25-U.S.C.-3106
§3106 – Forest Trespass
Pathway
Title 25 > Chapter 33 > Section 3106
Details
- Reference: Section 3106
- Legend: §3106 – Forest Trespass
- USCode Year: 2013
Provision Content
(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.
(Pub. L. 101–630, title III, §307, Nov. 28, 1990, 104 Stat. 4537.)
U.S. Encyclopedia of Law Coverage
25-U.S.C.-3101 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-3101, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
Title 25 – Indians in the Legal Encyclopedia: Forest
In this entry about Title 25 – Indians, find legal reference material, bibliographies and premiere content related to forest in the American Encyclopedia of Law, presenting a comprehensive view of the United States forest-specific issues, written by authorities in the field.
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