25 U.S.C. § 5614 Forest Land Management and Surface Leasing Activities

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(a) Definitions

In this section:

(1) Forest land management activity

The term "forest land management activity" means any activity described in section 304(4) of the National Indian Forest Resources Management Act ( 25 U.S.C. 3103(4) ).

(2) Interested party

The term "interested party" means an Indian or non-Indian individual, entity, or government the interests of which could be adversely affected by a tribal trust land leasing decision made by an applicable Indian tribe.

(3) Surface leasing transaction

The term "surface leasing transaction" means a residential, business, agricultural, or wind or solar resource lease of land the title to which is held-

(A) in trust by the United States for the benefit of an Indian tribe; or

(B) in fee by an Indian tribe, subject to restrictions against alienation under Federal law.

(b) Approval by Secretary

The Secretary may approve an Indian trust asset management plan that includes a provision authorizing the Indian tribe to enter into, approve, and carry out a surface leasing transaction or forest land management activity without approval of the Secretary, regardless of whether the surface leasing transaction or forest land management activity would require such an approval under otherwise applicable law (including regulations), if-

(1) the resolution or other action of the governing body of the Indian tribe referred to in section 5612(c)(2)(A) of this title expressly authorizes the inclusion of the provision in the Indian trust asset management plan; and

(2) the Indian tribe has adopted regulations expressly incorporated by reference into the Indian trust asset management plan that-

(A) with respect to a surface leasing transaction-

(i) have been approved by the Secretary pursuant to subsection (h)(4) of section 415 of this title; or

(ii) have not yet been approved by the Secretary in accordance with clause (i), but that the Secretary determines at or prior to the time of approval under this paragraph meet the requirements of subsection (h)(3) of section 415 of this title; or

(B) with respect to forest land management activities, the Secretary determines-

(i) are consistent with the regulations of the Secretary adopted under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq.); and

(ii) provide for an environmental review process that includes-

(I) the identification and evaluation of any significant effects of the proposed action on the environment; and