25 C.F.R. § 163.11

Forest management planning and sustained yield management

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(a) To further the objectives identified in § 163.3 of this part, an appropriate forest management plan shall be prepared and revised as needed for all Indian forest lands. Such documents shall contain a statement describing the manner in which the policies of the tribe and the Secretary will be applied, with a definite plan of silvicultural management, analysis of the short term and long term effects of the plan, and a program of action, including a harvest schedule, for a specified period in the future. Forest management plans shall be based on the principle of sustained yield management and objectives established by the tribe and will require approval of the Secretary.

(b) Forest management planning for Indian forest land shall be carried out through participation in the development and implementation of integrated resource management plans which provide coordination for the comprehensive management of all natural resources on Indian land. If the integrated resource management planning process has not been initiated, or is not ongoing or completed, a stand-alone forest management plan will be prepared.

(c) The harvest of forest products from Indian forest land will be accomplished under the principles of sustained yield management and will not be authorized until practical methods of harvest based on sound economic and silvicultural and other forest management principles have been prescribed. Harvest schedules will be prepared for a specified period of time and updated annually. Such schedules shall support the objectives of the beneficial land owners and the Secretary and shall be directed toward achieving an approximate balance between net growth and harvest at the earliest practical time.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2001–2021 · leading case: Marlys Bear Med. v. United States ex rel. Sec'y of the Dep't of Interior, 241 F.3d 1208 (9th Cir. 2001).

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Marlys Bear Med. v. United States ex rel. Sec'y of the Dep't of Interior, 241 F.3d 1208 (9th Cir. 2001). “§ 324 (limiting the BIA’s ability to grant right-of-ways across Indian lands without the owner or tribe’s permission); 25 C.F.R. § 163.11 (c) (requiring the prescription of “sound economic and silvicultural and other forest management principles” before contract authorization),…”

Confederated Tribes & Bands of the Yakama Nation v. United States (Fed. Cl. 2021). “§ 3104 (b)(1), 25 C.F.R. § 163.11 ). The government, therefore, has a fiduciary duty to adhere to the 2005 FMP.”

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