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 consist-
ent with its fiduciary obligation and its unique relationship
with Indian tribes;
(3) Indian agricultural lands are renewable and manage-
able 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 provid-
ing 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 bene-
ficial 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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H. R. 1425—2
(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 agri-
cultural 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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H. R. 1425—3
(10) The term ‘‘Indian tribe’’ means any Indian tribe, band,
nation, pueblo, or other organized group or community, includ-
ing any Alaska Native village or regional corporation as defined
in or established pursuant to the Alaska Native Claims Settle-
ment 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 des-
ignated 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.
(12) The term ‘‘land management activity’’ means all activi-
ties, 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 pro-
grams 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 agri-
cultural pests;
(D) administration and supervision of agricultural leas-
ing 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 predomi-
nantly 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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H. R. 1425—4
(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 agricul-
tural 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 agri-
business, sources and use of credit and marketing of agricul-
tural 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 prac-
tices, and community goals as expressed in the tribal manage-
ment 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 Sec-
retary, the plan shall—
(i) determine available agriculture resources;
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H. R. 1425—5
(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 agen-
cies, 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 pertain-
ing 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 under-
taking 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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H. R. 1425—6
(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 agricul-
tural lands trespass; and
(3) set forth responsibilities and procedures for the assess-
ment 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 promul-
gated 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 enact-
ment 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 invest-
ment and management efforts for Indian trust and restricted agri-
cultural 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 improve-
ment, funding, and development needs for all Indian agricul-
tural 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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H. R. 1425—7
(c) IMPLEMENTATION.—Within one year after the date of enact-
ment 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 respon-
sible 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 appro-
priate 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 provi-
sion 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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