cultural preservation, and laws or ordinances adopted by
the tribal government to regulate land use or other activi-
ties 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 en-
tities 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 agricul-
tural 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 un-
less such waiver would constitute a violation of a Federal
statute or judicial decision or would conflict with his gen-
eral 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 pro-
vide for—
(A) collection of the value of the products
illegally used or removed plus a penalty of dou-
ble 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, in-
vestigation assistance and reports, witness ex-
penses, demand letters, court costs, and attor-
ney fees;
(2) designate responsibility within the Depart-
ment of the Interior for the detection and investiga-
tion 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 jurisdic-
tion with the United States to enforce the provisions of
this section and the regulations promulgated thereunder.
The Bureau and other agencies of the Federal Govern-
ment shall, at the request of the tribal government, defer
to tribal prosecutions of Indian agricultural land trespass
cases. Tribal court judgments regarding agricultural tres-
pass 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 MAN-
AGEMENT 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 man-
agement on Federal and private lands to conduct an inde-
pendent assessment of Indian agricultural land manage-
ment 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 instru-
mentalities 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 Fed-
eral 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 the
date of enactment of this Act, the Secretary shall provide
the Subcommittee on Native American Affairs of the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Indian Affairs of the Senate
with a status report on the development of the compara-
tive 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 un-
less 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 in-
vestment 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 Sec-
retary, 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 Sec-
retary—
(1) shall provide a preference to Indian opera-
tors 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 agri-
cultural 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 trib-
al 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 pre-
vent waste, reduce idle land acreage, and ensure in-
come.
(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
tion 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 ex-
penses 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 Sec-
retary to serve as an employee in a professional agri-
culture 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 Sec-
retary 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 duration. Time spent in
such service shall be counted toward satisfaction of the
intern’s obligated service agreement under paragraph (4).
(b) COOPERATIVE EDUCATION PROGRAM.—(1) The
Secretary shall maintain, through the Bureau, a coopera-
tive 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 re-
lated positions with the Bureau or other Federal agency
providing Indian agricultural or related services.
(2) The cooperative educational program under para-
graph (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 Man-
agement.
(3) The cooperative educational program shall in-
clude, among others, the following:
(A) The Secretary shall continue the established
specific programs in agriculture and natural re-
sources education at Southwestern Indian Poly-
technic Institute (SIPI) and at Haskell Indian Jun-
ior College.
(B) The Secretary shall develop and maintain a
cooperative program with the tribally controlled com-
munity 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 pro-
gram work at participating tribally controlled com-
munity colleges.
(C) Working through tribally controlled commu-
nity colleges and in cooperation with land grant in-
stitutions, the Secretary shall implement an informa-
tional 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 com-
munity colleges and in cooperation with land grant
institutions, the Secretary shall implement research
activities to improve the basis for determining ap-
propriate 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 edu-
cation institution with which the Secretary has en-
tered into a cooperative agreement; and
(B) is interested in a career with the Bureau,
an Indian tribe or a tribal enterprise in the manage-
ment of Indian rangelands, farmlands, or other nat-
ural 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 Sec-
retary to serve as a professional in an agricultural re-
source 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 edu-
cational costs pursuant to paragraph (3).
(c) SCHOLARSHIP PROGRAM.—(1) The Secretary
may grant scholarships to Indians enrolled in accredited
agriculture related programs for postsecondary and grad-
uate programs of study as full-time students.
(2) A recipient of a scholarship under paragraph (1)
shall be required to enter into an obligated service agree-
ment 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 recipi-
ents course of study, with—
(A) the Bureau or other agency of the Federal
Government providing agriculture or natural re-
source related services to Indians or Indian tribes;
(B) an agriculture or related program con-
ducted under a contract, grant, or cooperative agree-
ment entered into under the Indian Self-Determina-
tion and Education Assistance Act; or
(C) a tribal agriculture or related program.
(3) The Secretary shall not deny scholarship assist-
ance under this subsection solely on the basis of an appli-
cant’s scholastic achievement if the applicant has been ad-
mitted 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 ag-
ricultural resource education outreach program for Indian
youth to explain and stimulate interest in all aspects of
management and careers in Indian agriculture and natu-
ral 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 In-
dian agricultural resource managers to manage the Bu-
reau agricultural resource programs and programs main-
tained by or for Indian tribes.
SEC. 202. POSTGRADUATION RECRUITMENT, EDUCATION
AND TRAINING PROGRAMS.
(a) ASSUMPTION OF LOANS.—The Secretary shall es-
tablish and maintain a program to attract Indian profes-
sionals who are graduates of a course of postsecondary
or graduate education for employment in either the Bu-
reau agriculture or related programs or, subject to the ap-
proval of the tribe, in tribal agriculture or related pro-
grams. According to such regulations as the Secretary
may prescribe, such program shall provide for the employ-
ment of Indian professionals in exchange for the assump-
tion by the Secretary of the outstanding student loans of
the employee. The period of employment shall be deter-
mined by the amount of the loan that is assumed.
(b) POSTGRADUATE INTERGOVERNMENTAL INTERN-
SHIPS.—For the purposes of training, skill development
and orientation of Indian and Federal agricultural man-
agement personnel, and the enhancement of tribal and Bu-
reau agricultural resource programs, the Secretary shall
establish and actively conduct a program for the coopera-
tive internship of Federal and Indian agricultural resource
personnel. Such program shall—