Title 25 — Indians
Chapter 39 — American Indian Agricultural Resource Management
§ 3712. Indian participation in land management activities
Statutory text
Tribal recognition
The Secretary shall conduct all land management activities on Indian agricultural land in accordance with goals and objectives set forth in the approved agricultural resource management plan, in an integrated resource management plan, and in accordance with all tribal laws and ordinances, except in specific instances where such compliance would be contrary to the trust responsibility of the United States.
Tribal laws
Unless otherwise prohibited by Federal law, the Secretary shall comply with tribal laws and ordinances pertaining to Indian agricultural lands, including laws regulating the environment and historic or cultural preservation, and laws or ordinances adopted by the tribal government to regulate land use or other activities under tribal jurisdiction. The Secretary shall—
provide assistance in the enforcement of such tribal laws;
provide notice of such laws to persons or entities undertaking activities on Indian agricultural lands; and
upon the request of an Indian tribe, require appropriate Federal officials to appear in tribal forums.
Waiver of regulations
In any case in which a regulation or administrative policy of the Department of the Interior conflicts with the objectives of the agricultural resource management plan provided for in section 3711 of this title, or with a tribal law, the Secretary may waive the application of such regulation or administrative policy unless such waiver would constitute a violation of a Federal statute or judicial decision or would conflict with his general trust responsibility under Federal law.
Sovereign immunity
This section does not constitute a waiver of the sovereign immunity of the United States, nor does it authorize tribal justice systems to review actions of the Secretary.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
American Indian Agricultural Resource Management Act
Pub. L. 103–177 title I § 102 · 107 Stat. 2011
Enacted · 25 U.S.C. § 3712
(Pub. L. 103–177, title I, § 102, Dec. 3, 1993, 107 Stat. 2015.)
Source evidence
Code source credit
(Pub. L. 103–177, title I, § 102, Dec. 3, 1993, 107 Stat. 2015.)Enacted provision · exact public law section
SEC. 102. INDIAN PARTICIPATION IN LAND MANAGEMENT ACTIVITIES. (a) Tribal Recognition.— The Secretary shall conduct all land management activities on Indian agricultural land in accordance with goals and objectives set forth in the approved agricultural resource management plan, in an integrated resource management plan, and in accordance with all tribal laws and ordinances, except m specific instances where such compliance would be contrary to the trust responsibility of the United States. (b) Tribal Laws.— Unless otherwise prohibited by Federal law, the Secretary shall comply with tribal laws and ordinances pertaining to Indian agricultural lands, including laws regulating the environment and historic or cultural preservation, and laws or ordinances adopted by the tribal government to regulate land use or other activities under tribal jurisdiction. The Secretary shall— (1) provide assistance in the enforcement of such tribal laws; (2) provide notice of such laws to persons or entities undertaking activities on Indian agricultural lands; and (3) upon the request of an Indian tribe, require appropriate Federal officials to appear in tribal forums. (c) Waiver of Regulations.— In any case in which a regulation or administrative policy of the Department of the Interior conflicts with the objectives of the agricultural resource management plan provided for in section 101, or with a tribal law, the Secretary may waive the application of such regulation or administrative policy unless such waiver would constitute a violation of a Federal statute or judicial decision or would conflict with his general trust responsibility under Federal law. (d) Sovereign Immunity.— This section does not constitute a waiver of the sovereign immunity of the United States, nor does it authorize tribal justice systems to review actions of the Secretary.
1 of 1 references resolved to an enrolled provision