[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1425 Reported in Senate (RS)]

                                                       Calendar No. 298

103d CONGRESS

  1st Session

                               H. R. 1425

_______________________________________________________________________

                                 AN ACT

To improve the management, productivity, and use of Indian agricultural 
                          lands and resources.

_______________________________________________________________________

            November 18 (legislative day, November 2), 1993

  Received; read twice and referred to the Committee on Indian Affairs

            November 18 (legislative day, November 2), 1993

                       Reported without amendment





                                                       Calendar No. 298
103d CONGRESS
  1st Session
                                H. R. 1425


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 18 (legislative day, November 2), 1993

  Received; read twice and referred to the Committee on Indian Affairs

            November 18 (legislative day, November 2), 1993

                Reported by Mr. Inouye without amendment

_______________________________________________________________________

                                 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 lands 
                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 
supercede 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.

            Passed the House of Representatives November 16, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                         Clerk.

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