Union Calendar No. 202

103D CONGRESS

1ST SESSION H. R. 1425

[Report No. 103–367]

A BILL

To improve the management, productivity, and use

of Indian agricultural lands and resources.

NOVEMBER 16, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 202

103D CONGRESS

1ST SESSION H. R. 1425

[Report No. 103–367]

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

lands and resources.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1993

Mr. RICHARDSON (for himself, Mr. JOHNSON of South Dakota, and Mr. WILLIAMS) introduced the following bill; which was referred to the Committee

on Natural Resources

NOVEMBER 16, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 18, 1993]

A BILL

To improve the management, productivity, and use of Indian

agricultural lands and resources.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘American Indian Agri3 cultural Resource Management Act’’.

4 SEC. 2. FINDINGS.

5 The Congress finds and declares that—

6 (1) the United States and Indian tribes have a

7 government to government relationship;

8 (2) the United States has a trust responsibility

9 to protect, conserve, utilize, and manage Indian agri10 cultural lands consistent with its fiduciary obligation

11 and its unique relationship with Indian tribes;

12 (3) Indian agricultural lands are renewable and

13 manageable natural resources which are vital to the

14 economic, social, and cultural welfare of many Indian

15 tribes and their members; and

16 (4) development and management of Indian ag17 ricultural lands in accordance with integrated re18 source management plans will ensure proper manage19 ment of Indian agricultural lands and will produce

20 increased economic returns, enhance Indian self-deter21 mination, promote employment opportunities, and

22 improve the social and economic well-being of Indian

23 and surrounding communities.

24 SEC. 3. PURPOSES.

25 The purposes of this Act are to—
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1 (1) carry out the trust responsibility of the

2 United States and promote the self-determination of

3 Indian tribes by providing for the management of In4 dian agricultural lands and related renewable re5 sources in a manner consistent with identified tribal

6 goals and priorities for conservation, multiple use,

7 and sustained yield;

8 (2) authorize the Secretary to take part in the

9 management of Indian agricultural lands, with the

10 participation of the beneficial owners of the land, in

11 a manner consistent with the trust responsibility of

12 the Secretary and with the objectives of the beneficial

13 owners;

14 (3) provide for the development and management

15 of Indian agricultural lands; and

16 (4) increase the educational and training oppor17 tunities available to Indian people and communities

18 in the practical, technical, and professional aspects of

19 agriculture and land management to improve the ex20 pertise and technical abilities of Indian tribes and

21 their members.

22 SEC. 4. DEFINITIONS.

23 For the purposes of this Act:

24 (1) The term ‘‘Indian agricultural lands’’ means

25 Indian land, including farmland and rangeland, but
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1 excluding Indian forest land, that is used for the pro2 duction of agricultural products, and Indian lands

3 occupied by industries that support the agricultural

4 community, regardless of whether a formal inspection

5 and land classification has been conducted.

6 (2) The term ‘‘agricultural product’’ means—

7 (A) crops grown under cultivated conditions

8 whether used for personal consumption, subsist9 ence, or sold for commercial benefit;

10 (B) domestic livestock, including cattle,

11 sheep, goats, horses, buffalo, swine, reindeer, fowl,

12 or other animal specifically raised and utilized

13 for food or fiber or as beast of burden;

14 (C) forage, hay, fodder, feed grains, crop

15 residues and other items grown or harvested for

16 the feeding and care of livestock, sold for com17 mercial profit, or used for other purposes; and

18 (D) other marketable or traditionally used

19 materials authorized for removal from Indian

20 agricultural lands.

21 (3) The term ‘‘agricultural resource’’ means—

22 (A) all the primary means of production,

23 including the land, soil, water, air, plant com24 munities, watersheds, human resources, natural

25 and physical attributes, and man-made develop-
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1 ments, which together comprise the agricultural

2 community; and

3 (B) all the benefits derived from Indian ag4 ricultural lands and enterprises, including cul5 tivated and gathered food products, fibers, horti6 cultural products, dyes, cultural or religious con7 diments, medicines, water, aesthetic, and other

8 traditional values of agriculture.

9 (4) The term ‘‘agricultural resource management

10 plan’’ means a plan developed under section 101(b).

11 (5) The term ‘‘Bureau’’ means the Bureau of In12 dian Affairs of the Department of the Interior.

13 (6) The term ‘‘farmland’’ means Indian land ex14 cluding Indian forest land that is used for production

15 of food, feed, fiber, forage and seed oil crops, or other

16 agricultural products, and may be either dryland, ir17 rigated, or irrigated pasture.

18 (7) The term ‘‘Indian forest land’’ means forest

19 land as defined in section 304(3) of the National In20 dian Forest Resources Management Act (25 U.S.C.

21 3103(3)).

22 (8) The term ‘‘Indian’’ means an individual who

23 is a member of an Indian tribe.

24 (9) The term ‘‘Indian land’’ means land that

25 is—
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1 (A) held in trust by the United States for

2 an Indian tribe; or

3 (B) owned by an Indian or Indian tribe

4 and is subject to restrictions against alienation.

5 (10) The term ‘‘Indian tribe’’ means any Indian

6 tribe, band, nation, pueblo, or other organized group

7 or community, including any Alaska Native village

8 or regional corporation as defined in or established

9 pursuant to the Alaska Native Claims Settlement Act

10 (43 U.S.C. 1601 et seq.), which is recognized as eligi11 ble for the special programs and services provided by

12 the United States to Indian tribes because of their

13 status as Indians.

14 (11) The term ‘‘integrated resource management

15 plan’’ means the plan developed pursuant to the proc16 ess used by tribal governments to assess available re17 sources and to provide identified holistic management

18 objectives that include quality of life, production goals

19 and landscape descriptions of all designated resources

20 that may include (but not be limited to) water, fish,

21 wildlife, forestry, agriculture, minerals, and recre22 ation, as well as community and municipal resources,

23 and may include any previously adopted tribal codes

24 and plans related to such resources.
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1 (12) The term ‘‘land management activity’’

2 means all activities, accomplished in support of the

3 management of Indian agricultural lands, including

4 (but not limited to)—

5 (A) preparation of soil and range inven6 tories, farmland and rangeland management

7 plans, and monitoring programs to evaluate

8 management plans;

9 (B) agricultural lands and on-farm irriga10 tion delivery system development, and the appli11 cation of state of the art, soil and range con12 servation management techniques to restore and

13 ensure the productive potential of Indian lands;

14 (C) protection against agricultural pests,

15 including development, implementation, and

16 evaluation of integrated pest management pro17 grams to control noxious weeds, undesirable vege18 tation, and vertebrate or invertebrate agricul19 tural pests;

20 (D) administration and supervision of agri21 cultural leasing and permitting activities, in22 cluding determination of proper land use, carry23 ing capacities, and proper stocking rates of live24 stock, appraisal, advertisement, negotiation, con-
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1 tract preparation, collecting, recording, and dis2 tributing lease rental receipts;

3 (E) technical assistance to individuals and

4 tribes engaged in agricultural production or ag5 ribusiness; and

6 (F) educational assistance in agriculture,

7 natural resources, land management and related

8 fields of study, including direct assistance to

9 tribally-controlled community colleges in devel10 oping and implementing curriculum for voca11 tional, technical, and professional course work.

12 (13) The term ‘‘Indian landowner’’ means the

13 Indian or Indian tribe that—

14 (A) owns such Indian land, or

15 (B) is the beneficiary of the trust under

16 which such Indian land is held by the United

17 States.

18 (14) The term ‘‘rangeland’’ means Indian land,

19 excluding Indian forest land, on which the native

20 vegetation is predominantly grasses, grass-like plants,

21 forbs, half-shrubs or shrubs suitable for grazing or

22 browsing use, and includes lands revegetated natu23 rally or artificially to provide a forage cover that is

24 managed as native vegetation.
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1 (15) The term ‘‘Secretary’’ means the Secretary

2 of the Interior.

3 TITLE I—RANGELAND AND

4 FARMLAND ENHANCEMENT

5 SEC. 101. MANAGEMENT OF INDIAN RANGELANDS AND

6 FARMLANDS.

7 (a) MANAGEMENT OBJECTIVES.—Consistent with the

8 provisions of the Indian Self-Determination and Education

9 Assistance Act, the Secretary shall provide for the manage10 ment of Indian agricultural lands to achieve the following

11 objectives:

12 (1) To protect, conserve, utilize, and maintain

13 the highest productive potential on Indian agricul14 tural lands through the application of sound con15 servation practices and techniques. These practices

16 and techniques shall be applied to planning, develop17 ment, inventorying, classification, and management

18 of agricultural resources;

19 (2) To increase production and expand the di20 versity and availability of agricultural products for

21 subsistence, income, and employment of Indians and

22 Alaska Natives, through the development of agricul23 tural resources on Indian lands;

24 (3) To manage agricultural resources consistent

25 with integrated resource management plans in order
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1 to protect and maintain other values such as wildlife,

2 fisheries, cultural resources, recreation and to regulate

3 water runoff and minimize soil erosion;

4 (4) To enable Indian farmers and ranchers to

5 maximize the potential benefits available to them

6 through their land by providing technical assistance,

7 training, and education in conservation practices,

8 management and economics of agribusiness, sources

9 and use of credit and marketing of agricultural prod10 ucts, and other applicable subject areas;

11 (5) To develop Indian agricultural lands and as12 sociated value-added industries of Indians and In13 dian tribes to promote self-sustaining communities;

14 and

15 (6) To assist trust and restricted Indian land16 owners in leasing their agricultural lands for a rea17 sonable annual return, consistent with prudent man18 agement and conservation practices, and community

19 goals as expressed in the tribal management plans

20 and appropriate tribal ordinances.

21 (b) INDIAN AGRICULTURAL RESOURCE MANAGEMENT

22 PLANNING PROGRAM.—(1) To meet the management objec23 tives of this section, a 10-year Indian agriculture resource

24 management and monitoring plan shall be developed and

25 implemented as follows:
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1 (A) Pursuant to a self-determination contract or

2 self-governance compact, an Indian tribe may develop

3 or implement an Indian agriculture resource plan.

4 Subject to the provisions of subparagraph (C), the

5 tribe shall have broad discretion in designing and

6 carrying out the planning process.

7 (B) If a tribe chooses not to contract the develop8 ment or implementation the plan, the Secretary shall

9 develop or implement, as appropriate, the plan in

10 close consultation with the affected tribe.

11 (C) Whether developed directly by the tribe or by

12 the Secretary, the plan shall—

13 (i) determine available agriculture re14 sources;

15 (ii) identify specific tribal agricultural re16 source goals and objectives;

17 (iii) establish management objectives for the

18 resources;

19 (iv) define critical values of the Indian tribe

20 and its members and provide identified holistic

21 management objectives;

22 (v) identify actions to be taken to reach es23 tablished objectives;

24 (vi) be developed through public meetings;
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1 (vii) use the public meeting records, existing

2 survey documents, reports, and other research

3 from Federal agencies, tribal community colleges,

4 and lands grant universities; and

5 (viii) be completed within three years of the

6 initiation of activity to establish the plan.

7 (2) Indian agriculture resource management plans de8 veloped and approved under this section shall govern the

9 management and administration of Indian agricultural re10 sources and Indian agricultural lands by the Bureau and

11 the Indian tribal government.

12 SEC. 102. INDIAN PARTICIPATION IN LAND MANAGEMENT

13 ACTIVITIES.

14 (a) TRIBAL RECOGNITION.—The Secretary shall con15 duct all land management activities on Indian agricultural

16 land in accordance with goals and objectives set forth in

17 the approved agricultural resource management plan, in an

18 integrated resource management plan, and in accordance

19 with all tribal laws and ordinances, except in specific in20 stances where such compliance would be contrary to the

21 trust responsibility of the United States.

22 (b) TRIBAL LAWS.—Unless otherwise prohibited by

23 Federal law, the Secretary shall comply with tribal laws

24 and ordinances pertaining to Indian agricultural lands, in25 cluding laws regulating the environment and historic or
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1 cultural preservation, and laws or ordinances adopted by

2 the tribal government to regulate land use or other activities

3 under tribal jurisdiction. The Secretary shall—

4 (1) provide assistance in the enforcement of such

5 tribal laws;

6 (2) provide notice of such laws to persons or en7 tities undertaking activities on Indian agricultural

8 lands; and

9 (3) upon the request of an Indian tribe, require

10 appropriate Federal officials to appear in tribal

11 forums.

12 (c) WAIVER OF REGULATIONS.—In any case in which

13 a regulation or administrative policy of the Department of

14 the Interior conflicts with the objectives of the agricultural

15 resource management plan provided for in section 101, or

16 with a tribal law, the Secretary shall waive the application

17 of such regulation or administrative policy unless such

18 waiver would constitute a violation of a Federal statute or

19 judicial decision or would conflict with his general trust

20 responsibility under Federal law.

21 (d) SOVEREIGN IMMUNITY.—This section does not con22 stitute a waiver of the sovereign immunity of the United

23 States, nor does it authorize tribal justice systems to review

24 actions of the Secretary.
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1 SEC. 103. INDIAN AGRICULTURAL LANDS TRESPASS.

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

3 one year after the date of enactment of this Act, the Sec4 retary shall issue regulations that—

5 (1) establish civil penalties for the commission of

6 trespass on Indian agricultural lands, which provide

7 for—

8 (A) collection of the value of the products il9 legally used or removed plus a penalty of double

10 their values;

11 (B) collection of the costs associated with

12 damage to the Indian agricultural lands caused

13 by the act of trespass; and

14 (C) collection of the costs associated with

15 enforcement of the regulations, including field ex16 amination and survey, damage appraisal, inves17 tigation assistance and reports, witness expenses,

18 demand letters, court costs, and attorney fees;

19 (2) designate responsibility within the Depart20 ment of the Interior for the detection and investiga21 tion of Indian agricultural lands trespass; and

22 (3) set forth responsibilities and procedures for

23 the assessment and collection of civil penalties.

24 (b) TREATMENT OF PROCEEDS.—The proceeds of civil

25 penalties collected under this section shall be treated as pro-
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1 ceeds from the sale of agricultural products from the Indian

2 agricultural lands upon which such trespass occurred.

3 (c) CONCURRENT JURISDICTION.—Indian tribes which

4 adopt the regulations promulgated by the Secretary pursu5 ant to subsection (a) shall have concurrent jurisdiction with

6 the United States to enforce the provisions of this section

7 and the regulations promulgated thereunder. The Bureau

8 and other agencies of the Federal Government shall, at the

9 request of the tribal government, defer to tribal prosecutions

10 of Indian agricultural land trespass cases. Tribal court

11 judgments regarding agricultural trespass shall be entitled

12 to full faith and credit in Federal and State courts to the

13 same extent as a Federal court judgment obtained under

14 this section. Nothing in this Act shall be construed to dimin15 ish the sovereign authority of Indian tribes with respect to

16 trespass.

17 SEC. 104. ASSESSMENT OF INDIAN AGRICULTURAL MAN18 AGEMENT PROGRAMS.

19 (a) ASSESSMENT.—Within six months after the date

20 of enactment of this Act, the Secretary, in consultation with

21 affected Indian tribes, shall enter into a contract with a

22 non-Federal entity knowledgeable in agricultural manage23 ment on Federal and private lands to conduct an independ24 ent assessment of Indian agricultural land management

25 and practices. Such assessment shall be national in scope
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1 and shall include a comparative analysis of Federal invest2 ment and management efforts for Indian trust and re3 stricted agricultural lands as compared to federally-owned

4 lands managed by other Federal agencies or instrumental5 ities and as compared to federally-served private lands.

6 (b) PURPOSES.—The purposes of the assessment shall

7 be—

8 (1) to establish a comprehensive assessment of the

9 improvement, funding, and development needs for all

10 Indian agricultural lands;

11 (2) to establish a comparison of management

12 and funding provided to comparable lands owned or

13 managed by the Federal Government through Federal

14 agencies other than the Bureau; and

15 (3) to identify any obstacles to Indian access to

16 Federal or private programs relating to agriculture or

17 related rural development programs generally avail18 able to the public at large.

19 (c) IMPLEMENTATION.—Within one year after the date

20 of enactment of this Act, the Secretary shall provide the

21 Subcommittee on Native American Affairs of the Committee

22 on Natural Resources of the House of Representatives and

23 the Committee on Indian Affairs of the Senate with a status

24 report on the development of the comparative analysis re25 quired by this section and shall file a final report with the
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1 Congress not later than 18 months after the date of enact2 ment of this Act.

3 SEC. 105. LEASING OF INDIAN AGRICULTURAL LANDS.

4 (a) AUTHORITY OF THE SECRETARY.—The Secretary

5 is authorized to—

6 (1) approve any agricultural lease or permit

7 with (A) a tenure of up to 10 years, or (B) a tenure

8 longer than 10 years but not to exceed 25 years unless

9 authorized by other Federal law, when such longer

10 tenure is determined by the Secretary to be in the best

11 interest of the Indian landowners and when such lease

12 or permit requires substantial investment in the de13 velopment of the lands or crops by the lessee; and

14 (2) lease or permit agricultural lands to the

15 highest responsible bidder at rates less than the Fed16 eral appraisal after satisfactorily advertising such

17 lands for lease, when, in the opinion of the Secretary,

18 such action would be in the best interest of the Indian

19 landowner.

20 (b) AUTHORITY OF THE TRIBE.—When authorized by

21 an appropriate tribal resolution establishing a general pol22 icy for leasing of Indian agricultural lands, the Secretary—

23 (1) shall provide a preference to Indian opera24 tors in the issuance and renewal of agricultural leases
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1 and permits so long as the lessor receives fair market

2 value for his property;

3 (2) shall waive or modify the requirement that

4 a lessee post a surety or performance bond on agricul5 tural leases and permits issued by the Secretary;

6 (3) shall provide for posting of other collateral or

7 security in lieu of surety or other bonds; and

8 (4) when such tribal resolution sets forth a tribal

9 definition of what constitutes ‘‘highly fractionated un10 divided heirship lands’’ and adopts an alternative

11 plan for providing notice to owners, may waive or

12 modify any general notice requirement of Federal law

13 and proceed to negotiate and lease or permit such

14 highly fractionated undivided interest heirship lands

15 in conformity with tribal law in order to prevent

16 waste, reduce idle land acreage, and ensure income.

17 (c) RIGHTS OF INDIVIDUAL LANDOWNERS.—(1) Noth18 ing in this section shall be construed as limiting or altering

19 the authority or right of an individual allottee in the legal

20 or beneficial use of his or her own land or to enter into

21 an agricultural lease of the surface interest of his or her

22 allotment under any other provision of law.

23 (2)(A) The owners of a majority interest in any trust

24 or restricted land are authorized to enter into an agricul25 tural lease of the surface interest of a trust or restricted
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1 allotment, and such lease shall be binding upon the owners

2 of the minority interests in such land if the terms of the

3 lease provide such minority interests with not less than fair

4 market value for such land.

5 (B) For the purposes of subparagraph (A), a majority

6 interest in trust or restricted land is an interest greater

7 than 50 percent of the legal or beneficial title.

8 (3) The provisions of subsection (b) shall not apply

9 to a parcel of trust or restricted land if the owners of at

10 least 50 percent of the legal or beneficial interest in such

11 land file with the Secretary a written objection to the appli12 cation of all or any part of such tribal rules to the leasing

13 of such parcel of land.

14 TITLE II—EDUCATION IN

15 AGRICULTURE MANAGEMENT

16 SEC. 201. INDIAN AND ALASKA NATIVE AGRICULTURE MAN17 AGEMENT EDUCATION ASSISTANCE PRO18 GRAMS.

19 (a) AGRICULTURAL RESOURCES INTERN PROGRAM.—

20 (1) Notwithstanding the provisions of title 5, United States

21 Code, governing appointments in the competitive service,

22 the Secretary shall establish and maintain in the Bureau

23 or other appropriate office or bureau within the Depart24 ment of the Interior at least 20 agricultural resources intern

25 positions for Indian and Alaska Native students enrolled
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1 in an agriculture study program. Such positions shall be

2 in addition to the forester intern positions authorized in

3 section 314(a) of the National Indian Forest Resources

4 Management Act (25 U.S.C. 3113(a)),

5 (2) For purposes of this subsection—

6 (A) the term ‘‘agricultural resources intern’’

7 means an Indian who—

8 (i) is attending an approved postsecondary

9 school in a full-time agriculture or related field,

10 and

11 (ii) is appointed to one of the agricultural

12 resources intern positions established under

13 paragraph (1);

14 (B) the term ‘‘agricultural resources intern posi15 tions’’ means positions established pursuant to para16 graph (1) for agricultural resources interns; and

17 (C) the term ‘‘agriculture study program’’ in18 cludes (but is not limited to) agricultural engineering,

19 agricultural economics, animal husbandry, animal

20 science, biological sciences, geographic information

21 systems, horticulture, range management, soil science,

22 and veterinary science.

23 (3) The Secretary shall pay, by reimbursement or oth24 erwise, all costs for tuition, books, fees, and living expenses

25 incurred by an agricultural resources intern while attend-
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1 ing an approved postsecondary or graduate school in a full2 time agricultural study program.

3 (4) An agricultural resources intern shall be required

4 to enter into an obligated service agreement with the Sec5 retary to serve as an employee in a professional agriculture

6 or natural resources position with the Department of the

7 Interior or other Federal agency or an Indian tribe for one

8 year for each year of education for which the Secretary pays

9 the intern’s educational costs under paragraph (3).

10 (5) An agricultural resources intern shall be required

11 to report for service with the Bureau of Indian Affairs or

12 other bureau or agency sponsoring his internship, or to a

13 designated work site, during any break in attendance at

14 school of more than 3 weeks duration. Time spent in such

15 service shall be counted toward satisfaction of the intern’s

16 obligated service agreement under paragraph (4).

17 (b) COOPERATIVE EDUCATION PROGRAM.—(1) The

18 Secretary shall maintain, through the Bureau, a coopera19 tive education program for the purpose, among other things,

20 of recruiting Indian and Alaska Native students who are

21 enrolled in secondary schools, tribally controlled community

22 colleges, and other postsecondary or graduate schools, for

23 employment in professional agricultural or related posi24 tions with the Bureau or other Federal agency providing

25 Indian agricultural or related services.
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1 (2) The cooperative educational program under para2 graph (1) shall be modeled after, and shall have essentially

3 the same features as, the program in effect on the date of

4 enactment of this Act pursuant to chapter 308 of the Fed5 eral Personnel Manual of the Office of Personnel Manage6 ment.

7 (3) The cooperative educational program shall include,

8 among others, the following:

9 (A) The Secretary shall continue the established

10 specific programs in agriculture and natural re11 sources education at Southwestern Indian Polytechnic

12 Institute (SIPI) and at Haskell Indian Junior Col13 lege.

14 (B) The Secretary shall develop and maintain a

15 cooperative program with the tribally controlled com16 munity colleges to coordinate course requirements,

17 texts, and provide direct technical assistance so that

18 a significant portion of the college credits in both the

19 Haskell and Southwestern Indian Polytechnic Insti20 tute programs can be met through local program work

21 at participating tribally controlled community

22 colleges.

23 (C) Working through tribally controlled commu24 nity colleges and in cooperation with land grant in25 stitutions, the Secretary shall implement an informa-
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1 tional and educational program to provide practical

2 training and assistance in creating or maintaining a

3 successful agricultural enterprise, assessing sources of

4 commercial credit, developing markets, and other sub5 jects of importance in agricultural pursuits.

6 (D) Working through tribally controlled commu7 nity colleges and in cooperation with land grant in8 stitutions, the Secretary shall implement research ac9 tivities to improve the basis for determining appro10 priate management measures to apply to Indian ag11 ricultural management.

12 (4) Under the cooperative agreement program under

13 paragraph (1), the Secretary shall pay, by reimbursement

14 or otherwise, all costs for tuition, books, and fees of an In15 dian student who—

16 (A) is enrolled in a course of study at an edu17 cation institution with which the Secretary has en18 tered into a cooperative agreement; and

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

20 Indian tribe or a tribal enterprise in the management

21 of Indian rangelands, farmlands, or other natural re22 source assets.

23 (5) A recipient of assistance under the cooperative edu24 cation program under this subsection shall be required to

25 enter into an obligated service agreement with the Secretary
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1 to serve as a professional in an agricultural resource related

2 activity with the Bureau, or other Federal agency providing

3 agricultural or related services to Indians or Indian tribes,

4 or an Indian tribe for one year for each year for which

5 the Secretary pays the recipients educational costs pursuant

6 to paragraph (3).

7 (c) SCHOLARSHIP PROGRAM.—(1) The Secretary may

8 grant scholarships to Indians enrolled in accredited agri9 culture related programs for postsecondary and graduate

10 programs of study as full-time students.

11 (2) A recipient of a scholarship under paragraph (1)

12 shall be required to enter into an obligated service agree13 ment with the Secretary in which the recipient agrees to

14 accept employment for one year for each year the recipient

15 received a scholarship, following completion of the recipi16 ents course of study, with—

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

18 Government providing agriculture or natural resource

19 related services to Indians or Indian tribes;

20 (B) an agriculture or related program conducted

21 under a contract, grant, or cooperative agreement en22 tered into under the Indian Self-Determination and

23 Education Assistance Act; or

24 (C) a tribal agriculture or related program.
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1 (3) The Secretary shall not deny scholarship assistance

2 under this subsection solely on the basis of an applicant’s

3 scholastic achievement if the applicant has been admitted

4 to and remains in good standing in an accredited post sec5 ondary or graduate institution.

6 (d) EDUCATIONAL OUTREACH.—The Secretary shall

7 conduct, through the Bureau, and in consultation with

8 other appropriate local, State and Federal agencies, and in

9 consultation and coordination with Indian tribes, an agri10 cultural resource education outreach program for Indian

11 youth to explain and stimulate interest in all aspects of

12 management and careers in Indian agriculture and natural

13 resources.

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

15 administer the programs described in this section until a

16 sufficient number of Indians are trained to ensure that

17 there is an adequate number of qualified, professional In18 dian agricultural resource managers to manage the Bureau

19 agricultural resource programs and programs maintained

20 by or for Indian tribes.

21 SEC. 202. POSTGRADUATION RECRUITMENT, EDUCATION

22 AND TRAINING PROGRAMS.

23 (a) ASSUMPTION OF LOANS.—The Secretary shall es24 tablish and maintain a program to attract Indian profes25 sionals who are graduates of a course of postsecondary or
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1 graduate education for employment in either the Bureau

2 agriculture or related programs or, subject to the approval

3 of the tribe, in tribal agriculture or related programs. Ac4 cording to such regulations as the Secretary may prescribe,

5 such program shall provide for the employment of Indian

6 professionals in exchange for the assumption by the Sec7 retary of the outstanding student loans of the employee. The

8 period of employment shall be determined by the amount

9 of the loan that is assumed.

10 (b) POSTGRADUATE INTERGOVERNMENTAL INTERN11 SHIPS.—For the purposes of training, skill development

12 and orientation of Indian and Federal agricultural man13 agement personnel, and the enhancement of tribal and Bu14 reau agricultural resource programs, the Secretary shall es15 tablish and actively conduct a program for the cooperative

16 internship of Federal and Indian agricultural resource per17 sonnel. Such program shall—

18 (1) for agencies within the Department of the In19 terior—

20 (A) provide for the internship of Bureau

21 and Indian agricultural resource employees in

22 the agricultural resource related programs of

23 other agencies of the Department of the Interior,

24 and
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1 (B) provide for the internship of agricul2 tural resource personnel from the other Depart3 ment of the Interior agencies within the Bureau,

4 and, with the consent of the tribe, within tribal

5 agricultural resource programs;

6 (2) for agencies not within the Department of the

7 Interior, provide, pursuant to an interagency agree8 ment, internships within the Bureau and, with the

9 consent of the tribe, within a tribal agricultural re10 source program of other agricultural resource person11 nel of such agencies who are above their sixth year of

12 Federal service;

13 (3) provide for the continuation of salary and

14 benefits for participating Federal employees by their

15 originating agency;

16 (4) provide for salaries and benefits of partici17 pating Indian agricultural resource employees by the

18 host agency; and

19 (5) provide for a bonus pay incentive at the con20 clusion of the internship for any participant.

21 (c) CONTINUING EDUCATION AND TRAINING.—The

22 Secretary shall maintain a program within the Trust Serv23 ices Division of the Bureau and Indian agricultural re24 source personnel which shall provide for—
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1 (1) orientation training for Bureau agricultural

2 resource personnel in tribal-Federal relations and re3 sponsibilities;

4 (2) continuing technical agricultural resource

5 education for Bureau and Indian agricultural re6 source personnel; and

7 (3) development training of Indian agricultural

8 resource personnel in agricultural resource based en9 terprises and marketing.

10 SEC. 203. COOPERATIVE AGREEMENT BETWEEN THE DE11 PARTMENT OF THE INTERIOR AND INDIAN

12 TRIBES.

13 (a) COOPERATIVE AGREEMENTS.—

14 (1)(A) To facilitate the administration of the

15 programs and activities of the Department of the In16 terior, the Secretary may negotiate and enter into co17 operative agreements with Indian tribes to—

18 (i) engage in cooperative manpower and job

19 training,

20 (ii) develop and publish cooperative agricul21 tural education and resource planning materials,

22 and

23 (iii) perform land and facility improve24 ments and other activities related to land and

25 natural resource management and development.
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1 (B) The Secretary may enter into these agree2 ments when the Secretary determines the interest of

3 Indians and Indian tribes will be benefited.

4 (2) In cooperative agreements entered into under

5 paragraph (1), the Secretary may advance or reim6 burse funds to contractors from any appropriated

7 funds available for similar kinds of work or by fur8 nishing or sharing materials, supplies, facilities, or

9 equipment without regard to the provisions of section

10 3324 of title 31, United States Code, relating to the

11 advance of public moneys.

12 (b) SUPERVISION.—In any agreement authorized by

13 this section, Indian tribes and their employees may perform

14 cooperative work under the supervision of the Department

15 of the Interior in emergencies or otherwise as mutually

16 agreed to, but shall not be deemed to be Federal employees

17 other than for the purposes of sections 2671 through 2680

18 of title 28, United States Code, and sections 8101 through

19 8193 of title 5, United States Code.

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

21 construed to limit the authority of the Secretary to enter

22 into cooperative agreements otherwise authorized by law.

23 SEC. 204. OBLIGATED SERVICE; BREACH OF CONTRACT.

24 (a) OBLIGATED SERVICE.—Where an individual en25 ters into an agreement for obligated service in return for
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1 financial assistance under any provision of this title, the

2 Secretary shall adopt such regulations as are necessary to

3 provide for the offer of employment to the recipient of such

4 assistance as required by such provision. Where an offer of

5 employment is not reasonably made, the regulations shall

6 provide that such service shall no longer be required.

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

8 individual fails to accept a reasonable offer of employment

9 in fulfillment of such obligated service or unreasonably ter10 minates or fails to perform the duties of such employment,

11 the Secretary shall require a repayment of the financial as12 sistance provided, prorated for the amount of time of obli13 gated service that was performed, together with interest on

14 such amount which would be payable if at the time the

15 amounts were paid they were loans bearing interest at the

16 maximum legal prevailing rate, as determined by the Sec17 retary of the Treasury.

18 TITLE III—GENERAL

19 PROVISIONS

20 SEC. 301. REGULATIONS.

21 Except as otherwise provided by this Act, the Secretary

22 shall promulgate final regulations for the implementation

23 of this Act within 18 months after the date of enactment

24 of this Act. All regulations promulgated pursuant to this
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1 Act shall be developed by the Secretary with the participa2 tion of the affected Indian tribes.

3 SEC. 302. TRUST RESPONSIBILITY.

4 Nothing in this Act shall be construed to diminish or

5 expand the trust responsibility of the United States toward

6 Indian trust lands or natural resources, or any legal obliga7 tion or remedy resulting therefrom.

8 SEC. 303. SEVERABILITY.

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

10 provision of this Act to any person or circumstance, is held

11 invalid, the application of such provision or circumstance

12 and the remainder of this Act shall not be affected thereby.

13 SEC. 304. FEDERAL, STATE AND LOCAL AUTHORITY.

14 (a) DISCLAIMER.—Nothing in this Act shall be con15 strued to supercede or limit the authority of Federal, State

16 or local agencies otherwise authorized by law to provide

17 services to Indians.

18 (b) DUPLICATION OF SERVICES.—The Secretary shall

19 work with all appropriate Federal departments and agen20 cies to avoid duplication of programs and services currently

21 available to Indian tribes and landowners from other

22 sources.

23 SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated such sums as

25 may be necessary to carry out the purposes of this Act.
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