§ 3631 TITLE 25—INDIANS Page 688

this section among the Bureau, Office, tribal

governments and Courts of Indian Offenses, the

Secretary shall take such actions as may be necessary to ensure that such allocation is carried

out in a manner that is fair and equitable to all

tribal governments and is proportionate to base

support funding under section 3613 of this title

received by the Bureau, Office, tribal governments, and Courts of Indian Offenses.

(h) No offset

No Federal agency shall offset funds made

available pursuant to this chapter for tribal justice systems against other funds otherwise

available for use in connection with tribal justice systems.

(Pub. L. 103–176, title II, §201, Dec. 3, 1993, 107

Stat. 2009.)

SUBCHAPTER III—DISCLAIMERS

§ 3631. Tribal authority

Nothing in this chapter shall be construed to—

(1) encroach upon or diminish in any way the

inherent sovereign authority of each tribal

government to determine the role of the tribal

justice system within the tribal government

or to enact and enforce tribal laws;

(2) diminish in any way the authority of

tribal governments to appoint personnel;

(3) impair the rights of each tribal government to determine the nature of its own legal

system or the appointment of authority within the tribal government;

(4) alter in any way any tribal traditional

dispute resolution forum;

(5) imply that any tribal justice system is an

instrumentality of the United States; or

(6) diminish the trust responsibility of the

United States to Indian tribal governments

and tribal justice systems of such governments.

(Pub. L. 103–176, title III, §301, Dec. 3, 1993, 107

Stat. 2009.)

CHAPTER 39—AMERICAN INDIAN

AGRICULTURAL RESOURCE MANAGEMENT

Sec.

3701. Findings.

3702. Purposes.

3703. Definitions.

SUBCHAPTER I—RANGELAND AND FARMLAND

ENHANCEMENT

3711. Management of Indian rangelands and farmlands.

(a) Management objectives.

(b) Indian agricultural resource management planning program.

3712. Indian participation in land management activities.

(a) Tribal recognition.

(b) Tribal laws.

(c) Waiver of regulations.

(d) Sovereign immunity.

3713. Indian agricultural lands trespass.

(a) Civil penalties; regulations.

(b) Treatment of proceeds.

(c) Concurrent jurisdiction.

3714. Assessment of Indian agricultural management programs.

(a) Assessment.

(b) Purposes.

Sec.

(c) Implementation.

3715. Leasing of Indian agricultural lands.

(a) Authority of Secretary.

(b) Authority of tribe.

(c) Rights of individual landowners.

SUBCHAPTER II—EDUCATION IN AGRICULTURE

MANAGEMENT

3731. Indian and Alaska Native agriculture management education assistance programs.

(a) Agricultural resources intern program.

(b) Cooperative education program.

(c) Scholarship program.

(d) Educational outreach.

(e) Adequacy of programs.

3732. Postgraduation recruitment, education and

training programs.

(a) Assumption of loans.

(b) Postgraduate intergovernmental internships.

(c) Continuing education and training.

3733. Cooperative agreement between Department

of the Interior and Indian tribes.

(a) Cooperative agreements.

(b) Supervision.

(c) Savings clause.

3734. Obligated service; breach of contract.

(a) Obligated service.

(b) Breach of contract; repayment.

SUBCHAPTER III—GENERAL PROVISIONS

3741. Regulations.

3742. Trust responsibility.

3743. Severability.

3744. Federal, State and local authority.

(a) Disclaimer.

(b) Duplication of services.

3745. Authorization of appropriations.

(a) General authorization.

(b) Funding source.

3746. Tribal immunity.

§ 3701. Findings

The Congress finds and declares that—

(1) the United States and Indian tribes have

a government to government relationship;

(2) the United States has a trust responsibility to protect, conserve, utilize, and manage

Indian agricultural lands consistent with its

fiduciary obligation and its unique relationship with Indian tribes;

(3) Indian agricultural lands are renewable

and manageable natural resources which are

vital to the economic, social, and cultural welfare of many Indian tribes and their members;

and

(4) development and management of Indian

agricultural lands in accordance with integrated resource management plans will ensure

proper management of Indian agricultural

lands and will produce increased economic returns, enhance Indian self-determination, promote employment opportunities, and improve

the social and economic well-being of Indian

and surrounding communities.

(Pub. L. 103–177, §2, Dec. 3, 1993, 107 Stat. 2011.)

SHORT TITLE

Section 1 of Pub. L. 103–177 provided that: ‘‘This Act

[enacting this chapter] may be cited as the ‘American

Indian Agricultural Resource Management Act’.’’

§ 3702. Purposes

The purposes of this chapter are to—
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;