Indian Buffalo Management Act

IIB 117TH CONGRESS 1ST SESSION H. R. 2074 IN THE SENATE OF THE UNITED STATES DECEMBER 9, 2021 Received; read twice and referred to the Committee on Indian Affairs AN ACT To assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 2074 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Indian Buffalo Man- 2 agement Act’’. 3 SEC. 2. FINDINGS; PURPOSES. 4 (a) FINDINGS.—Congress finds that— 5 (1) buffalo sustained a majority of Indian 6 Tribes in North America for many centuries before 7 buffalo were nearly exterminated by non-Indian 8 hunters in the mid-1800s; 9 (2) the historical, cultural, and spiritual connec- 10 tion between buffalo and Indian Tribes has not di- 11 minished over time; 12 (3) Indian Tribes have long desired the reestab- 13 lishment of buffalo throughout Indian country for 14 cultural, spiritual, and subsistence purposes; and 15 (4) the successful restoration of buffalo would 16 allow an Indian Tribe to benefit from— 17 (A) the reintroduction of buffalo into the 18 diets of the members of the Indian Tribe; 19 (B) the rekindling of the spiritual and cul- 20 tural relationship between buffalo and the In- 21 dian Tribe; and 22 (C) the use of buffalo for economic devel- 23 opment, in the case of an Indian Tribe that 24 chooses to use buffalo for economic develop- 25 ment. 26 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 2074 RFS (b) PURPOSES.—The purposes of this Act are— 1 (1) to fulfill the government-to-government rela- 2 tionship between Tribal governments and the United 3 States in the management of buffalo and buffalo 4 habitat; 5 (2) to promote and develop the capacity of In- 6 dian Tribes and Tribal organizations to manage buf- 7 falo and buffalo habitat; 8 (3) to protect, conserve, and enhance buffalo, 9 which are important to the subsistence, culture, and 10 economic development of many Indian Tribes; 11 (4) to promote the development and use of buf- 12 falo and buffalo habitat for the maximum prac- 13 ticable benefit of Indian Tribes and Tribal organiza- 14 tions, through management of buffalo and buffalo 15 habitats in accordance with integrated resource 16 management plans developed by Indian Tribes and 17 Tribal organizations; 18 (5) to develop buffalo herds and increase pro- 19 duction of buffalo in order to meet Tribal subsist- 20 ence, health, cultural, and economic development 21 needs; and 22 (6) to promote the inclusion of Indian Tribes 23 and Tribal organizations in Department of the Inte- 24 rior, local, regional, national, or international— 25 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 2074 RFS (A) decision-making processes; and 1 (B) forums. 2 SEC. 3. DEFINITIONS. 3 In this Act: 4 (1) BUFFALO.—The term ‘‘buffalo’’ means an 5 animal of the subspecies Bison bison bison. 6 (2) BUFFALO HABITAT.—The term ‘‘buffalo 7 habitat’’ means Indian land, as defined in paragraph 8 (4) of this section, that is managed for buffalo. 9 (3) DEPARTMENT.—The term ‘‘Department’’ 10 means the Department of the Interior. 11 (4) INDIAN LAND.—The term ‘‘Indian land’’ 12 has the meaning given the term in paragraph (2) of 13 section 2601 of the Energy Policy Act of 1992 (25 14 U.S.C. 3501), except that, in that paragraph, the 15 term ‘‘Indian reservation’’ shall be considered to 16 have the meaning given the term ‘‘Indian reserva- 17 tion’’ in paragraph (3) of that section, without re- 18 gard to the date specified in paragraph (3) of that 19 section. 20 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 21 has the meaning given the term in section 4 of the 22 Indian Self-Determination and Education Assistance 23 Act (25 U.S.C. 5304). 24 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 2074 RFS (6) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of the Interior. 2 (7) TRIBAL ORGANIZATION.—The term ‘‘Tribal 3 organization’’ means any legally established organi- 4 zation of Indians that— 5 (A) is chartered under section 17 of the 6 Act of June 18, 1934, (commonly known as the 7 ‘‘Indian Reorganization Act’’) (25 U.S.C. 8 5124), which is recognized by the governing 9 body of any Indian Tribe or Tribes; or 10 (B) is a Tribal corporation federally char- 11 tered under section 3 of the Oklahoma Indian 12 Welfare Act (25 U.S.C. 5203); and 13 (C) has demonstrable experience in the 14 restoration of buffalo and buffalo habitat on In- 15 dian land. 16 SEC. 4. BUFFALO RESOURCE MANAGEMENT. 17 (a) PROGRAM ESTABLISHED.—The Secretary shall 18 establish a permanent program within the Department of 19 the Interior for the purposes of— 20 (1) promoting and developing the capacity of 21 Indian Tribes and Tribal organizations to manage 22 buffalo and buffalo habitat; 23 (2) promoting the ability of Indian Tribes and 24 Tribal organizations to protect, conserve, and en- 25 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 2074 RFS hance populations of buffalo that are owned by In- 1 dian Tribes or Tribal organizations; 2 (3) promoting the development and use of buf- 3 falo and buffalo habitat for the maximum prac- 4 ticable benefit of Indian Tribes and Tribal organiza- 5 tions; and 6 (4) promoting the inclusion of Indian Tribes 7 and Tribal organizations in Department, inter- 8 national, national, regional, and local decision-mak- 9 ing and forums regarding buffalo and buffalo habi- 10 tat. 11 (b) CONTRACTS AND GRANTS AUTHORIZED.— 12 (1) IN GENERAL.—The Secretary shall enter 13 into contracts and cooperative agreements with, and 14 award grants to, Indian Tribes and Tribal organiza- 15 tions to enable the Indian Tribes and Tribal organi- 16 zations— 17 (A) to plan, conduct, or implement a buf- 18 falo restoration or management program; 19 (B) to plan and execute commercial activi- 20 ties related to buffalo or buffalo products; or 21 (C) to carry out other activities relating to 22 buffalo restoration and management. 23 (2) NO DIMINISHMENT OF LAWS AND REGULA- 24 TIONS.—Nothing in this subsection diminishes any 25 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 2074 RFS Federal or State law (including regulations) regard- 1 ing diseased buffalo or buffalo that escape from In- 2 dian land. 3 (c) TECHNICAL ASSISTANCE.—The Secretary shall 4 provide technical assistance to an Indian Tribe or Tribal 5 organization that enters into a contract or cooperative 6 agreement or receives a grant under this section to assist 7 an Indian Tribe or Tribal organization in— 8 (1) carrying out the activities of a buffalo or 9 buffalo habitat restoration or management program; 10 and 11 (2) implementing the activities described in sub- 12 paragraphs (A) through (C) of subsection (b)(1). 13 SEC. 5. CONSULTATION; COORDINATION. 14 (a) CONSULTATION.—Not later than 1 year after the 15 date of enactment of this Act, and on an ongoing basis 16 thereafter, the Secretary shall consult with Indian Tribes 17 and Tribal organizations on initiatives of the Department 18 that affect buffalo or buffalo habitat, including efforts of 19 the Department to contain or eradicate diseased buffalo. 20 (b) COORDINATION.—The Secretary shall develop a 21 policy relating to buffalo and buffalo habitat management 22 activities on Indian land, in accordance with— 23 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 2074 RFS (1) the goals and objectives described in buffalo 1 management programs approved by Indian Tribes; 2 and 3 (2) Tribal laws and ordinances. 4 SEC. 6. PROTECTION OF INFORMATION. 5 Notwithstanding any other provision of law, the Sec- 6 retary shall not disclose or cause to be disclosed any infor- 7 mation provided to the Secretary by an Indian Tribe or 8 Tribal organization that is identified by the Indian Tribe 9 or Tribal organization as culturally sensitive, proprietary, 10 or otherwise confidential. 11 SEC. 7. BUFFALO FROM FEDERAL LAND. 12 (a) IN GENERAL.—The Secretary may enter into an 13 agreement with an Indian Tribe or Tribal organization to 14 dispose of surplus buffalo on Federal land administered 15 by the Department, as applicable, by transporting such 16 buffalo onto Indian land. 17 (b) APPLICATION.—An Indian Tribe or Tribal orga- 18 nization may submit to the Secretary an application to re- 19 ceive buffalo described in subsection (a) at such time, in 20 such manner, and containing such information as the Sec- 21 retary may require. 22 (c) WAIVER OF CHARGES.—The Secretary may waive 23 any charges for the buffalo described in subsection (a), 24 including any deposit or payment for services as described 25 VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 2074 RFS in section 10.2 of title 36, Code of Federal Regulations 1 (or any successor regulation). 2 SEC. 8. TREATY RIGHTS RETAINED. 3 Nothing in this Act alters, modifies, diminishes, or 4 extinguishes the treaty rights of any Indian Tribe. 5 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 6 There is authorized to be appropriated to the Sec- 7 retary to carry out this Act $14,000,000 for fiscal year 8 2022 and each fiscal year thereafter. 9 Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074 pbinns on DSKJLVW7X2PROD with BILLS