Airma

Page 755

(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate systems;
(C) tribal probation services, diversion programs, and alternative sentencing provisions;
(D) tribal juvenile services and multi-disciplinary protocols for child physical and
sexual abuse; and
(E) traditional tribal judicial practices,
traditional tribal justice systems, and traditional methods of dispute resolution.
(b) Consultation
In carrying out this section, the Attorney
General may consult with the Office of Tribal
Justice and any other appropriate tribal or Federal officials.
(c) Regulations
The Attorney General may promulgate such
regulations and guidelines as may be necessary
to carry out this subchapter.
(d) Authorization of appropriations
For purposes of carrying out the activities
under this section, there are authorized to be appropriated such sums as are necessary for fiscal
years 2000 through 2004.
(Pub. L. 106–559, title II, § 201, Dec. 21, 2000, 114
Stat. 2781.)
CHAPTER 39—AMERICAN INDIAN
AGRICULTURAL RESOURCE MANAGEMENT
Sec.

3701.
3702.
3703.

Findings.
Purposes.
Definitions.

SUBCHAPTER I—RANGELAND AND FARMLAND
ENHANCEMENT
3711.
3712.
3713.
3714.
3715.

Management of Indian rangelands and farmlands.
Indian participation in land management activities.
Indian agricultural lands trespass.
Assessment of Indian agricultural management programs.
Leasing of Indian agricultural lands.

SUBCHAPTER II—EDUCATION IN AGRICULTURE
MANAGEMENT
3731.
3732.
3733.
3734.

Indian and Alaska Native agriculture management education assistance programs.
Postgraduation recruitment, education and
training programs.
Cooperative agreement between Department
of the Interior and Indian tribes.
Obligated service; breach of contract.
SUBCHAPTER III—GENERAL PROVISIONS

3741.
3742.
3743.
3744.
3745.
3746.

§ 3703

TITLE 25—INDIANS

Regulations.
Trust responsibility.
Severability.
Federal, State and local authority.
Authorization of appropriations.
Tribal immunity.

§ 3701. 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 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.
(Pub. L. 103–177, § 2, Dec. 3, 1993, 107 Stat. 2011.)
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’.’’

§ 3702. Purposes
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.
(Pub. L. 103–177, § 3, Dec. 3, 1993, 107 Stat. 2011.)
§ 3703. Definitions
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;

§ 3711

TITLE 25—INDIANS

(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 manmade 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

Page 756

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.
(Pub. L. 103–177, § 4, Dec. 3, 1993, 107 Stat. 2012.)
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 (§ 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.

SUBCHAPTER I—RANGELAND AND
FARMLAND ENHANCEMENT
§ 3711. Management of Indian rangelands and
farmlands
(a) Management objectives
Consistent with the provisions of the Indian
Self-Determination and Education Assistance

Page 757

§ 3712

TITLE 25—INDIANS

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

§ 3712. Indian participation in land management
activities
(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.

§ 3713

TITLE 25—INDIANS

(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.
(Pub. L. 103–177, title I, § 102, Dec. 3, 1993, 107
Stat. 2015.)
§ 3713. Indian agricultural lands trespass
(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.
(Pub. L. 103–177, title I, § 103, Dec. 3, 1993, 107
Stat. 2015.)
§ 3714. Assessment of Indian agricultural management programs
(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-

Page 758

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

§ 3715. Leasing of Indian agricultural lands
(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.

Page 759

TITLE 25—INDIANS

(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.
(Pub. L. 103–177, title I, § 105, Dec. 3, 1993, 107
Stat. 2017; Pub. L. 103–435, § 12(a), Nov. 2, 1994, 108
Stat. 4572.)
AMENDMENTS
1994—Subsec. (b)(5). Pub. L. 103–435, § 12(a)(1), added
par. (5).
Subsec. (c)(1). Pub. L. 103–435, § 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.’’

§ 3731

SUBCHAPTER II—EDUCATION IN
AGRICULTURE MANAGEMENT
§ 3731. Indian and Alaska Native agriculture
management education assistance programs
(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

§ 3731

TITLE 25—INDIANS

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.

Page 760

(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 SelfDetermination 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.
(Pub. L. 103–177, title II, § 201, Dec. 3, 1993, 107
Stat. 2018.)
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 (§ 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.
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 So

in original. Probably should be ‘‘postsecondary’’.

Page 761

TITLE 25—INDIANS

‘‘(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);

§ 3731

‘‘(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

§ 3731

TITLE 25—INDIANS

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
PROJECT IS STILL

WHILE
THE
DEMONSTRATION
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 be-

Page 762

coming 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

Page 763

TITLE 25—INDIANS

(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.’’

§ 3732. Postgraduation recruitment, education
and training programs
(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.

§ 3734

(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.
(Pub. L. 103–177, title II, § 202, Dec. 3, 1993, 107
Stat. 2020.)
§ 3733. Cooperative agreement between Department of the Interior and Indian tribes
(a) Cooperative agreements
(1)(A) To facilitate the administration of the
programs and activities of the Department of
the 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.
(Pub. L. 103–177, title II, § 203, Dec. 3, 1993, 107
Stat. 2021.)
§ 3734. Obligated service; breach of contract
(a) Obligated service
Where an individual enters into an agreement
for obligated service in return for financial assistance under any provision of this subchapter,

§ 3741

TITLE 25—INDIANS

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.
(Pub. L. 103–177, title II, § 204, Dec. 3, 1993, 107
Stat. 2022.)
SUBCHAPTER III—GENERAL PROVISIONS

(Pub. L. 103–177, title III, § 304, Dec. 3, 1993, 107
Stat. 2022.)
§ 3745. Authorization of appropriations
(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.
(Pub. L. 103–177, title III, § 305, Dec. 3, 1993, 107
Stat. 2023.)
§ 3746. Tribal immunity
Nothing in this chapter shall be construed to
affect, modify, diminish, or otherwise impair the
sovereign immunity from suit enjoyed by Indian
tribes.
(Pub. L. 103–177, title III, § 306, as added Pub. L.
103–435, § 12(b), Nov. 2, 1994, 108 Stat. 4572.)

§ 3741. Regulations
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.
(Pub. L. 103–177, title III, § 301, Dec. 3, 1993, 107
Stat. 2022.)
§ 3742. Trust responsibility
Nothing in this chapter shall be construed
diminish or expand the trust responsibility
the United States toward Indian trust lands
natural resources, or any legal obligation
remedy resulting therefrom.

Page 764

to
of
or
or

(Pub. L. 103–177, title III, § 302, Dec. 3, 1993, 107
Stat. 2022.)
§ 3743. Severability
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.
(Pub. L. 103–177, title III, § 303, Dec. 3, 1993, 107
Stat. 2022.)
§ 3744. Federal, State and local authority
(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.

CHAPTER 40—INDIAN DAMS SAFETY
Sec.

3801.
3802.
3803.
3804.

Findings.
Definitions.
Dam Safety Maintenance and Repair Program.
Authorization of appropriations.

§ 3801. Findings
The Congress finds that—
(1) the Secretary of the Interior has identified 53 dams on Indian lands that present a
threat to human life in the event of a failure;
(2) because of inadequate attention in the
past to problems stemming from structural
deficiencies and regular maintenance requirements for dams operated by the Bureau of Indian Affairs, unsafe Bureau dams continue to
pose an imminent threat to people and property;
(3) many Bureau dams have maintenance deficiencies regardless of their current safety
condition classification and the deficiencies
must be corrected to avoid future threats to
human life and property;
(4) safe working dams on Indian lands are
necessary to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats;
and
(5) it is necessary to institute a regular dam
maintenance and repair program, utilizing the
expertise in the Bureau, Indian tribes, and
other Federal agencies.
(Pub. L. 103–302, § 2, Aug. 23, 1994, 108 Stat. 1560.)
SHORT TITLE
Section 1 of Pub. L. 103–302 provided that: ‘‘This Act
[enacting this chapter] may be cited as the ‘Indian
Dams Safety Act of 1994’.’’

§ 3802. Definitions
As used in this chapter: