Page 689 TITLE 25—INDIANS § 3703

(1) carry out the trust responsibility of the

United States and promote the self-determination of Indian tribes by providing for the management of Indian agricultural lands and related renewable resources in a manner consistent with identified tribal goals and priorities

for conservation, multiple use, and sustained

yield;

(2) authorize the Secretary to take part in

the management of Indian agricultural lands,

with the participation of the beneficial owners

of the land, in a manner consistent with the

trust responsibility of the Secretary and with

the objectives of the beneficial owners;

(3) provide for the development and management of Indian agricultural lands; and

(4) increase the educational and training opportunities available to Indian people and

communities in the practical, technical, and

professional aspects of agriculture and land

management to improve the expertise and

technical abilities of Indian tribes and their

members.

(Pub. L. 103–177, §3, Dec. 3, 1993, 107 Stat. 2011.)

§ 3703. Definitions

For the purposes of this chapter:

(1) The term ‘‘Indian agricultural lands’’

means Indian land, including farmland and

rangeland, but excluding Indian forest land,

that is used for the production of agricultural

products, and Indian lands occupied by industries that support the agricultural community, regardless of whether a formal inspection

and land classification has been conducted.

(2) The term ‘‘agricultural product’’ means—

(A) crops grown under cultivated conditions whether used for personal consumption, subsistence, or sold for commercial

benefit;

(B) domestic livestock, including cattle,

sheep, goats, horses, buffalo, swine, reindeer,

fowl, or other animal specifically raised and

utilized for food or fiber or as beast of burden;

(C) forage, hay, fodder, feed grains, crop

residues and other items grown or harvested

for the feeding and care of livestock, sold for

commercial profit, or used for other purposes; and

(D) other marketable or traditionally used

materials authorized for removal from Indian agricultural lands.

(3) The term ‘‘agricultural resource’’

means—

(A) all the primary means of production,

including the land, soil, water, air, plant

communities, watersheds, human resources,

natural and physical attributes, and manmade developments, which together comprise the agricultural community; and

(B) all the benefits derived from Indian agricultural lands and enterprises, including

cultivated and gathered food products, fibers, horticultural products, dyes, cultural

or religious condiments, medicines, water,

aesthetic, and other traditional values of agriculture.

(4) The term ‘‘agricultural resource management plan’’ means a plan developed under section 3711(b) of this title.

(5) The term ‘‘Bureau’’ means the Bureau of

Indian Affairs of the Department of the Interior.

(6) The term ‘‘farmland’’ means Indian land

excluding Indian forest land that is used for

production of food, feed, fiber, forage and seed

oil crops, or other agricultural products, and

may be either dryland, irrigated, or irrigated

pasture.

(7) The term ‘‘Indian forest land’’ means forest land as defined in section 3103(3) of this

title.

(8) The term ‘‘Indian’’ means an individual

who is a member of an Indian tribe.

(9) The term ‘‘Indian land’’ means land that

is—

(A) held in trust by the United States for

an Indian tribe; or

(B) owned by an Indian or Indian tribe and

is subject to restrictions against alienation.

(10) The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, pueblo, or other organized group or community, including any

Alaska Native village or regional corporation

as defined in or established pursuant to the

Alaska Native Claims Settlement Act (43

U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services

provided by the United States to Indians because of their status as Indians.

(11) The term ‘‘integrated resource management plan’’ means the plan developed pursuant to the process used by tribal governments

to assess available resources and to provide

identified holistic management objectives

that include quality of life, production goals

and landscape descriptions of all designated

resources that may include (but not be limited

to) water, fish, wildlife, forestry, agriculture,

minerals, and recreation, as well as community and municipal resources, and may include

any previously adopted tribal codes and plans

related to such resources.

(12) The term ‘‘land management activity’’

means all activities, accomplished in support

of the management of Indian agricultural

lands, including (but not limited to)—

(A) preparation of soil and range inventories, farmland and rangeland management

plans, and monitoring programs to evaluate

management plans;

(B) agricultural lands and on-farm irrigation delivery system development, and the

application of state of the art, soil and range

conservation management techniques to restore and ensure the productive potential of

Indian lands;

(C) protection against agricultural pests,

including development, implementation, and

evaluation of integrated pest management

programs to control noxious weeds, undesirable vegetation, and vertebrate or invertebrate agricultural pests;

(D) administration and supervision of agricultural leasing and permitting activities,

including determination of proper land use,

carrying capacities, and proper stocking

rates of livestock, appraisal, advertisement,

negotiation, contract preparation, collecting, recording, and distributing lease rental

receipts;
§ 3711 TITLE 25—INDIANS Page 690

(E) technical assistance to individuals and

tribes engaged in agricultural production or

agribusiness; and

(F) educational assistance in agriculture,

natural resources, land management and related fields of study, including direct assistance to tribally-controlled community colleges in developing and implementing curriculum for vocational, technical, and professional course work.

(13) The term ‘‘Indian landowner’’ means the

Indian or Indian tribe that—

(A) owns such Indian land, or

(B) is the beneficiary of the trust under

which such Indian land is held by the United

States.

(14) The term ‘‘rangeland’’ means Indian

land, excluding Indian forest land, on which

the native vegetation is predominantly

grasses, grass-like plants, forbs, half-shrubs or

shrubs suitable for grazing or browsing use,

and includes lands revegetated naturally or

artificially to provide a forage cover that is

managed as native vegetation.

(15) The term ‘‘Secretary’’ means the Secretary of the Interior.

(Pub. L. 103–177, §4, Dec. 3, 1993, 107 Stat. 2012.)

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred

to in par. (10), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.

688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short

Title note set out under section 1601 of Title 43 and

Tables.

SUBCHAPTER I—RANGELAND AND

FARMLAND ENHANCEMENT

§ 3711. Management of Indian rangelands and

farmlands

(a) Management objectives

Consistent with the provisions of the Indian

Self-Determination and Education Assistance

Act [25 U.S.C. 450 et seq.], the Secretary shall

provide for the management of Indian agricultural lands to achieve the following objectives:

(1) To protect, conserve, utilize, and maintain the highest productive potential on Indian agricultural lands through the application of sound conservation practices and techniques. These practices and techniques shall

be applied to planning, development, inventorying, classification, and management of

agricultural resources.

(2) To increase production and expand the diversity and availability of agricultural products for subsistence, income, and employment

of Indians and Alaska Natives, through the development of agricultural resources on Indian

lands.

(3) To manage agricultural resources consistent with integrated resource management

plans in order to protect and maintain other

values such as wildlife, fisheries, cultural resources, recreation and to regulate water runoff and minimize soil erosion.

(4) To enable Indian farmers and ranchers to

maximize the potential benefits available to

them through their land by providing technical assistance, training, and education in

conservation practices, management and economics of agribusiness, sources and use of

credit and marketing of agricultural products,

and other applicable subject areas.

(5) To develop Indian agricultural lands and

associated value-added industries of Indians

and Indian tribes to promote self-sustaining

communities.

(6) To assist trust and restricted Indian landowners in leasing their agricultural lands for a

reasonable annual return, consistent with prudent management and conservation practices,

and community goals as expressed in the tribal management plans and appropriate tribal

ordinances.

(b) Indian agricultural resource management

planning program

(1) To meet the management objectives of this

section, a 10-year Indian agriculture resource

management and monitoring plan shall be developed and implemented as follows:

(A) Pursuant to a self-determination contract or self-governance compact, an Indian

tribe may develop or implement an Indian agriculture resource plan. Subject to the provisions of subparagraph (C), the tribe shall have

broad discretion in designing and carrying out

the planning process.

(B) If a tribe chooses not to contract the development or implementation of the plan, the

Secretary shall develop or implement, as appropriate, the plan in close consultation with

the affected tribe.

(C) Whether developed directly by the tribe

or by the Secretary, the plan shall—

(i) determine available agriculture resources;

(ii) identify specific tribal agricultural resource goals and objectives;

(iii) establish management objectives for

the resources;

(iv) define critical values of the Indian

tribe and its members and provide identified

holistic management objectives;

(v) identify actions to be taken to reach

established objectives;

(vi) be developed through public meetings;

(vii) use the public meeting records, existing survey documents, reports, and other research from Federal agencies, tribal community colleges, and land grant universities;

and

(viii) be completed within three years of

the initiation of activity to establish the

plan.

(2) Indian agriculture resource management

plans developed and approved under this section

shall govern the management and administration of Indian agricultural resources and Indian

agricultural lands by the Bureau and the Indian

tribal government.

(Pub. L. 103–177, title I, §101, Dec. 3, 1993, 107

Stat. 2014.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), is Pub. L. 93–638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classi-