II
Calendar No. 298
103D CONGRESS
1ST SESSION
H. R. 1425
IN THE SENATE OF THE UNITED STATES
NOVEMBER 18 (legislative day, NOVEMBER 2), 1993
Received; read twice and referred to the Committee on Indian Affairs
NOVEMBER 18 (legislative day, NOVEMBER 2), 1993
Reported by Mr. INOUYE without amendment
AN ACT
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 In-
dian 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 man-
agement of Indian agricultural lands and will
produce increased economic returns, enhance Indian
self-determination, promote employment opportuni-
ties, 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
Indian 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 bene-
ficial owners;
(3) provide for the development and manage-
ment 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
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 range-
land, but excluding Indian forest land, that is used
for the production of agricultural products, and In-
dian lands occupied by industries that support the
agricultural community, regardless of whether a for-
mal inspection and land classification has been con-
ducted.
(2) The term ‘‘agricultural product’’ means—
(A) crops grown under cultivated condi-
tions 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 uti-
lized 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
agricultural lands and enterprises, including
cultivated and gathered food products, fibers,
horticultural products, dyes, cultural or reli-
gious condiments, medicines, water, aesthetic,
and other traditional values of agriculture.
(4) The term ‘‘agricultural resource manage-
ment 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 produc-
tion 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 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
eligible for the special programs and services pro-
vided by the United States to Indians because of
their status as Indians.
(11) The term ‘‘integrated resource manage-
ment 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
designated resources that may include (but not be
limited to) water, fish, wildlife, forestry, agriculture,
minerals, and recreation, 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 activities, accomplished in support of the
management of Indian agricultural lands, including
(but not limited to)—