§ 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-
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