cases where catastrophe necessitates the 
sale of Indian forest products.
163.15  Advertisement of Sales
    46. Comment: In Sec. 163.15(a) of the rule, add the requirement 
that the beneficial Indian owners consent of advertisement be obtained 
in sales of forest products to Indian forest enterprises.
    Response: The rule has not been revised because the approving 
officer has adequate authority to protect allottee economic interests 
in sales of forest products to Indian forest product enterprises.
    47. Comment: Agency Superintendents at some BIA field office 
locations do not have authority to issue advertisements due to 
limitations imposed by 10 BIA manual, so the superintendent advertising 
authority in Sec. 163.15(a) of the rule could create administrative 
problems in the advertisement of sales of forest products.
    Response: The rule has not been revised because the intent of the 
rule is to establish uniform operating procedures for the national 
program, not to tailor the rule to unique BIA field office situations.
    48. Comment: Sec. 163.15 of the rule provides for advertising open 
market sales of forest products except as provided in Secs. 163.13, 
163.14, 163.16, and 163.26. The provision in Sec. 163.14 for other than 
advertised sales is not apparent.
    Response: The rule has not been revised because the exceptions to 
open market advertised sales enumerated in Sec. 163.15 apply to both 
procedure and policy and are therefore appropriate.
    50. Comment: Forest product threshold values used to establish 
forest product advertisement types in Sec. 163.15(a) of the rule are 
too low in light of present day forest product values.
    Response: The rule has not been revised because values established 
for different types of advertisement requirements (e.g. circulars, 
posters, newspaper advertisements) are appropriate for thresholds 
identified.
163.16  Forest Product Sales Without Advertisement
    51. Comment: Sec. 163.16(a) of the rule seems to repeat the 
conditions for unadvertised sales of forest products stipulated in 
Sec. 163.13(c).
    Response: The rule has not been revised because the conditions for 
unadvertised sales enumerated in Sec. 163.16(a) are in the context of 
any sale of forest products while those in Sec. 163.13(c) are for 
unadvertised sales to Indian tribal forest enterprises.
163.17  Deposit with Bid
    52. Comment: Does Sec. 163.17 of the rule change the BIA policy 
regarding deposits with bids that requires such deposits to be held as 
a separate bond in cases where purchasers provide a performance bond 
and execute a contract, but fail to perform the contract?
    Response: BIA policy in regards to the disposition of bid bonds has 
not changed. The intent is to allow the Bureau to retain the bid 
deposit on behalf of the beneficial owner(s) of the timber if the 
bidder does not furnish the required performance bond, execute the 
contract or perform the contract.
    53. Comment: The meaning of the term ``escrow account'' in 
Sec. 163.17(f) of the rule is unclear.
    Response: The rule has not been revised because the term ``escrow 
account'' is generally understood to be a third party holding account 
and is appropriate in the context used.
    54. Comment: Sec. 163.17(b) of the rule should be modified to 
delete cash as an acceptable form of deposit.
    Response: The rule has not been revised because cash is an 
acceptable form of payment for deposit.
    55. Comment: The minimum bid deposit of $1,000.00 in 
Sec. 163.17(a)(1) of the rule should be deleted because it is believed 
to be burdensome to small timber operators.
    Response: The rule has not been revised because the bid deposit 
requirement is needed to safeguard the interests of the beneficial 
Indian owner(s) and such a deposit is an accepted sound business 
practice.
    56. Comment: The requirement to perform the contract in 
Sec. 163.17(d)(3) of the rule is redundant and should be deleted.
    Response: The rule has not been revised because failure to perform 
the contract may be legitimate grounds for forfeiture of a bid deposit.
    57. Comment: Change the title of Sec. 163.17 from Deposit with bid 
to Deposit for primary forest products purchased by non-tribal 
enterprises.
    Response: The rule has not been revised because the title of 
Sec. 163.17 accurately describes policy covered in this section of the 
rule.
    58. Comment: Sec. 163.17 of the rule should allow for tribal forest 
enterprises to not submit bid deposits when purchasing trust timber.
    Response: The rule has not been revised because Sec. 163.13 Indian 
tribal forest enterprise operations of the rule provides sufficient 
flexibility to waive requirements for bid deposits in cases where such 
deposits would serve no purpose.
163.18  Acceptance and Rejection of Bids
    59. Comment: In Sec. 163.18(b) of the rule, the term ``approving 
officer'' should be changed to the term ``approving tribal officer'' to 
emphasize the role of the tribe in the bid rejection process.
    Response: The rule has not been revised because it provides the 
approving officer with discretion to consult with the beneficial Indian 
owners in the process of determining the course of action when 
rejecting a high bid.
163.19  Contracts for the Sale of Forest Products
    60. Comment: Sec. 163.19(b) of the rule should specify that 
electronic fund transfer (EFT) is the preferred method of payment for 
forest products. 

[[Page 52254]]

    Response: The rule has not been revised because Sec. 163.19(b) 
provides for payment by remittance and remittance includes EFT. If EFT 
is the preferred method of payment, contracts or permits may so 
stipulate.
163.21  Bonds Required
    61. Comment: The term ``approving officer'' in Sec. 163.21(a) of 
the rule should be changed to ``tribal approving officer'' to emphasize 
the tribe's role in the performance bonding process.
    Response: The rule has not been revised because it provides the 
approving officer with discretion to consult with the beneficial Indian 
owners in the process of determining performance bonding requirements.
    62. Comment: Sec. 163.21 of the rule should provide for more 
flexibility in bonding tribal loggers.
    Response: The rule has not been revised because approving officers 
have sufficient discretion on bonds to provide the needed flexibility 
in bonding tribal loggers.
    63. Comment: Sec. 163.21(b)(1) of the rule should be deleted 
because of the difficulty in recovering corporate surety bonds.
    Response: The provision in the rule allowing for the use of a 
corporate surety bond as a legitimate form of bond has not been 
revised. However, provisions in 163.21(b) (2) and (3) of the rule 
stipulating use of an appropriate power of attorney cause concern 
because a power of attorney expires upon death of the principal and can 
be revoked by the principal. For this reason, 163.21(b) (2) and (3) of 
the rule have been revised to require an appropriate trust instrument 
instead of a power of attorney to ensure access to cash or government 
securities used as a performance bond. Regardless of which type of 
performance bond is offered by a contractor, approving officers have 
discretion to determine whether or not they are acceptable for use with 
contracts.
163.23  Advance Payment for Timber Products
    64. Comment: Sec. 163.23 of the rule should include additional 
language that would require agreement between a tribe and their tribal 
forest enterprise before advance payments can be required.
    Response: The rule has not been revised because advance payments as 
provided for in Sec. 163.23(b) are optional on tribal lands, therefore 
making a formal agreement unnecessary.
    65. Comment: Sec. 163.23 of the rule should not require advance 
payments on tribal land.
    Response: The rule has not been revised because advance payments as 
provided for in 163.23(b) are optional on tribal lands.
163.25  Forest Management Deductions
    66. Comment: The provision in Sec. 163.25(f) of the rule which 
requires that any forest management deductions not 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 U.S. Treasury does not provide a 
reasonable time period for tribes to prudently expend such funds and 
may result in their loss.
    Response: The rule has not been revised because, as stated in the 
rule, the provisions set forth in Sec. 163.25(f) of the rule are 
required by 25 U.S.C. 413. Sec. 163.25(f) of the rule only requires 
that forest management deductions be incorporated into an approved 
expenditure plan within the prescribed time period, not that they be 
expended, so they may be used prudently.
    67. Comment: The term ``summarizing'' should be substituted for the 
term ``detailing'' in Sec. 163.25(h) of the rule because ``detailing'' 
implies too exact a level of reporting.
    Response: The rule has not been revised because the exact form of 
the report which will be required is more appropriately a matter for 
the BIA forestry manual.
    68. Comment: Allottees should be given discretionary authority to 
decrease or waive collection of forest management deductions in 
Sec. 163.25 of the rule.
    Response: The rule has not been revised because discretionary 
authority for establishing forest management deduction rates is 
reserved for the Secretary except where limited by statute.
    69. Comment: The 10 percent forest management deduction provided 
for in Sec. 163.25(d) of the rule is excessive in light of the high 
value of forest product sales from allotments.
    Response: The rule has not been revised because, absent tribal 
approval and Secretarial action as provided for in Sec. 163.25(e), the 
lessor of the percentage in effect on November 1990 or 10 percent must 
be collected.
    70. Comment: Sec. 163.25 of the rule should require that forest 
management deductions collected from allotted land be spent on the land 
from which they were earned.
    Response: The rule has not been revised because 25 U.S.C. 3105 and 
25 U.S.C. 413 do not require that the benefits of forest management 
deductions accrue to the specific land from which they were earned and 
establishing such a requirement would unnecessarily constrain Indian 
forest land management activities.
    71. Comment: Provide authority for administrators of allotment 
forestry programs to submit expenditure plans and reports in 
Sec. 163.25(f)(1) of the rule.
    Response: The rule has not been revised because Sec. 163.25(f)(3) 
of the rule provides the requested authority in the cases of public 
domain and Alaska Native allotments where absence of such authority 
could be a problem.
    72. Comment: Does Sec. 163.25 of the rule require that forest 
management deduction collections cannot exceed agency forestry program 
appropriations?
    Response: There is no statutory or Sec. 163.25 rule requirement 
which limits the amount of forest management deductions collected to an 
amount less than an agency's forestry program appropriation.
    73. Comment: Does the reporting requirement in Sec. 163.25(h) of 
the rule apply to the Yakima tribe?
    Response: The reporting requirement in Sec. 163.25(h) of the rule 
applies universally.
    74. Comment: In regards to Sec. 163.25 of the rule, can a tribe 
receive forest management deductions prior to expending its own funds?
    Response: Sec. 163.25(f)(1) of the rule provides that approval of 
an expenditure plan by an Indian tribe constitutes appropriation of 
tribal funds and approval by the Bureau constitutes authority to credit 
forest management deductions to tribal accounts.
    75. Comment: Sec. 163.25 of the rule should be modified to allow 
forest management deductions not incorporated into an approved 
expenditure plan to be deposited into an Indian forest land assistance 
account.
    Response: The rule has not been revised because the absence of an 
approved expenditure plan triggers application of the general rule of 
25 U.S.C. 413 which requires that such funds be deposited into the U.S. 
Treasury as miscellaneous receipts.
    76. Comment: 25 U.S.C. 3105 does not allow for waiving forest 
management deductions under specified circumstances as provided for 
Sec. 163.25(c)(1) of the rule.
    Response: The rule has not been revised because the Secretary has 
determined that it is not administratively feasible or reasonable to 
collect forest management deductions in cases where the total 
consideration furnished under a contract, permit or other document for 
the sale of forest products is less than $5,001. 

[[Page 52255]]

    77. Comment: Sec. 163.25(e) states that the Secretary shall 
increase the forest management deduction upon receipt of a written 
request from a tribe supported by a tribal resolution. Since provisions 
of 25 U.S.C. 3105 do not require such an action to be mandatory upon 
receipt of the stipulated documents, the Secretary's decision on such 
matters should be discretionary.
    Response: The rule has been revised to change the word ``shall'' to 
``may'' in the first sentence of Sec. 163.25(e) to preserve the 
Secretary's discretionary authority on requests to increase forest 
management deductions.
    78. Comment: Sec. 163.25 of the rule must provide for incorporating 
interest earned on forest management deductions into expenditure plans 
to ensure that interest income is available for use.
    Response: The rule has not been revised because existing Bureau 
accounting regulations require that interest earned on forest 
management deductions follow principal so interest earned on forest 
management deductions may be incorporated into expenditure plans.
    79. Comment: The prohibition on withholding forest management 
deductions from monies collected or derived from trespass, defaulted 
contracts or other civil judgements in Sec. 163.25(c)(2) of the rule 
should be deleted because it is appropriate that forest management 
deductions be collected on single stumpage value in such cases.
    Response: The rule has been revised by deleting Sec. 163.25(c)(2) 
of the rule because this recommendation is consistent with past policy 
and 25 U.S.C. 3105 does not prohibit the change.
    80. Comment: Modify the definition of gross proceeds in 
Sec. 163.25(b) of the rule by adding a provision to take into 
consideration Indian investments and using formulas and methods 
approved by the Secretary for individual locations.
    Response: The rule has not been revised because the definition in 
Sec. 163.25(b) of the rule accurately reflects the language in 25 
U.S.C. 3105(a) which describes gross proceeds of sales of forest 
products and the definition is appropriate for establishing uniform 
operating procedures for the Indian forestry program.
    81. Comment: Sec. 163.25 of the rule should be modified to allow 
timber sale special purchaser payments to be added to forest management 
deductions so their use can be determined in consultation with tribes.
    Response: The rule has not been revised because timber sale special 
purchaser payments are required payments for contract specified 
activities and, therefore, cannot be commingled with forest management 
deductions.
    82. Comment: Modify Sec. 163.25(j) of the rule by adding the word 
``miscellaneous'' to describe the type of U.S. Treasury receipt 
account.
    Response: Sec. 163.25(j) of the rule has been revised by adding the 
word ``miscellaneous'' before U.S. Treasury receipt account to 
emphasize that such funds may not be used to augment any appropriated 
fund.
163.26  Forest Product Harvesting Permits
    83. Comment: In Secs. 163.26 (b) and (c) of the rule, increase the 
annual value of forest products that can be harvested under free use 
forest permits to $10,000 and under paid permits to $50,000.
    Response: The rule has not been revised because the $5,000 free use 
and $25,000 paid permit maximum annual harvest values in the rule 
provide sufficient flexibility for the harvest of forest products under 
permits.
    84. Comment: In Sec. 163.26(d) of the rule, does the condition to 
issuance of a special allotment timber harvest permit which requires 
terms that protect the Indians' interests conflict with Sec. 163.14(d) 
of the rule?
    Response: There is no conflict between the two parts of the rule. 
Sec. 163.14(d) of the rule requires apprising the beneficial owners of 
forest product values and Secretarial approval to sell products at less 
than their appraised value. Sec. 163.26(d) of the rule stipulates that 
issuance of a special allotment timber harvest permit requires terms 
that protect the Indians' interests.
    85. Comment: Sec. 163.26 of the rule should provide for issuance of 
special allotment timber harvest permits in the case of multiple 
owners.
    Response: The rule has not been revised because issuance of special 
timber harvest permits when there is more than one beneficial owner 
would make it difficult or impossible for the Secretary to fulfill the 
trust responsibility to all beneficial owners involved in such cases.
163.27  Free-Use Harvesting Without Permits
    86. Comment: There should be a $15,000 annual limit on harvest 
authority under Sec. 163.27 of the rule.
    Response: The rule has not been revised because Sec. 163.27 of the 
rule appropriately provides that the limit on products harvested under 
the free-use authority be established by the Indian owners and that 
products harvested under the authority be limited to personal use.
163.28   Fire Management Measures
    87. Comment: Include authority for the Secretary to expend funds 
for the procurement of Smokey Bear and other promotional materials 
utilized for fire prevention purposes in Sec. 163.28(b) of the rule.
    Response: The rule has not been revised because implicit in 
Sec. 163.28(b) of the rule which requires the Secretary to conduct a 
wildfire prevention program is an authorization to expend funds for 
that purpose.
    88. Comment: Use of the phrase ``The Secretary will'' rather than 
``The Secretary is authorized to'' conduct a wildfire prevention 
program in Sec. 163.28(b) of the rule is inappropriate because lack of 
funds may prevent the Secretary from being able to conduct the program.
    Response: The rule has been revised to make the requested change.
    89. Comment: In Sec. 163.28(d) of the rule, require the approval of 
the beneficial Indian owners be obtained rather than merely requiring 
consultation with the beneficial owners before using fire as a 
management tool.
    Response: The rule has not been revised because use of fire as a 
management tool is carried out under the framework of resource 
management plans which must be approved by the Secretary and beneficial 
Indian owners.
163.29   Trespass
    90. Comment: Sec. 163.29 of the rule should allow the Federal 
government to recover the expense of trespass investigation.
    Response: Sec. 163.29 of the rule has been revised to provide for 
recovering trespass associated expenses of the Federal government and 
tribes.
    91. Comment: Sec. 163.29(a)(3)(i) of the proposed rule appears to 
limit trespass to trees, timber or shrubs. In light of the 
comprehensive list of products included in the definition of forest 
products in Sec. 163.1 of the rule, such a limitation is inconsistent 
with the intent of 25 U.S.C. 3106.
    Response: Sec. 163.29 of the rule has been revised to include all 
forest products as listed in the definition of forest products in 
Sec. 163.1 of the rule to ensure providing for the broad scope of 
trespass protection intended by 25 U.S.C. 3106.
    92. Comment: Determining trespass damages will be difficult and 
controversial if the highest valued product obtainable as called for in 


[[Page 52256]]
Sec. 163.29(a)(3)(i) of the proposed rule must be used.
    Response: Sec. 163.29 of the rule has been revised to require using 
the highest stumpage value of raw materials rather than the highest 
valued product obtainable for the purpose of establishing trespass 
damages.
    93. Comment: Does the Secretary have seizure authority on lands not 
under the government's supervision in the absence of a court order as 
provided for in Sec. 163.29(e) of the proposed rule?
    Response: Indian forest products are real property owned by the 
United States in trust for individual Indians and Indian tribes. In the 
National Indian Forest Resources Management Act, Congress has directed 
the Secretary to promulgate regulations which establish civil penalties 
for the commission of forest trespass and provide for collection of the 
value of the products. Seizure of forest products owned by the United 
States and situated on Indian land is one such civil penalty. The 
proposed language regarding seizure of forest products off-reservation 
and seizure of property and equipment is too broad and not supported by 
law as drafted in the proposed rule. Therefore, the seizure regulations 
as drafted in Secs. 163.29 (e), (f) and (g) of the proposed rule have 
been revised and clarified to comport with existing federal, tribal and 
state law.
    94. Comment: Does the Secretary have authority to seize and sell 
equipment belonging to someone else in the absence of a court order?
    Response: The seizure regulation as drafted in the proposed rule is 
too broad and raises questions as to the Secretary's private property 
seizure authority both on and off Indian land. Sec. 163.29 of the rule 
has been revised to reflect two categories of seizure: Seizure of 
trespass Indian forest products on or near Indian land and notice of 
possible trespass where such products are not on or near Indian land 
and now includes specific notice provisions.
    Provisions for seizure of property and equipment situated on or 
off-reservation which was used in committing trespass have been deleted 
from Sec. 163.29 of the rule because such seizure actions lack Federal 
statutory authority. However, if tribal law provides for seizure of 
property and equipment situated on-reservation which was used in 
committing trespass, tribes may take such action under their own law 
and jurisdictional authority.
    95. Comment: Sec. 163.29(f) of the proposed rule should confer 
trespass enforcement authority upon forest officers rather than on 
individuals.
    Response: Sec. 163.29 of the rule has been revised to clarify the 
term ``individual'' in the context of trespass enforcement.
    96. Comment: Sec. 163.29(k) of the proposed rule should affirm 
Indian sovereignty over wildlife matters by making it a trespass for 
local, state, and Federal government officials to conduct wildlife 
studies on Indian land without prior authorization.
    Response: The rule has not been revised because the proposal to 
make it a trespass for local, state, and Federal government officials 
to conduct wildlife studies on Indian land without prior authorization 
is outside the scope of these regulations.
    97. Comment: To be consistent with the definition of forest 
products in Sec. 163.1 of the rule, the phrase ``timber and related 
trespass'' in Secs. 163.29(a)(1) and (2) of the proposed rule should be 
replaced with the word ``trespass.''
    Response: Sec. 163.29 of the rule has been revised to replace the 
phrase ``timber and related trespass'' with the term ``trespass.''
    98. Comment: Provisions in Secs. 163.29(a)(3) (i) and (ii) of the 
proposed rule should be revised to ensure that beneficial Indian owners 
receive the full measure of damages, even when long periods of time 
have elapsed between a trespass act and its discovery.
    Response: Sec. 163.29 of the rule has been revised to capture the 
highest stumpage value and provide for interest on such value from the 
date of trespass. The interest provision will ensure that beneficial 
owners are compensated for time delays which may occur from the time of 
taking until recovery of damages.
    99. Comment: 25 U.S.C. 3106 authorizes treble damages as the value 
of damages for trespass but Secs. 163.29 (a)(3) (i) and (ii) of the 
proposed rule provide for double or triple damages depending on 
circumstances. Given that 25 U.S.C. 3106 authorized triple damages as 
the exclusive remedy for trespass and that providing for two different 
levels of damages could cause confusion in damage collection for 
trespass, the rule should only provide for a single category of treble 
damages.
    Response: Sec. 163.29 of the rule has been revised to only provide 
for a single category of treble damages.
    100. Comment: Sec. 163.29(a)(3)(iii) of the proposed rule should be 
revised to provide for interest as a payable cost associated with 
damages to ensure that owners are made whole in cases where there is a 
long delay between the trespass act and collection of damages.
    Response: Sec. 163.29 of the rule has been revised to provide for 
the collection of interest as a part of trespass damages.
    101. Comment: The last sentence in Sec. 163.29(b) of the proposed 
rule requires that penalty damages collected be equitably distributed 
among beneficial owners. In the event of underrecovery of civil 
penalties, there is no provision to share damages recovered with other 
than the beneficial owners. Enforcement agencies will not be able to 
recover any payment for reasonable costs associated with detection or 
prosecution. Sec. 163.29 of the proposed rule should be revised to 
allow for the prorated distribution of collections to both payment of 
damages to beneficial owners and payment of reasonable costs to the 
enforcement agency.
    Response: Sec. 163.29 of the rule has been revised to provide for 
sharing of payment for damages between beneficial owners and tribal or 
federal enforcement agencies under some circumstances. Historically, 
where recovery in trespass is deficient, the United States has foregone 
its entitlement to damages in favor of reimbursing beneficial Indian 
owners to the greatest extent possible. However, since under the 
revised rule the amount due to Indian beneficial owners was expanded to 
include the product value plus double-value penalty recoveries, it is 
reasonable to provide for paying costs associated with detection and 
prosecution to enforcement agencies in situations when beneficial 
Indian owners have been fully reimbursed for loss due to trespass. This 
is true since part of the increased recovery right is compensatory and 
part is a penalty or ``windfall'' recovery.
    102. Comment: Sec. 163.29(c) of the proposed rule should specify 
how to dispose of damage payments not distributed to owners trespassing 
on their own land.
    Response: Sec. 163.29 of the rule has been revised to stipulate 
that the defaulted share of owners who trespass on their own land shall 
go first to any restoration costs resulting from the trespass, second 
to law enforcement costs resulting from the trespass, and third to the 
reservation forest management deduction account.
    103. Comment: Should Sec. 163.29(d) of the proposed rule stipulate 
treating civil penalties collected for damages in trespass actions as 
proceeds from the sale of forest products from the Indian forest land 
upon which the trespass occurred?
    Response: The purpose of this rule is to ensure that proceeds 
recovered in consequence of trespass remain 

[[Page 52257]]
available to pay their fair share of forest management deductions, as 
if the trespass products had been harvested under a normal harvest 
operation. As drafted in 25 U.S.C. 3106, civil penalties is broadly 
defined to include among other things the recovery of compensatory 
damages, restoration costs and enforcement costs. As such, gross 
proceeds (amount recovered as compensatory damages, less restoration 
costs and enforcement costs) should remain subject to applicable forest 
management deductions. Restoration costs and enforcement costs are 
clearly not the proceeds from sale. Sec. 163.29 of the rule has been 
revised to reflect this fact.
    104. Comment: Procedures on concurrent civil jurisdiction and 
administrative appeals in Sec. 163.29(j) of the proposed rule are 
confusing and cumbersome.
    Response: The comment references the confusion from a possible dual 
remedy when pursuing trespass civil damages in federal or tribal court 
and an administrative appeal under 25 CFR part 2 as provided for in 
Secs. 163.29 (f) and (g) of the proposed rule. We agree that the 
provisions of the proposed rule are cumbersome in this regard and have 
revised Sec. 163.29 of the rule so that the administrative appeal 
remedy in 25 CFR part 2 only applies to seizure of trespass products 
still situated on an Indian reservation, where the seizure is initiated 
by federal officials. The revision provides that the remedy for 
challenging a federal seizure of trespass Indian products situated on 
an Indian reservation is exclusively within agency jurisdiction to 
ensure that a judicial proceeding could not proceed until completion of 
the 25 CFR part 2 process. The revision does not allow a tribal seizure 
through concurrent jurisdiction to be challenged separately through 25 
CFR part 2. The revision provides that seizure of trespass forest 
products off-reservation is contingent upon other legal authority and 
that seizure of property or equipment used in trespass on Indian land 
is similarly restricted.
    In recognition of this request for clarification of concurrent 
jurisdiction, the three categories of seizure have been expanded in the 
revision of Sec. 163.29 to provide for dual federal and tribal 
procedures.
    The comment further addresses the confusion inherent in the 
proposed regulation regarding concurrent trespass jurisdiction between 
the Bureau and tribes, and suggests redrafting to clarify. Sec. 163.29 
of the rule has been revised to clarify the interrelationship of the 
tribes and United States as to implementing concurrent jurisdiction, 
and the noted confusion has been eliminated. The intent of the revision 
is to implement Congress' grant of concurrent jurisdiction to 
qualifying tribes to pursue Indian trespass matters. At the suggestion 
of the commentor, the revision clarified that a tribe's exercise of the 
new, concurrent jurisdiction created through the National Indian Forest 
Resources Management Act and these regulations in no way affects any 
existing tribal authority to prosecute trespass matters. The revision 
provides that in cases where the Secretary defers to a tribe's exercise 
of its concurrent jurisdiction, the tribe rather than the United States 
would pursue and prosecute any tribal court litigation. In such cases, 
the United States would not appear as counsel, although BIA witnesses 
would be involved as appropriate. Tribal officials would not be acting 
on behalf of the United States, but on behalf of their separate 
jurisdiction granted by the National Indian Forest Resources Management 
Act. The revision adds further clarification consistent with these 
comments providing for discretionary United States' prosecution of 
Indian trespass matters in tribal courts in non-deferral situations. 
Also, seizure remedies in Sec. 163.29 were revised to separate federal 
action from concurrent tribal action.
    105. Comment: Sec. 163.29 of the proposed rule should provide 
guidance on how to deal with trespass forest products located in 
different settings at time of trespass detection.
    Response: Traditional judicial remedies are very different for 
dealing with trespass forest products located in different settings 
(e.g. in the woods, at a mill or buying station or after products have 
been converted and sold) at time of trespass detection. Sec. 163.29 of 
the rule has been revised to provide more specific guidance on how to 
deal with trespass forest products located in different settings.
    106. Comment: The provision of Sec. 163.29(a)(1) of the proposed 
rule which applies the measure of damages in tribal law before applying 
state law is inconsistent with Sec. 163.29(a)(2) of the proposed rule. 
Both should provide for the same priority of applicable law.
    Response: Sec. 163.29 of the rule has been revised to give tribal 
law precedence over state law so that provisions for applicable law for 
cases in tribal court and in Federal court are consistent.
    107. Comment: What does the term ``enforce'' in the first sentence 
of Sec. 163.29(f) of the proposed rule reference?
    Response: The term ``enforce'' references the clarifying phrase 
``against trespass'' in Sec. 163.29 of the rule.
    108. Comment: Sec. 163.29(h) of the proposed rule seems to make the 
tribe responsible for the Bureau's regulations. Is this possible?
    Response: Sec. 163.29 of the rule allows either a tribe or the 
United States to assume control over enforcement/prosecution of a 
trespass.
163.31  Insect and Disease Control
    109. Comment: Does Sec. 163.31(a) of the rule require that the 
Secretary consult with the tribe to initiate insect and disease control 
measures on an allotment?
    Response: Sec. 163.31(a) of the rule requires that tribes be 
consulted in cases where control measures would be initiated on 
allotments within the reservation boundary.
163.32  Forest Development
    110. Comment: Modify the first sentence in Sec. 163.32 of the rule 
to state that both tribes and the Secretary may undertake activities to 
improve the productivity of commercial Indian forest land.
    Response: The rule has not been revised because the wording of 
Sec. 163.32 allows either the Secretary or the tribe to perform forest 
land management activities called for by the forest development 
program.
    111. Comment: Sec. 163.32 of the rule should be modified to 
emphasize that forest development activities can be applied to both 
timberland and woodland.
    Response: The rule has not been revised because Sec. 163.32 states 
that forest development pertains to forest land management activities 
undertaken on commercial Indian forest land. Since the definition of 
Indian forest land includes woodland, no change to emphasize 
applicability to woodland is needed.
    112. Comment: Sec. 163.32 of the rule should emphasize that forest 
land management activities undertaken in the forest development program 
be designed to improve sustained production of forest products on 
forest lands.
    Response: The first sentence of Sec. 163.32 has been revised to 
emphasize that forest development activities should be undertaken to 
improve the sustainable productivity of commercial Indian forest land.
    113. Comment: The last sentence of Sec. 163.32 of the rule should 
be modified to include environmental and ecological impact analyses as 
determinants in 

[[Page 52258]]
establishing priorities for project funding.
    Response: The rule has not been revised because Sec. 163.32 
provides sufficient flexibility to include determinants appropriate to 
a broad range of circumstances which may include environmental and 
ecological analysis.
163.33  Administrative Appeals
    114. Comment: The commentor requests that Sec. 163.33 of the rule 
establish criteria to tighten the legal standing required to file 
appeals. Specifically, the commentor suggests limiting standing to file 
administrative appeals to the recognized beneficial Indian tribe in the 
case of management on tribal trust status lands, to a majority interest 
of the heirs in the case of management actions on allotted trust land, 
and to timber sale contractors for actions taken in the administration 
of the terms of their timber sale contracts.
    Response: The authors agree with the commentor in part; however, 
the commentor's suggested criteria to limit standing are too 
restrictive. Limiting standing to only a majority interest of the heirs 
in the case of management actions on allotted trust land is 
inappropriate. Instead, legal standing should be based on criteria as 
defined by earlier 25 CFR part 2 regulations which require an 
interested party to be an entity whose direct and substantive economic 
interest is adversely affected by a BIA action. Sec. 163.33 of the rule 
has been revised to provide more explicit guidance on parties that have 
legal standing in the administrative appeals process.
    115. Comment: The commentor requests clarification on Sec. 163.33 
of the rule in regards to the impact of staying appeals on contract 
execution and performance.
    Response: Historically, BIA Area Offices have acted differently in 
regards to the issue of staying appeals. Some have allowed disputed 
actions to proceed (relief from stay) and others have not allowed 
disputed actions to proceed (not halting stay). Sec. 163.33 of the rule 
provides that an administrative appeal of an action within these 
forestry regulations does not stay that action. To further clarify 
policy on staying appeals, Sec. 163.33 of the rule has been revised to 
emphasize that appeals filed under 25 CFR part 2 shall not stay any 
action unless otherwise directed by the Secretary.
163.34  Environmental Compliance
    116. Comment: Sec. 163.34 of the rule should be modified to require 
consideration of environmental concerns of Indian communities.
    Response: The rule has not been revised because the scoping process 
required by the National Environmental Policy Act (NEPA) embodied in 
the rule provides for an adequate means to identify and address 
environmental concerns of Indian communities.
    117. Comment: Sec. 163.34 of the rule should be revised to provide 
useful guidance on how to achieve compliance with NEPA by identifying 
which program actions usually require environmental impact statements 
or environmental assessments and which are normally categorically 
excluded from NEPA requirements.
    Response: The rule has not been revised because existing 
Departmental (516 DM 1-7) and Bureau of Indian Affairs Environmental 
Program manuals (30 BIAM Supplemental 1) provide the needed policy 
guidance and including the requested guidance is outside the scope of 
this rule.
    118. Comment: Sec. 163.34 of the rule should require that actions 
taken under the rule explicitly require compliance with applicable 
tribal environmental laws and regulations rather than merely requiring 
use of such laws and regulations for guidance.
    Response: Sec. 163.34 of the rule has been revised to emphasize 
that actions taken by the Secretary under the regulations in this part 
must comply with the National Environmental Policy Act of 1969, Council 
on Environmental Quality regulations and applicable tribal laws and 
regulations.
163.35  Indian Forest Land Assistance Account
    119. Comment: Sec. 163.35 of the rule should provide guidelines to 
assure the equitable distribution of funds into forest land assistance 
accounts at multi-tribe agencies.
    Response: The rule has not been revised because distribution of 
funds is a procedural process which is more appropriately addressed in 
the BIA forestry manual.
    120. Comment: What are acceptable sources of funding for deposit 
into Indian forest land assistance accounts addressed in Sec. 163.35 of 
the rule?
    Response: The rule has not been revised because Sec. 163.35 of the 
rule provides the comprehensive list of funding sources which can be 
deposited into Indian forest land assistance accounts identified in 25 
U.S.C. 3109.
    121. Comment: The reference to a tribe's trust fund account in 
Sec. 163.35(a) of the rule is technically incorrect. Such accounts 
should be referred to as tribal accounts within the trust fund system.
    Response: Sec. 163.35(a) of the rule has been revised to reflect 
the technically correct accounting terminology.
    122. Comment: Modify Sec. 163.35(b) of the rule to reflect the 
existence of both forest transportation and general forest land 
management accounts.
    Response: Sec. 163.35(b) of the rule has been revised to reflect 
the existence of both forest transportation and general forest land 
management accounts.
    123. Comment: Modify Sec. 163.35(c) of the rule to reflect the 
existence of both forest transportation and general forest land 
management accounts.
    Response: Sec. 163.35(c) of the rule has been revised to reflect 
the existence of both forest transportation and general forest land 
management accounts.
    124. Comment: Remove reference to a tribe's organization code in 
Sec. 163.35(d) of the rule because such reference is limiting and adds 
unnecessary procedural detail to the rule.
    Response: The rule has been revised to delete the reference to the 
tribe's organization code from Sec. 163.35(c) to clarify the rule by 
removing unnecessary procedural detail.
    125. Comment: Modify Sec. 163.35(h) of the rule to remove reference 
to the annual audit performed by the Secretary to oversee trust funds. 
That function is separate and distinct from the 25 U.S.C. 3109 
requirement to audit Indian forest land assistance accounts and should 
be deleted.
    Response: Sec. 163.35(h) of the rule has been revised to delete the 
reference to the Secretary's annual audit to oversee trust funds to 
clarify the requirement to audit Indian forest land assistance accounts 
in 25 U.S.C. 3109.
163.36  Tribal Forestry Program Financial Support
    126. Comment: Sec. 163.36 of the rule should provide for giving 
category 2 and 3 reservations with Tribal forestry programs a higher 
priority in funding.
    Response: The rule has not been revised because the funding 
allocation system in Secs. 163.36 (f) and (g) provide for equity in 
distribution of funds appropriated for tribal forestry program 
financial support and emphasizes allocation of funds to locations with 
the greatest resource management needs. Further, category 2 and 3 
reservations which do not qualify for funding as individual locations 
can form cooperatives to qualify for the highest level of funding under 
Sec. 163.36(c) of the rule.
    127. Comment: Level one funding assistance provided for in 
Sec. 163.36(e)(1) is insufficient to employ and support an experienced 
forester. 

[[Page 52259]]

    Response: The rule has not been revised because forestry program 
management experience of tribes and the Bureau is that the base funding 
assistance provided for in Sec. 163.36(e)(1) is adequate to employ and 
support a professional forester. Also, if the minimum funding 
assistance provided was increased, fewer tribes would benefit from the 
program.
    128. Comment: Given that one of the variables to determine 
eligibility for tribal forestry financial support is the allowable 
annual cut, would a reservation lose funding provided under Sec. 163.36 
if they did not harvest timber in a given year?
    Response: Funding would not be lost if harvest did not occur. If a 
reservation qualifies under the criteria established in Sec. 163.36 and 
funds are appropriated for tribal forestry program financial support, 
the program will be funded regardless of harvest activity in a given 
year.
    129. Comment: Can public domain allotments in Alaska qualify for 
tribal forestry program financial support funding under Sec. 163.36 of 
the rule?
    Response: Alaska Native allottees could qualify for tribal forestry 
program financial support if they formed cooperatives and such 
cooperatives met qualification criteria set forth in Sec. 163.36 of the 
rule.

Subpart C--Forestry Education, Education Assistance, Recruitment and 
Training

163.40  Indian and Alaska Native Forestry Education Assistance
    130. Comment: Sec. 163.40 of the rule should provide for 
standardization of salary and benefits for participants in the forester 
intern and cooperative education programs and should provide a housing 
allowance for students in the cooperative education program.
    Response: The rule has not been revised because it provides for and 
standardizes salary and benefits to the extent the National Indian 
Forest Resources Management Act allows. Also, salary and benefits of 
program participants are regulated by other Federal statutes and 
regulations which address personnel management.
    131. Comment: The education committee provided for by 
Sec. 163.40(a)(1) of the rule should be comprised of a minimum of two 
instead of one Indian or Alaska Native members.
    Response: The rule has not been revised because the intent of the 
program is to provide the maximum funds possible for Indian and Alaska 
Native forestry students. The four person committee provided for in 
Sec. 163.40(a)(1) of the rule is believed to be adequate to conduct 
program business. Therefore, increasing program overhead and associated 
costs would contradict the program intent to provide the maximum funds 
possible for Indian and Alaska Native forestry students. If the number 
of committee members stipulated is inadequate to complete required 
program work, the number of committee members may be increased at the 
discretion of the Secretary.
    132. Comment: The scope of the intern program provided for in 
Sec. 163.40(b) of the rule should be increased to provide training 
needed to develop forestry technicians as well as professional resource 
managers.
    Response: The rule has not been revised because the purpose of the 
intern program is to develop professional Indian foresters and resource 
managers which, historically, have been in critically short supply.
    133. Comment: Sec. 163.40(b) of the rule should provide for 
establishing regional quotas for intern program positions to ensure 
that all areas receive their fair share.
    Response: The rule has not been revised because the education 
committee provided for in Sec. 163.40(a)(1) of the rule can develop 
criteria other than merit and past performance to ensure fairness and 
equity in selection for the program.
    134. Comment: Sec. 163.40(b)(1)(ii) of the rule should be modified 
to encourage Indians and Alaska Natives in the intern program to 
include courses on indigenous culture related to their field of study.
    Response: Sec. 163.40(b)(1)(ii) of the rule has been revised to 
emphasize that courses on indigenous culture related to their field of 
study could be included in the curriculum of interns.
    135. Comment: Shouldn't the term ``articulation'' in 
Sec. 163.40(d)(5) of the rule be ``matriculation''?
    Response: Even though use of the term ``articulation'' in 
Sec. 163.40(d)(5) of the rule is correct, the rule has been revised to 
delete the word from the rule and add the minimum requirements of such 
agreements to the rule for the purpose of clarification.
    136. Comment: Sec. 163.40(e)(1)(ii) of the rule should be modified 
to promote forestry career awareness that includes both native 
indigenous and modern forest technologies.
    Response: Sec. 163.40(e)(1)(ii) of the rule has been revised to 
emphasize the need for both native indigenous and modern technologies 
in forestry career awareness programs.
    137. Comment: Sec. 163.40(f)(3) of the rule should be modified to 
encourage Indians and Alaska Natives in the postgraduate studies 
program to choose a research topic that will include native indigenous 
knowledge and technologies applied to forestry.
    Response: The rule has not been revised because including the 
suggested language as a requirement of the postgraduate study program 
in 163.40(f)(3) of the rule would be inappropriate.

Subpart D--Alaska Native Technical Assistance Program

163.60  Purpose and Scope
    138. Comment: Include the forest land management activity 
objectives enumerated in Sec. 163.3(b) of the rule in Sec. 163.60 of 
the rule.
    Response: The rule has not been revised because the purpose of 
Sec. 163.60 of the rule is to provide policy guidance for the 
administration of the Alaska Native Technical Assistance Program, not 
to reiterate the objectives of forest land management activities.
    139. Comment: Broaden the scope of the definition of technical 
assistance in Sec. 163.60(a) to include all forest land management 
activities as defined in Sec. 163.1 Definitions of the rule.
    Response: The rule has not been revised because including all 
forest land management activities as defined in Sec. 163.1 of the rule 
would expand technical assistance activities far beyond those 
envisioned by 25 U.S.C. 3112.
    140. Comment: Funding appropriated for managing Alaska Native 
forest lands should be comparable to that appropriated for the 
management of Indian forest land in the lower 48.
    Response: The rule has not been revised because the issue of 
appropriations is outside the scope of the rule. Congress has 
discretionary authority for appropriating funds for the Alaska Native 
technical assistance program.
    141. Comment: The definition of technical assistance in 
Sec. 163.60(a) should be modified to allow ANCSA corporations to engage 
in on-the-ground field activities necessary to managing forest 
resources on their lands.
    Response: The rule has not been revised because the definition in 
Sec. 163.60(a) of the rule is sufficiently flexible to provide for the 
activities envisioned by 25 U.S.C. 3112 needed to promote sustained 
yield management of ANCSA forest resources, local processing and other 
value added activities with such forest resources. Further, the 
definition does not prohibit on-the-ground activities so long as such 
activities are required to promote 

[[Page 52260]]
sustained yield management of ANCSA forest resources, local processing 
and other value-added activities.

Subpart F--Program Assessment

163.82  Annual Status Report
    142. Comment: In Sec. 163.82 of the rule delete the requirement to 
report the value of timber available for sale and the condition to 
report required information only for lands managed under an approved 
forest management plan.
    Response: The reporting requirements in Sec. 163.82 of the rule 
have been changed to conform with reporting requirements stipulated in 
25 U.S.C. 3111(c) so the change requested by the comment has been made.

III. Findings and Certifications

    The major purpose of the revision has been to provide uniform 
Indian forestry program operating policy that complies with the 
National Indian Forest Resources Management Act.
    The Department has certified to the Office of Management and Budget 
(OMB) that these final regulations meet the applicable standards 
provided in sections 2(a) and 2(b)(2) of Executive Order 12778. These 
regulations have no preemptive or retroactive effect.
    The Department of the Interior has determined that this rule is not 
a significant regulatory action under Executive Order 12866, and 
therefore will not be reviewed by the Office of Management and Budget.
    In accordance with E.O. 12630, the Department has determined that 
this rule does not have significant takings implications.
    This rule 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 proposed 25 CFR part 163, General 
Forest Regulations, will have a positive impact on small business 
entities. Section 163.13, Indian tribal forest enterprise operations, 
Sec. 163.14, Sale of forest products, and Sec. 163.22, Payment for 
forest products provide streamlined rules for the sale and collection 
of proceeds from the sale of Indian forest products. The rule should 
benefit both Indian and non-Indian forest product businesses on and 
adjacent to Indian lands by simplifying sale procedures and improving 
cash flow to Tribes engaged in forest product industry. Further, the 
rule will provide a means to deliver technical assistance to Alaska 
Native Regional and Village Corporations to promote and develop value-
added forest product industry. Such assistance will create a positive 
impact by facilitating initiation of new, small forest product 
businesses and enhancing existing enterprises. Other than these 
positive effects, the rule will not cause significant impacts to small 
business entities because other sections of the rule serve to affirm 
uniform Indian forest resource management standards, policy and 
procedures which have been in effect for many years.
    The Department has determined that this rule does not have 
significant federalism effects.
    The Department has determined that this rulemaking 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 revised as set forth below.

PART 163--GENERAL FORESTRY 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, 415, 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 


[[Page 52261]]
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.
    Expenditure plan means a written agreement between an Indian tribe 
and the Secretary documenting tribal commitment to undertake specified 
forest land management activities within general time frames.
    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:
    (a) All aspects of program administration and executive direction 
such as:
    (1) Development and maintenance of policy and operational 
procedures, program oversight, and evaluation;
    (2) Securing of legal assistance and handling of legal matters;
    (3) Budget, finance, and personnel management; and
    (4) Development and maintenance of necessary data bases and program 
reports.
    (b) All aspects of the development, preparation and revision of 
forest inventory and management plans, including aerial photography, 
mapping, field management inventories and re- inventories, inventory 
analysis, growth studies, allowable annual cut calculations, 
environmental assessment, and forest history, consistent with and 
reflective of tribal integrated resource management plans where such 
plans exist.
    (c) Forest land development, including forestation, thinning, tree 
improvement activities, and the use of silvicultural treatments to 
restore or increase growth and yield to the full productive capacity of 
the forest environment.
    (d) Protection against losses from wildfire, including acquisition 
and maintenance of fire fighting equipment and fire detection systems, 
construction of fire breaks, hazard reduction, prescribed burning, and 
the development of cooperative wildfire management agreements.
    (e) Protection against insects and disease, including:
    (1) All aspects of detection and evaluation;
    (2) Preparation of project proposals containing project 
descriptions, environmental assessments and statements, and cost- 
benefit analyses necessary to secure funding;
    (3) Field suppression operations and reporting.
    (f) Assessment of damage caused by forest trespass, infestation or 
fire, including field examination and survey, damage appraisal, 
investigation assistance and report, demand letter, and testimony 
preparation.
    (g) All aspects of the preparation, administration, and supervision 
of timber sale contracts, paid and free use permits, and other Indian 
forest product harvest sale documents, including;
    (1) Cruising, product marketing, silvicultural prescription, 
appraisal and harvest supervision;
    (2) Forest product marketing assistance, including evaluation of 
marketing and development opportunities related to Indian forest 
products and consultation and advice to tribes, tribal and Indian 
enterprises on maximization of return on forest products;
    (3) Archeological, historical, environmental and other land 
management reviews, clearances, and analyses;
    (4) Advertising, executing, and supervising contracts;
    (5) Marking and scaling of timber; and
    (6) Collecting, recording and distributing receipts from sales.
    (h) Provision of financial assistance for the education of Indians 
and Alaska Natives enrolled in accredited programs of postsecondary and 
postgraduate forestry and forestry-related fields of study, including 
the provision of scholarships, internships, relocation assistance, and 
other forms of assistance to cover educational expenses.
    (i) Participation in the development and implementation of tribal 
integrated resource management plans, including activities to 
coordinate current and future multiple uses of Indian forest lands.
    (j) Improvement and maintenance of extended season primary and 
secondary Indian forest land road systems.
    (k) Research activities to improve the basis for determining 
appropriate management measures to apply to Indian forest land.
    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 principal 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 ensuring 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, 

[[Page 52262]]
mushrooms, and herbs; other marketable material; and gravel which is 
extracted from, and utilized on, Indian forest land.
    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).
    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).
    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 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 sustainable forest 
products within the general rotation period. Such land may be 
economically harvested, but the site quality does not warrant 
significant investment to enhance 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, Alaska Native 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, or damaging 
forest products on, Indian forest land, except when authorized by law 
and applicable federal or tribal regulations. Trespass can include any 
damage to forest resources on Indian forest land resulting from 
activities under contracts or permits or from fire.
    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 to produce forest products that are 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 

[[Page 52263]]
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 of this part.


Sec. 163.11  Forest management planning and sustained yield management.

    (a) To further the objectives identified in Sec. 163.3 of this 
part, an appropriate forest management plan shall be prepared and 
revised as needed for all Indian forest lands. 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 
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 reforestation 
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 appropriate, based on ecological principles, 
to harvest a particular stand of timber by such method and it otherwise 
conforms with objectives in Sec. 163.3 of this part.


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 beneficial 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 of this part; 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 by tribal resolution or 
resolution of recognized tribal government, 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 Indian 
owner(s).
    (b) On individually owned Indian forest land not formally 
designated for retention in its natural state, the Secretary may, after 
consultation, 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 of this 
part.
    (d) With the approval of the Secretary, authorized beneficial 
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) of this part, in all such 
sales, the forest products shall be appraised and sold at 

[[Page 52264]]
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 of 
this part, 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 of this 
part 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. 

[[Page 52265]]



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 beneficial Indian owner(s) or the Secretary 
acting pursuant to a power of attorney from the beneficial 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 
beneficial Indian owners who are non compos mentis.
    (2) The Secretary may execute contracts for a decedent's estate 
where ownership 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 this 
part in Sec. 163.13 or in timber cutting permits issued pursuant to 
Sec. 163.26 of this part.
    (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 as trustee 
under terms of an appropriate trust;
    (3) Negotiable U.S. Government securities supported by an 
appropriate trust instrument; 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 of this part, 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 of this part, 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 advance 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 advance 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) of this part.


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 

[[Page 52266]]
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 the 
total consideration furnished under a contract, permit or other 
document for the sale of forest products is less than $5,001.
    (d) Except as provided in Sec. 163.25(e) of this part, 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 may 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 allocation 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) Forest management deductions shall be handled in the same 
manner as described under Sec. 163.25(f)(1) of this part if the 
expenditure plan approved by an Indian tribe and the Secretary provides 
for the conduct of forest land management activities on Indian forest 
lands located outside the boundaries of an Indian reservation.
    (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 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) of this part, only forest 
management deductions that have not been incorporated into an approved 
expenditure plan may be deposited to a U.S. Treasury miscellaneous 
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 of this part, 
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 beneficial Indian owner(s) or the Secretary, for harvest 
of forest products from Indian forest land, as authorized in 
Sec. 163.20 of this part. 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 of this part, 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 of this part. 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 

[[Page 52267]]
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 beneficial Indian owners and the Secretary, 
Indians may harvest designated types of forest products from Indian 
forest land without a permit or contract, and without charge. Forest 
products harvested 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 is authorized to conduct a wildfire prevention 
program to reduce the number of person-caused fires and 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 civil 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. For trespass actions brought in tribal 
court pursuant to these regulations, the measure of damages, civil 
penalties, remedies and procedures will be as set forth in this 
Sec. 163.29 of this part. All other aspects of a tribal trespass 
prosecution brought under these regulations will be that prescribed by 
the law of the tribe in whose reservation or within whose jurisdiction 
the trespass was committed, unless otherwise prescribed under federal 
law. Absent applicable tribal or federal law, the measure of damages 
shall be that prescribed by the law of the state in which the trespass 
was committed.
    (2) Cases in Federal Court. For trespass actions brought in Federal 
court pursuant to these regulations, the measure of damages, civil 
penalties, remedies and procedures will be as set forth in this 
Sec. 163.29. 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, or in the 
absence of tribal law, the law of the state in which it was committed.
    (3) Civil penalties for trespass include, but are not limited to:
    (i) Treble damages, whenever any person, without lawful authority 
injures, severs, or carries off from a reservation any forest product 
as defined in Sec. 163.1 of this part. Proof of Indian ownership of the 
premises and commission of the acts by the trespasser are prima facie 
evidence sufficient to support liability for treble damages, with no 
requirement to show willfulness or intent. Treble damages shall be 
based upon the highest stumpage value obtainable from the raw materials 
involved in the trespass.
    (ii) Payment of costs associated with damage to Indian forest land 
includes, but is not limited to, rehabilitation, reforestation, lost 
future revenue and lost profits, loss of productivity, and damage to 
other forest resources.
    (iii) 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 
damages, including but not limited to field examination and survey, 
damage appraisal, investigation assistance and reports, witness 
expenses, demand letters, court costs, and attorney fees.
    (iv) Interest calculated at the statutory rate prescribed by the 
law of the tribe in whose reservation or within whose jurisdiction the 
trespass was committed, or in the absence of tribal law in the amount 
prescribed by federal law. Where tribal law or federal law does not 
supply a statutory interest rate, the rate of interest shall be 
statutory rate upon judgments as prescribed by the law of the state in 
which the trespass was committed. Interest shall be based on treble the 
highest stumpage value obtainable from the raw materials involved in 
the trespass, and calculated from the date of the trespass until 
payment is rendered.
    (b) Any cash or other proceeds realized from forfeiture of 
equipment or other goods or from forest products damaged or taken in 
the trespass shall be applied to satisfy civil penalties and other 
damages identified under Sec. 163.29(a) of this part. After disposition 
of real and personal property to pay civil penalties and damages 
resulting from 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, civil 
penalties shall be distributed as follows:
    (1) Collection of damages up to the highest stumpage value of the 
trespass products shall be distributed pro rata between the Indian 
beneficial owners and any costs and expenses needed to restore the 
trespass land; or
    (2) Collections exceeding the highest stumpage value of the 
trespass product, but less than full recovery, shall be proportionally 
distributed pro rata between the Indian beneficial owners, the law 
enforcement agency, and the cost to restore the trespass land. Forest 
management deductions shall not be withheld where less than the highest 
stumpage value of the unprocessed forest products taken in trespass has 
been recovered.
    (c) Indian beneficial owners who trespass, or who are involved in 
trespass upon their own land, or undivided land in which such owners 
have a partial interest, shall not receive their beneficial share of 
any civil penalties and damages collected in consequence of the 
trespass. Any civil penalties and damages defaulted in consequence of 
this provision instead shall be distributed first toward restoration of 
the land subject of the trespass and second toward costs of the 
enforcement agency in consequence of the trespass, with any remainder 
to the forest management deduction account of the reservation in which 
the trespass took place.
    (d) Civil penalties and other damages collected under these 
regulations, except for penalties and damages provided for in 
Secs. 163.29(a)(3) (ii) and (iii) of this part, shall be treated as 

[[Page 52268]]
proceeds from the sale of forest products from the Indian forest land 
upon which the trespass occurred.
    (e) When a federal official or authorized tribal representative 
pursuant to Sec. 163.29(j) of this part has reason to believe that 
Indian forest products are involved in trespass, such individual may 
seize and take possession of the forest products involved in the 
trespass if the products are located on reservation. When forest 
products are seized, the person seizing the products must at the time 
of the seizure issue a Notice of Seizure to the possessor or claimant 
of the forest products. The Notice of Seizure shall indicate the date 
of the seizure, a description of the forest products seized, the 
estimated value of forest products seized, an indication of whether the 
forest products are perishable, and the name and authority of the 
person seizing the forest products. Where the official initiates 
seizure under these regulations only, the Notice of Seizure shall 
further include the statement that any challenge or objection to the 
seizure shall be exclusively through administrative appeal pursuant to 
part 2 of Title 25, and shall provide the name and the address of the 
official with whom the appeal may be filed. Alternately, an official 
may exercise concurrent tribal seizure authority under these 
regulations using applicable tribal law. In such case, the Notice of 
Seizure shall identify the tribal law under which the seizure may be 
challenged, if any. A copy of a Notice of Seizure shall be given to the 
possessor or claimant at the time of the seizure. If the claimant or 
possessor is unknown or unavailable, Notice of Seizure shall be posted 
on the trespass property, and a copy of the Notice shall be kept with 
any incident report generated by the official seizing the forest 
products. If the property seized is perishable and will lose 
substantial value if not sold or otherwise disposed of, the 
representative of the Secretary, or authorized tribal representative 
where deferral has been requested, may cause the forest products to be 
sold. Such sale action shall not be stayed by the filing of an 
administrative appeal nor by a challenge of the seizure action through 
a tribal forum. All proceeds from the sale of the forest products shall 
be placed into an escrow account and held until adjudication or other 
resolution of the underlying trespass. If it is found that the forest 
products seized were involved in a trespass, the proceeds shall be 
applied to the amount of civil penalties and damages awarded. If it is 
found that a trespass has not occurred or the proceeds are in excess of 
the amount of the judgment awarded, the proceeds or excess proceeds 
shall be returned to the possessor or claimant.
    (f) 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 federal or tribal government supervision, the federal 
official or authorized tribal representative pursuant to Sec. 163.29(k) 
of this part responsible for the trespass shall immediately provide the 
following notice to the owner of the land or the party in possession of 
the trespass products:
    (1) That such products could be Indian trust property involved in a 
trespass; and
    (2) That removal or disposition of the forest products may result 
in criminal and/or civil action by the United States or tribe.
    (g) A representative of the Secretary or authorized tribal 
representative pursuant to Sec. 163.29(j) of this part will promptly 
determine if a trespass has occurred. The appropriate representative 
will issue an official Notice of Trespass to the alleged trespasser 
and, if necessary, the possessor or potential buyer of any trespass 
products. The Notice is intended to inform the trespasser, buyer, or 
the processor:
    (1) That a determination has been made that a trespass has 
occurred;
    (2) The basis for the determination;
    (3) An assessment of the damages, penalties and costs;
    (4) Of the seizure of forest products, if applicable; and
    (5) That disposition or removal of Indian forest products taken in 
the trespass may result in civil and/or criminal action by the United 
States or the tribe.
    (h) The Secretary may accept payment of damages in the settlement 
of civil trespass cases. In the absence of a court order, the Secretary 
will determine the procedure and approve acceptance of any settlements 
negotiated by a tribe exercising its concurrent jurisdiction pursuant 
to Sec. 163.29(j) of this part.
    (i) The Secretary may delegate by written agreement or contract, 
responsibility for detection and investigation of forest trespass.
    (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 25 U.S.C. 3106 and this section against 
any person.
    (1) The Secretary shall acknowledge said concurrent 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 over trespass cases as set forth in Sec. 163.29(j)(1) of 
this part, the Secretary and tribe's authorized representatives will be 
jointly responsible to coordinate prosecution of trespass actions. The 
Secretary shall, upon timely 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 authorized 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 Federal officials 
responsible for initiating and prosecuting forest trespass cases. Where 
an Indian tribe has acquired concurrent civil jurisdiction, but does 
not request deferral of prosecution, the federal officials responsible 
for initiating and prosecuting such cases may file and prosecute the 
action in the tribal court or forum.
    (3) The Secretary may rescind an Indian tribe's concurrent civil 
jurisdiction over trespass cases under this regulation if the Secretary 
or a court of competent jurisdiction determines that the tribal court 
has not adhered to the due process or equal protection requirements of 
the Indian Civil Rights Act. If it is determined that said rescission 
is justified, the Secretary shall provide written Notice of the 
rescission, including the findings justifying the rescission and the 
steps needed to remedy the violations causing the rescission, to the 
chief judge of the tribal judiciary or other authorized tribal official 
should there be no chief judge. If said steps are not taken within 60 
days, the Secretary's rescission of concurrent civil jurisdiction shall 
become final. The affected tribe(s) may appeal a Notice of Rescission 
under part 2 of Title 25.
    (4) Nothing shall be construed to prohibit or in any way diminish 
the authority of a tribe to prosecute 

[[Page 52269]]
individuals under its criminal or civil trespass laws where it has 
jurisdiction over those individuals.


Sec. 163.30  Revocable road use and construction permits for removal of 
commercial forest products.

    (a) In accordance with 25 U.S.C. 415 as amended, 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 con- struction 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 those with an 
interest therein are unknown so long as the majority of owner(s) of 
interests whose whereabouts are known, consent to the grant;
    (3) The heirs or devisees of a deceased owner of the land or 
interest have not been determined, and the Secretary finds the grant 
will cause no substantial injury to the land or any land owner; 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), that cannot be 
adequately compensated for by monetary damages.
    (c) Nothing in this section shall preclude acquisition of rights-
of-way over Indian lands, under 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 sustainable 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 under 25 CFR part 163 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, except that an appeal of any action under part 
163 of this title shall:
    (a) Not stay any action unless otherwise directed by the Secretary; 
and
    (b) Define ``interested party'' for purposes of bringing such an 
appeal or participating in such an appeal as any person whose own 
direct economic interest is adversely affected by an action or 
decision.


Sec. 163.34  Environmental compliance.

    Actions taken by the Secretary under the regulations in this part 
must comply with the National Environmental Policy Act of 1969, 
applicable Council on Environmental Quality Regulations, and 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 tribal-specific forest land assistance accounts 
within the trust fund system.
    (b) Deposits shall be credited either to forest transportation or 
to general forest land management accounts.
    (c) Deposits into the accounts 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) of this part; unobligated 
forestry appropriations shall consist of balances that remain 
unobligated at the end of the fiscal year(s) for which funds are 
appropriated for the benefit of an Indian tribe.
    (e) Funds in the Indian forest land assistance account plus any 
interest or other income earned 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) 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 audit results 
of 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 (as defined under Sec. 163.36(b)(1)-(3)) 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: 

[[Page 52270]]

    (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 that 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 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 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 formula below. 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
[GRAPHIC][TIFF OMITTED]TR05OC95.000

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) of this part 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) of this part 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. This 
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 that 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 which could 
include courses on indigenous culture; and
    (iii) To create an opportunity for the advancement of forestry and 
forestry-related technicians to professional resource management 
positions with the 

[[Page 52271]]
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) of this part 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 semiannually, 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) of this part 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 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 program at a bachelor degree 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) of this part will evaluate annually the performance 
of forester intern program participants against requirements enumerated 
in Sec. 163.40(b)(6) of this part 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, 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).
    (3) To be considered for selection, applicants for the cooperative 
education program must meet the following criteria:
    (i) Meet eligibility requirements stipulated in 5 CFR 213.3202;
    (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 bachelor degrees in forestry or forestry-
related curriculums or a post-secondary education institution which has 
an agreement with a college or university which grants bachelor degrees 
in forestry or forestry-related curriculums. The 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 program at the bachelor degree-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) of this part 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 this part in 
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:

[[Page 52272]]

    (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 agreement with a college or university which 
grants bachelor degrees in forestry or forestry-related curriculums. 
The 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 bachelor 
degree 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 
bachelor degree in a forestry or forestry-related curriculum; and
    (ii) Be accepted into a forestry or forestry-related bachelor 
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 this part in 
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 that could include modern 
technologies as well as native indigenous forestry technologies;
    (iii) Involve students in projects and activities oriented to 
forestry related professions early so students realize the need to 
complete required precollege 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) of 
this part.
    (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) of 
this part.


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) of this part. 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) of this part.
    (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) Foresters or forestry-related personnel from other Department 
of the Interior agencies may apply through 

[[Page 52273]]
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 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 postdoctoral 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 waiver. In 
such cases, the Secretary shall issue a decision within 30 days of 
receipt of the request for waiver.
    (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. 

[[Page 52274]]


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 benefited. 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 of this part.
    (a) 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 of this part, 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 

[[Page 52275]]
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, and the 
quantity of timber available for sale, offered for sale, and sold, for 
each Indian tribe.


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 of this part.

    Dated: July 14, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-24480 Filed 10-4-95; 8:45 am]
BILLING CODE 4310-02-P