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
§ 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