Sec. 702. Management of Indian forest land authorized to include related National Forest System lands and public lands
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/bill/114/s/2012/eah/section-702A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 305 of the National Indian Forest Resources Management Act ( 25 U.S.C. 3104 ) is amended by adding at the end the following new subsection: At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographic area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land ceded to the United States by treaty, Federal forest land within the boundaries of a current or former reservation, or Federal forest land adjudicated to be tribal homelands.
As part of the agreement to treat Federal forest land as Indian forest land under paragraph (1), the Secretary concerned and the Indian tribe making the request shall— provide for continued public access applicable to the Federal forest land prior to the agreement, except that the Secretary concerned may limit or prohibit such access as needed; continue sharing revenue generated by the Federal forest land with State and local governments either— on the terms applicable to the Federal forest land prior to the agreement, including, where applicable, 25-percent payments or 50-percent payments; or at the option of the Indian tribe, on terms agreed upon by the Indian tribe, the Secretary concerned, and State and county governments participating in a revenue sharing agreement for the Federal forest land; comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; recognize all right-of-way agreements in place on Federal forest land prior to commencement of tribal management activities; and ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis.
Treating Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph
(1)shall not be construed to designate the Federal forest land as Indian forest lands for any other purpose. In this subsection: The term Federal forest land means— National Forest System lands; and public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) )), including Coos Bay Wagon Road Grant lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179), and Oregon and California Railroad Grant lands. The term Secretary concerned means— the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i); and the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(ii). .
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Sec. 702
Management of Indian forest land authorized to include related National Forest System lands and public lands
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