---
kind: "section"
citation: "25 U.S.C. § 3713"
title: "25"
title_heading: "Indians"
number: "3713"
heading: "Indian agricultural lands trespass"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3713"
units:
  - "Chapter 39 — American Indian Agricultural Resource Management"
  - "Subchapter I — Rangeland and Farmland Enhancement"
---

# §3713. Indian agricultural lands trespass

- (a) **Civil penalties; regulations—** Not later than one year after December 3, 1993, the [Secretary](/usc/25/3703.md?p=15) shall issue regulations that—
  - (1) establish civil penalties for the commission of trespass on [Indian agricultural lands](/usc/25/3703.md?p=1), 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](/usc/25/3703.md?p=1) 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](/usc/25/3703.md?p=1) 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](/usc/25/3703.md?p=2) from the [Indian agricultural lands](/usc/25/3703.md?p=1) upon which such trespass occurred.
- (c) **Concurrent jurisdiction—** [Indian tribes](/usc/25/3703.md?p=10) which adopt the regulations promulgated by the [Secretary](/usc/25/3703.md?p=15) pursuant to [subsection (a)](#a) shall have concurrent jurisdiction with the United States to enforce the provisions of this section and the regulations promulgated thereunder. The [Bureau](/usc/25/3703.md?p=5) and other agencies of the Federal Government shall, at the request of the tribal government, defer to tribal prosecutions of [Indian](/usc/25/3703.md?p=8) 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](/usc/25/3703.md?p=10) with respect to trespass.

## Source credit

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