25 U.S.C. § 3105 : US Code - Section 3105: Forest management deduction

Search 25 U.S.C. § 3105 : US Code - Section 3105: Forest management deduction

(a) Withholding of deduction
Pursuant to the authority of section 413 of this title, the
Secretary shall withhold a reasonable deduction from the gross
proceeds of sales of forest products harvested from Indian forest
land under a timber sale contract, permit, or other harvest sale
document, which has been approved by the Secretary, to cover in
whole or part the cost of managing and protecting such Indian
forest land.
(b) Amount of deduction
Deductions made pursuant to subsection (a) of this section shall
not exceed the lesser amount of -
(1) 10 percent of gross proceeds, or
(2) the percentage of gross proceeds collected on November 28,
1990, as forest management deductions by the Secretary on such
sales of Indian forest products,
unless the appropriate Indian tribe consents to an increase in the
deductions.
(c) Use of deduction
The full amount of any deduction collected by the Secretary shall
be expended according to an approved expenditure plan, approved by
the Secretary and the appropriate Indian tribe, for the performance
of forest land management activities 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.