25-U.S.C.-3713
§3713 – Indian Agricultural Lands Trespass
Pathway
Title 25 > Chapter 39 > Subchapter I > Section 3713
Details
- Reference: Section 3713
- Legend: §3713 – Indian Agricultural Lands Trespass
- USCode Year: 2013
Provision Content
(a) Civil penalties; regulations
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) 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) of this section 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.
(Pub. L. 103–177, title I, §103, Dec. 3, 1993, 107 Stat. 2015.)
U.S. Encyclopedia of Law Coverage
25-U.S.C.-3665 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-3665, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
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