3.25.130 Natural Resource Damages

In the case of an injury to, destruction of, or loss of natural resources that cannot be restored to pre-release conditions, the responsible party shall be liable to the Tribe for natural resources belonging to, managed by, controlled by, or appertaining to the Tribe, or held in trust for the benefit of the Tribe, or belonging to a member of the Tribe if such resources are subject to a trust restriction on alienation. The department shall act on behalf of the Tribe as trustee of such natural resources to recover for such damages. Sums recovered by the department as trustee, which shall include attorney's fees and litigation costs and the costs of assessment, shall be used to restore, replace, or acquire the equivalent of such natural resources.