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.
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.
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.)
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Last modified: October 26, 2015