SEC. 103. INDIAN AGRICULTURAL LANDS TRESPASS.
(a) CIVIL PENALTIES; REGULATIONS.—Not later than
one year after the date of enactment of this Act, the Sec-
retary shall issue regulations that—
(1) establish civil penalties for the commission of
trespass on Indian agricultural lands, which provide
for—
(A) collection of the value of the products il-
legally 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 ex-
amination and survey, damage appraisal, inves-
tigation assistance and reports, witness expenses,
demand letters, court costs, and attorney 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 pro-
ceeds 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 pursu-
ant 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 dimin-
ish 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 manage-
ment on Federal and private lands to conduct an independ-
ent 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 re-
stricted agricultural lands as compared to federally-owned
lands managed by other Federal agencies or instrumental-
ities 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 avail-
able 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 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 re-
quired by this section and shall file a final report with the
Congress not later than 18 months after the date of enact-
ment 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 de-
velopment 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 Fed-
eral 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 pol-
icy for leasing of Indian agricultural lands, the Secretary—
(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 agricul-
tural 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 un-
divided 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) Noth-
ing 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 agricul-
tural 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.
(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 appli-
cation 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 MAN-
AGEMENT 
EDUCATION 
ASSISTANCE 
PRO-
GRAMS.
(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 Depart-
ment 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 posi-
tions’’ means positions established pursuant to para-
graph (1) for agricultural resources interns; and
(C) the term ‘‘agriculture study program’’ in-
cludes (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 oth-
erwise, all costs for tuition, books, fees, and living expenses
incurred by an agricultural resources intern while attend-
ing 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 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 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 related posi-
tions 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 Fed-
eral Personnel Manual of the Office of Personnel Manage-
ment.
(3) The cooperative educational program shall include,
among others, the following:
(A) The Secretary shall continue the established
specific programs in agriculture and natural re-
sources education at Southwestern Indian Polytechnic
Institute (SIPI) and at Haskell Indian Junior Col-
lege.
(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 Insti-
tute programs can be met through local program work
at 
participating 
tribally 
controlled 
community
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 sub-
jects of importance in agricultural pursuits.
(D) Working through tribally controlled commu-
nity colleges and in cooperation with land grant in-
stitutions, the Secretary shall implement research ac-
tivities to improve the basis for determining appro-
priate management measures to apply to Indian ag-
ricultural 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 In-
dian 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 management
of Indian rangelands, farmlands, or other natural re-
source assets.
(5) A recipient of assistance under the cooperative edu-
cation 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).
(c) SCHOLARSHIP PROGRAM.—(1) The Secretary may
grant scholarships to Indians enrolled in accredited agri-
culture related programs for postsecondary and graduate
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 resource
related services to Indians or Indian tribes;
(B) an agriculture or related program conducted
under a contract, grant, or cooperative agreement en-
tered 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 sec-
ondary 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 agri-
cultural 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 In-
dian 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 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 Bureau
agriculture or related programs or, subject to the approval
of the tribe, in tribal agriculture or related programs. Ac-
cording 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 Sec-
retary 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 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 es-
tablish and actively conduct a program for the cooperative
internship of Federal and Indian agricultural resource per-
sonnel. Such program shall—
(1) for agencies within the Department of the In-
terior—
(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 agricul-
tural resource personnel from the other Depart-
ment 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 agree-
ment, internships within the Bureau and, with the
consent of the tribe, within a tribal agricultural re-
source program of other agricultural resource person-
nel 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 partici-
pating Indian agricultural resource employees by the
host agency; and
(5) provide for a bonus pay incentive at the con-
clusion of the internship for any participant.
(c) CONTINUING EDUCATION
AND TRAINING.—The
Secretary shall maintain a program within the Trust Serv-
ices Division of the Bureau and Indian agricultural re-
source personnel which shall provide for—
(1) orientation training for Bureau agricultural
resource personnel in tribal-Federal relations and re-
sponsibilities;
(2) continuing technical agricultural resource
education for Bureau and Indian agricultural re-
source personnel; and
(3) development training of Indian agricultural
resource personnel in agricultural resource based en-
terprises and marketing.
SEC. 203. COOPERATIVE AGREEMENT BETWEEN THE DE-
PARTMENT 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 In-
terior, the Secretary may negotiate and enter into co-
operative agreements with Indian tribes to—
(i) engage in cooperative manpower and job
training,
(ii) develop and publish cooperative agricul-
tural education and resource planning materials,
and
(iii) perform land and facility improve-
ments and other activities related to land and
natural resource management and development.
(B) The Secretary may enter into these agree-
ments 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 reim-
burse funds to contractors from any appropriated
funds available for similar kinds of work or by fur-
nishing 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 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 en-
ters 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 ter-
minates or fails to perform the duties of such employment,
the Secretary shall require a repayment of the financial as-
sistance provided, prorated for the amount of time of obli-
gated 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 Sec-
retary 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 18 months after the date of enactment
of this Act. All regulations promulgated pursuant to this
Act shall be developed by the Secretary with the participa-
tion 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 obliga-
tion 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 con-
strued to supercede 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 agen-
cies to avoid duplication of programs and services currently
available to Indian tribes and landowners from other
sources.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
may be necessary to carry out the purposes of this Act.
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