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25 U.S.C. § 3701 — Federal, State and local authority

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3701 — Federal, State and local authority

**(a) Disclaimer** Nothing in this chapter shall be construed to supersede or limit the authority of Federal, State or local agencies otherwise authorized by law to provide services to Indians. **(b) Duplication of services** The Secretary shall work with all appropriate Federal departments and agencies to avoid duplication of programs and services currently available to Indian tribes and landowners from other sources.

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Stable record: federal_law:legal_authorities:record_usc_65e92d87f958dd3d745f5884
Source file: Laws/federal/codes/united-states-code/title-25/section-3701-federal-state-and-local-authority--4a604c5f00.md
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Source location: Title 25, Chapter 39, § 3701; chapter-039-american-indian-agricultural-resource-management.md

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**(a) Disclaimer** Nothing in this chapter shall be construed to supersede or limit the authority of Federal, State or local agencies otherwise authorized by law to provide services to Indians. **(b) Duplication of services** The Secretary shall work with all appropriate Federal departments and agencies to avoid duplication of programs and services currently available to Indian tribes and landowners from other sources.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2218 — Approval of leases, rights-of-way, and sales of natural resources

**(a) Approval by the Secretary** (1) **In general** — Notwithstanding any other provision of law, the Secretary may approve any lease or agreement that affects individually owned allotted land or any other land held in trust or restricted status by the Secretary on behalf of an Indian, if— (A) the owners of not less than the applicable percentage (determined under subsection (b)) of the undivided interest in the allotted land that is covered by the lease or agreement consent in writing to the lease or agreement; and (B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land. (2) **Rule of construction** — Nothing in this section shall be construed to apply to leases involving coal or uranium. (3) **Definition** — In this section, the term “allotted land” includes any land held in trust or restricted status by the Secretary on behalf of one or more Indians. **(b) Applicable percentage** (1) **Percentage interest** — The applicable percentage referred to in subsection (a)(1) shall be determined as follows: (A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent. (B) If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent. (C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent. (D) If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land. (2) **Determination of owners** (A) *In general* — For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3701 — Findings

Page 604 TITLE 25—INDIANS § 3701 Sec. 3712. Indian participation in land management ac- tivities. 3713. Indian agricultural lands trespass. 3714. Assessment of Indian agricultural manage- ment programs. 3715. Leasing of Indian agricultural lands. SUBCHAPTER II—EDUCATION IN AGRICULTURE MANAGEMENT 3731. Indian and Alaska Native agriculture man- agement education assistance programs. 3732. Postgraduation recruitment, education and training programs. 3733. Cooperative agreement between Department of the Interior and Indian tribes. 3734. Obligated service; breach of contract. SUBCHAPTER III—GENERAL PROVISIONS 3741. Regulations. 3742. Trust responsibility. 3743. Severability. 3744. Federal, State and local authority. 3745. Authorization of appropriations. 3746. Tribal immunity. § 3701. Findings The Congress finds and declares that— (1) the United States and Indian tribes have a government to government relationship; (2) the United States has a trust responsi- bility to protect, conserve, utilize, and man- age Indian agricultural lands consistent with its fiduciary obligation and its unique rela- tionship with Indian tribes; (3) Indian agricultural lands are renewable and manageable natural resources which are vital to the economic, social, and cultural wel- fare of many Indian tribes and their members; and (4) development and management of Indian agricultural lands in accordance with inte- grated resource management plans will ensure proper management of Indian agricultural lands and will produce increased economic re- turns, enhance Indian self-determination, pro- mote employment opportunities, and improve the social and economic well-being of Indian and surrounding communities. (Pub. L. 103–177, § 2, Dec. 3, 1993, 107 Stat. 2

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