§ 161.2. What are the Secretary's authorities under this part?
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/us/cfr/t25/s§ 161.2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Under Section 640d-9(e) of the Settlement Act, lands partitioned under the Settlement Act are subject to the jurisdiction of the tribe to whom partitioned. The laws of the tribe apply to the partitioned lands as in paragraphs (a)(1) and (a)(2) of this section.
(1)Effective October 6, 1980:
(i)All conservation practices on the Navajo Partitioned Lands, including control and range restoration activities, must be coordinated and executed with the concurrence of the Navajo Nation; and
(ii)All grazing and range restoration matters on the Navajo Reservation lands must be administered by BIA, under applicable laws and regulations.
(2)Effective April 18, 1981, the Navajo Nation has jurisdiction and authority over any lands partitioned to it and over all persons on these lands. This jurisdiction and authority apply:
(i)To the same extent as is applicable to those other portions of the Navajo reservation; and
(ii)Notwithstanding any provision of law to the contrary, except where there is a conflict with the laws and regulations referred to in paragraph
(a)of this section.
(b)Under the Agricultural Act, the Secretary is authorized to:
(1)Carry out the trust responsibility of the United States and promote Indian tribal self-determination by providing for management of Indian agricultural lands and renewable resources consistent with tribal goals and priorities for conservation, multiple use, and sustained yield;
(2)Take part in managing Indian agricultural lands, with the participation of the land's beneficial owners, in a manner consistent with the Secretary's trust responsibility and with the objectives of the beneficial owners;
(3)Provide for the development and management of Indian agricultural lands; and
(4)Improve the expertise and technical abilities of Indian tribes and their members by increasing the educational and training opportunities available to Indian people and communities in the practical, technical, and professional aspects of agricultural and land management.