---
kind: "section"
citation: "25 U.S.C. § 3106"
title: "25"
title_heading: "Indians"
number: "3106"
heading: "Forest trespass"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3106"
units:
  - "Chapter 33 — National Indian Forest Resources Management"
---

# §3106. Forest trespass

- (a) **Civil penalties; regulations—** Not later than 18 months from November 28, 1990, the [Secretary](/usc/25/3103.md?p=13) shall issue regulations that—
  - (1) establish civil penalties for the commission of [forest trespass](/usc/25/3103.md?p=8) 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](/usc/25/3103.md?p=3) 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](/usc/25/3103.md?p=8); 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](/usc/25/3103.md?p=6) from the [Indian forest lands](/usc/25/3103.md?p=3) upon which such trespass occurred.
- (c) **Concurrent jurisdiction—** [Indian tribes](/usc/25/5130.md?p=2) which adopt the regulations promulgated by the [Secretary](/usc/25/3103.md?p=13) pursuant to [subsection (a)](#a) shall have concurrent civil jurisdiction to enforce the provisions of this section and the regulation promulgated thereunder. The Bureau of [Indian](/usc/25/3103.md?p=9) Affairs and other agencies of the Federal Government shall, at the request of the tribe, defer to tribal prosecutions of [forest trespass](/usc/25/3103.md?p=8) cases. Tribal court judgments regarding [forest trespass](/usc/25/3103.md?p=8) 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.

## Source credit

(Pub. L. 101–630, title III, § 307, Nov. 28, 1990, 104 Stat. 4537.)