[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Proposed Rules]
[Pages 27824-27831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13729]



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DEPARTMENT OF THE INTERIOR
25 CFR Part 166

RIN 1076-AD04


General Agriculture and Range Regulations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The purpose of this rule making action is to revise and rename 
the General Grazing Regulations to include provisions of the American 
Indian Agricultural Resource Management Act (AIARMA) enacted December 
3, 1993. The American Indian Agricultural Resource Management Act 
reaffirmed many aspects of the existing Indian agriculture program and 
established new program direction for agriculture trespass, management 
planning, and agriculture education assistance.

DATES: Comments must be submitted on or before October 1, 1996.

ADDRESSES: Mail comments to: Mr. Mark Bradford, Bureau of Indian 
Affairs, Division of Land and Water, 1849 C Street, N.W., Mail Stop 
4559 MIB, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Bradford, Bureau of Indian 
Affairs, Division of Land and Water, telephone (202) 208-3598.

SUPPLEMENTARY INFORMATION: The proposed rule was developed with the 
participation of the affected Indian and Alaska Native public. Bureau 
of Indian Affairs (BIA) and tribal representatives formed four work 
groups (Leasing, Trespass, Education and, Management Plans) and a 
steering committee. The work groups first met in March 1994. We 
distributed three thousand copies of the first draft of the regulations 
for comment on April 29, 1994. The first draft did not provide for a 
consolidation of the permitting provisions in 25 CFR Parts 162 and 166.
    We conducted five formal hearings throughout the nation. The second 
draft was distributed for comment on June 28, 1994. The second draft 
included a cross-references summary sheet which showed how most of the 
permitting provisions in the existing Part 166 would be incorporated in 
Subpart D of the proposed Part 162, but it did not include the text of 
the proposed Subpart D. Input from these meetings and feedback from 
initial drafts were considered and addressed in this proposed rule.
    The AIARMA was enacted on December 3, 1993 (107 Stat. 2011, 25 
U.S.C. 3701 et seq.), and amended on November 2, 1994 (108 Stat. 4572). 
Section 102(a) of the AIARMA requires that all ``land management 
activities''--defined in Section 4(12)(D) to include the 
``administration and supervision of agricultural leasing and permitting 
activities, including a determination of proper land use, * * * 
appraisal, advertisement, negotiation, contract preparation, 
collecting, recording, and distributing lease rental receipts''--
conform to agricultural resource management plans, integrated resource 
management plans, and all tribal laws and ordinances. Section 102(b) 
requires that we recognize and enforce all tribal laws and ordinances 
which regulate land use or pertain to Indian agricultural land, and 
provide notice of such laws and ordinances to individuals or groups 
``undertaking activities'' on any affected land. Section 102(c) 
authorizes--but does not require--waivers of federal regulations or 
administrative policies which conflict with an agricultural resource 
management plan or a tribal law. Please note, Sections 102 (a)-(c) 
expressly provide for the recognition of only those tribal laws which 
do not conflict with federal law or our trust responsibility.
    Sections 105(b) (1)-(4) allows tribes to supersede our rules and 
regulations on preferences, bonding, and the leasing or permitting of 
heirship land, but Section 105(c)(3) allows individual landowners to 
exempt their land from these specific types of tribal actions where the 
owners of at least a 50% interest in such land object in writing.
    This proposed rule is published in exercise of authority delegated 
by the Secretary of the Interior to the Assistant Secretary-Indian 
Affairs by 208 DM 8.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rule making process. Accordingly, interested persons may submit written 
comments on the proposed rule to the location identified in the 
addresses section of this document.
    This document has been reviewed under Executive Order 12866 and is 
not a significant rule requiring Office of Management and Budget 
review. It will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).
    The Department of the Interior has determined that this proposed 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment and that no detailed statement is 
required pursuant to the National Environmental Policy Act of 1969. 
This proposed rule was compiled by four workgroups comprised of BIA and 
tribal representatives.
    The information collection requirements contained in this part do 
not require approval by the Office of Management and Budget under 44 
U.S.C. 3501 et seq.

List of Subjects in 25 CFR Part 166

    Agriculture, Agricultural products, Education, Grazing lands, and 
Indian lands.

    For the reasons set out in the preamble, part 166 of title 25 of 
the Code of Federal Regulations is proposed to be revised as follows.

PART 166--GENERAL AGRICULTURE AND RANGE REGULATIONS

Subpart A--General Provisions

Sec.
166.1  Definitions.
166.2  Information collection.
166.3  What activities are regulated by this part?
166.4  What is BIA's Indian agriculture policy?
166.5  When will the BIA recognize tribal laws?
166.6  How is Indian agricultural land managed?

Subpart B--Indian Agricultural Land Trespass

166.20  What is our trespass policy?
166.21  How do tribes get concurrent civil jurisdiction?
166.22  What is agricultural trespass?
166.23  How are trespassers notified?
166.24  What actions are taken against trespassers?
166.25  What are the penalties, damages, and costs payable by 
trespassers?
166.26  How are the proceeds from trespass distributed?
166.27  What happens if you do not settle a civil trespass case?
166.28  How can you appeal our decisions?

Subpart C--Agriculture Education, Education Assistance, Recruitment and 
Training

166.30  How are the Indian agriculture education programs operated?
166.31  How can you become an agriculture intern?
166.32  How can you become an agriculture cooperative education 
student?
166.33  How can you get an agriculture scholarship?
166.34  What is agriculture education outreach?
166.35  Who can get assistance for postgraduate studies?
166.36  What can happen if we recruit you after graduation?

[[Page 27825]]

166.37  Who can be an intergovernmental intern?
166.38  Who can participate in continuing education and training?
166.39  What are your obligations to us after you participate in an 
agriculture education program?
166.40  What happens if you do not fulfill your obligation to us?

    Authority: 5 U.S.C.301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 
U.S.C. 9; and by sec. 6, 69 Stat. 986, 25 U.S.C. 466. Interpret or 
apply R.S. 2078, 25 U.S.C. 68; R.S. 2117, 25 U.S.C. 179; sec. 3, 26 
Stat. 795, 25 U.S.C. 397; sec. 1, 28 Stat. 305, 25 U.S.C. 402; sec. 
4, 36 Stat. 856, 25 U.S.C. 403; sec. 1, 39 Stat. 128, 25 U.S.C. 394; 
sec. 1, 41 Stat. 1232, 25 U.S.C. 393; C. 158, 47 Stat. 1417, 25 
U.S.C. 413; secs. 16, 17, 48 Stat. 987, 988, 25 U.S.C. 476, 477; C. 
210, 53 Stat. 840, 25 U.S.C. 68a, 87a; C. 554, 54 Stat. 745, 25 
U.S.C. 380; secs. 1, 2, 4, 5, 6, 69 Stat. 539, 540, 25 U.S.C. 415, 
415a, 415b, 415c, 415d,25 U.S.C. 3701, 3702, 3703, 3711, 3712, 3713, 
3714, 3731, 3732, 3733, 3734, 3741, 3742, 3743, 3744, 3745, 107 
Stat. 2011.

Subpart A--General Provisions


Sec. 166.1  Definitions.

    Agricultural product means:
    (a) Crops grown under cultivated conditions whether used for 
personal consumption, subsistence, or sold for commercial benefit, 
excluding any crop that is defined as illegal by tribal or Federal 
statute;
    (b) Domestic livestock, including cattle, sheep, goats, horses, 
buffalo, swine, reindeer, fowl, or other animals specifically raised 
and used for food or fiber or as a beast of burden;
    (c) Forage, hay, fodder, food 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.
    Approved organization means the Bureau of Indian Affairs, a tribe, 
tribal agricultural enterprise, Alaska Native Claims Settlement Act 
Corporation, or other Federal agencies providing agricultural services 
on Indian reservations.
    Authorized officer means any tribal or Bureau person authorized to 
detect and investigate Indian agricultural lands trespass of Public Law 
103-177.
    Beneficial owner means the individual or entity who holds an 
ownership or contractual or permitted interest in Indian land.
    Bureau means the Bureau of Indian Affairs of the Department of the 
Interior.
    Fair market value means the value of an agricultural product if 
sold, bartered, or traded within a competitive market, including 
appropriate seasonal or replacement values.
    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.
    Indian agricultural lands means Indian land, including farmland and 
rangeland, excluding Indian forest land (except where authorized 
grazing occurs) 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.
    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.
    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.
    Individual Indian means any person for whom the United States holds 
title to property in trust status, or holds title subject to federal 
restrictions against alienation or encumbrance.
    Land use authorization means a permit, lease, plan of operation, or 
instrument issued or approved by the authorized officer for the 
legitimate utilization of Indian agricultural lands or removal of 
resources from them.
    Lawful authority means a tribal or Bureau land use authorization or 
a right granted by tribal or Federal law or statute.
    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.
    Trespass means any use, occupancy, or development of Indian 
agricultural lands, without either a prior tribal or Bureau land use 
authorization or a right granted by tribal or Federal law or statute.


Sec. 166.2  Information collection.

    The information collection requirements contained in this part do 
not require the approval of the Office of Management and Budget under 
44 U.S.C. 3504(h) et seq.


Sec. 166.3  What activities are regulated by this part?

    The regulations in this part apply to all Indian agriculture and 
range land except when this part is superseded by legislation.


Sec. 166.4  What is BIA's Indian agriculture policy?

    (a)We must:
    (1) Carry out the trust responsibility of the United States and 
facilitate 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) Take part in the management of Indian agricultural lands, with 
the full and active participation of the beneficial owners of the land, 
in a manner consistent with our trust responsibility and with the 
objectives of the beneficial owners;
    (3) Develop and manage agricultural resources consistent with 
integrated resource management plans in order to protect and maintain 
other values such as wildlife, fisheries, cultural resources, and 
recreation.
    (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.
    (b) Any Indian agricultural land management activity we undertake 
must:
    (1) Protect, conserve, and maintain or improve the productivity of 
Indian agricultural and range lands through the use of sound 
conservation practices and techniques including best management 
practices, applicable tribal codes, and state of the art soil and range 
conservation management techniques in planning, development, 
inventorying, classification, and management of the agricultural 
resources.
    (2) Manage Indian agricultural lands to increase production and 
expand the diversity and availability of agricultural products for 
subsistence, income, and employment of Indians and Alaska Natives.
    (3) Manage Indian agricultural resources consistent with integrated 
resource management plans in order to protect and maintain other values 
such as wildlife, fisheries, cultural resources, and recreation.

[[Page 27826]]

    (4) Manage Indian agricultural lands to enable Indian farmers and 
ranchers to maximize the available benefits by providing technical 
assistance, training in conservation practices, management and 
economics of agribusiness, sources and use of credit and marketing of 
agricultural products and other applicable subject areas.
    (5) Develop Indian agricultural lands and associated value-added 
industries of Indians and Indian tribes to promote self-sustaining 
communities.
    (6) Assist trust and restricted 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.


Sec. 166.5  When will the BIA recognize tribal laws?

    We must comply with tribal laws pertaining to Indian agricultural 
land, and cooperate with the enforcement of these laws on Indian 
agricultural land, unless doing this would violate Federal law or our 
trust responsibility. This cooperation does not constitute a waiver of 
United States sovereign immunity and includes:
    (a) Assisting in the enforcement of these laws;
    (b) Notifying persons or entities undertaking activities on Indian 
agricultural lands;
    (c) Appearing in tribal forums when requested by a tribe; and
    (d) Waiving sections of this part that conflict with tribal law or 
the objectives of an agricultural resource management plan. We must 
inform the tribes of any refusal to waive regulations.


Sec. 166.6  How is Indian agricultural land managed?

    (a) We will manage Indian agricultural land either directly or 
through contracts, compacts, cooperative agreements, or grants under 
the Indian Self-Determination and Education Assistance Act (Public Law 
93-638, as amended).
    (b) In close consultation with the affected tribes, we must prepare 
and revise as necessary an agricultural resource management plan for 
all Indian agricultural lands unless a tribe notifies us that a plan is 
not needed. We will follow the tribe's current public hearing and 
notice policies. In the absence of a tribal policy, we will develop a 
public hearing and notification plan within 90 days of beginning to 
write the plan for tribal approval.

Subpart B--Indian Agricultural Land Trespass


Sec. 166.20  What is our trespass policy?

    We will:
    (a) Ensure that all uses, occupancies, or developments of Indian 
agricultural land are properly authorized and that these authorizations 
do not cause undue or unnecessary damage to Indian agricultural land or 
the improvements on it;
    (b) Investigate and determine accidental, willful, or incidental 
trespass;
    (c) Resolve all alleged trespass, either administratively or 
civilly, in a prompt, efficient manner;
    (d) Recover the value of products, damage costs, and enforcement 
costs as a consequence of the trespass;
    (e) Ensure that unnecessary or undue damage to Indian lands by 
trespass activities is rehabilitated and/or stabilized at the expense 
of the trespasser; and
    (f) Determine if there are contractual or permit violations by 
lessees and permittees as well as other violations of other Federal or 
tribal laws separate from the regulations in this part.


Sec. 166.21  How do tribes get concurrent civil jurisdiction?

    Tribes that adopt the regulations in this section, conformed as 
necessary to tribal law, have concurrent civil jurisdiction to enforce 
25 U.S.C. 3713 and this section against any person.
    (a) We will acknowledge concurrent civil jurisdiction over 
trespass, when we receive:
    (1) A formal tribal resolution documenting the tribe(s)' adoption 
of this part; and
    (2) Notification from the tribe that its court system is able to 
properly adjudicate agricultural trespasses, including:
    (i) A statement that the tribal court will enforce the Indian Civil 
Rights Act; or
    (ii) A tribal civil rights law that contains provisions for due 
process and equal protection that are similar to or stronger than those 
contained in the Indian Civil Rights Act.
    (b) Where an Indian tribe acquires concurrent civil jurisdiction 
over trespass cases under paragraph (a) of this section, we and the 
authorized tribal representatives are jointly responsible for 
coordinating prosecution of trespass actions.
    (1) When a tribe makes a timely request, we will defer prosecution 
of agricultural trespasses to the tribe.
    (2) When a deferral is not requested, we will determine with the 
authorized tribal representatives how concurrent tribal and Federal 
trespass jurisdiction will apply to each trespass.
    (3) When an Indian tribe acquires concurrent jurisdiction but does 
not request deferral of prosecution, we will file and prosecute an 
action in the tribal court or forum.
    (c) We will rescind an Indian tribe's concurrent civil jurisdiction 
over trespass cases under this part if we or a court of competent 
jurisdiction determine that the tribal court has not adhered to the due 
process or equal protection requirements of the Indian Civil Rights 
Act. If a rescission is justified, we will notify in writing. The 
notice will include the findings that justify the rescission and the 
steps needed to remedy the violations causing the rescission. We will 
notify the chief judge of the tribal judiciary. If there is no chief 
judge, we will notify the other authorized tribal official. If the 
tribe does not take the steps we specify within 60 days, the rescission 
of concurrent civil jurisdiction will become final. The affected tribe 
can appeal a Notice of Rescission under Part 2 of Title 25.
    (d) Nothing in this part prohibits or diminishes the authority of a 
tribe to prosecute individuals under its criminal or civil trespass 
laws where it has jurisdiction over those individuals.


Sec. 166.22   What is agricultural trespass?

    The following uses or actions are acts of agricultural land 
trespass if unauthorized on land where a tribe has jurisdiction to 
enforce its laws:
    (a) Cultivating of irrigated or non-irrigated crops or the 
harvesting of native hay, forage, or seed;
    (b) Fencing or gates;
    (c) Developing water sources reserved to or administered by us;
    (d) Commercial filming or photography;
    (e) Sale or barter of goods or services;
    (f) Placing or storing of beehives;
    (g) Commercial use of Indian or tribally owned and controlled road 
or motorized vehicle use off road where prohibited;
    (h) Grazing;
    (i) Cutting, damaging, taking, harvesting, or removing of special 
agricultural products, including but not limited to: berries, nuts, 
flowers, seeds, moss, cones, leaves, mushrooms, cactus, yucca, and 
greenery for commercial purposes. (Non-commercial use of special 
agricultural products for religious and cultural traditions by tribal 
members are exempt);
    (j) Recreation, hunting, trapping, fishing, use of special areas, 
and developed recreation facilities;

[[Page 27827]]

    (k) Damaging or removing archaeological or paleontological 
resources;
    (l) Littering or disposing of agriculture related products, 
hazardous waste, household or business waste, or garbage.
    (m) Applying pesticides without tribal/Federal certification, 
misusing pesticides for purposes other than authorized by pesticide 
label, or appling pesticides at rates or solutions greater than label 
directions.
    (n) Aquaculture or the harvesting of fish raised for commercial 
sale or consumption; and
    (o) Other items designated by tribes as acts of Indian agricultural 
land trespass.


Sec. 166.23   How are trespassers notified?

    Unless otherwise provided under tribal law:
    (a) When there is reason to believe that Indian agricultural land 
or products are involved in trespass, we or the authorized tribal 
representative must immediately provide the following notice to the 
alleged trespasser, the possessor of trespass products, and any known 
lien holder:
    (1) Basis for the trespass determination;
    (2) Legal description of where trespass occurred;
    (3) Time frames for resolving the trespass; and
    (4) Actions that must be taken.
    (b) The actions may be:
    (1) Removal of the trespasser's property to prevent further loss, 
damage, or destruction to the Indian agricultural land; or,
    (2) Prohibition of removal of the agricultural products from the 
Indian agricultural land.


Sec. 166.24   What actions are taken against trespassers?

    (a) We will immediately take corrective action to protect Indian 
agricultural lands or products. If we seize agricultural products we 
may sell or dispose of them, if appropriate. We will keep equipment 
that we seize for use as evidence unless a court of competent 
jurisdiction orders otherwise.
    (b) Trespassers will be liable for fair market value of products 
illegally used or removed, and penalties and damages.
    (c) When there is reason to believe that Indian agricultural 
products are involved in trespass and the products have been removed to 
land not under our supervision, we must immediately notify the owner of 
the land or the party in possession of the trespass products that such 
products could be Indian trust property involved in a trespass and that 
no action to remove or otherwise dispose of the products may be taken 
unless authorized.
    (d) If we determine that the trespasser or possessor is unknown or 
refuses delivery of the trespass notice, the trespass notice will be 
posted at the tribal community building and the U.S. Post Office, and 
published in the local newspaper nearest to the Indian agricultural 
lands where the trespass is occurring.


Sec. 166.25   What are the penalties, damages, and costs payable by 
trespassers?

    (a) Trespassers may be assessed civil penalties such as the ones in 
the following table. Other penalties may also be assessed.

------------------------------------------------------------------------
           Penalty                              Comments                
------------------------------------------------------------------------
Double Damages...............  1. Must be based upon the highest value  
                                obtainable for the raw materials        
                                involved in the trespass.               
                               2. Must be assessed when a person without
                                lawful authority injures, severs, or    
                                carries off from a reservation any      
                                agricultural product.                   
                               3. Proof of Indian ownership of the      
                                premises and commission of the acts by  
                                the trespasser are prima facie evidence 
                                sufficient to support liability. There  
                                is no requirement to show willfulness of
                                intent.                                 
Costs associated with damage   Includes rehabilitation, revegetation,   
 to Indian land.                lost future revenue, lost profits, loss 
                                of productivity, damage to other        
                                resources, and other damages.           
Reasonable enforcement costs.  Includes detection, and all processes    
                                through prosecution and collection of   
                                damages. This covers field examination  
                                and survey, damage appraisal,           
                                investigation assistance and report     
                                preparation, witness expenses, demand   
                                letters, court costs, attorney fees, and
                                other costs.                            
Interest.....................  1. Must be based upon double the highest 
                                value obtainable for the raw materials  
                                involved in the trespass.               
                               2. Must be calculated at the highest rate
                                prescribed by tribal law. If there is no
                                tribal law, calculation must be based   
                                upon Federal law. Where there is no     
                                Federal law, calculation must be based  
                                upon judgments as prescribed by the law 
                                of the State where the trespass         
                                occurred.                               
                               3. Must be calculated from the date of   
                                the trespass until payment is made.     
------------------------------------------------------------------------

    (b) When the trespass actions have been resolved, but the 
trespasser has not settled civil penalties, damages, and costs, we will 
send a certified letter, return receipt requested, to the trespasser 
demanding immediate settlement. If settlement is not made within 5 
working days after date of receipt, we may refer the case to the 
appropriate prosecuting authority.


Sec. 166.26   How are the proceeds from trespass distributed?

    Unless otherwise provided under tribal law:
    (a) We will treat civil penalties and other damages collected under 
the regulations in this part, except for those related to land damage 
and enforcement costs, as proceeds from the sale of agricultural 
products from the Indian agricultural land upon which the trespass 
occurred.
    (b) If we confiscate and dispose of equipment, goods, or 
agricultural products from the trespasser, we will apply any cash or 
other proceeds to satisfy the civil penalties. If any money is left, we 
will return it to the trespasser. If we do not collect enough money 
from the trespasser, we will distribute civil penalties in accordance 
with the following table:

------------------------------------------------------------------------
               If we collect                We will distribute the money
------------------------------------------------------------------------
Damages up to the highest value of the      pro rata between the        
 trespass products.                          beneficial share and the   
                                             cost of restoring the land 
Damages over the highest value of the       pro rata between the        
 trespass product, but less than enough      beneficial share, the law  
 for full recovery.                          enforcement agency, and the
                                             cost of restoring the land 
------------------------------------------------------------------------

    (c) If beneficial owners trespass or are involved in trespass on 
their own land or undivided land in which they have a partial interest, 
they must not receive their beneficial share of any civil penalties and 
damages collected. If we collect civil penalties and damages as a 
result of a trespass, we will distribute them as follows:
    (1) Toward restoration of the land where the trespass occurred; and

[[Page 27828]]

    (2) Toward the enforcement agency's costs for rectifying the 
trespass.
    (d) We may accept payment of damages in the settlement of civil 
trespass cases. In the absence of a court order, we will determine the 
procedure and approve acceptance of any settlements negotiated by a 
tribe exercising its concurrent jurisdiction.


Sec. 166.27   What happens if you do not settle a civil trespass case?

    Unless otherwise provided by tribal law:
    (a) We will refuse to issue you a lease, permit, or license for 
use, development or occupancy, if you fail to make full payment of 
damages in the settlement of a civil trespass case.
    (b) If we determine that continuance of any use, occupancy, or 
development presents a risk to health, safety, or the environment, we 
will order an immediate, temporary suspension of the use, occupancy, or 
development before or during the pendency of an appeal. A person whose 
own direct economic interest is harmed by an action or decision may 
bring or participate in an appeal.


Sec. 166.28  How can you appeal our decisions?

    You may challenge an action we take under this part only through 
administrative appeal or under the Indian Self-Determination and 
Education Assistance Act only. The appeal must be filed in accordance 
with 25 CFR part 2, Appeal from administrative actions, except that an 
appeal of any action under this part must not stay any action unless we 
direct.

Subpart C--Agriculture Education, Education Assistance, Recruitment 
and Training


Sec. 166.30  How are the Indian agriculture education programs 
operated?

    (a) The purpose of the cooperative education program is to recruit 
and develop promising Indian and Alaska Natives who are enrolled in 
secondary schools, tribal or Alaska Native community colleges, and 
other post-secondary schools for employment as professional resource 
manager and other agriculture-related professionals by approved 
organizations.
    (b) We will operate the program in accordance with the provisions 
of 5 CFR 213.3202 (a) and (b).
    (c) We will establish an education committee to coordinate and 
carry out the agriculture education assistance programs and to select 
participants for all agriculture education assistance programs except 
the cooperative education program. The committee will include at least 
an American Indian professional educator in the field of natural 
resources or agriculture, a personnel specialist, a representative of 
the Intertribal Agriculture Council, and a natural resources or 
agriculture professional from the Bureau of Indian Affairs and a 
representative from American Indian Higher Education Consortium. The 
committee's duties will include the writing of a manual for the Indian 
and Alaska Native Agriculture Education and Assistance Programs.
    (d) We will monitor and evaluate the agriculture education 
assistance programs to ensure that there are adequate Indian and Alaska 
Native natural resources and agriculture-related professionals to 
manage Indian natural resources and agriculture programs by or for 
tribes and Alaska Native Corporations. Monitoring and evaluating will 
identify the number of participants in the intern, cooperative 
education, scholarship, and outreach programs; the number of 
participants who completed the requirements to become a natural 
resources or agriculture-related professional; and the number of 
participants completing advanced degree requirements.


Sec. 166.31  How can you become an agriculture intern?

    (a) The purpose of the agriculture intern program is to ensure the 
future participation of trained, professional Indians and Alaska 
Natives in the management of Indian and Alaska Native agricultural 
land. In keeping with this purpose, we will work with tribes and Alaska 
Natives:
    (1) To obtain the maximum degree of participation from Indians and 
Alaska Natives in the agriculture intern program;
    (2) To encourage agriculture interns to complete an undergraduate 
degree program in natural resources or agriculture-related field; and
    (3) To create an opportunity for the advancement of natural 
resources and agriculture-related technicians to professional resource 
management positions with the Bureau of Indian Affairs, other Federal 
agencies providing an agriculture service to their respective tribe, a 
tribe, or tribal agriculture enterprise.
    (b) Subject to restrictions imposed by agency budgets, we will 
establish and maintain in the BIA at least 20 positions for the 
agriculture intern program. All Indians and Alaska Natives who satisfy 
the qualification criteria may compete for positions.
    (c) Applicants for intern positions must meet the following 
criteria:
    (1) Be eligible for Indian preference as defined in 25 CFR part 5;
    (2) Possess a high school diploma or its recognized equivalent;
    (3) Be able to successfully complete the intern program within a 3-
year period; and
    (4) Possess a letter of acceptance to an accredited post-secondary 
school or demonstrate that one will be sent within 90 days.
    (d) We will advertise vacancies for agriculture intern positions 
semi annually, no later than the first day of April and October, to 
accommodate entry into school.
    (e) In selecting agriculture interns, we will seek to identify 
candidates who:
    (1) Have the greatest potential for success in the program;
    (2) Will take the shortest time period to complete the intern 
program; and
    (3) Provide the letter of acceptance required by paragraph (c)(4) 
of this section.
    (f) Agriculture interns must:
    (1) Maintain full-time status in an agriculture-related curriculum 
at an accredited post secondary school;
    (2) Maintain good academic standing;
    (3) Enter into an obligated service agreement to serve as a 
professional resource manager or agriculture-related professional with 
an approved organization for 2 years in exchange for each year in the 
program; and
    (4) Report for service with the approved organization during any 
break in attendance at school of more than 3 weeks. We will count this 
service toward satisfaction of the intern's obligated service.
    (g) The education committee will evaluate annually the performance 
of the agriculture intern program participants against requirements to 
ensure that they are satisfactorily progressing toward completion of 
program requirements.
    (h) We will pay all costs for tuition, books, fees and living 
expenses incurred by an agriculture intern while attending an 
accredited post secondary school.


Sec. 166.32  How can you become an agriculture cooperative education 
student?

    (a) To be considered for selection, applicants for the cooperative 
program must:
    (1) Meet the eligibility requirements and be subject to status 
requirements in 5 CFR Part 308; and
    (2) Be accepted into or enrolled in a course of study at an 
accredited post secondary institution which grants degrees in natural 
resources or agriculture-related curricula.

[[Page 27829]]

    (b) Cooperative education steering committees established at the 
field level will select program participants based on eligibility 
requirements without regard to applicants' financial needs.
    (c) A recipient of assistance under the cooperative education 
program will be required to enter into an obligated service agreement 
to serve as a natural resources or agriculture-related professional 
with an approved organization for one year in exchange for each year in 
the program.
    (d) We will pay all costs of tuition, books, fees, and 
transportation to and from the job site to school, for an Indian or 
Alaska Native student who is selected for the cooperative education 
program.


Sec. 166.33  How can you get an agriculture scholarship?

    (a) We may grant agriculture scholarships to Indians and Alaska 
Natives enrolled as full time students in accredited post-secondary and 
graduate programs of study in natural resources and agriculture-related 
curricula.
    (b) The education committee established in Sec. 166.30(a) will 
select program participants based on eligibility requirements 
stipulated in paragraphs (e) through (g) of this section without regard 
to applicants' financial needs or past scholastic achievements.
    (c) Recipients of scholarships must reapply annually to continue to 
receive funding beyond the initial award period. Students who have 
received scholarships in past years, are in good academic standing, and 
have been recommended for continuation by their academic institution 
will be given priority over new applicants for scholarship assistance.
    (d) The amount of scholarship funds an individual is awarded each 
year will be contingent upon the availability of funds appropriated 
each fiscal year and is subject to yearly change.
    (e) Preparatory scholarships are available for a maximum of 3 
academic years of general, undergraduate course work leading to a 
degree in natural resources or agriculture-related curricula and may be 
awarded to individuals who:
    (1) Possess a high school diploma or its recognized equivalent; and
    (2) Are enrolled and in good academic standing at an acceptable 
post secondary school.
    (f) Undergraduate scholarships are available for a maximum of three 
academic years and may be awarded to individuals who:
    (1) Have completed a minimum of 55 semester hours toward a 
bachelor's degree in a natural resources or agriculture-related 
curriculum; and
    (2) Have been accepted into a natural resource or agriculture-
related degree-granting program at an accredited college or university.
    (g) Graduate scholarships are available for a maximum of 5 academic 
years for individuals selected into the graduate program of an 
accredited college or university that grants advanced degrees in 
natural resources or agriculture-related fields.
    (h) A recipient of assistance under the scholarship program must 
enter into an obligated service agreement to serve as a natural 
resources or agriculture-related professional with the Bureau of Indian 
Affairs, other Federal agency providing assistance to their respective 
tribe, a tribe, tribal agriculture enterprise or ANCSA Corporation for 
one year for each year in the program.
    (i) We will pay all scholarships approved by the education 
committee established in Sec. 166.30(a) for which funding is available.


Sec. 166.34  What is agriculture education outreach?

    (a) We will establish and maintain an agriculture education 
outreach program for Indian and Alaska Native youth that will:
    (1) Encourage students to acquire academic skills needed to succeed 
in post secondary mathematics and science courses;
    (2) Promote agriculture career awareness;
    (3) Involve students in projects and activities oriented to 
agriculture related professions early so students realize the need to 
complete required pre college courses; and
    (4) Integrate Indian and Alaska Native agriculture program 
activities into the education of Indian and Alaska Native students.
    (b) We will develop and carry out the program in consultation with 
appropriate community education organizations, tribes, ANCSA 
Corporations, Alaska Native organizations and other federal agencies 
providing agriculture services to Indians.
    (c) The education committee established under Sec. 166.30(a) will 
coordinate and implement the program nationally.


Sec. 166.35  Who can get assistance for postgraduate studies?

    (a) The purpose of the postgraduate studies program is to enhance 
the professional and technical knowledge of Indian and Alaska Native 
natural resource and agriculture-related professionals working for an 
approved organization so that the best possible service is provided to 
Indian and Alaska Natives.
    (b) We may pay the cost of tuition, fees, books, and salary of 
Alaska Natives and Indians who are employed by an approved organization 
and who wish to pursue advanced levels of education in natural resource 
or agriculture-related fields.
    (c) The goal of the advanced study program is to encourage 
participants to obtain additional academic credentials such as a degree 
or diploma in a natural resources or agriculture-related field. 
Requirements of the postgraduate study program are:
    (1) the duration of course work cannot be less than one semester or 
more than three years; and
    (2) Students in the postgraduate studies program must meet 
performance standards as required by the graduate school offering the 
study program.
    (d) Program applicants must submit application packages to the 
education committee established under Sec. 166.30. At a minimum, such 
packages must contain a resume and an endorsement signed by the 
applicant's supervisor clearly stating the need for and benefits of the 
desired training.
    (e) The education committee must use the following criteria to 
select participants:
    (1) Need for the expertise sought at both the local and national 
levels;
    (2) Expected benefits, both locally and nationally; and
    (3) Years of experience and the service record of the employee.
    (f) Program participants will enter into an obligated service 
agreement to serve as a natural resources or agriculture-related 
professional with an approved organization for two years for each year 
in the program. We may reduce the obligated service requirement if the 
employee receives supplemental funding such as research grants, 
scholarships or graduate stipends and, as a result, reduces the need 
for financial assistance under this part. If the obligated service 
agreement is breached, we will collect the amount owed us in accordance 
with Sec. 166.37.


Sec. 166.36  What can happen if we recruit you after graduation?

    (a) The purpose of the postgraduation recruitment program is to 
recruit Indian and Alaska Native natural resource and trained 
agriculture technicians into the agriculture programs of approved 
organizations.
    (b) We may assume outstanding student loans from established 
lending institutions of Indian and Alaska Native natural resources and 
agriculture technicians who have successfully

[[Page 27830]]

completed a post-secondary natural resources or agriculture-related 
curriculum at an accredited institution.
    (c) Indian and Alaska Natives receiving benefits under this program 
will enter into an obligated service agreement in accordance with 
Sec. 166.38. Obligated service required under this program will be one 
year for every $5,000 of student loan debt repaid.
    (d) If the obligated service agreement is breached, we will collect 
student loan(s)in accordance with Sec. 166.39.


Sec. 166.37  Who can be an intergovernmental intern?

    (a) Natural resources or agriculture personnel working for an 
approved organization may apply for an internship within agriculture-
related programs of agencies of the Department of the Interior or other 
federal agencies providing an agriculture service to their respective 
reservations.
    (b) Natural resources or agriculture-related personnel from other 
Department of the Interior agencies may apply through proper channels 
for internships within Bureau of Indian Affairs agriculture programs 
and, with the consent of a tribe or Alaska Native organization, within 
tribal or Alaska Native agriculture programs.
    (c) Natural resources and agriculture personnel from agencies not 
within the Department of the Interior may apply, through proper agency 
channels and pursuant to an interagency agreement, for an internship 
within the Bureau of Indian Affairs and, with the consent of a tribe or 
Alaska Native organization, within a tribe, tribal agriculture 
enterprise or Alaska Native Corporation.
    (d) Natural resources or agriculture personnel from a tribe, tribal 
agriculture enterprise or Alaska Native Corporation may apply, through 
proper channels and pursuant to a cooperative agreement, for an 
internship within another tribe, tribal forest enterprise or ANCSA 
Corporation agriculture program.
    (e) The employing agency of participating Federal employees will 
provide for the continuation of salary and benefits.
    (f) The host agency for participating tribal, tribal agriculture 
enterprise or Alaska Native Corporation agriculture employees will 
provide for salaries and benefits.
    (g) A bonus pay incentive, up to 25 percent of the intern's base 
salary, may be provided to intergovernmental interns at the conclusion 
of the internship period. Bonus pay incentives will be at the 
discretion of and funded by the host organization and must be 
conditioned upon the host agency's documentation of the intern's 
superior performance, in accordance with the agency's performance 
standards, during the internship period.


Sec. 166.38   Who can participate in continuing education and training?

    (a) The purpose of continuing education and training is to 
establish a program to provide for the ongoing education and training 
of natural resources and agriculture personnel employed by approved 
organizations. This program will emphasize continuing education and 
training in three areas:
    (1) Orientation training including tribal-Federal relations and 
responsibilities;
    (2) Technical agriculture education; and
    (3) Developmental training in agriculture-based enterprises and 
marketing.
    (b) We will maintain an orientation program to increase awareness 
and understanding of Indian culture and its effect on natural resources 
management and agriculture practices and on Federal laws that effect 
natural resources management and agriculture operations and 
administration in the Indian agriculture program.
    (c) We will maintain a continuing technical natural resources and 
agriculture education program to assist natural resources managers and 
agriculture-related professionals to perform natural resources and 
agriculture management on Indian land.
    (d) We will maintain an agriculture land-based enterprise and 
marketing training program to assist with the development and use of 
Indian and Alaska Native agriculture resources.


Sec. 166.39   What are your obligations to us after you participate in 
an agriculture education program?

    (a) Individuals completing agriculture education programs with an 
obligated service requirement may be offered full time permanent 
employment with an approved organization to fulfill their obligated 
service within 90 days of the date all program education requirements 
have been completed. If employment is not offered within the 90-day 
period, the student will be relieved of obligated service requirements. 
Not less than 30 days before to the start of employment, the employer 
must notify the participant of the work assignment, its location and 
the date work must begin. If the employer is other than the Bureau of 
Indian Affairs, the employer must also notify us.
    (b) Employment time that can be credited toward obligated service 
requirement will begin the day after all program education requirements 
have been completed, with the exception of the agriculture intern 
program which includes the special provisions outlined in 
Sec. 166.31(f)(4). The minimum service obligation period will be one 
year of full time employment.
    (c) The employer has the right to designate the location of 
employment for fulfilling the service obligation.
    (d) A participant in any of the agriculture education programs with 
an obligated service requirement may, within 30 days of completing all 
program education requirements, request a deferment of obligated 
service to pursue postgraduate or post-doctoral studies. In such cases, 
we will issue a decision within 30 days of receipt of the request for 
deferral. We may grant such a request; however, deferments granted in 
no way waive or otherwise affect obligated service requirements.
    (e) A participant in any of the agriculture education programs with 
an obligated service requirement may, within 30 days of completing all 
program education requirements, request a waiver of obligated service 
based on personal or family hardship. We may grant a full or partial 
waiver or deny the request for wavier. In such cases, we will issue a 
decision within 30 days of receiving the request for waiver.


Sec. 166.40   What happens if you do not fulfill your obligation to us?

    (a) Any individual who accepts financial support under agriculture 
education programs with an obligated service requirement, and who does 
not accept employment or unreasonably terminates employment must repay 
us in accordance with the following table:

------------------------------------------------------------------------
                                  Costs that must be   Costs that do not
             Program                    repaid         need to be repaid
------------------------------------------------------------------------
Agriculture intern..............  Salary, tuition,    Salary paid during
                                   books, and fees     school breaks or 
                                   received while      when recipient   
                                   occupying           was employed by  
                                   position plus       an approved      
                                   interest.           organization.    
Cooperative education...........  Tuition, books,     ..................
                                   and fees plus                        
                                   interest.                            
Scholarship.....................  Costs of            ..................
                                   scholarship plus                     
                                   interest.                            

[[Page 27831]]

                                                                        
Postgradu-......................  All student loans   ..................
  ation re-.....................   assumed by us                        
  cruitment.....................   under the program                    
                                   plus interest.                       
Postgraduate studies............  Salary, tuition,    Salary paid during
                                   books, and fees     school breaks or 
                                   received while in   when recipient   
                                   the program plus    was employed by  
                                   interest.           an approved      
                                                       organization.    
------------------------------------------------------------------------


    (b) For agriculture education programs with an obligated service 
requirement, we will adjust the amount required for repayment by 
crediting toward the final amount of debt any obligated service 
performed before breach of contract.

    Dated: May 24, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-13729 Filed 5-31-96; 8:45 am]
BILLING CODE 4310-02-P