Summary: S.1289 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (10/10/1990)

Title I: General Provisions - National Indian Forest Resources Management Act - Sets forth congressional findings, purposes, and definitions.

Title II: Forest Management and Administration - Directs the Secretary of the Interior to undertake forest management activities on Indian forest land to achieve the following objectives: (1) the development and enhancement of Indian forest land in a perpetually productive state by applying sound silvicultural and economic principles; (2) the regulation of such lands through the implementation of plans supported by tribal objectives and forest marketing programs; (3) the regulation of such lands to ensure continuous productivity and a perpetual forest business; (4) the development of such lands and associated value-added industries by Indians to promote self-sustaining communities; (5) the retention of such land in its natural state when an Indian tribe determines that the recreational, cultural, aesthetic, or traditional values of the land represent its best use; (6) the protection of forest resources by regulating water run-off and soil erosion; and (7) the improvement of timber productivity, grazing, wildlife, fisheries, and specified traditional values.

Requires the Secretary to withhold a deduction from the gross proceeds of sales of forest products harvested from Indian forest land to cover the costs of managing such land. Limits such deductions to the lesser of ten percent or the percentage of the gross sale proceeds currently collected as forest management deductions unless the Indian tribe consents to an increase in deductions. Prohibits such deductions from being used to: (1) cover the costs that are paid from funds appropriated for fire suppression or pest control; or (2) offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands.

Directs the Secretary to: (1) establish civil penalties for the commission of forest trespass; (2) designate responsibility in the Department of the Interior for the detection and investigation of forest trespass; and (3) set forth procedures for the collection of penalties. Grants Indian tribes concurrent civil jurisdiction to enforce penalty provisions. Directs the Federal Government, at the request of a tribe, to defer to tribal prosecution of forest trespass cases.

Requires the Secretary to promulgate regulations to provide for the payment of receipts from sales of Indian forest products. Directs the Secretary, at the request of an Indian tribe, to require purchasers of forest products to make payments into bank depository accounts designated by the Indian tribe.

Requires the Secretary to comply with tribal laws pertaining to Indian forest lands.

Authorizes the Secretary, at the request of an Indian tribe, to establish a special Indian forest land assistance account to fund Indian forest land management activities.

Requires the Secretary to establish a program to provide financial support to forestry programs established by an Indian tribe. Sets forth an allocation formula for such assistance.

Directs the Secretary to enter into a contract with a non-Federal entity knowledgeable in forest management practices on Federal and private lands to conduct an assessment of Indian forest lands and land management practices. Requires such assessments to be conducted on each ten-year anniversary of the enactment of this Act.

Authorizes the Secretary of Agriculture, through the Forest Service, to provide technical assistance in the conduct of research and evaluation activities necessary for assessments or reports.

Directs the Secretary of the Interior to establish a program of technical assistance to Alaska Native corporations to promote sustained yield management of forest resources.

Title III: Indian and Alaska Native Forestry Education Assistance Programs - Establishes a forester intern program to provide financial assistance to Indian and Alaska Native students who are acquiring necessary academic qualifications in forestry or a forestry-related field and who are appointed to forester intern positions. Directs the Secretary to establish and maintain at least 20 forester intern positions for such students in the Bureau of Indian Affairs (BIA). Requires forester interns to enter into an agreement obligating them to serve two years as a forestry-related professional with BIA, an Indian tribe, or a tribal forestry-related enterprise for each year of education for which they received financial assistance.

Directs the Secretary to maintain, through BIA, a cooperative education program to recruit Indian and Alaska Native students who are enrolled in secondary schools, tribally-controlled community colleges, or post-secondary schools for employment as forestry-related professionals in BIA, an Indian tribe, or a tribal forestry-related enterprise. Requires the Secretary to provide financial assistance to students who: (1) are enrolled in a course of study at an educational institution with which the Secretary has entered into a cooperative agreement; and (2) are interested in a career with such entities in Indian forest land management. Directs such students to enter into an agreement obligating them to serve as forestry-related professionals with such entities for each year of education for which they received financial assistance.

Authorizes the Secretary to grant forestry scholarships to Indians and Alaska Native students who are enrolled full-time in accredited programs for post-secondary and graduate forestry-related studies. Requires scholarship recipients to enter into an obligated service agreement under which they agree to accept a year's employment for each year they received a scholarship with: (1) BIA; (2) a forestry program conducted under a contract, grant, or cooperative agreement pursuant to the Indian Self-Determination Act; (3) an Indian enterprise engaged in a forestry-related business; or (4) an Indian tribe's forestry-related program.

Directs the Secretary, through BIA, to conduct a forestry education outreach program for Indian and Alaska Native youth.

Requires the Secretary to administer the programs under this title until a sufficient number of Indians and Alaska Natives are trained to ensure that there is an adequate number of qualified, professional Indian foresters to manage BIA forestry programs and forestry programs maintained by or for Indian tribes.

Directs the Secretary to establish a program to attract Indian and Alaska Native professional foresters and forester technicians for employment in BIA or tribal forestry programs. Provides for the employment of such individuals in exchange for the Secretary's assumption of their outstanding student loans.

Requires the Secretary to maintain programs for: (1) cooperative internships of Federal, Indian, and Alaska Native forestry personnel; and (2) the continuing education and training of BIA, Alaska Native, and Indian forestry personnel.

Authorizes the Secretary to enter into cooperative agreements with Indian tribes to: (1) engage in cooperative manpower and job training and development programs; (2) publish cooperative environmental education and natural resource planning materials; and (3) perform land and facility improvements and activities related to land and natural resource management.

Provides for the repayment of financial assistance to the Secretary if an individual fails to accept a reasonable offer of employment in fulfillment of obligated service or terminates or fails to perform the duties of such service.

Title IV: Authorization of Appropriations - Authorizes appropriations.

Title V: Miscellaneous - Sets forth administrative provisions concerning regulations, severability, and trust responsibility toward Indian forest lands.