§3713 Indian Agricultural Lands Trespass

Summary

The Secretary must write rules within one year after December 3, 1993, to punish trespass on Indian agricultural lands. The rules must make trespassers pay the value of any products taken plus a penalty equal to twice that value, pay for damage to the land, and pay enforcement costs (like surveys, appraisals, investigations, court costs, and attorney fees). The rules must also say which part of the Department of the Interior will investigate trespass and explain how penalties are decided and collected. Money collected counts as if it came from selling the crops on the trespassed land. Tribes that adopt the rules can enforce them along with the United States. If a tribe asks, federal agencies will let the tribe prosecute first. Tribal court judgments on agricultural trespass must be recognized by Federal and State courts the same as a Federal court judgment, and tribal authority over trespass is not reduced.