§ 3713. — Indian agricultural lands trespass.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3713]
TITLE 25--INDIANS
CHAPTER 39--AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT
SUBCHAPTER I--RANGELAND AND FARMLAND ENHANCEMENT
Sec. 3713. Indian agricultural lands trespass
(a) Civil penalties; regulations
Not later than one year after December 3, 1993, the Secretary shall
issue regulations that--
(1) establish civil penalties for the commission of trespass on
Indian agricultural lands, which provide for--
(A) collection of the value of the products illegally used
or removed plus a penalty of double their values;
(B) collection of the costs associated with damage to the
Indian agricultural lands caused by the act of trespass; and
(C) collection of the costs associated with enforcement of
the regulations, including field examination and survey, damage
appraisal, investigation assistance and reports, witness
expenses, demand letters, court costs, and attorney fees;
(2) designate responsibility within the Department of the
Interior for the detection and investigation of Indian agricultural
lands trespass; and
(3) set forth responsibilities and procedures for the assessment
and collection of civil penalties.
(b) Treatment of proceeds
The proceeds of civil penalties collected under this section shall
be treated as proceeds from the sale of agricultural products from the
Indian agricultural lands upon which such trespass occurred.
(c) Concurrent jurisdiction
Indian tribes which adopt the regulations promulgated by the
Secretary pursuant to subsection (a) of this section shall have
concurrent jurisdiction with the United States to enforce the provisions
of this section and the regulations promulgated thereunder. The Bureau
and other agencies of the Federal Government shall, at the request of
the tribal government, defer to tribal prosecutions of Indian
agricultural land trespass cases. Tribal court judgments regarding
agricultural trespass shall be entitled to full faith and credit in
Federal and State courts to the same extent as a Federal court judgment
obtained under this section. Nothing in this chapter shall be construed
to diminish the sovereign authority of Indian tribes with respect to
trespass.
(Pub. L. 103-177, title I, Sec. 103, Dec. 3, 1993, 107 Stat. 2015.)
