[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 1425 Enrolled Bill (ENR)]
H.R.1425
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To improve the management, productivity, and use of Indian agricultural
lands and resources.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``American Indian Agricultural Resource
Management Act''.

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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.

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The purposes of this Act are to--
(1) carry out the trust responsibility of the United States and
promote the self-determination of Indian tribes by providing for the
management of Indian agricultural lands and related renewable
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.

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For the purposes of this Act:
(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 101(b).
(5) The term ``Bureau'' means the Bureau of Indian Affairs of
the Department of the Interior.
(6) The term ``farmland'' means Indian land excluding Indian
forest land that is used for 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 304(3) of the National Indian Forest Resources Management
Act (25 U.S.C. 3103(3)).
(8) The term ``Indian'' means an individual who is a member of
an Indian tribe.
(9) The term ``Indian land'' means land that is--
(A) held in trust by the United States for an Indian tribe;
or
(B) owned by an Indian or Indian tribe and is subject to
restrictions against alienation.
(10) The term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, or other organized group or community, including any
Alaska Native village or regional corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), which is recognized as eligible for the
special programs and services 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.

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(a) Management Objectives.--Consistent with the provisions of the
Indian Self-Determination and Education Assistance Act, the Secretary
shall provide for the management of Indian agricultural lands to achieve
the following objectives:
(1) To protect, conserve, utilize, and maintain the highest
productive potential on Indian 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.

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TITLE I

-RANGELAND AND FARMLAND ENHANCEMENT

(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 101, 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.

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(a) Civil Penalties; Regulations.--Not later than one year after the
date of enactment of this Act, the Secretary shall issue regulations
that--
(1) establish civil penalties for the commission of trespass on
Indian agricultural lands, which 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)
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 Act shall be construed to
diminish the sovereign authority of Indian tribes with respect to
trespass.

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(a) Assessment.--Within six months after the date of enactment of
this Act, the Secretary, in consultation with affected Indian tribes,
shall enter into a contract with a non-Federal entity knowledgeable in
agricultural 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 the date of enactment of
this Act, 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 the date of enactment of this Act.

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(a) Authority of the Secretary.--The Secretary is authorized to--
(1) approve any agricultural lease or permit with (A) a tenure
of up to 10 years, or (B) a tenure longer than 10 years but not to
exceed 25 years 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 the 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; and
(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.
(c) Rights of Individual Landowners.--(1) Nothing in this section
shall be construed as limiting or altering the authority or right of an
individual allottee in the legal or beneficial use of his or her own
land or to enter into an agricultural lease of the surface interest of
his or her allotment under any other provision of law.
(2)(A) The owners of a majority interest in any trust or restricted
land are authorized to enter into an 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) 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.

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ASSISTANCE PROGRAMS.
(a) Agricultural Resources Intern Program.--(1) Notwithstanding the
provisions of title 5, United States Code, governing appointments in the
competitive service, the Secretary shall establish and maintain in the
Bureau or other appropriate office or bureau within the 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 314(a) of the National Indian Forest
Resources Management Act (25 U.S.C. 3113(a)).
(2) For purposes of this subsection--
(A) the term ``agricultural resources intern'' means an Indian
who--
(i) is attending an approved postsecondary school in a full-
time agriculture or related field, and
(ii) is appointed to one of the agricultural resources
intern positions established under paragraph (1);
(B) the term ``agricultural resources intern 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 the date of enactment of this Act 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; 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 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.

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TITLE II

-EDUCATION IN AGRICULTURE MANAGEMENT

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.
(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.

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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, United
States Code, 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, United States Code, and sections 8101 through 8193 of title 5,
United States Code.
(c) Savings Clause.--Nothing in this Act shall be construed to limit
the authority of the Secretary to enter into cooperative agreements
otherwise authorized by law.

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(a) Obligated Service.--Where an individual enters into an agreement
for obligated service in return for financial assistance under any
provision of this title, 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.

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Except as otherwise provided by this Act, the Secretary shall
promulgate final regulations for the implementation of this Act within
24 months after the date of enactment of this Act. All regulations
promulgated pursuant to this Act shall be developed by the Secretary
with the participation of the affected Indian tribes.

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TITLE III

-GENERAL PROVISIONS

Nothing in this Act 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.

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If any provision of this Act, or the application of any provision of
this Act to any person or circumstance, is held invalid, the application
of such provision or circumstance and the remainder of this Act shall
not be affected thereby.

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(a) Disclaimer.--Nothing in this Act 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.

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(a) General Authorization.--There are authorized to be appropriated
such sums as may be necessary to carry out the purposes of this Act.
(b) Funding Source.--The activities required under title II may only
be funded from appropriations made pursuant to this Act. To the greatest
extent possible, such activities shall be coordinated with activities
funded from other sources.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

33c6e577aced270be5a6b531c9129a4af192aeaba8b7e45a10bce365798ee08e

American Indian Agricultural Act of 1993 — HR. 1425

Other Sections

TITLE I

TITLE II

TITLE III

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