[Congressional Bills 103th Congress]
[From the U.S. Government Publishing 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    The Congress finds and declares that--
        (1) the United States and Indian tribes have a government to 
    government relationship;
        (2) the United States has a trust responsibility to protect, 
    conserve, utilize, and manage Indian 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.

SEC. 3. PURPOSES.

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

SEC. 4. DEFINITIONS.

    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.
               TITLE I--RANGELAND AND FARMLAND ENHANCEMENT

SEC. 101. MANAGEMENT OF INDIAN RANGELANDS AND FARMLANDS.

    (a) Management Objectives.--Consistent with the provisions of the 
Indian Self-Determination and 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.

SEC. 102. 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 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.

SEC. 103. INDIAN AGRICULTURAL LANDS TRESPASS.

    (a) Civil Penalties; Regulations.--Not later than one year after the 
date of enactment of this Act, the Secretary shall issue regulations 
that--
        (1) establish civil penalties for the commission of trespass on 
    Indian agricultural lands, which 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.
    SEC. 104. ASSESSMENT OF INDIAN AGRICULTURAL MANAGEMENT PROGRAMS.
    (a) Assessment.--Within six months after the date of enactment of 
this Act, the Secretary, in consultation with affected Indian tribes, 
shall enter into a contract with a non-Federal entity knowledgeable in 
agricultural 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.

SEC. 105. LEASING OF INDIAN AGRICULTURAL LANDS.

    (a) Authority of the Secretary.--The Secretary is authorized to--
        (1) approve any agricultural lease or permit with (A) a tenure 
    of up to 10 years, or (B) a tenure longer than 10 years but not to 
    exceed 25 years 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.
              TITLE II--EDUCATION IN AGRICULTURE MANAGEMENT
    SEC. 201. INDIAN AND ALASKA NATIVE AGRICULTURE MANAGEMENT EDUCATION 
      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.
    SEC. 202. 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.
    (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.
    SEC. 203. COOPERATIVE AGREEMENT BETWEEN THE 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, 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.

SEC. 204. 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 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.
                      TITLE III--GENERAL PROVISIONS

SEC. 301. REGULATIONS.

    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.

SEC. 302. TRUST RESPONSIBILITY.

    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.

SEC. 303. SEVERABILITY.

    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.

SEC. 304. FEDERAL, STATE AND LOCAL AUTHORITY.

    (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.

SEC. 305. 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 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.