§ 3712. — Indian participation in land management activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3712]
TITLE 25--INDIANS
CHAPTER 39--AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT
SUBCHAPTER I--RANGELAND AND FARMLAND ENHANCEMENT
Sec. 3712. Indian participation in land management activities
(a) Tribal recognition
The Secretary shall conduct all land management activities on Indian
agricultural land in accordance with goals and objectives set forth in
the approved agricultural resource management plan, in an integrated
resource management plan, and in accordance with all tribal laws and
ordinances, except in specific instances where such compliance would be
contrary to the trust responsibility of the United States.
(b) Tribal laws
Unless otherwise prohibited by Federal law, the Secretary shall
comply with tribal laws and ordinances pertaining to Indian agricultural
lands, including laws regulating the environment and historic or
cultural preservation, and laws or ordinances adopted by the tribal
government to regulate land use or other activities under tribal
jurisdiction. The Secretary shall--
(1) provide assistance in the enforcement of such tribal laws;
(2) provide notice of such laws to persons or entities
undertaking activities on Indian agricultural lands; and
(3) upon the request of an Indian tribe, require appropriate
Federal officials to appear in tribal forums.
(c) Waiver of regulations
In any case in which a regulation or administrative policy of the
Department of the Interior conflicts with the objectives of the
agricultural resource management plan provided for in section 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.
(Pub. L. 103-177, title I, Sec. 102, Dec. 3, 1993, 107 Stat. 2015.)
