H. R. 1425

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To improve the management, productivity, and use of Indian agricultural lands and

resources.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘American Indian Agricultural

Resource Management Act’’.

SEC. 2. 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.

SEC. 3. PURPOSES.

The purposes of this Act are to—

(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

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(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.

SEC. 4. DEFINITIONS.

For the purposes of this Act:

(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

man-made 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 101(b).

(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 304(3) of the National Indian Forest

Resources Management Act (25 U.S.C. 3103(3)).

(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.

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(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;

(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.

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(15) The term ‘‘Secretary’’ means the Secretary of the

Interior.

TITLE I—RANGELAND AND FARMLAND

ENHANCEMENT

SEC. 101. MANAGEMENT OF INDIAN RANGELANDS AND FARMLANDS.

(a) MANAGEMENT OBJECTIVES.—Consistent with the provisions

of the Indian Self-Determination and Education Assistance Act,

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-govern- ance 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;

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(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.

SEC. 102. 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 101, 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.

SEC. 103. INDIAN AGRICULTURAL LANDS TRESPASS.

(a) CIVIL PENALTIES; REGULATIONS.—Not later than one year

after the date of enactment of this Act, the Secretary shall issue

regulations that—

(1) establish civil penalties for the commission of trespass

on Indian agricultural lands, which provide for—

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(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) 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 Act shall be construed to diminish the

sovereign authority of Indian tribes with respect to trespass.

SEC. 104. ASSESSMENT OF INDIAN AGRICULTURAL MANAGEMENT

PROGRAMS.

(a) ASSESSMENT.—Within six months after the date of enactment of this Act, the Secretary, in consultation with affected Indian

tribes, shall enter into a contract with a non-Federal 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 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.

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(c) IMPLEMENTATION.—Within one year after the date of enactment of this Act, 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 the date of enactment of this Act.

SEC. 105. LEASING OF INDIAN AGRICULTURAL LANDS.

(a) AUTHORITY OF THE 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 THE 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; and

(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.

(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 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.

(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.

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(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) 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.

TITLE II—EDUCATION IN AGRICULTURE

MANAGEMENT

SEC. 201. INDIAN AND ALASKA NATIVE AGRICULTURE MANAGEMENT

EDUCATION ASSISTANCE PROGRAMS.

(a) AGRICULTURAL RESOURCES INTERN PROGRAM.—(1) Notwithstanding the provisions of title 5, United States Code, 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

shall be in addition to the forester intern positions authorized

in section 314(a) of the National Indian Forest Resources Management Act (25 U.S.C. 3113(a)).

(2) For purposes of this subsection— (A) the term ‘‘agricultural resources intern’’ means an Indian who—

(i) is attending an approved postsecondary school in a full-time agriculture or related field, and (ii) is appointed to one of the agricultural resources intern positions established under paragraph (1);

(B) the term ‘‘agricultural resources intern positions’’ means positions established pursuant to paragraph (1) for agricultural

resources interns; and

(C) the term ‘‘agriculture study program’’ includes (but is not limited to) agricultural engineering, agricultural

economics, animal husbandry, animal science, biological

sciences, geographic information systems, horticulture, range

management, soil science, and veterinary science.

(3) The Secretary shall pay, by reimbursement or otherwise, all costs for tuition, books, fees, and living expenses incurred by

an agricultural resources intern while attending an approved postsecondary or graduate school in a full-time agricultural study

program. (4) An agricultural resources intern shall be required to enter into an obligated service agreement with the Secretary to serve

as an employee in a professional agriculture or natural resources

position with the Department of the Interior or other Federal agency

or an Indian tribe for one year for each year of education for

which the Secretary pays the intern’s educational costs under paragraph (3).

(5) An agricultural resources intern shall be required to report

for service with the Bureau of Indian Affairs or other bureau

or agency sponsoring his internship, or to a designated work site,

during any break in attendance at school of more than 3 weeks

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faction of the intern’s obligated service agreement under paragraph

(4).

(b) COOPERATIVE EDUCATION PROGRAM.—(1) The Secretary shall

maintain, through the Bureau, a cooperative education program

for the purpose, among other things, of recruiting Indian and Alaska

Native students who are enrolled in secondary schools, tribally

controlled community colleges, and other postsecondary or graduate

schools, for employment in professional agricultural or related positions with the Bureau or other Federal agency providing Indian

agricultural or related services.

(2) The cooperative educational program under paragraph (1)

shall be modeled after, and shall have essentially the same features

as, the program in effect on the date of enactment of this Act

pursuant to chapter 308 of the Federal Personnel Manual of the

Office of Personnel Management.

(3) The cooperative educational program shall include, among

others, the following:

(A) The Secretary shall continue the established specific

programs in agriculture and natural resources education at

Southwestern Indian Polytechnic Institute (SIPI) and at Haskell Indian Junior College.

(B) The Secretary shall develop and maintain a cooperative

program with the tribally controlled community colleges to

coordinate course requirements, texts, and provide direct technical assistance so that a significant portion of the college

credits in both the Haskell and Southwestern Indian Polytechnic Institute programs can be met through local program

work at participating tribally controlled community colleges. (C) Working through tribally controlled community colleges

and in cooperation with land grant institutions, the Secretary

shall implement an informational and educational program to

provide practical training and assistance in creating or

maintaining a successful agricultural enterprise, assessing

sources of commercial credit, developing markets, and other

subjects of importance in agricultural pursuits. (D) Working through tribally controlled community colleges

and in cooperation with land grant institutions, the Secretary

shall implement research activities to improve the basis for

determining appropriate management measures to apply to

Indian agricultural management.

(4) Under the cooperative agreement program under paragraph (1), the Secretary shall pay, by reimbursement or otherwise, all

costs for tuition, books, and fees of an Indian student who—

(A) is enrolled in a course of study at an education institution with which the Secretary has entered into a cooperative

agreement; and

(B) is interested in a career with the Bureau, an Indian

tribe or a tribal enterprise in the management of Indian rangelands, farmlands, or other natural resource assets.

(5) A recipient of assistance under the cooperative education

program under this subsection shall be required to enter into an

obligated service agreement with the Secretary to serve as a professional in an agricultural resource related activity with the Bureau,

or other Federal agency providing agricultural or related services

to Indians or Indian tribes, or an Indian tribe for one year for

each year for which the Secretary pays the recipients educational

costs pursuant to paragraph (3).

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(c) SCHOLARSHIP PROGRAM.—(1) The Secretary may grant scholarships to Indians enrolled in accredited agriculture related programs for postsecondary and graduate programs of study as fulltime students.

(2) A recipient of a scholarship under paragraph (1) shall be

required to enter into an obligated service agreement with the

Secretary in which the recipient agrees to accept employment for

one year for each year the recipient received a scholarship, following

completion of the recipients course of study, with—

(A) the Bureau or other agency of the Federal Government

providing agriculture or natural resource related services to

Indians or Indian tribes;

(B) an agriculture or related program conducted under

a contract, grant, or cooperative agreement entered into under

the Indian Self-Determination and Education Assistance Act;

or

(C) a tribal agriculture or related program.

(3) The Secretary shall not deny scholarship assistance under

this subsection solely on the basis of an applicant’s scholastic

achievement if the applicant has been admitted to and remains

in good standing in an accredited post secondary or graduate

institution.

(d) EDUCATIONAL OUTREACH.—The Secretary shall conduct,

through the Bureau, and in consultation with other appropriate

local, State and Federal agencies, and in consultation and coordination with Indian tribes, an agricultural resource education outreach

program for Indian youth to explain and stimulate interest in

all aspects of management and careers in Indian agriculture and

natural resources.

(e) ADEQUACY OF PROGRAMS.—The Secretary shall administer

the programs described in this section until a sufficient number

of Indians are trained to ensure that there is an adequate number

of qualified, professional Indian agricultural resource managers to

manage the Bureau agricultural resource programs and programs

maintained by or for Indian tribes.

SEC. 202. POSTGRADUATION RECRUITMENT, EDUCATION AND TRAINING PROGRAMS.

(a) ASSUMPTION OF LOANS.—The Secretary shall establish and

maintain a program to attract Indian professionals who are graduates of a course of postsecondary or graduate education for employment in either the Bureau agriculture or related programs or,

subject to the approval of the tribe, in tribal agriculture or related

programs. According to such regulations as the Secretary may prescribe, such program shall provide for the employment of Indian

professionals in exchange for the assumption by the Secretary of

the outstanding student loans of the employee. The period of

employment shall be determined by the amount of the loan that

is assumed.

(b) POSTGRADUATE INTERGOVERNMENTAL INTERNSHIPS.—For the

purposes of training, skill development and orientation of Indian

and Federal agricultural management personnel, and the enhancement of tribal and Bureau agricultural resource programs, the

Secretary shall establish and actively conduct a program for the

cooperative internship of Federal and Indian agricultural resource

personnel. Such program shall—

(1) for agencies within the Department of the Interior—

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(A) provide for the internship of Bureau and Indian

agricultural resource employees in the agricultural resource

related programs of other agencies of the Department of

the Interior, and

(B) provide for the internship of agricultural resource

personnel from the other Department of the Interior agencies within the Bureau, and, with the consent of the tribe,

within tribal agricultural resource programs;

(2) for agencies not within the Department of the Interior,

provide, pursuant to an interagency agreement, internships

within the Bureau and, with the consent of the tribe, within

a tribal agricultural resource program of other agricultural

resource personnel of such agencies who are above their sixth

year of Federal service;

(3) provide for the continuation of salary and benefits for

participating Federal employees by their originating agency;

(4) provide for salaries and benefits of participating Indian

agricultural resource employees by the host agency; and

(5) provide for a bonus pay incentive at the conclusion

of the internship for any participant.

(c) CONTINUING EDUCATION AND TRAINING.—The Secretary

shall maintain a program within the Trust Services Division of

the Bureau for Indian agricultural resource personnel which shall

provide for—

(1) orientation training for Bureau agricultural resource

personnel in tribal-Federal relations and responsibilities;

(2) continuing technical agricultural resource education for

Bureau and Indian agricultural resource personnel; and (3) development training of Indian agricultural resource

personnel in agricultural resource based enterprises and

marketing.

SEC. 203. COOPERATIVE AGREEMENT BETWEEN THE DEPARTMENT

OF THE INTERIOR AND INDIAN TRIBES.

(a) COOPERATIVE AGREEMENTS.— (1)(A) To facilitate the administration of the programs and

activities of the Department of the Interior, the Secretary may

negotiate and enter into cooperative agreements with Indian

tribes to—

(i) engage in cooperative manpower and job training,

(ii) develop and publish cooperative agricultural education and resource planning materials, and (iii) perform land and facility improvements and other

activities related to land and natural resource management

and development.

(B) The Secretary may enter into these agreements when

the Secretary determines the interest of Indians and Indian

tribes will be benefited.

(2) In cooperative agreements entered into under paragraph

(1), the Secretary may advance or reimburse funds to contractors from any appropriated funds available for similar kinds

of work or by furnishing or sharing materials, supplies, facilities, or equipment without regard to the provisions of section

3324 of title 31, United States Code, relating to the advance

of public moneys.

(b) SUPERVISION.—In any agreement authorized by this section,

Indian tribes and their employees may perform cooperative work

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under the supervision of the Department of the Interior in emergencies or otherwise as mutually agreed to, but shall not be deemed

to be Federal employees other than for the purposes of sections

2671 through 2680 of title 28, United States Code, and sections

8101 through 8193 of title 5, United States Code.

(c) SAVINGS CLAUSE.—Nothing in this Act shall be construed

to limit the authority of the Secretary to enter into cooperative

agreements otherwise authorized by law.

SEC. 204. OBLIGATED SERVICE; BREACH OF CONTRACT.

(a) OBLIGATED SERVICE.—Where an individual enters into an

agreement for obligated service in return for financial assistance

under any provision of this title, the Secretary shall adopt such

regulations as are necessary to provide for the offer of employment

to the recipient of such assistance as required by such provision.

Where an offer of employment is not reasonably made, the regulations shall provide that such service shall no longer be required.

(b) BREACH OF CONTRACT; REPAYMENT.—Where an individual

fails to accept a reasonable offer of employment in fulfillment of

such obligated service or unreasonably terminates or fails to perform

the duties of such employment, the Secretary shall require a repayment of the financial assistance provided, prorated for the amount

of time of obligated service that was performed, together with

interest on such amount which would be payable if at the time

the amounts were paid they were loans bearing interest at the

maximum legal prevailing rate, as determined by the Secretary

of the Treasury.

TITLE III—GENERAL PROVISIONS

SEC. 301. REGULATIONS.

Except as otherwise provided by this Act, the Secretary shall

promulgate final regulations for the implementation of this Act

within 24 months after the date of enactment of this Act. All

regulations promulgated pursuant to this Act shall be developed

by the Secretary with the participation of the affected Indian tribes.

SEC. 302. TRUST RESPONSIBILITY.

Nothing in this Act shall be construed to diminish or expand

the trust responsibility of the United States toward Indian trust

lands or natural resources, or any legal obligation or remedy resulting therefrom.

SEC. 303. SEVERABILITY.

If any provision of this Act, or the application of any provision

of this Act to any person or circumstance, is held invalid, the

application of such provision or circumstance and the remainder

of this Act shall not be affected thereby.

SEC. 304. FEDERAL, STATE AND LOCAL AUTHORITY.

(a) DISCLAIMER.—Nothing in this Act shall be construed to

supersede or limit the authority of Federal, State or local agencies

otherwise authorized by law to provide services to Indians.

(b) DUPLICATION OF SERVICES.—The Secretary shall work with

all appropriate Federal departments and agencies to avoid duplication of programs and services currently available to Indian tribes

and landowners from other sources.

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SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL AUTHORIZATION.—There are authorized to be

appropriated such sums as may be necessary to carry out the

purposes of this Act.

(b) FUNDING SOURCE.—The activities required under title II

may only be funded from appropriations made pursuant to this

Act. To the greatest extent possible, such activities shall be coordinated with activities funded from other sources.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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