Title 25 — IndiansRelease 119-73not60

§3712 Indian Participation in Land Management Activities

Title 25 › Chapter 39— AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT › Subchapter I— RANGELAND AND FARMLAND ENHANCEMENT › § 3712

Last updated Apr 5, 2026|Official source

Summary

The Secretary must manage Indian agricultural land using approved farm and resource plans and must follow tribal laws and rules for those lands. That includes environmental, cultural‑site, and land‑use rules, unless a federal law forbids it or following them would conflict with the United States’ trust duty. The Secretary must help enforce tribal laws, tell people working on the land about those laws, and, if a tribe asks, have federal officials appear in tribal meetings. If a Department rule conflicts with a tribe’s plan or law, the Secretary may set that rule aside unless doing so would break a federal law, a court order, or the trust duty. This does not remove the United States’ legal immunity or let tribal courts review the Secretary’s actions.

Full Legal Text

Title 25, §3712

Indians — Source: USLM XML via OLRC

(a)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)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)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)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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3712

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60