
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.)
