I
103D CONGRESS
1ST SESSION
H. R. 1425
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
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 Act of 1993’’.
SEC. 2. FINDINGS.
(a) 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 enhance Indian
rangelands and farmlands consistent with its fidu-
ciary obligation and its unique relationship with In-
dian 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) increased development and intensive man-
agement of Indian agricultural lands will produce in-
creased 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) meet the trust responsibility of the United
States and promote self-determination of Indian
tribes by managing Indian lands and related renew-
able resources in a manner consistent with identified
tribal goals and priorities and nationally adopted
multiple use and sustained yield principles;
(2) allow the Secretary to take part in the man-
agement of Indian agricultural lands, with the par-
ticipation of the lands’ beneficial owners, in a man-
ner consistent with the Secretary’s trust responsibil-
ity and with the objectives of the beneficial owners;
(3) provide for the development and manage-
ment of Indian agricultural lands at a level commen-
surate with the level of development and manage-
ment afforded to federally owned or controlled 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, natural resources, and land management
to improve the expertise and technical abilities of In-
dian tribes and their members.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘agricultural land’’ means land
that is used for the production of agricultural prod-
ucts, and lands occupied by industries that support
the agricultural community, regardless of whether a
formal inspection and land classification has been
taken. The term shall include farmlands and range-
lands.
(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, cultivated fish, or other animals specifi-
cally raised and utilized for food, 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 agricul-
tural lands.
(3) The term ‘‘agricultural resource’’ means—
(A) all the primary means of production,
including the land, soil, water, air, plants, wa-
tersheds, human resources, natural and physical
attributes and man-made developments, which
together comprise the agricultural community;
and
(B) all the benefits derived from agricul-
tural land and enterprises, including cultivated
and gathered food products, fibers, horticultural
products, dyes, cultural or religious condiments,
medicines, water, and other traditional values of
agriculture.
(4) The term ‘‘Bureau’’ means the Bureau of
Indian Affairs of the Department of the Interior.
(5) The term ‘‘farmland’’ means land that is
used for production of food, feed, fiber, forage and
oil seed crops, or other agricultural products, and
may be either dryland or irrigated.
(6) The term ‘‘Indian’’ means an individual
who is a member of an Indian tribe.
(7) The term ‘‘Indian land’’ means land that
is—
(A) held in trust by the United States for
an Indian or Indian tribe; or
(B) owned by an Indian or Indian tribe
and is subject to restrictions against alienation.
(8) 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, which is recognized as eligible for the special
programs and services provided by the United States
to Indian tribes because of their status as Indians.
(9) The term ‘‘land management activity’’
means all activities, accomplished in support of the
management of Indian agricultural land, including
but not limited to—
(A) preparation of inventories and manage-
ment plans;
(B) agricultural land and infrastructure
development, and the application of accepted
soil or range management techniques to im-
prove or restore the productive capacity of the
land;
(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 and
proper stocking rates of livestock, appraisal, ad-
vertisement, negotiation, contract preparation,
collecting, recording, and distributing 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 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.
(10) The term ‘‘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.
(11) The term ‘‘rangeland’’ means land on
which the native vegetation is predominantly
grasses, grass-like plants, forbs, or shrubs suitable
for grazing or browsing use, and includes lands
revegetated naturally or artificially to provide a for-
age cover that is managed like native vegetation.
Rangelands include natural grasslands, savannahs,
shrublands, most deserts, tundra, alpine commu-
nities, coastal marshes, and wet meadows.
(12) 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 ACTIVITIES.—The Secretary shall
undertake rangeland and farmland management activities
on Indian lands, either directly or through contracts, coop-
erative agreements, or grants as provided for under the
Indian Self-Determination Act.
(b) MANAGEMENT OBJECTIVES.—Indian rangeland
and farmland management activities undertaken by the
Secretary designed to achieve the following objectives:
(1) Protecting, conserving, utilizing, and en-
hancing rangelands and farmlands so that they are
in a perpetually productive state through the appli-
cation of sound agronomic and economic principles
to the planning, development, inventorying, classi-
fication, and management of agricultural resources.
(2) Increasing production and expanding the di-
versity and availability of agricultural products for
subsistence, income, and employment of Indians
through the development of renewable agricultural
resources.
(3) Managing agricultural resources to protect
and enhance other associated values such as wildlife,
fisheries, cultural resources, recreation; to regulate
water runoff; and to minimize soil erosion.
(4) Enabling 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) Developing Indian rangelands and farm-
lands and associated value-added industries of Indi-
ans and Indian tribes to promote self-sustaining
communities.
(c) INDIAN AGRICULTURAL RESOURCE MANAGE-
MENT PLANNING PROGRAM.—(1) The Secretary shall es-
tablish the Indian agricultural resource management plan-
ning program in order to achieve the objectives set forth
in subsection (b).
(2)(A) The Secretary shall provide for the develop-
ment of an agricultural resource management plan for any
interested Indian tribe. The plan shall be developed by the
tribe working cooperatively with the local personnel from
the Bureau. The tribe and the Bureau shall conduct a se-
ries of public meetings to determine and document the
specific tribal agricultural resource goals and objectives.
(B) The Secretary and the Indian tribe shall develop
a 10-year agricultural resource management plan to attain
the goals and objectives as developed pursuant to subpara-
graph (A). In the development of the 10-year plan, the
tribe shall rely on the public meeting records, existing sur-
veys, documents, reports and other research from Federal
agencies, tribal community colleges, and land grant insti-
tutions.
(3) The Secretary shall ensure that each plan con-
tains specific agriculture and land management programs
and activities which have been approved by tribal resolu-
tion.
(4) Tribal agricultural plans developed under this sec-
tion shall provide the direction to the Bureau and the In-
dian tribes in the management and administration of trib-
al agricultural resources and lands.
(5) The contract and grant provisions of the Indian
Self-Determination and Education Assistance Act shall be
applicable to the development of these management plans.
SEC. 102. INDIAN PARTICIPATION IN LAND MANAGEMENT
ACTIVITIES.
(a) TRIBAL RECOGNITION.—The Secretary shall con-
duct all land management activities on the lands of an
Indian tribe in accordance with goals and objectives set
forth by the Indian tribe and in accordance with all tribal
laws and ordinances except in specific instances where
such compliance would be a violation of trust responsibility
of the United States for Indian Trust Lands.
(b) TRIBAL LAWS.—Unless otherwise prohibited by
Federal law, the Secretary shall comply with adopted trib-
al laws and ordinances pertaining to Indian agriculture
lands, including laws regulating the environment, historic
or cultural preservation, and laws or ordinances adopted
by the tribal government to regulate land use or other ac-
tivities 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 request of an Indian tribe, require ap-
propriate Federal officials to appear in tribal fo-
rums.
(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 manage-
ment plan provided for in section 101, or with a tribal
law, the Secretary shall waive the application of such regu-
lation or administrative policy unless such waiver would
constitute a violation of a Federal statute or judicial deci-
sion or would conflict with his general trust responsibility
under Federal law.
SEC. 103. COMPARATIVE ANALYSIS OF INDIAN RANGELAND
AND FARMLAND AND MANAGEMENT PRO-
GRAMS.
(a) COMPARATIVE ANALYSIS.—Within 90 days after
the date of enactment of this Act, the Secretary shall as-
semble a 12 member Task Force consisting of 1 represent-
ative from each of the Bureau of Indian Affairs, the Bu-
reau of Land Management, the United States Park Serv-
ice, and a national Indian agriculture organization, and
8 representatives of Indian tribes to develop a comparative
analysis of Federal investment and management efforts
for Indian trust and restricted lands as compared to feder-
ally owned lands managed by other Federal agencies or
instrumentalities. The Secretary shall request the Sec-
retary 
of 
Agriculture 
to 
make 
available 
on 
a
nonreimbursable basis appropriate personnel from the De-
partment of Agriculture to assist in the development of
such analysis.
(b) PURPOSES.—The purposes of the comparative
analysis shall be—
(1) to establish a comprehensive assessment of
improvement, funding, and development needs for
each reservation and tribal jurisdiction with Indian
agricultural land;
(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 of Indian Af-
fairs; 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.
(c) IMPLEMENTATION.—Within 6 months from the
date of enactment of this Act, the Secretary shall provide
the Subcommittee on Native American Affairs of the Nat-
ural Resource Committee of the House of Representatives
and the Select 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 more than 9 months from
the date of enactment of this Act.
SEC. 104. LEASING OF INDIAN RANGELANDS AND FARM-
LANDS.
The Secretary—
(1) in accordance with a general policy estab-
lished by the tribal government having jurisdiction
over agricultural lands as set forth by a tribal reso-
lution on record with the Secretary—
(A) shall promote the use of such agricul-
tural lands by Indian people, and
(B) notwithstanding any other provision of
law, may approve any agricultural lease or per-
mit which contains a provision authorizing the
renewal or renewals of such lease or permit for
a period of years determined by the tribal gov-
ernment to be necessary to meet the purposes
of this Act, including any such lease or permit
with a tenure up to 10 years, or a tenure longer
than 10 years when, in the opinion of the Sec-
retary, such lease or permit requires substantial
investment in and development of the lands by
the lessee and such longer tenure is determined
by the Secretary to be in the best interest of
the landowners;
(2) may offer for lease or permit on the open
market only those lands which are surplus to the
needs of Indian communities; and
(3) may lease or permit agricultural lands for
rates which reflect local economy based rental rates
of less than the Federal appraisal when such action
would be in the best interest of the landowner, and
in such instances, when such land has been satisfac-
torily advertised for lease, the highest reasonable bid
shall be accepted.
TITLE II—EDUCATION IN
AGRICULTURE MANAGEMENT
SEC. 201. INDIAN AND ALASKA NATIVE AGRICULTURE MAN-
AGEMENT 
EDUCATION 
ASSISTANCE 
PRO-
GRAMS.
(a) NATURAL 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 in-
tern positions for Indian students enrolled in an agri-
culture study program.
(2) For purposes of this subsection, the term—
(A) ‘‘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) ‘‘agricultural resources intern positions’’
means positions established pursuant to paragraph
(1) for agricultural resources interns; and
(C) ‘‘agriculture study program’’ includes, but
is not limited to, agricultural engineering, agricul-
tural 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
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 1 year for each year of education for which the Sec-
retary pays the intern’s educational costs under paragraph
(3) of this subsection.