§ 3715 TITLE 25—INDIANS Page 692

owned or managed by the Federal Government

through Federal agencies other than the Bureau; and

(3) to identify any obstacles to Indian access

to Federal or private programs relating to agriculture or related rural development programs generally available to the public at

large.

(c) Implementation

Within one year after December 3, 1993, the

Secretary shall provide the Subcommittee on

Native American Affairs of the Committee on

Natural Resources of the House of Representatives and the Committee on Indian Affairs of the

Senate with a status report on the development

of the comparative analysis required by this section and shall file a final report with the Congress not later than 18 months after December 3,

1993.

(Pub. L. 103–177, title I, §104, Dec. 3, 1993, 107

Stat. 2016.)

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress. Subcommittee on Native American Affairs changed to Subcommittee on Native American and Insular Affairs.

§ 3715. Leasing of Indian agricultural lands

(a) Authority of Secretary

The Secretary is authorized to—

(1) approve any agricultural lease or permit

with (A) a tenure of up to 10 years, or (B) a

tenure longer than 10 years but not to exceed

25 years unless authorized by other Federal

law, when such longer tenure is determined by

the Secretary to be in the best interest of the

Indian landowners and when such lease or permit requires substantial investment in the development of the lands or crops by the lessee;

and

(2) lease or permit agricultural lands to the

highest responsible bidder at rates less than

the Federal appraisal after satisfactorily advertising such lands for lease, when, in the

opinion of the Secretary, such action would be

in the best interest of the Indian landowner.

(b) Authority of tribe

When authorized by an appropriate tribal resolution establishing a general policy for leasing

of Indian agricultural lands, the Secretary—

(1) shall provide a preference to Indian operators in the issuance and renewal of agricultural leases and permits so long as the lessor

receives fair market value for his property;

(2) shall waive or modify the requirement

that a lessee post a surety or performance

bond on agricultural leases and permits issued

by the Secretary;

(3) shall provide for posting of other collateral or security in lieu of surety or other

bonds;

(4) when such tribal resolution sets forth a

tribal definition of what constitutes ‘‘highly

fractionated undivided heirship lands’’ and

adopts an alternative plan for providing notice

to owners, may waive or modify any general

notice requirement of Federal law and proceed

to negotiate and lease or permit such highly

fractionated undivided interest heirship lands

in conformity with tribal law in order to prevent waste, reduce idle land acreage, and ensure income; and

(5) shall approve leases and permits of tribally owned agricultural lands at rates determined by the tribal governing body.

(c) Rights of individual landowners

(1) Nothing in this section shall be construed

as limiting or altering the authority or right of

an individual allottee or Indian tribe in the

legal or beneficial use of his, her, or its own land

or to enter into an agricultural lease of the surface interest of his, her, or its allotment or land

under any other provision of law.

(2)(A) The owners of a majority interest in any

trust or restricted land are authorized to enter

into an agricultural lease of the surface interest

of a trust or restricted allotment, and such lease

shall be binding upon the owners of the minority

interests in such land if the terms of the lease

provide such minority interests with not less

than fair market value for such land.

(B) For the purposes of subparagraph (A), a

majority interest in trust or restricted land is

an interest greater than 50 percent of the legal

or beneficial title.

(3) The provisions of subsection (b) of this section shall not apply to a parcel of trust or restricted land if the owners of at least 50 percent

of the legal or beneficial interest in such land

file with the Secretary a written objection to

the application of all or any part of such tribal

rules to the leasing of such parcel of land.

(Pub. L. 103–177, title I, §105, Dec. 3, 1993, 107

Stat. 2017; Pub. L. 103–435, §12(a), Nov. 2, 1994, 108

Stat. 4572.)

AMENDMENTS

1994—Subsec. (b)(5). Pub. L. 103–435, §12(a)(1), added

par. (5).

Subsec. (c)(1). Pub. L. 103–435, §12(a)(2), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ‘‘Nothing in this section shall be construed as

limiting or altering the authority or right of an individual allottee in the legal or beneficial use of his or

her own land or to enter into an agricultural lease of

the surface interest of his or her allotment under any

other provision of law.’’

SUBCHAPTER II—EDUCATION IN

AGRICULTURE MANAGEMENT

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3745 of this

title.

§ 3731. Indian and Alaska Native agriculture

management education assistance programs

(a) Agricultural resources intern program

(1) Notwithstanding the provisions of title 5

governing appointments in the competitive service, the Secretary shall establish and maintain

in the Bureau or other appropriate office or bureau within the Department of the Interior at

least 20 agricultural resources intern positions

for Indian and Alaska Native students enrolled

in an agriculture study program. Such positions