2017 US Code
Title 25 - Indians
Chapter 39 - American Indian Agricultural Resource Management
Subchapter I - Rangeland and Farmland Enhancement
Sec. 3712 - Indian participation in land management activities

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Citation 25 U.S.C. § 3712 (2017)
Section Name §3712. Indian participation in land management activities
Section Text (a) Tribal recognition

The Secretary shall conduct all land management activities on Indian agricultural land in accordance with goals and objectives set forth in the approved agricultural resource management plan, in an integrated resource management plan, and in accordance with all tribal laws and ordinances, except in specific instances where such compliance would be contrary to the trust responsibility of the United States.

(b) Tribal laws

Unless otherwise prohibited by Federal law, the Secretary shall comply with tribal laws and ordinances pertaining to Indian agricultural lands, including laws regulating the environment and historic or cultural preservation, and laws or ordinances adopted by the tribal government to regulate land use or other activities under tribal jurisdiction. The Secretary shall—

(1) provide assistance in the enforcement of such tribal laws;

(2) provide notice of such laws to persons or entities undertaking activities on Indian agricultural lands; and

(3) upon the request of an Indian tribe, require appropriate Federal officials to appear in tribal forums.

(c) Waiver of regulations

In any case in which a regulation or administrative policy of the Department of the Interior conflicts with the objectives of the agricultural resource management plan provided for in section 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.

(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.

Source Credit

(Pub. L. 103–177, title I, §102, Dec. 3, 1993, 107 Stat. 2015.)

Publication Title United States Code, 2012 Edition, Supplement 5, Title 25 - INDIANS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 25 - INDIANS
CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT
SUBCHAPTER I - RANGELAND AND FARMLAND ENHANCEMENT
Sec. 3712 - Indian participation in land management activities
Contains section 3712
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law No
Disposition standard
Statutes at Large References 107 Stat. 2015
Public Law References Public Law 103-177
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