---
kind: "section"
citation: "25 U.S.C. § 5614"
title: "25"
title_heading: "Indians"
number: "5614"
heading: "Forest land management and surface leasing activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5614"
units:
  - "Chapter 48 — Indian Trust Asset Reform"
  - "Subchapter II — Indian Trust Asset Management Demonstration Project"
---

# §5614. Forest land management and surface leasing activities

- (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)](/usc/25/3103.md?p=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](/usc/25/5611.md?p=1).
  - (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](/usc/25/5611.md?p=1); or
    - (B) in fee by an [Indian tribe](/usc/25/5611.md?p=1), subject to restrictions against alienation under Federal law.
- (b) **Approval by Secretary—** The [Secretary](/usc/25/5611.md?p=3) may approve an Indian trust asset management plan that includes a provision authorizing the [Indian tribe](/usc/25/5611.md?p=1) to enter into, approve, and carry out a surface leasing transaction or forest land management activity without approval of the [Secretary](/usc/25/5611.md?p=3), 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](/usc/25/5611.md?p=1) referred to in [section 5612(c)(2)(A) of this title](/usc/25/5612.md?p=c-2-A) expressly authorizes the inclusion of the provision in the Indian trust asset management plan; and
  - (2) the [Indian tribe](/usc/25/5611.md?p=1) 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](/usc/25/5611.md?p=3) pursuant to subsection (h)(4) of [section 415 of this title](/usc/25/415.md); or
      - (ii) have not yet been approved by the [Secretary](/usc/25/5611.md?p=3) in accordance with [clause (i)](#b-2-A-i), but that the [Secretary](/usc/25/5611.md?p=3) 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](/usc/25/415.md); or
    - (B) with respect to forest land management activities, the [Secretary](/usc/25/5611.md?p=3) determines—
      - (i) are consistent with the regulations of the [Secretary](/usc/25/5611.md?p=3) adopted under the National Indian Forest Resources Management Act ([25 U.S.C. 3101](/usc/25/3101.md) 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
        - (II) a process consistent with the regulations referred to in [clause (i)](#b-2-B-i) for ensuring that—
          - (aa) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed forest land management activity identified by the [Indian tribe](/usc/25/5611.md?p=1); and
          - (bb) the [Indian tribe](/usc/25/5611.md?p=1) provides responses to relevant and substantive public comments on any such impacts before the [Indian tribe](/usc/25/5611.md?p=1) approves the forest land management activity.
- (c) **Types of transactions—**
  - (1) **In general—** At the discretion of the [Indian tribe](/usc/25/5611.md?p=1), an Indian trust asset management plan may authorize the [Indian tribe](/usc/25/5611.md?p=1) to carry out a surface leasing transaction, a forest land management activity, or both.
  - (2) **Selection of specific transactions and activities—** At the discretion of the [Indian tribe](/usc/25/5611.md?p=1), the [Indian tribe](/usc/25/5611.md?p=1) may include in the integrated resource management plan any 1 or more of the transactions and activities authorized to be included in the plan under [subsection (b)](#b).
- (d) **Technical assistance—**
  - (1) **In general—** The [Secretary](/usc/25/5611.md?p=3) may provide technical assistance, on request of an [Indian tribe](/usc/25/5611.md?p=1), for development of a regulatory environmental review process required under [subsection (b)(2)(B)(ii)](#b-2-B-ii).
  - (2) **Indian Self-Determination and Education Assistance Act—** The technical assistance to be provided by the [Secretary](/usc/25/5611.md?p=3) pursuant to [paragraph (1)](#d-1) may be made available through contracts, grants, or agreements entered into in accordance with, and made available to entities eligible for, contracts, grants, or agreements under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](/usc/25/450.md) et seq.).[^1]
- (e) **Federal environmental review—** Notwithstanding [subsection (b)](#b), if an [Indian tribe](/usc/25/5611.md?p=1) carries out a [project](/usc/25/5611.md?p=2) or activity funded by a Federal agency, the [Indian tribe](/usc/25/5611.md?p=1) shall have the authority to rely on the environmental review process of the applicable Federal agency, rather than any tribal environmental review process under this section.
- (f) **Documentation—** If an [Indian tribe](/usc/25/5611.md?p=1) executes a surface leasing transaction or forest land management activity, pursuant to tribal regulations under [subsection (b)(2)](#b-2), the [Indian tribe](/usc/25/5611.md?p=1) shall provide to the [Secretary](/usc/25/5611.md?p=3)[^2]
  - (1) a copy of the surface leasing transaction or forest land management activity documents, including any amendments to, or renewals of, the applicable transaction; and
  - (2) in the case of tribal regulations, a surface leasing transaction, or forest land management activities that allow payments to be made directly to the [Indian tribe](/usc/25/5611.md?p=1), documentation of the payments that is sufficient to enable the [Secretary](/usc/25/5611.md?p=3) to discharge the trust responsibility of the United States under [subsection (g)](#g).
- (g) **Trust responsibility—**
  - (1) **In general—** The United States shall not be liable for losses sustained—
    - (A) by an [Indian tribe](/usc/25/5611.md?p=1) as a result of the execution of any forest land management activity pursuant to tribal regulations under [subsection (b)](#b); or
    - (B) by any party to a lease executed pursuant to tribal regulations under [subsection (b)](#b).
  - (2) **Authority of Secretary—** Pursuant to the authority of the [Secretary](/usc/25/5611.md?p=3) to fulfill the trust obligation of the United States to [Indian tribes](/usc/25/5611.md?p=1) under Federal law (including regulations), the [Secretary](/usc/25/5611.md?p=3) may, on reasonable notice from the applicable [Indian tribe](/usc/25/5611.md?p=1) and at the discretion of the [Secretary](/usc/25/5611.md?p=3), enforce the provisions of, or cancel, any lease executed by the [Indian tribe](/usc/25/5611.md?p=1) under this section.
- (h) **Compliance—**
  - (1) **In general—** An interested party, after exhausting any applicable tribal remedies, may submit to the [Secretary](/usc/25/5611.md?p=3) a petition, at such time and in such form as the [Secretary](/usc/25/5611.md?p=3) determines to be appropriate, to review the compliance of an applicable [Indian tribe](/usc/25/5611.md?p=1) with any tribal regulations approved by the [Secretary](/usc/25/5611.md?p=3) under this subsection.
  - (2) **Violations—** If the [Secretary](/usc/25/5611.md?p=3) determines under [paragraph (1)](#h-1) that a violation of tribal regulations has occurred, the [Secretary](/usc/25/5611.md?p=3) may take any action the [Secretary](/usc/25/5611.md?p=3) determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases of tribal trust land.
  - (3) **Documentation—** If the [Secretary](/usc/25/5611.md?p=3) determines under [paragraph (1)](#h-1) that a violation of tribal regulations has occurred and a remedy is necessary, the [Secretary](/usc/25/5611.md?p=3) shall—
    - (A) make a written determination with respect to the regulations that have been violated;
    - (B) provide to the applicable [Indian tribe](/usc/25/5611.md?p=1) a written notice of the alleged violation, together with the written determination; and
    - (C) prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of the trust asset transaction approval responsibilities, provide to the applicable [Indian tribe](/usc/25/5611.md?p=1)—
      - (i) a hearing on the record; and
      - (ii) a reasonable opportunity to cure the alleged violation.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be followed by a dash.

## Source credit

(Pub. L. 114–178, title II, § 205, June 22, 2016, 130 Stat. 436.)

## Notes

### Editorial Notes

### References in Text

The National Indian Forest Resources Management Act, referred to in subsec. (b)(2)(B)(i), is title III of Pub. L. 101–630, Nov. 28, 1990, 104 Stat. 4532, which is classified generally to chapter 33 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.