[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 410 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 410

 To establish within the Bureau of Indian Affairs a program to improve 
   the management of rangelands and farmlands and the production of 
    agricultural resources on Indian lands, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 18 (legislative day, January 5), 1993

  Mr. Daschle (for himself, Mr. Inouye, Mr. McCain, Mr. Cochran, Mr. 
Simon, and Mr. DeConcini) introduced the following bill; which was read 
      twice and referred to the Select Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish within the Bureau of Indian Affairs a program to improve 
   the management of rangelands and farmlands and the production of 
    agricultural resources on Indian lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Indian 
Agricultural Resources Management Act of 1993''.
    (b) Table of Contents.--

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
              TITLE II--RANGELAND AND FARMLAND ENHANCEMENT

Sec. 201. Management of Indian rangelands and farmlands.
Sec. 202. Indian participation in land management activities.
Sec. 203. Comparative analysis of Indian rangeland and farmland 
                            management programs.
Sec. 204. Leasing of Indian rangelands and farmlands.
  TITLE III--EDUCATION IN AGRICULTURE AND NATURAL RESOURCE MANAGEMENT

Sec. 301. Establishment of Indian and Alaska Native agriculture and 
                            natural resources management education 
                            assistance program.
Sec. 302. Postgraduation recruitment, education and training programs.
Sec. 303. Cooperative agreement between the Department of the Interior 
                            and Indian tribes.
Sec. 304. Obligated service; breach of contract.
               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorizations.
                         TITLE V--MISCELLANEOUS

Sec. 501. Regulations.
Sec. 502. Severability.
Sec. 503. Trust responsibility.
Sec. 504. Miscellaneous.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    (a) Findings.--The Congress finds and declares that--
            (1) Indian rangelands and farmlands are renewable and 
        manageable natural resources that are among the most valuable 
        Indian assets and are vital to the economic and social welfare 
        of individual Indians and Indian tribes.
            (2) Increased development and intensive management of 
        Indian rangelands and farmlands 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.
            (3) The United States has a trust responsibility to 
        protect, conserve and enhance Indian rangelands and farmlands 
        consistent with its fiduciary obligation and its unique 
        relationship with Indian tribes and extends to all Federal 
        agencies.
            (4) Existing Federal laws do not sufficiently assure the 
        adequate and necessary trust management of Indian rangelands 
        and farmlands.
            (5) The Federal investment in, and the management of Indian 
        rangelands and farmlands is significantly below the level of 
        investment in, and management of, rangelands and farmlands 
        under the administration of the Bureau of Lands Management, 
        Bureau of Reclamation, the National Forest Service, and private 
        landowners.
            (6) The beneficial use of Indian rangelands and farmlands 
        by Indians is in serious decline throughout Indian country.
            (7) Despite the Federal policy of Indian self-
        determination, Federal laws and policies have limited the 
        authority and ability of tribal governments and Indian 
        communities to develop land-based programs on the basis of 
        local priorities.

SEC. 102. PURPOSES.

    The purposes of this Act are to:
            (1) Promote and increase and enable the opportunities for 
        Indian use of their own resources so as to use Indian natural 
        and human resources to achieve tribal goals, to decrease idle 
        or underutilized land, reverse the damaging long-term losses in 
        productivity and land values, and increase local employment 
        opportunities, community income, and social stability.
            (2) Safeguard the investments made in Indian rangelands and 
        farmlands and agricultural enterprises and provide adequate, 
        stable, and secure authority for the protection, conservation, 
        utilization, and enhancement of Indian rangeland and farmland 
        resources.
            (3) Support and improve tribal self-determination by 
        authorizing and facilitating the active tribal participation in 
        the management decisionmaking processes on the allocation and 
        use of local natural resources.
            (4) Improve Indian access to Federal agriculture, rural 
        development and related programs which are available to the 
        American society at large through the various departments of 
        the Federal Government.
            (5) Provide for the development and management of Indian 
        rangelands and farmlands at a level at least commensurate with 
        the level of development and management afforded to federally 
        owned or controlled lands.
            (6) Meet the trust responsibility of the United States and 
        promote self-determination of Indian tribes by managing Indian 
        rangelands and farmlands and related renewable resources in a 
        manner consistent with identified tribal goals and priorities, 
        and nationally adopted multiple use and sustained yield 
        principles.
            (7) Increase the educational and training opportunities 
        available to Indian people and communities in the practical, 
        technical and professional aspects of agriculture, natural 
        resources, and land management to improve local expertise and 
        technical abilities and create a cadre of professional Indian 
        agriculture resource managers who can provide leadership to the 
        tribal, Federal and private sectors on Indian land and resource 
        management issues.

SEC. 103. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``agricultural land'' means Indian land, 
        excluding Indian forest land, that is used for the production 
        of agricultural products, and lands occupied by industries that 
        support the agricultural community, regardless of whether a 
        formal inspection and land classification has been taken.
            (2) The term ``agricultural resource'' means--
                    (A) all the primary means of production, including 
                the land, soil, water, air, plant communities, 
                watersheds, climate, human resources, natural physical 
                attributes and man-made developments which together 
                comprise the agricultural community; and
                    (B) all the benefits derived from agricultural land 
                and enterprises, including cultivated and gathered food 
                products, fibers, horticultural products, dyes, 
                cultural or religious condiments, medicines, water, 
                cultivated fisheries, wildlife, recreation, aesthetic 
                and other traditional values of agriculture and 
                rangelands.
            (3) 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, Alaska reindeer, fowl, 
                cultivated fish, or other animals specifically raised 
                and utilized for food, fiber, or as a 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;
                    (D) naturally occurring noncultivated plants and 
                animals gathered for commercial sale, personal use, 
                cultural or religious activities or for other purposes 
                such as use in teas, medicines, as herbs or spices, for 
                decoration, or for traditional purposes; and
                    (E) other marketable or traditionally used 
                materials authorized for removal from agricultural 
                lands.
            (4) The term ``land management activity'' means all 
        activities, accomplished in support of the management of Indian 
        agricultural land, including but not limited to--
                    (A) preparation of inventories and management 
                plans;
                    (B) agricultural land and infrastructure 
                development, and the application of accepted soil or 
                range management techniques to improve or restore the 
                productive capacity of the land;
                    (C) protection against agricultural pests, 
                including development, implementation, and evaluation 
                of integrated pest management programs to control 
                noxious weeds, undesirable vegetation, vertebrate or 
                invertebrate agricultural pests;
                    (D) administration and supervision of agricultural 
                leasing and permitting activities, including 
                determination of proper land use 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 community, tribal and 
                land grant colleges in developing and implementing 
                curriculum for vocational, technical and professional 
                course work.
            (5) The term ``farmland'' means Indian land, excluding 
        Indian forest land, that is used for production of food, feed, 
        fiber, forage and oil seed crops, or other agricultural 
        products, and may be either dryland or irrigated.
            (6) The term ``rangeland'' means Indian land, excluding 
        Indian forest land, on which the native vegetation is 
        predominantly grasses, grass-like plants, forbs or shrubs 
        suitable for grazing or browsing use, and includes lands 
        revegetated naturally or artificially to provide a forage cover 
        that is managed like native vegetation. Rangelands include 
        natural grasslands, savannahs, shrublands, most deserts, 
        tundra, alpine communities, coastal marshes and wet meadows.
            (7) The term ``forest land'' means Indian forest land as 
        defined in section 304(3) of Public Law 101-630.
            (8) The term ``Indian'' means a Native American or Alaska 
        Native who is a member of an Indian tribe, as defined in 
        section 4 of the Indian SelfDetermination and Education 
        Assistance Act (25 U.S.C. 450b).
            (9) The term ``Indian tribe'' means any Indian tribe, band, 
        nation, rancheria, pueblo, or other organized dependent Indian 
        group or community, including any Alaska Native village or 
        regional or village corporation as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b).
            (10) The term ``Indian land'' means land that is--
                    (A) held in trust by the United States for an 
                Indian or Indian tribe;
                    (B) owned by an Indian or Indian tribe and is 
                subject to restrictions against alienation; or
                    (C) dependent Indian communities.
            (11) The term ``landowner'' means the Indian or Indian 
        tribe that--
                    (A) owns such land, or
                    (B) is the beneficiary of the trust under which 
                such land is held by the United States.
            (12) The term ``Secretary'' means the Secretary of the 
        Interior, except where otherwise specifically designated.
            (13) The term ``Indian enterprise'' means an enterprise--
                    (A) which--
                            (i) is engaged in construction (within the 
                        meaning of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 450 et 
                        seq.)), and is entirely owned by Indians, or 
                        Indian tribes, that receive 100 percent of the 
                        profits of the enterprise; and
                            (ii) is engaged in any business other than 
                        construction and at least 51 percent of the 
                        enterprise is owned by Indians, or Indian 
                        tribes, that receive not less than 51 percent 
                        of the profits of the enterprise; or
                    (B) which--
                            (i) is entirely owned by an Indian tribe; 
                        or
                            (ii) has an Indian owner who--
                                    (I) acts as the chief executive 
                                officer of the enterprise; and
                                    (II) has the experience and 
                                training to manage, and does in fact 
                                manage, day-to-day activities of the 
                                enterprise.

              TITLE II--RANGELAND AND FARMLAND ENHANCEMENT

SEC. 201. MANAGEMENT OF INDIAN RANGELANDS AND FARMLANDS.

    (a) Management Activities.--Pursuant to existing law, the Secretary 
shall manage Indian rangelands and farmlands, either directly or 
through cooperative agreements, self-determination contracts, compacts 
and grants under the Indian Self-Determination and Education Assistance 
Act (Act of January 4, 1975; Public Law 93-638; 88 Stat. 2204; 25 
U.S.C. 450b), or such other legal mechanisms as are appropriate.
    (b) Management Objectives.--Indian rangeland and farmland 
management activities shall be designed to achieve the following 
objectives--
            (1) to protect, conserve, utilize, and enhance rangelands 
        and farmlands in a perpetually productive state through the 
        application of sound agronomic and economic principles to the 
        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;
            (3) to manage agricultural resources to protect and enhance 
        other values such as wildlife, fisheries, cultural resources, 
        recreation, and regulate water runoff and minimize soil 
        erosion;
            (4) to enable 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, marketing of 
        agricultural products, and other applicable subject areas;
            (5) to develop Indian rangelands and farmlands and 
        associated value-added industries of Indians and Indian tribes 
        to promote self-sustaining communities, and so that Indians may 
        receive from their trust lands not only lease value, but also 
        the benefit of the labor and profit that such land is capable 
        of producing; and
            (6) to assist trust and restricted landowners in leasing 
        their farmland and rangeland 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.
    (c) Management Plans.--To achieve the objectives set forth in 
subsections (a) and (b), the Secretary, with full and active 
consultation with, and policy direction from, the tribe or tribes to be 
served and consistent with his trust responsibility, shall immediately 
embark on a reservation-by-reservation agricultural land resource 
management planning program encompassing or reflecting the following:
            (1) A closed-term three-year effort conducted at the local 
        tribe and agency level working through the governments of the 
        tribes and in public meetings to determine and document the 
        specific agriculture and land resource goals and desires of the 
        local tribe and community.
            (2) The defined goals as the basis in creating a ten-year 
        agriculture program and land management plans to attain the 
        goals defined for community lands and reservations by using 
        public meetings, existing surveys, reports, local knowledge of 
        the land and resources available from Federal agencies, tribal 
        community colleges, and land grant institutions.
            (3) A mechanism for assuring that the result of this three-
        year program will be specific, documented agriculture and land 
        management programs, created and approved by the effected tribe 
        or tribes, which address specific community concerns for land 
        use and development. The individual reservation or tribal 
        agricultural management planning documents will provide the 
        direction to the Bureau of Indian Affairs and the tribes in the 
        management and administration of the Indian owned agricultural 
        trust resources. These program documents will also provide the 
        basis for the application of Indian self-determination 
        contracting of Agriculture and Natural Resource Programs under 
        the Indian Self-Determination and Education Assistance Act.
            (4) The contract and grant provisions of the Indian Self-
        Determination and Education Assistance Act shall be applicable 
        to the development of these management plans.

SEC. 202. INDIAN PARTICIPATION IN LAND MANAGEMENT ACTIVITIES.

    (a) Tribal Recognition.--The Secretary shall recognize tribal 
governments as the governmental entities with the authority to enact 
and enforce, for lands under their jurisdiction, land use planning, 
zoning, and other land use ordinances and shall conduct all land 
management activities in accordance with tribal goals and objectives as 
set forth in the land management plans and tribal laws and ordinances.
    (b) Tribal Laws.--Unless otherwise prohibited by Federal law, the 
Secretary shall comply with tribal laws pertaining to Indian 
agricultural lands, including zoning and land use laws, and laws 
regulating the environment or historic or cultural preservation, and 
shall cooperate with the enforcement of such laws on Indian 
agricultural lands. Such cooperation shall include--
            (1) assistance in the enforcement of such laws;
            (2) provision of notice of such laws to persons or entities 
        undertaking activities on Indian agricultural lands; and
            (3) upon request of an Indian tribe, an appearance 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 
or impedes--
            (1) meeting the objectives of the management plan provided 
        for in section 201; or
            (2) conflicts with a tribal law,
the Secretary shall 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) This section does not constitute a waiver of the sovereign 
immunity of the United States. Moreover, this section does not 
authorize tribal courts to review actions of the Secretary.

SEC. 203. COMPARATIVE ANALYSIS OF INDIAN RANGELAND AND FARMLAND 
              MANAGEMENT PROGRAMS.

    (a) Comparative Analysis.--Within 90 days after the date of 
enactment of this Act, the Secretary shall assemble a Task Force 
consisting of appropriate officials of Indian tribal governments, the 
Bureau of Indian Affairs, the Bureau of Land Management, the United 
States Park Service, the Inter-Tribal Agriculture Council, the 
Southwest Inter-Tribal Agriculture Council, and such other 
nongovernmental persons or entities as the Secretary may deem 
appropriate to develop a comparative analysis of Federal investment and 
management efforts for Indian agricultural trust lands as compared to 
federally owned lands managed by other Federal agencies or 
instrumentalities. The Secretary shall request the Secretary of 
Agriculture to make available on a nonreimbursable basis appropriate 
personnel from the Department of Agriculture to assist in the 
development of such analysis.
    (b) Purposes.--The purposes of the comparative analysis and the 
Survey Instrument shall be--
            (1) to establish a comprehensive assessment of the needs 
        for management improvement, funding, and development needs for 
        each reservation with Indian rangeland and farmland;
            (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 of 
        Indian Affairs;
            (3) to identify and to recommend mitigation measures for 
        any obstacles to Indian access to Federal or private programs 
        relating to agriculture or related rural development programs 
        available to the American public at large; and
            (4) to provide guidance in the development of the 
        management plans required under the provisions of section 201 
        of this Act.
    (c) Implementation.--Within six months from the date of enactment 
of this Act, the Secretary shall provide the Committee on Interior and 
Insular Affairs of the House of Representatives and the Select 
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 more than nine months 
from the date of enactment of this Act.

SEC. 204. LEASING OF INDIAN RANGELANDS AND FARMLANDS.

    (a) Authority of the Secretary.--The Secretary--
            (1) is authorized to approve any agricultural lease or 
        permit with a tenure up to ten years, or a tenure longer than 
        ten years but not to exceed 25 years unless authorized by other 
        Federal law, when, in the opinion of the Secretary, such lease 
        or permit requires substantial investment in development of the 
        lands and/or crops by the lessee and such longer tenure is 
        determined by the Secretary to be in the best interest of the 
        landowners;
            (2) is authorized to lease or permit agricultural lands at 
        rates less than the Federal appraisal when such action would be 
        in the best interest of the landowner, and in such instances, 
        when such land has been satisfactorily advertised for lease, 
        the highest responsible bid shall be accepted; and
            (3) is authorized to waive or modify the requirement that a 
        lessee post a surety or performance bond on agricultural leases 
        and permits issued by the Secretary.
    (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 agriculture 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, provided that nothing in this 
        paragraph shall be construed to restrict the discretion 
        currently vested in the Secretary to waive or modify the bond 
        requirements in the absence of a tribal resolution to the 
        contrary; and
            (3) 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, the Secretary is authorized to waive or 
        modify the general notice provisions and negotiate and lease or 
        permit such highly fractionated undivided interest heirship 
        lands in order to prevent waste, reduce idle land acreage and 
        ensure income.
    (c) Rights of Individual Land Owners.--(1) Nothing in this section 
shall be construed as limiting or altering the authority or right of an 
individual allotee in the 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) The owners of a majority interest in any trust or restricted 
land (meaning an interest greater than 50 percent of the legal or 
beneficial title) 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, provided that the terms of the lease provide such minority 
interests with not less than fair market value for such land.
    (3) The provisions of subsection (b) shall not be applicable to any 
parcel of trust or restricted land if the owners of 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 III--EDUCATION IN AGRICULTURE AND NATURAL RESOURCE MANAGEMENT

SEC. 301. ESTABLISHMENT OF INDIAN AND ALASKA NATIVE AGRICULTURE AND 
              NATURAL RESOURCES MANAGEMENT EDUCATION ASSISTANCE 
              PROGRAM.

    (a) Natural Resources Intern Program.--(1) Notwithstanding the 
provisions of title 5 of the United States Code governing appointments 
in the competitive service, the Secretary shall establish and maintain 
in the Bureau of Indian Affairs or other appropriate office or bureau 
within the Department of the Interior at least 20 natural resources 
intern positions in addition to the forestry intern positions 
authorized in section 314(a) of Public Law 101-630 for Indian and 
Alaska Native students enrolled in an agriculture or natural resources 
study program.
    (2) For purposes of this subsection, the term--
            (A) ``natural resources intern'' means an Indian or Alaska 
        Native who--
                    (i) is attending an approved postsecondary school 
                in a full-time agriculture or natural resource related 
                field; and
                    (ii) is appointed to one of the natural resources 
                intern positions established under paragraph (1);
            (B) ``natural resources intern program'' means positions 
        established pursuant to paragraph (1) for natural resources 
        interns; and
            (C) ``agriculture or natural resources study program'' 
        includes, but is not limited to, agricultural engineering, 
        agricultural economics, animal husbandry, animal science, 
        biological sciences, fishery management, geographic information 
        systems, horticulture, range management, soil science, 
        veterinary science, and wildlife biology.
    (3) The Secretary shall pay, by reimbursement or otherwise, all 
costs for tuition, books, fees and living expenses incurred by a 
natural resources intern while attending an approved postsecondary or 
graduate school in a full-time natural resources study program.
    (4) A natural resources intern shall be required to enter into an 
obligated service agreement to serve as an employee in a professional 
natural resources position with the Department of the Interior or other 
Federal agency, an Indian tribe, or a tribal natural resource related 
enterprise for one year for each year of education for which the 
Secretary pays the intern's educational costs under paragraph (3) of 
this subsection.
    (5) A natural 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 three 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 of Indian Affairs, 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 natural resource related 
positions with the Bureau of Indian Affairs or other Federal agency 
providing Indian natural resource related services, Indian tribal 
governments, or tribal natural resource related enterprises.
    (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 work with tribally controlled 
        community colleges to develop and maintain specific programs in 
        agriculture and natural resources education, including the 
        provision of direct technical assistance to establish such 
        programs.
            (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 interest to the rural community.
            (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 
        resource management.
    (4) Under the cooperative agreement program under paragraph (1), 
the Secretary shall pay all costs for tuition, books, and fees of an 
Indian or Alaska Native 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 of Indian 
        Affairs, an Indian tribe or a tribal enterprise in the 
        management of Indian rangelands, farmlands, or other natural 
        resource assets.
    (5) Financial need shall not be a requirement to receive assistance 
under the cooperative agreement program that is to be maintained under 
this subsection.
    (6) 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 a natural resource related activity with the Bureau of 
Indian Affairs, or other Federal agency providing natural resource 
related services to Indians or Indian tribes, an Indian tribe, or a 
tribal natural resource related enterprise, 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 is authorized to grant 
scholarships to Indians and Alaska Natives enrolled in accredited 
natural resource 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 recipient's course of study, with--
            (A) the Bureau of Indian Affairs or other agency of the 
        Federal Government providing natural resource related services 
        to Indians or Indian tribes;
            (B) a natural resource program conducted under a contract, 
        grant, or cooperative agreement entered into under the Indian 
        Self-Determination and Education Assistance Act;
            (C) an Indian enterprise engaged in a natural resource 
        related business; or
            (D) an Indian tribe's natural resource 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 postsecondary or graduate institution.
    (d) Educational Outreach.--The Secretary shall conduct, through the 
Bureau of Indian Affairs, and in consultation with other appropriate 
local, State and Federal agencies, and in consultation and coordination 
with Indian tribes, a natural resource education outreach program for 
Indian and Alaska Native youth to explain and stimulate interest in all 
aspects of management and careers in Indian natural resources.
    (e) Adequacy of Programs.--The Secretary shall administer the 
programs described in this section until a sufficient number of Indians 
and Alaska Natives are trained to ensure that there is an adequate 
number of qualified, professional Indian natural resource managers to 
manage the Bureau of Indian Affairs natural resource programs and 
programs maintained by or for Indian tribes.

SEC. 302. POSTGRADUATION RECRUITMENT, EDUCATION AND TRAINING PROGRAMS.

    (a) Assumption of Loans.--The Secretary shall establish and 
maintain a program to attract Indian and Alaska Native professional 
natural resource technicians who are graduates of a course of 
postsecondary or graduate education for employment in either the Bureau 
of Indian Affairs natural resource programs or, subject to the approval 
of the tribe, in tribal natural resource programs. According to such 
regulations as the Secretary may prescribe, such program shall provide 
for the employment of Indian and Alaska Native professional natural 
resource technicians in exchange for the Secretary's assumption of the 
employee's outstanding student loans. 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, Alaska 
Native, and Federal natural resource management personnel, and the 
enhancement of tribal and Bureau of Indian Affairs natural resource 
programs, the Secretary shall establish and actively conduct a program 
for the cooperative internship of Federal, Indian and Alaska Native 
natural resource personnel. Such program shall--
            (1) for agencies within the Department of the Interior--
                    (A) provide for the internship of Bureau of Indian 
                Affairs, Alaska Native, and Indian natural resource 
                employees in the natural resource related programs of 
                other agencies of the Department of the Interior; and
                    (B) provide for the internship of natural resource 
                personnel from the other Department of the Interior 
                agencies within the Bureau of Indian Affairs, and, with 
                the consent of the tribe, within tribal natural 
                resource programs;
            (2) for agencies not within the Department of the Interior, 
        provide, pursuant to an interagency agreement, internships 
        within the Bureau of Indian Affairs and, with the consent of 
        the tribe, within a tribal natural resource program of other 
        natural 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 and Alaska Native natural 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 of 
Indian Affairs for the ongoing education and training of Bureau of 
Indian Affairs, Alaska Native, and Indian natural resource personnel. 
Such program shall provide for--
            (1) orientation training for Bureau of Indian Affairs 
        natural resource personnel in tribal-Federal relations and 
        responsibilities;
            (2) continuing technical natural resource education for 
        Bureau of Indian Affairs, Alaska Native, and Indian natural 
        resource personnel; and
            (3) development training of Indian and Alaska Native 
        personnel in natural resource based enterprises and marketing.

SEC. 303. COOPERATIVE AGREEMENT BETWEEN THE DEPARTMENT OF THE INTERIOR 
              AND INDIAN TRIBES.

    (a) Cooperative Agreements.--
            (1) To facilitate the administration of the programs and 
        activities of the Department of the Interior, the Secretary is 
        authorized to negotiate and enter into cooperative agreements 
        with Indian tribes to--
                    (A) engage in cooperative manpower and job 
                training;
                    (B) develop and publish cooperative environmental 
                education and natural resource planning materials; and
                    (C) perform land and facility improvements, and 
                other activities related to land and natural resource 
                management and development.
        The Secretary may enter into such agreements when the Secretary 
        determines the interest of Indians and Indian tribes will be 
        benefited.
            (2) In such cooperative agreements, the Secretary is 
        authorized to 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, 
        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 section 2671 through 2680 of 
title 28, United States Code, and section 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. 304. 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, pro rated 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 Treasurer of the United States.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 401. AUTHORIZATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.

                         TITLE V--MISCELLANEOUS

SEC. 501. REGULATIONS.

    Except as otherwise provided by this Act, the Secretary is directed 
to promulgate final regulations for the implementation of this Act 
within eighteen months from 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. 502. 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. 503. 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. 504. MISCELLANEOUS.

    (a) Disclaimer.--Nothing in this Act shall be construed to 
supersede or limit the authority of other Federal, State or local 
agencies otherwise authorized by law to provide services to Indian 
landowners.
    (b) Disclaimer.--Nothing in this Act shall be construed as vesting 
the governing body of an Indian tribe with any authority which is not 
authorized by the constitution and bylaws or other organizational 
document of such tribe.

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