Page 691 TITLE 25—INDIANS § 3714

fied principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3703, 3712 of this

title.

§ 3712. Indian participation in land management

activities

(a) Tribal recognition

The Secretary shall conduct all land management activities on Indian agricultural land in

accordance with goals and objectives set forth in

the approved agricultural resource management

plan, in an integrated resource management

plan, and in accordance with all tribal laws and

ordinances, except in specific instances where

such compliance would be contrary to the trust

responsibility of the United States.

(b) Tribal laws

Unless otherwise prohibited by Federal law,

the Secretary shall comply with tribal laws and

ordinances pertaining to Indian agricultural

lands, including laws regulating the environment and historic or cultural preservation, and

laws or ordinances adopted by the tribal government to regulate land use or other activities

under tribal jurisdiction. The Secretary shall—

(1) provide assistance in the enforcement of

such tribal laws;

(2) provide notice of such laws to persons or

entities undertaking activities on Indian agricultural lands; and

(3) upon the request of an Indian tribe, require appropriate Federal officials to appear in

tribal forums.

(c) Waiver of regulations

In any case in which a regulation or administrative policy of the Department of the Interior

conflicts with the objectives of the agricultural

resource management plan provided for in section 3711 of this title, or with a tribal law, the

Secretary may waive the application of such

regulation or administrative policy unless such

waiver would constitute a violation of a Federal

statute or judicial decision or would conflict

with his general trust responsibility under Federal law.

(d) Sovereign immunity

This section does not constitute a waiver of

the sovereign immunity of the United States,

nor does it authorize tribal justice systems to

review actions of the Secretary.

(Pub. L. 103–177, title I, §102, Dec. 3, 1993, 107

Stat. 2015.)

§ 3713. Indian agricultural lands trespass

(a) Civil penalties; regulations

Not later than one year after December 3, 1993,

the Secretary shall issue regulations that—

(1) establish civil penalties for the commission of trespass on Indian agricultural lands,

which provide for—

(A) collection of the value of the products

illegally used or removed plus a penalty of

double their values;

(B) collection of the costs associated with

damage to the Indian agricultural lands

caused by the act of trespass; and

(C) collection of the costs associated with

enforcement of the regulations, including

field examination and survey, damage appraisal, investigation assistance and reports,

witness expenses, demand letters, court

costs, and attorney fees;

(2) designate responsibility within the Department of the Interior for the detection and

investigation of Indian agricultural lands trespass; and

(3) set forth responsibilities and procedures

for the assessment and collection of civil penalties.

(b) Treatment of proceeds

The proceeds of civil penalties collected under

this section shall be treated as proceeds from

the sale of agricultural products from the Indian

agricultural lands upon which such trespass occurred.

(c) Concurrent jurisdiction

Indian tribes which adopt the regulations promulgated by the Secretary pursuant to subsection (a) of this section shall have concurrent

jurisdiction with the United States to enforce

the provisions of this section and the regulations promulgated thereunder. The Bureau and

other agencies of the Federal Government shall,

at the request of the tribal government, defer to

tribal prosecutions of Indian agricultural land

trespass cases. Tribal court judgments regarding

agricultural trespass shall be entitled to full

faith and credit in Federal and State courts to

the same extent as a Federal court judgment obtained under this section. Nothing in this chapter shall be construed to diminish the sovereign

authority of Indian tribes with respect to trespass.

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

Stat. 2015.)

§ 3714. Assessment of Indian agricultural management programs

(a) Assessment

Within six months after December 3, 1993, the

Secretary, in consultation with affected Indian

tribes, shall enter into a contract with a nonFederal entity knowledgeable in agricultural

management on Federal and private lands to

conduct an independent assessment of Indian agricultural land management and practices. Such

assessment shall be national in scope and shall

include a comparative analysis of Federal investment and management efforts for Indian

trust and restricted agricultural lands as compared to federally-owned lands managed by

other Federal agencies or instrumentalities and

as compared to federally-served private lands.

(b) Purposes

The purposes of the assessment shall be—

(1) to establish a comprehensive assessment

of the improvement, funding, and development

needs for all Indian agricultural lands;

(2) to establish a comparison of management

and funding provided to comparable lands