Title 25IndiansRelease 119-73

§3713 Indian agricultural lands trespass

Title 25 › Chapter CHAPTER 39— - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT › Subchapter SUBCHAPTER I— - RANGELAND AND FARMLAND ENHANCEMENT › § 3713

Last updated Apr 6, 2026|Official source

Summary

Within one year after December 3, 1993, the Secretary must make rules for trespass on Indian farm lands. The rules must create civil penalties that require paying the value of any products taken plus a penalty equal to double those values, pay for damage to the land, and cover enforcement costs (like surveys, damage appraisals, investigations, court costs, and attorney fees). The rules must also say which part of the Interior Department will find and investigate trespasses and explain how penalties are figured and collected. Money collected under these rules will be treated as if it came from selling the farm products from the land where the trespass happened. Tribes that adopt the rules share enforcement power with the United States. Federal agencies must, if asked by a tribe, let the tribe handle prosecutions. Tribal court judgments on agricultural trespass must be accepted by Federal and State courts the same as a Federal court judgment, and nothing here reduces tribal sovereign authority over trespass.

Full Legal Text

Title 25, §3713

Indians — Source: USLM XML via OLRC

(a)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)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)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 chapter shall be construed to diminish the sovereign authority of Indian tribes with respect to trespass.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3713

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73