Code of Federal Regulations · Section
§ 166.311 — Is An Indian Agricultural Resource Management Plan Required?
25 C.F.R. § 166.311
(a) Indian agricultural land under the jurisdiction of a tribe must be managed in accordance with the goals and objectives in any agricultural resource management plan developed by the tribe, or by us in close consultation with the tribe, under the AIARMA.
(b) The ten-year agricultural resource management and monitoring plan must be developed through public meetings and completed within three years of the initiation of the planning activity. Such a plan must be developed through public meetings, and be based on the public meeting records and existing survey documents, reports, and other research from federal agencies, tribal community colleges, and land grant universities. When completed, the plan must:
(1) Determine available agricultural resources;
(2) Identify specific tribal agricultural resource goals and objectives;
(3) Establish management objectives for the resources;
(4) Define critical values of the tribe and its members and provide identified holistic management objectives; and
(5) Identify actions to be taken to reach established objectives.
(c) Where the regulations in this subpart are inconsistent with a tribe's agricultural resource management plan, we may waive the regulations under part 1 of this title, so long as the waiver does not violate a federal statute or judicial decision or conflict with our general trust responsibility under federal law.
Authorizing Statute
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Leases of restricted lands25 U.S.C. § 415
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Regulations by President25 U.S.C. § 9
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Departmental regulations5 U.S.C. § 301
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Records management by agency heads; general duties44 U.S.C. § 3101
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Driving stock to feed on lands25 U.S.C. § 179
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Transferred25 U.S.C. § 466
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Leases of lands held in trust25 U.S.C. § 403
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Leases of lands for grazing or mining25 U.S.C. § 397
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Leases of arid allotted lands25 U.S.C. § 394
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Findings25 U.S.C. § 3701
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Transferred25 U.S.C. § 476
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Leases of restricted allotments25 U.S.C. § 393
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Duties of Commissioner25 U.S.C. § 2
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Leases of surplus lands25 U.S.C. § 402