IIA
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
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;
(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)—
(A) preparation of soil and range inven-
tories, farmland and rangeland management
plans, and monitoring programs to evaluate
management plans;
(B) agricultural lands and on-farm irriga-
tion delivery system development, and the appli-
cation of state of the art, soil and range con-
servation 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 pro-
grams to control noxious weeds, undesirable
vegetation, and vertebrate or invertebrate agri-
cultural pests;
(D) administration and supervision of agri-
cultural leasing and permitting activities, in-
cluding determination of proper land use, carry-
ing capacities, and proper stocking rates of live-
stock, 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 relat-
ed 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 graz-
ing or browsing use, and includes lands revegetated
naturally 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 Edu-
cation Assistance Act, the Secretary shall provide for the
management 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 wild-
life, 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
products, 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 MANAGE-
MENT PLANNING PROGRAM.—(1) To meet the manage-
ment objectives of this section, a 10-year Indian agri-
culture 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 de-
velop 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 devel-
opment 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 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 ho-
listic 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, exist-
ing survey documents, reports, and other re-
search 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
developed 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 accord-
ance 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 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 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
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 major-
ity 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 ap-
plication of all or any part of such tribal rules to the leas-
ing 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
PRO-
GRAM.—(1) Notwithstanding the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, the Secretary shall establish and maintain
in the Bureau or other appropriate office or bureau within
the Department of the Interior at least 20 agricultural re-
sources intern positions for Indian and Alaska Native stu-
dents enrolled in an agriculture study program. Such posi-
tions 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 po-
sitions’’ means positions established pursuant to
paragraph (1) for agricultural resources interns; and
(C) the term ‘‘agriculture study program’’ in-
cludes (but is not limited to) agricultural engineer-
ing, agricultural economics, animal husbandry, ani-
mal science, biological sciences, geographic informa-
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