Page:United States Statutes at Large Volume 107 Part 3.djvu/78

 107 STAT. 2016 PUBLIC LAW 103-177—DEC. 3, 1993 (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, demsuid 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) 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 Act shall be construed to diminish the sovereign authority of Indian tribes with respect to trespass. 25 USC 3714. SEC. 104. ASSESSMENT OF INDIAN AGRICULTURAL MANAGEMENT PROGRAMS. Contracts. (a) ASSESSMENT.—Within six months after the date of enactment of this Act, the Secretary, in consultation with affected Indian tribes, shall enter into a contract with a non-Federal entity knowledgeable in agricultural management on Federal and private lands to conduct an independent assessment of Indian agricultural land management and practices. Such assessment shall be national in scope and shall include a comparative analysis of Federal investment and management efforts for Indian trust and restricted agricultural lands as compared to federally-owned lands managed by other Federal agencies or instnmientalities and as compared to federally-served private lands. (b) PURPOSES.—The purposes of the assessment shall be— (1) to establish a comprehensive assessment of the improvement, funding, and development needs for all Indian agricultural lands; (2) to establish a comparison of management and funding provided to comparable lands owned or managed by the Federal Government through Federal agencies other than the Bureau; and (3) to identify any obstacles to Indian access to Federal or private programs relating to agriculture or related rural development programs generally available to the public at large.

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