Native American Agriculture
Overview
Native American law is a broad body of federal law and policy that deals with the unique relationship between the federal government and the various recognized tribes. This type of law has slowly developed since the founding of the country and the current status of today's laws are tied in closely with the history of its development. The development of Native American law has taken a circuitous route based upon the position of the federal government at a given time and these changes of position (often referred to as eras) still play an important role in modern legal issues. The U.S. Constitution gives Congress the power under the Commerce clause to regulate commerce with the Indian Tribes and the President with the power to negotiate treaties with the tribes. Along with early Supreme Court decisions, the provisions found in the Constitution have effectively given the federal government the sole authority to regulate the tribes. The tribes also have a right to self-governance, subject only to the authority of the federal government, which gives rise to the rest of the statutes, regulations, and cases that comprise Native American law. Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Treaties
Major Statutes
42 U.S.C. § 9626 (Indian tribes)
42 U.S.C. § 9628 (a)(1)(B) (State response programs; use of grants by Indian tribe)
7 U.S.C. § § 136u (a) (state cooperation, aid, and training; cooperative agreements with Indian tribes)
33 U.S.C. § 1263 (Alaska native village demonstration projects)
33 U.S.C. § 1263a (grants to Alaska to improve sanitation in rural and Native villages)
33 U.S.C. § 1268 (c) (13) (Great Lakes management; Public information program in coordination with Indian tribes)
33 U.S.C. § 1377 (Indian tribes)
42 U.S.C. § 4368b (Indian Environmental General Assistance Program Act of 1992)
42 U.S.C. § 6908a (agreements with Indian tribes)
42 U.S.C. § 300f (14) (Indian tribe defined)
42 U.S.C. § 300g-3 (a) (3) (reports; public water system compliance on Indian reservations)
42 U.S.C. § 300g-9 (f) (2) (small public water systems technology assistance centers; water systems that serve Indian Tribes)
42 U.S.C. § 300h-1 (e) (primary enforcement responsibility by Indian Tribe)
42 U.S.C. § 300j-1 (e) (technical assistance to public water systems owned or operated by Indian Tribes)
42 U.S.C. § 300j-2 (a) (public water systems supervision programs; grants; exception for Indian Tribes)
42 U.S.C. § 300j-6 (d) (Indian rights and sovereignty as unaffected)
42 U.S.C. § 300j-11 (Indian Tribes)
7 U.S.C. § 1926 (water and waste facility loans and grants; including to Indian tribes)
7 U.S.C. § 1926c (water and waste facility loans and grants to alleviate health risks; including to Indian tribes)
7 U.S.C. § 1941 (c) (4) (A) (direct loans; farm and ranch operations on tribal lands)
7 U.S.C. § 2009c (d) (strategic plans for each federally recognized Indian tribe)
7 U.S.C. § 2009dd-2 (e) (3) (J) (establishment and administration of Rural Collaborative Investment Program;
representatives of Indian tribes in National Board)
16 U.S.C. § 543f (National forests; traditional Native American uses)
16 U.S.C. § 544 (g) (Columbia River Gorge National Scenic Area; definitions; Indian tribes)
16 U.S.C. § 544d (e) (scenic area management plan; consultations with Indian tribes)
16 U.S.C. § 544g (b) (2) (D) (land acquisition; consent of the Indian tribe)
16 U.S.C. § 544k (b) (National forests; tributary rivers and streams; exception for Indian reservations)
16 U.S.C. § 544o (a) (savings provisions; effect on rights of Indians)
16 U.S.C. § 3377 (c) (interstate shipment or transshipment through Indian country of fish, wildlife, or plants for
legal purposes)
16 U.S.C. § 594 (protection of timber owned by United States from fire, disease, or insect ravages (including upon the
lands of Indian reservations))
16 U.S.C. § 6512 (g) (5) (B) (authorized hazardous fuel reduction projects; diverse stakeholders (including Indian tribes))
16 U.S.C. § 6514 (f) (environmental analysis; public collaboration with Indian tribes)
16 U.S.C. § 6542 (a) (tribal watershed forestry assistance; assistance to Indian tribes for the purpose of expanding
tribal stewardship capacities)
16 U.S.C. § 6542 (b) (technical assistance to Indian tribes to protect water quality)
16 U.S.C. § 6542 (c) (watershed forestry program in cooperation with Indian tribes)
16 U.S.C. § 6572 (e) (3) (eligibility and enrollment of lands in program; acreage owned by Indian tribes)
16 U.S.C. § 2109b (b) (competitive allocation of funds for cooperative forest innovation partnership projects;
eligibility; Indian tribes)
7 U.S.C. § 2013 (b) (food distribution program on Indian reservations)
7 U.S.C. § 2020 (d) (administration; plan of operation by State agency; approval by Secretary; Indians)
7 U.S.C. § 2034 (a) (3) (assistance for community food projects; underserved community)
Sec. 4211. Assessing the nutritional value of the Food Distribution Program on Indian Reservations (FDPIR) food package.
Sec. 14001. Improved program delivery by Department of Agriculture on Indian reservations.
42 U.S.C. § 1786 (h) (5) (D) (special supplemental nutrition program for women, infants, and children; remote Indian
or native villages)
42 U.S.C. § 1786 (h) (8) (A) (iv) (III) (special supplemental nutrition program for women, infants, and children; addition
of small state agencies and Indian state agencies)
sections of Title 42 U.S.C.)
Sec. 545 (b) Eligible units of local government and Indian tribes
7 U.S.C § 1932 (a) (2) (loans and loan guarantees for renewable energy systems; loans to Indian tribes)
7 U.S.C § 1932 (g) (9) (A) (ii) (loans and loan guarantees for renewable energy systems; "underserved community")
26 U.S.C. § 45 (c) (9) (Electricity produced from certain renewable resources, etc.; Indian coal)
26 U.S.C. § 45 (d) (10) (Electricity produced from certain renewable resources, etc.; Indian coal production facility)
7 U.S.C. § 3838e (tribal lands are eligible for enrollment in the program)
7 U.S.C. § 3838g (payment limitations; exception for recognized Indian tribes or Alaska Native corporations)
16 U.S.C. § 796 (Reservations defined)
16 U.S.C. § 803 (a) (recommendations of Indian tribes affected by the project)
16 U.S.C. § 803 (e) (approval of the Indian tribe)
16 U.S.C. § 803 (i) (waiver of conditions; use of lands within Indian reservations)
16 U.S.C. § 808 (a) (Indian tribe applying for a license for a project located on the tribal reservation)
16 U.S.C. § 808 (b) (identification of Federal or Indian lands included)
16 U.S.C. § 810 (a) (disposition of charges arising from licenses)
16 U.S.C. § 823c (b) ("qualifying project works" and Indian lands)
43 U.S.C. § 373b (c) (authorization of law enforcement officers)
43 U.S.C. § 373b (e) (legal status of State or local law enforcement officers)
43 U.S.C. § 373d (grants and cooperative agreements with Indian tribes and organizations)
43 U.S.C. § 390jj (a) ( water conservation; coordination of ongoing programs; full public participation)
33 U.S.C. § 2269. (Tribal partnership program)
33 U.S.C. § 2282 (d) (feasibility reports; Indian tribes)
33 U.S.C. § 2326b (c) (sediment management; consultation with Indian Tribes)
33 U.S.C. § 2338 (b) (Reburial; consultation with affected Indian tribes)
33 U.S.C. § 2347 (coordination and scheduling of Federal, State, and local actions)
33 U.S.C. § 2348 (d) (project streamlining; coordinated reviews)
Regulations
25 CFR § 151.3; Land Acquisition policy
25 CFR § 151.4; Acquisitions in trust of lands owned in fee by an Indian
25 CFR § 151.6; Exchanges
25 CFR § 151.7; Acquisition of fractional interests
25 CFR § 152.17; Sales, exchanges, and conveyances by, or with the consent of the individual Indian owner
25 CFR § 162.104; When is a lease needed to authorize possession of Indian Land?
25 CFR § 162.105; Can tracts with different Indian landowners be unitized for leasing purposes?
25 CFR § 162.205; Can individual Indian landowners exempt their agricultural land from certain tribal leasing policies?
25 CFR § 162.206; Can the terms of an agricultural lease be negotiated with the Indian landowners?
25 CFR § 162.207; When can the Indian landowners grant an agricultural lease?
25 CFR § 162.208; Who can represent the Indian landowners in negotiating or granting an agricultural lease?
25 CFR § 162.209; When can BIA grant an agricultural lease on behalf of an Indian landowner?
25 CFR § 162.211; What type of valuation or evaluation methods will be applied in estimating the fair annual rental of Indian land?
25 CFR § 162.212; When will the BIA advertise Indian land for agricultural leases?
25 CFR § 162.239; How will payment rights and obligations relating to agricultural land be allocated between the Indian landowners and the tenant?
25 CFR § 212.54; Lease or permit cancellation; Bureau of Indian Affairs notice of noncompliance
43 CFR § 3420.1-7; Consultation with states and Indian tribes
43 CFR § 3420.4-4; Consultation with Indian tribes
13 CFR § 124.109; Do Indian tribes and Alaska Native Corporations have any special rules for applying to the
8(a) BD program?
40 C.F.R. § 171.10; Certification of applicators on Indian Reservations
40 C.F.R. § 171.11; Federal certification of pesticide applicators in States or on Indian Reservations where there is
no approved State or Tribe certification plan in effect
40 C.F.R. § 192.01 (k); Definitions; Indian Tribe (Standards for the Control of Residual Radioactive Materials from
Inactive Uranium Processing Sites)
40 C.F.R. § 258.42; Approval of site-specific flexibility requests in Indian country (Solid Waste Regulations)
40 C.F.R. § 300.610; Indian tribes (Trustees for Natural Resources)
40 C.F.R. § 300.175 (a) (9) (x); Federal agencies: additional responsibilities and assistance (Bureau of Indian Affairs:
Coordination of activities affecting Indian lands)
40 C.F.R. § 300.180 (a); State and local participation in response (participation of Indian tribes in the appropriate RRT)
40 C.F.R. § 300.515 (a); Requirements for state involvement in remedial and enforcement response (cooperative
agreements or contracts with a federally recognized Indian tribe)
40 C.F.R. § 300.515 (b); Requirements for state involvement in remedial and enforcement response (Indian tribe
involvement during response)
40 C.F.R. § 745.320; Scope and purpose (Toxic Substances Control Act Regulations; State
and Indian Tribal Programs)
40 C.F.R. § 745.324; Authorization of State or Tribal programs (Toxic Substances Control Act Regulations; State and
Indian Tribal Programs)
40 C.F.R. § 745.325; Lead-based paint activities: State and Tribal program requirements (Toxic Substances Control Act
Regulations; State and Indian Tribal Programs)
7 C.F.R. § 761.208 (a) (3); Target participation rates for socially disadvantaged groups (when distributing loan funds
in counties within Indian reservations)
7 C.F.R. § 762.129 (b) (4); Percent of guarantee and maximum loss (when a guaranteed OL is made to a farmer whose farm
land is subject to the jurisdiction of an Indian tribe)
25 CFR § 163.10; Management of Indian forest land
25 CFR § 163.13; Indian tribal forest enterprise operations
25 CFR § 163.35; Indian forest land assistance account
25 CFR § 163.40; Indian and Alaska Native forestry education assistance
36 C.F.R. § 219.15; Interaction with American Indian tribes and Alaska Natives (National Forest System Land and Resource
Management Planning)
36 C.F.R. § 296.5; Permit requirements and exceptions (excavation and/or removal of archaeological resources
from public lands or Indian lands)
36 C.F.R. § 296.7; Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or cultural importance
43 C.F.R. § 6302.18; How may American Indians use wilderness areas for traditional religious purposes?
Center Research Publications
Alaska
Census Data
Congressional Research Service Reports
Energy
Environmental Issues
Federal Loan Programs
Finance and Credit
Food Security/Aid
Forestry
Public Lands
Rural Development
Sustainable and Organic Farming
Agricultural Law Bibliography
Energy Issues
Environmental Issues
Federal Loan Programs (Farmers Home Administration/Farm Service Agency)
Hunger and Food Security Issues
Public Lands
Rural Development
Water Rights: Agriculturally Related
Reference Resources
Bureau of Indian Affairs
Office of the Special Trustee for American Indians
Bureau of Reclamation, Native American Affairs
Tribal Enterprises Resources
American Indian Environmental Office
Tribal Air
USDA Sources on Native American and Agriculture
Food Distribution on Indian Reservations
Native American Outreach Program
Environmental and Cultural Resource Compliance
Civil Rights Division
Socially Disadvantaged, Beginning, and Limited Resource Farmers/Ranchers
Key Tribal Policies, Procedures and Partnerships: A Reference Guide for NRCS Employees
Native American Tribes
Food Distribution Program on Indian Reservations
Administration for Native Americans
Office of Tribal Justice
Department of Energy (DOE) Tribal Office
Renewable Energy for America Program (REAP)
Technical Assistance Program