25 U.S.C. § 3106 : US Code - Section 3106: Forest trespass

Search 25 U.S.C. § 3106 : US Code - Section 3106: Forest trespass

(a) Civil penalties; regulations
Not later than 18 months from November 28, 1990, 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) of this section 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.