Not later than one year after December 3, 1993, the Secretary shall issue regulations
(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
(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.
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.
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