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. WIL-
LIAMS) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Indian Agri-
cultural 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 agri-
cultural 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 ag-
ricultural lands in accordance with integrated re-
source management plans will ensure proper manage-
ment of Indian agricultural lands and will produce
increased economic returns, enhance Indian self-deter-
mination, 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 In-
dian agricultural lands and related renewable re-
sources 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
(4) increase the educational and training oppor-
tunities available to Indian people and communities
in the practical, technical, and professional aspects of
agriculture and land management to improve the ex-
pertise 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 pro-
duction 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, subsist-
ence, 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 com-
mercial 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 com-
munities, watersheds, human resources, natural
and physical attributes, and man-made develop-
ments, which together comprise the agricultural
community; and
(B) all the benefits derived from Indian ag-
ricultural lands and enterprises, including cul-
tivated and gathered food products, fibers, horti-
cultural products, dyes, cultural or religious con-
diments, 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 In-
dian Affairs of the Department of the Interior.
(6) The term ‘‘farmland’’ means Indian land ex-
cluding 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, ir-
rigated, or irrigated pasture.
(7) The term ‘‘Indian forest land’’ means forest
land as defined in section 304(3) of the National In-
dian 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.
(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 eligi-
ble for the special programs and services provided by
the United States to Indian tribes because of their
status as Indians.
(11) The term ‘‘integrated resource management
plan’’ means the plan developed pursuant to the proc-
ess used by tribal governments to assess available re-
sources 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 recre-
ation, as well as community and municipal resources,
and may include any previously adopted tribal codes
and plans related to such resources.
tract preparation, collecting, recording, and dis-
tributing lease rental receipts;
(E) technical assistance to individuals and
tribes engaged in agricultural production or ag-
ribusiness; and
(F) educational assistance in agriculture,
natural resources, land management and related
fields of study, including direct assistance to
tribally-controlled community colleges in devel-
oping and implementing curriculum for voca-
tional, 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 natu-
rally or artificially to provide a forage cover that is
managed as native vegetation.
(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 manage-
ment of Indian agricultural lands to achieve the following
objectives:
(1) To protect, conserve, utilize, and maintain
the highest productive potential on Indian agricul-
tural lands through the application of sound con-
servation practices and techniques. These practices
and techniques shall be applied to planning, develop-
ment, inventorying, classification, and management
of agricultural resources;
(2) To increase production and expand the di-
versity and availability of agricultural products for
subsistence, income, and employment of Indians and
Alaska Natives, through the development of agricul-
tural 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 prod-
ucts, and other applicable subject areas;
(5) To develop Indian agricultural lands and as-
sociated value-added industries of Indians and In-
dian tribes to promote self-sustaining communities;
and
(6) To assist trust and restricted Indian land-
owners in leasing their agricultural lands for a rea-
sonable annual return, consistent with prudent man-
agement 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 objec-
tives of this section, a 10-year Indian agriculture resource
management and monitoring plan shall be developed and
implemented as follows:
(A) Pursuant to a self-determination contract or
self-governance compact, an Indian tribe may develop
or implement an Indian agriculture resource plan.
Subject to the provisions of subparagraph (C), the
tribe shall have broad discretion in designing and
carrying out the planning process.
(B) If a tribe chooses not to contract the develop-
ment or implementation 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 re-
sources;
(ii) identify specific tribal agricultural re-
source 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 es-
tablished 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 lands grant universities; and
(viii) be completed within three years of the
initiation of activity to establish the plan.
(2) Indian agriculture resource management plans de-
veloped and approved under this section shall govern the
management and administration of Indian agricultural re-
sources 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 con-
duct 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 in-
stances 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, in-
cluding 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 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 agricultural
resource management plan provided for in section 101, or
with a tribal law, the Secretary shall 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 con-
stitute a waiver of the sovereign immunity of the United
States, nor does it authorize tribal justice systems to review
actions of the Secretary.