Page:United States Statutes at Large Volume 104 Part 6.djvu/147

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PUBLIC LAW 101-630 —NOV. 28, 1990 104 STAT. 4537 ties on the reservation from which such deductions are collected and shall be made available to the tribe, upon its request, by contract or agreement for the performance of such activities. (d) LIMITATIONS. —(1) Forest management deductions withheld pursuant to this section shall not be available to— (A) cover the costs that are paid from funds appropriated specifically for fire suppression or pest control, or (B) otherwise offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands. (2) No other forest management deductions derived from Indian forest lands shall be collected to be covered into the general funds of the United States Treasury. SEC. 307. FOREST TRESPASS. 25 USC 3106. (a) CIVIL PENALTIES; REGULATIONS. —Not later than 18 months from the date of enactment of this title, the Secretary shall issue regulations that— (1) establish civil penalties for the commission of forest trespass which provide for— (A) collection of the value of the products illegally removed plus a penalty of double their value, (B) collection of the costs associated with damage to the Indian forest land caused by the act of trespass, and (C) collection of the costs associated with enforcement of the regulations, including field examination and survey, damage appraisal, investigation assistance and reports, witness expenses, demand letters, court costs, and attorney fees; (2) designate responsibility with the Department of the Interior for the detection and investigation of forest trespass; and (3) set forth responsibilities and procedures for the assessment and collection of civil penalties. (b) TREATMENT OF PROCEEDS. —The proceeds of civil penalties collected under this section shall be treated as proceeds from the sale of forest products from the Indian forest lands upon which such trespass occurred. (c) CONCURRENT JURISDICTION.— Indian tribes which adopt the regulations promulgated by the Secretary pursuant to subsection (a) shall have concurrent civil jurisdiction to enforce the provisions of this section and the regulation promulgated thereunder. The Bureau of Indian Affairs and other agencies of the Federal Government shall, at the request of the tribe, defer to tribal prosecutions of forest trespass cases. Tribal court judgments regarding forest trespass shall be entitled to full faith and credit in Federal and State courts to the same extent as a Federal court judgment obtained under this section. SEC. 308. DIRECT PAYMENT OF FOREST PRODUCTS RECEIPTS. 25 USC 3107. (a) REGULATIONS.— Notwithstanding any other law, the Secretary shall, within 1 year from the date of enactment of this title, promulgate regulations providing for the payment of the receipts from the sale of Indian forest products as provided in this section. (b) PAYMENT INTO A BANK DEPOSITORY. —Upon the request of an Indian tribe, the Secretary shall 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 which has been