25 U.S.C. § 3713

Indian agricultural lands trespass

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(a) Civil penalties; regulationsNot 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.

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.

(Pub. L. 103–177, title I, § 103, Dec. 3, 1993, 107 Stat. 2015.)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1998–2023 · leading case: Temple v. Cleve Her Many Horses, 163 F. Supp. 3d 602 (D.S.D. 2016).

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Temple v. Cleve Her Many Horses, 163 F. Supp. 3d 602 (D.S.D. 2016). · cites it 2× “See 25 U.S.C. § 3713 . AIARMA charges the Secretary with: (1) “establishing] civil penalties for the commission of trespass on Indian agricultural lands”; (2) “designating] responsibility within the Department of the Interior for the detection and investigation of Indian…”

Hoover v. Kiowa Tribe of Oklahoma, 1998 OK 23 (Okla. 1998). · cites it 2× “issued by tribal courts; 9) the United States’ grant of concurrent jurisdiction to Indian tribes to enforce its regulations relating to civil penalties for trespass on Indian agricultural lands 40 and for trespass on Indian forest lands 41 — upon request, the federal govemment…”

Nahno-lopez v. Houser, 627 F. Supp. 2d 1269 (W.D. Okla. 2009). · cites it 3× “Section 1331 gives the federal district court jurisdiction only when a federal question arises based on other federal law.”

MacArthur v. San Juan Cnty., 391 F. Supp. 2d 895 (D. Utah 2005). “2011 , 2015 (1993), codified at 25 U.S.C.A § 3713(c) (2001); Violence Against Women Act, Pub.”

Temple v. Lawrence Roberts (D.S.D. 2023). “, and the regulations governing trespass issued thereunder as required by 25 U.S.C. § 3713 . Temple v. Her Many Horses, 163 F.”

— 25 U.S.C. § 3713(c) — 1 case

MacArthur v. San Juan Cnty., 391 F. Supp. 2d 895 (D. Utah 2005). “2011 , 2015 (1993), codified at 25 U.S.C.A § 3713(c) (2001); Violence Against Women Act, Pub.”

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