-CITE-

25 USC CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE

MANAGEMENT 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

-HEAD-

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

-MISC1-

Sec.

3701. Findings.

3702. Purposes.

3703. Definitions.

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

3711. Management of Indian rangelands and farmlands.

(a) Management objectives.

(b) Indian agricultural resource management

planning program.

3712. Indian participation in land management activities.

(a) Tribal recognition.

(b) Tribal laws.

(c) Waiver of regulations.

(d) Sovereign immunity.

3713. Indian agricultural lands trespass.

(a) Civil penalties; regulations.

(b) Treatment of proceeds.

(c) Concurrent jurisdiction.

3714. Assessment of Indian agricultural management programs.

(a) Assessment.

(b) Purposes.

(c) Implementation.

3715. Leasing of Indian agricultural lands.

(a) Authority of Secretary.

(b) Authority of tribe.

(c) Rights of individual landowners.

SUBCHAPTER II - EDUCATION IN AGRICULTURE MANAGEMENT

3731. Indian and Alaska Native agriculture management

education assistance programs.

(a) Agricultural resources intern program.

(b) Cooperative education program.

(c) Scholarship program.

(d) Educational outreach.

(e) Adequacy of programs.

3732. Postgraduation recruitment, education and training

programs.

(a) Assumption of loans.

(b) Postgraduate intergovernmental internships.

(c) Continuing education and training.

3733. Cooperative agreement between Department of the

Interior and Indian tribes.

(a) Cooperative agreements.

(b) Supervision.

(c) Savings clause.

3734. Obligated service; breach of contract.

(a) Obligated service.

(b) Breach of contract; repayment.

SUBCHAPTER III - GENERAL PROVISIONS

3741. Regulations.

3742. Trust responsibility.

3743. Severability.

3744. Federal, State and local authority.

(a) Disclaimer.

(b) Duplication of services.

3745. Authorization of appropriations.

(a) General authorization.

(b) Funding source.

3746. Tribal immunity.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2218 of this title.

-End-

-CITE-

25 USC Sec. 3701 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

-HEAD-

Sec. 3701. Findings

-STATUTE-

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

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 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.

-SOURCE-

(Pub. L. 103-177, Sec. 2, Dec. 3, 1993, 107 Stat. 2011.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 103-177 provided that: "This Act [enacting

this chapter] may be cited as the 'American Indian Agricultural

Resource Management Act'."

-End-

-CITE-

25 USC Sec. 3702 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

-HEAD-

Sec. 3702. Purposes

-STATUTE-

The purposes of this chapter 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

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

beneficial 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

(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.

-SOURCE-

(Pub. L. 103-177, Sec. 3, Dec. 3, 1993, 107 Stat. 2011.)

-End-

-CITE-

25 USC Sec. 3703 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

-HEAD-

Sec. 3703. Definitions

-STATUTE-

For the purposes of this chapter:

(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 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

religious condiments, medicines, water, aesthetic, and other

traditional values of agriculture.

(4) The term "agricultural resource management plan" means a

plan developed under section 3711(b) of this title.

(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 3103(3) of this title.

(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 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 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 inventories, farmland and

rangeland management plans, and monitoring programs 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 agricultural pests;

(D) administration and supervision of agricultural leasing

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 predominantly

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.

(15) The term "Secretary" means the Secretary of the Interior.

-SOURCE-

(Pub. L. 103-177, Sec. 4, Dec. 3, 1993, 107 Stat. 2012.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par.

(10), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-End-

-CITE-

25 USC SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

-HEAD-

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

-End-

-CITE-

25 USC Sec. 3711 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

-HEAD-

Sec. 3711. Management of Indian rangelands and farmlands

-STATUTE-

(a) Management objectives

Consistent with the provisions of the Indian Self-Determination

and Education Assistance Act [25 U.S.C. 450 et seq.], 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 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 agribusiness,

sources and use of credit and marketing of agricultural 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 practices,

and community goals as expressed in the tribal management 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-governance 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

Secretary, the plan shall -

(i) determine available agriculture resources;

(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 agencies,

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.

-SOURCE-

(Pub. L. 103-177, title I, Sec. 101, Dec. 3, 1993, 107 Stat. 2014.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3703, 3712 of this title.

-End-

-CITE-

25 USC Sec. 3712 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

-HEAD-

Sec. 3712. Indian participation in land management activities

-STATUTE-

(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 pertaining 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

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

agricultural resource management plan provided for in section 3711

of this title, 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.

-SOURCE-

(Pub. L. 103-177, title I, Sec. 102, Dec. 3, 1993, 107 Stat. 2015.)

-End-

-CITE-

25 USC Sec. 3713 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

-HEAD-

Sec. 3713. Indian agricultural lands trespass

-STATUTE-

(a) Civil penalties; regulations

Not later than one year after December 3, 1993, the Secretary

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 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

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) of this section 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 chapter shall be construed to diminish the

sovereign authority of Indian tribes with respect to trespass.

-SOURCE-

(Pub. L. 103-177, title I, Sec. 103, Dec. 3, 1993, 107 Stat. 2015.)

-End-

-CITE-

25 USC Sec. 3714 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

-HEAD-

Sec. 3714. Assessment of Indian agricultural management programs

-STATUTE-

(a) Assessment

Within six months after December 3, 1993, 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 investment and management efforts

for Indian trust and restricted agricultural 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 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 available to the public at large.

(c) Implementation

Within one year after December 3, 1993, 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 December 3, 1993.

-SOURCE-

(Pub. L. 103-177, title I, Sec. 104, Dec. 3, 1993, 107 Stat. 2016.)

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Subcommittee on

Native American Affairs changed to Subcommittee on Native American

and Insular Affairs.

-End-

-CITE-

25 USC Sec. 3715 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT

-HEAD-

Sec. 3715. Leasing of Indian agricultural lands

-STATUTE-

(a) Authority of 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

responsible 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 tribe

When authorized by an appropriate 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;

(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; and

(5) shall approve leases and permits of tribally owned

agricultural lands at rates determined by the tribal governing

body.

(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 or Indian

tribe in the legal or beneficial use of his, her, or its own land

or to enter into an agricultural lease of the surface interest of

his, her, or its allotment or land 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 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.

(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) of this section 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 application of

all or any part of such tribal rules to the leasing of such parcel

of land.

-SOURCE-

(Pub. L. 103-177, title I, Sec. 105, Dec. 3, 1993, 107 Stat. 2017;

Pub. L. 103-435, Sec. 12(a), Nov. 2, 1994, 108 Stat. 4572.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(5). Pub. L. 103-435, Sec. 12(a)(1), added par.

(5).

Subsec. (c)(1). Pub. L. 103-435, Sec. 12(a)(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "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."

-End-

-CITE-

25 USC SUBCHAPTER II - EDUCATION IN AGRICULTURE

MANAGEMENT 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER II - EDUCATION IN AGRICULTURE MANAGEMENT

-HEAD-

SUBCHAPTER II - EDUCATION IN AGRICULTURE MANAGEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3745 of this title.

-End-

-CITE-

25 USC Sec. 3731 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER II - EDUCATION IN AGRICULTURE MANAGEMENT

-HEAD-

Sec. 3731. Indian and Alaska Native agriculture management

education assistance programs

-STATUTE-

(a) Agricultural resources intern program

(1) Notwithstanding the provisions of title 5 governing

appointments in the competitive 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 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 3113(a) of this title.

(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 positions" means

positions established pursuant to paragraph (1) for agricultural

resources interns; and

(C) the term "agriculture study program" includes (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 otherwise, all

costs for tuition, books, fees, and living expenses 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 Secretary 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

cooperative 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 positions with the Bureau or

other Federal agency providing Indian agricultural or related

services.

(2) The cooperative educational program under paragraph (1) shall

be modeled after, and shall have essentially the same features as,

the program in effect on December 3, 1993, pursuant to chapter 308

of the Federal Personnel Manual of the Office of Personnel

Management.

(3) The cooperative educational program shall include, among

others, the following:

(A) The Secretary shall continue the established specific

programs in agriculture and natural resources education at

Southwestern Indian Polytechnic Institute (SIPI) and at Haskell

Indian Junior College.

(B) The Secretary shall develop and maintain a cooperative

program with the tribally controlled community 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

Institute programs can be met through local program work at

participating tribally controlled community colleges.

(C) Working through tribally controlled community colleges and

in cooperation with land grant institutions, the Secretary shall

implement an informational 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 subjects of

importance in agricultural pursuits.

(D) Working through tribally controlled community colleges and

in cooperation with land grant institutions, the Secretary shall

implement research activities to improve the basis for

determining appropriate management measures to apply to Indian

agricultural 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 Indian student who -

(A) is enrolled in a course of study at an education

institution with which the Secretary has entered 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 resource assets.

(5) A recipient of assistance under the cooperative education

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 agriculture 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 agreement 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 recipients 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 entered into under the

Indian Self-Determination and Education Assistance Act [25 U.S.C.

450 et seq.]; 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 secondary (!1) 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 agricultural 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 Indian

agricultural resource managers to manage the Bureau agricultural

resource programs and programs maintained by or for Indian tribes.

-SOURCE-

(Pub. L. 103-177, title II, Sec. 201, Dec. 3, 1993, 107 Stat.

2018.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (c)(2)(B), is Pub. L. 93-638, Jan. 4, 1975,

88 Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-MISC1-

HASKELL INDIAN NATIONS UNIVERSITY AND SOUTHWESTERN INDIAN

POLYTECHNIC INSTITUTE ADMINISTRATIVE SYSTEMS

Pub. L. 105-337, Oct. 31, 1998, 112 Stat. 3171, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Haskell Indian Nations University

and Southwestern Indian Polytechnic Institute Administrative

Systems Act of 1998'.

"SEC. 2. FINDINGS.

"The Congress finds that -

"(1) the provision of culturally sensitive curricula for higher

education programs at Haskell Indian Nations University and the

Southwestern Indian Polytechnic Institute is consistent with the

commitment of the Federal Government to the fulfillment of treaty

obligations to Indian tribes through the principle of

self-determination and the use of Federal resources; and

"(2) giving a greater degree of autonomy to those institutions,

while maintaining them as an integral part of the Bureau of

Indian Affairs, will facilitate -

"(A) the transition of Haskell Indian Nations University to a

4-year university; and

"(B) the administration and improvement of the academic

program of the Southwestern Indian Polytechnic Institute.

"SEC. 3. DEFINITIONS; APPLICABILITY.

"(a) Definitions. - For purposes of this Act:

"(1) Secretary. - The term 'Secretary' means the Secretary of

the Interior.

"(2) Employee. - The term 'employee', with respect to an

institution named in subsection (b), means an individual employed

in or under such institution.

"(3) Eligible. - The term 'eligible' means an individual who

has qualified for appointment in the institution involved and

whose name has been entered on the appropriate register or list

of eligibles.

"(4) Demonstration project. - The term 'demonstration project'

means a project conducted by or under the supervision of an

institution named in subsection (b) to determine whether

specified changes in personnel management policies or procedures

would result in improved personnel management.

"(b) Applicability. - This Act applies to -

"(1) Haskell Indian Nations University, located in Lawrence,

Kansas; and

"(2) Southwestern Indian Polytechnic Institute, located in

Albuquerque, New Mexico.

"SEC. 4. AUTHORITY.

"(a) In General. - Each institution named in section 3(b) may

conduct a demonstration project in accordance with the provisions

of this Act. The conducting of any such demonstration project shall

not be limited by any lack of specific authority under title 5,

United States Code, to take the action contemplated, or by any

provision of such title or any rule or regulation prescribed under

such title which is inconsistent with the action, including any

provision of law, rule, or regulation relating to -

"(1) the methods of establishing qualification requirements

for, recruitment for, and appointment to positions;

"(2) the methods of classifying positions and compensating

employees;

"(3) the methods of assigning, reassigning, or promoting

employees;

"(4) the methods of disciplining employees;

"(5) the methods of providing incentives to employees,

including the provision of group or individual incentive bonuses

or pay;

"(6) the hours of work per day or per week;

"(7) the methods of involving employees, labor organizations,

and employee organizations in personnel decisions; and

"(8) the methods of reducing overall staff and grade levels.

"(b) Consultation and Other Requirements. - Before commencing a

demonstration project under this Act, the president of the

institution involved shall -

"(1) in consultation with the board of regents of the

institution and such other persons or representative bodies as

the president considers appropriate, develop a plan for such

project which identifies -

"(A) the purposes of the project;

"(B) the types of employees or eligibles to be included

(categorized by occupational series, grade, or organizational

unit);

"(C) the number of employees or eligibles to be included (in

the aggregate and by category);

"(D) the methodology;

"(E) the duration;

"(F) the training to be provided;

"(G) the anticipated costs;

"(H) the methodology and criteria for evaluation, consistent

with subsection (f );

"(I) a specific description of any aspect of the project for

which there is a lack of specific authority; and

"(J) a specific citation to any provision of law, rule, or

regulation which, if not waived, would prohibit the conducting

of the project, or any part of the project as proposed;

"(2) publish the plan in the Federal Register;

"(3) submit the plan so published to public hearing;

"(4) at least 180 days before the date on which the proposed

project is to commence, provide notification of such project to -

"(A) employees likely to be affected by the project; and

"(B) each House of Congress;

"(5) at least 90 days before the date on which the proposed

project is to commence, provide each House of Congress with a

report setting forth the final version of the plan; and

"(6) at least 60 days before the date on which the proposed

project is to commence, inform all employees as to the final

version of the plan, including all information relevant to the

making of an election under subsection (h)(2)(A).

"(c) Limitations. - No demonstration project under this Act may -

"(1) provide for a waiver of -

"(A) any provision of law, rule, or regulation providing for

-

"(i) equal employment opportunity;

"(ii) Indian preference; or

"(iii) veterans' preference;

"(B) any provision of chapter 23 of title 5, United States

Code, or any other provision of such title relating to merit

system principles or prohibited personnel practices, or any

rule or regulation prescribed under authority of any such

provision; or

"(C) any provision of subchapter II or III of chapter 73 of

title 5, United States Code, or any rule or regulation

prescribed under authority of any such provision;

"(2) impose any duty to engage in collective bargaining with

respect to -

"(A) classification of positions; or

"(B) pay, benefits, or any other form of compensation; or

"(3) provide that any employee be required to pay dues or fees

of any kind to a labor organization as a condition of employment.

"(d) Commencement and Termination Dates. - Each demonstration

project under this Act -

"(1) shall commence within 2 years after the date of enactment

of this Act [Oct. 31, 1998]; and

"(2) shall terminate by the end of the 5-year period beginning

on the date on which such project commences, except that the

project may continue beyond the end of such 5-year period -

"(A) to the extent necessary to validate the results of the

project; and

"(B) to the extent provided for under subsection (h)(2)(B).

"(e) Discretionary Authority To Terminate. - A demonstration

project under this Act may be terminated by the Secretary or the

president of the institution involved if either determines that the

project creates a substantial hardship on, or is not in the best

interests of, the institution and its educational goals.

"(f) Evaluation. -

"(1) In general. - The Secretary shall provide for an

evaluation of the results of each demonstration project under

this Act and its impact on improving public management.

"(2) Information. - Upon request of the Secretary, an

institution named in section 3(b) shall cooperate with and assist

the Secretary, to the extent practicable, in any evaluation

undertaken under this subsection and provide the Secretary with

requested information and reports relating to the conducting of

its demonstration project.

"(g) Role of the Office of Personnel Management. - Upon request

of the Secretary or the president of an institution named in

section 3(b), the Office of Personnel Management shall furnish

information or technical advice on the design, operation, or

evaluation, or any other aspect of a demonstration project under

this Act.

"(h) Applicability. -

"(1) In general. - Except as otherwise provided in this

subsection, all applicants for employment with, all eligibles and

employees of, and all positions in or under an institution named

in section 3(b) shall be subject to inclusion in a demonstration

project under this Act.

"(2) Provisions relating to certain benefits. -

"(A) Option for certain individuals to remain under current

law governing certain benefits. -

"(i) Eligible individuals. - This subparagraph applies in

the case of any individual who, as of the day before the date

on which a demonstration project under this Act is to

commence at an institution -

"(I) is an employee of such institution; and

"(II) if benefits under subchapter III of chapter 83 or

chapter 84 of title 5, United States Code, are to be

affected, has completed at least 1 year of Government service

(whether with such institution or otherwise), but taking into

account only civilian service creditable under subchapter III

of chapter 83 or chapter 84 of such title.

"(ii) Option. - If a demonstration project is to include

changes to any benefits under subpart G of part III of title

5, United States Code, an employee described in clause (i)

shall be afforded an election not to become subject to such

demonstration project, to the extent those benefits are

involved (and to instead remain subject to the provisions of

such subpart G as if this Act had not been enacted).

"(B) Continuation of certain alternative benefit systems

after demonstration project terminates for persons becoming

subject thereto under the project. - Notwithstanding any other

provision of this Act, the termination of a demonstration

project shall not, in the case of any employee who becomes

subject to a system of alternative benefits under this Act (in

lieu of benefits that would otherwise be determined under

subpart G of part III of title 5, United States Code), have the

effect of terminating -

"(i) any rights accrued by that individual under the system

of alternative benefits involved; or

"(ii) the system under which those alternative benefits are

afforded, to the extent continuation of such system beyond

the termination date is provided for under the terms of the

demonstration project (as in effect on the termination date).

"(3) Transition provisions. -

"(A) Retention of annual and sick leave accrued before

becoming subject to demonstration project. - Any individual

becoming subject to a demonstration project under this Act

shall, in a manner consistent with the requirements of section

6308 of title 5, United States Code, be credited with any

annual leave and any sick leave standing to such individual's

credit immediately before becoming subject to the project.

"(B) Provisions relating to credit for leave upon separating

while the demonstration project is still ongoing. - Any

demonstration project under this Act shall include provisions

consistent with the following:

"(i) Lump-sum credit for annual leave. - In the case of any

individual who, at the time of becoming subject to the

demonstration project, has any leave for which a lump-sum

payment might be paid under subchapter VI of chapter 55 of

title 5, United States Code, such individual shall, if such

individual separates from service (in the circumstances

described in section 5551 or 5552 of such title 5, as

applicable) while the demonstration project is still ongoing,

be entitled to a lump-sum payment under such section 5551 or

5552 (as applicable) based on the amount of leave standing to

such individual's credit at the time such individual became

subject to the demonstration project or the amount of leave

standing to such individual's credit at the time of

separation, whichever is less.

"(ii) Retirement credit for sick leave. - In the case of

any individual who, at the time of becoming subject to the

demonstration project, has any sick leave which would be

creditable under section 8339(m) of title 5, United States

Code (had such individual then separated from service), any

sick leave standing to such individual's credit at the time

of separation shall, if separation occurs while the

demonstration project is still ongoing, be so creditable, but

only to the extent that it does not exceed the amount of

creditable sick leave that stood to such individual's credit

at the time such individual became subject to the

demonstration project.

"(C) Transfer of leave remaining upon transfer to another

agency. - In the case of any employee who becomes subject to

the demonstration project and is subsequently transferred or

otherwise appointed (without a break in service of 3 days or

longer) to another position in the Federal Government or the

government of the District of Columbia under a different leave

system (whether while the project is still ongoing or

otherwise), any leave remaining to the credit of that

individual which was earned or credited under the demonstration

project shall be transferred to such individual's credit in the

new employing agency on an adjusted basis under regulations

prescribed under section 6308 of title 5, United States Code.

Any such regulations shall be prescribed taking into account

the provisions of subparagraph (B).

"(D) Collective-bargaining agreements. - Any

collective-bargaining agreement in effect on the day before a

demonstration project under this Act commences shall continue

to be recognized by the institution involved until the earlier

of -

"(i) the date occurring 3 years after the commencement date

of the project;

"(ii) the date as of which the agreement is scheduled to

expire (disregarding any option to renew); or

"(iii) such date as may be determined by mutual agreement

of the parties.

"SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.

"The Secretary shall, to the maximum extent consistent with

applicable law and subject to the availability of appropriations

therefor, delegate to the presidents of the respective institutions

named in section 3(b) procurement and contracting authority with

respect to the conduct of the administrative functions of such

institution.

"SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated, for fiscal year 1999,

and each fiscal year thereafter, to each of the respective

institutions named in section 3(b) -

"(1) the amount of funds made available by appropriations as

operations funding for the administration of such institution for

fiscal year 1998; and

"(2) such additional sums as may be necessary for the operation

of such institution pursuant to this Act.

"SEC. 7. REGULATIONS.

"The president of each institution named in section 3(b) may, in

consultation with the appropriate entities (referred to in section

4(b)(1)), prescribe any regulations necessary to carry out this

Act.

"SEC. 8. LEGISLATION TO MAKE CHANGES PERMANENT.

"Not later than 6 months before the date on which a demonstration

project under this Act is scheduled to expire, the institution

conducting such demonstration project shall submit to each House of

Congress -

"(1) recommendations as to whether or not the changes under

such project should be continued or made permanent; and

"(2) proposed legislation for any changes in law necessary to

carry out any such recommendations."

-FOOTNOTE-

(!1) So in original. Probably should be "postsecondary".

-End-

-CITE-

25 USC Sec. 3732 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER II - EDUCATION IN AGRICULTURE MANAGEMENT

-HEAD-

Sec. 3732. Postgraduation recruitment, education and training

programs

-STATUTE-

(a) Assumption of loans

The Secretary shall establish and maintain a program to attract

Indian professionals 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. According 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 Secretary 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 internships

For the purposes of training, skill development and orientation

of Indian and Federal agricultural management personnel, and the

enhancement of tribal and Bureau agricultural resource programs,

the Secretary shall establish and actively conduct a program for

the cooperative internship of Federal and Indian agricultural

resource personnel. Such program shall -

(1) for agencies within the Department of the Interior -

(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 agricultural resource

personnel from the other Department 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 agreement, internships within

the Bureau and, with the consent of the tribe, within a tribal

agricultural resource program of other agricultural resource

personnel 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 participating Indian

agricultural resource employees by the host agency; and

(5) provide for a bonus pay incentive at the conclusion of the

internship for any participant.

(c) Continuing education and training

The Secretary shall maintain a program within the Trust Services

Division of the Bureau for Indian agricultural resource personnel

which shall provide for -

(1) orientation training for Bureau agricultural resource

personnel in tribal-Federal relations and responsibilities;

(2) continuing technical agricultural resource education for

Bureau and Indian agricultural resource personnel; and

(3) development training of Indian agricultural resource

personnel in agricultural resource based enterprises and

marketing.

-SOURCE-

(Pub. L. 103-177, title II, Sec. 202, Dec. 3, 1993, 107 Stat.

2020.)

-End-

-CITE-

25 USC Sec. 3733 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER II - EDUCATION IN AGRICULTURE MANAGEMENT

-HEAD-

Sec. 3733. Cooperative agreement between Department of the Interior

and Indian tribes

-STATUTE-

(a) Cooperative agreements

(1)(A) To facilitate the administration of the programs and

activities of the Department of the Interior, the Secretary may

negotiate and enter into cooperative agreements with Indian tribes

to -

(i) engage in cooperative manpower and job training,

(ii) develop and publish cooperative agricultural education and

resource planning materials, and

(iii) perform land and facility improvements and other

activities related to land and natural resource management and

development.

(B) The Secretary may enter into these agreements 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 reimburse funds to contractors from

any appropriated funds available for similar kinds of work or by

furnishing or sharing materials, supplies, facilities, or equipment

without regard to the provisions of section 3324 of title 31

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 and sections 8101 through 8193 of title 5.

(c) Savings clause

Nothing in this chapter shall be construed to limit the authority

of the Secretary to enter into cooperative agreements otherwise

authorized by law.

-SOURCE-

(Pub. L. 103-177, title II, Sec. 203, Dec. 3, 1993, 107 Stat.

2021.)

-End-

-CITE-

25 USC Sec. 3734 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER II - EDUCATION IN AGRICULTURE MANAGEMENT

-HEAD-

Sec. 3734. Obligated service; breach of contract

-STATUTE-

(a) Obligated service

Where an individual enters into an agreement for obligated

service in return for financial assistance under any provision of

this subchapter, 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

terminates or fails to perform the duties of such employment, the

Secretary shall require a repayment of the financial assistance

provided, prorated for the amount of time of obligated 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 Secretary of the Treasury.

-SOURCE-

(Pub. L. 103-177, title II, Sec. 204, Dec. 3, 1993, 107 Stat.

2022.)

-End-

-CITE-

25 USC SUBCHAPTER III - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER III - GENERAL PROVISIONS

-End-

-CITE-

25 USC Sec. 3741 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3741. Regulations

-STATUTE-

Except as otherwise provided by this chapter, the Secretary shall

promulgate final regulations for the implementation of this chapter

within 24 months after December 3, 1993. All regulations

promulgated pursuant to this chapter shall be developed by the

Secretary with the participation of the affected Indian tribes.

-SOURCE-

(Pub. L. 103-177, title III, Sec. 301, Dec. 3, 1993, 107 Stat.

2022.)

-End-

-CITE-

25 USC Sec. 3742 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3742. Trust responsibility

-STATUTE-

Nothing in this chapter shall be construed to diminish or expand

the trust responsibility of the United States toward Indian trust

lands or natural resources, or any legal obligation or remedy

resulting therefrom.

-SOURCE-

(Pub. L. 103-177, title III, Sec. 302, Dec. 3, 1993, 107 Stat.

2022.)

-End-

-CITE-

25 USC Sec. 3743 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3743. Severability

-STATUTE-

If any provision of this chapter, or the application of any

provision of this chapter to any person or circumstance, is held

invalid, the application of such provision or circumstance and the

remainder of this chapter shall not be affected thereby.

-SOURCE-

(Pub. L. 103-177, title III, Sec. 303, Dec. 3, 1993, 107 Stat.

2022.)

-End-

-CITE-

25 USC Sec. 3744 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3744. Federal, State and local authority

-STATUTE-

(a) Disclaimer

Nothing in this chapter shall be construed to supersede 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 agencies to avoid duplication of programs and services

currently available to Indian tribes and landowners from other

sources.

-SOURCE-

(Pub. L. 103-177, title III, Sec. 304, Dec. 3, 1993, 107 Stat.

2022.)

-End-

-CITE-

25 USC Sec. 3745 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3745. Authorization of appropriations

-STATUTE-

(a) General authorization

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this chapter.

(b) Funding source

The activities required under subchapter II of this chapter may

only be funded from appropriations made pursuant to this chapter.

To the greatest extent possible, such activities shall be

coordinated with activities funded from other sources.

-SOURCE-

(Pub. L. 103-177, title III, Sec. 305, Dec. 3, 1993, 107 Stat.

2023.)

-End-

-CITE-

25 USC Sec. 3746 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3746. Tribal immunity

-STATUTE-

Nothing in this chapter shall be construed to affect, modify,

diminish, or otherwise impair the sovereign immunity from suit

enjoyed by Indian tribes.

-SOURCE-

(Pub. L. 103-177, title III, Sec. 306, as added Pub. L. 103-435,

Sec. 12(b), Nov. 2, 1994, 108 Stat. 4572.)

-End-