Indian Buffalo Management Act

IB Union Calendar No. 554 116TH CONGRESS 2D SESSION H. R. 5153 [Report No. 116–670] To assist Tribal governments in the management of buffalo and buffalo habitat and for the reestablishment of buffalo on Indian lands. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 18, 2019 Mr. YOUNG (for himself, Ms. HAALAND, and Mr. COLE) introduced the following bill; which was referred to the Committee on Natural Resources DECEMBER 18, 2020 Additional sponsors: Mrs. TORRES of California, Mr. COOK, Mr. LAMALFA, and Mr. FORTENBERRY DECEMBER 18, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on November 18, 2019] VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5153 RH A BILL To assist Tribal governments in the management of buffalo and buffalo habitat and for the reestablishment of buf- falo on Indian lands. VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5153 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Indian Buffalo Manage- 4 ment Act’’. 5 SEC. 2. FINDINGS; PURPOSES. 6 (a) FINDINGS.—Congress finds that— 7 (1) buffalo sustained a majority of Indian Tribes 8 in North America for many centuries, before buffalo 9 were nearly exterminated by non-Indian hunters in 10 the mid-1800s; 11 (2) the historical, cultural, and spiritual connec- 12 tion between buffalo and Indian Tribes has not di- 13 minished over time; 14 (3) Indian Tribes have long desired the reestab- 15 lishment of buffalo throughout Indian country for cul- 16 tural, spiritual, and subsistence purposes; and 17 (4) the successful restoration of buffalo allows an 18 Indian Tribe to benefit from— 19 (A) the reintroduction of buffalo into the 20 diets of the members of the Indian Tribe; 21 (B) the rekindling of the spiritual and cul- 22 tural relationship between buffalo and the In- 23 dian Tribe; and 24 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5153 RH (C) the use of buffalo for economic develop- 1 ment, in the case of an Indian Tribe that chooses 2 to use buffalo for economic development. 3 (b) PURPOSES.—The purposes of this Act are— 4 (1) to fulfill the government-to-government rela- 5 tionship between Tribal governments and the United 6 States in the management of buffalo and buffalo habi- 7 tat; 8 (2) to promote and develop the capacity of In- 9 dian Tribes and Tribal organizations to manage buf- 10 falo and buffalo habitat; 11 (3) to protect, conserve, and enhance Indian buf- 12 falo, which are important to the subsistence, culture, 13 and economic development of many Indian Tribes; 14 (4) to promote the development and use of buf- 15 falo and buffalo habitat for the maximum practicable 16 benefit of Indian Tribes and Tribal organizations, 17 through management of buffalo and buffalo habitats 18 in accordance with integrated resource management 19 plans developed by Indian Tribes and Tribal organi- 20 zations; 21 (5) to develop buffalo herds and increase produc- 22 tion of buffalo in order to meet Tribal subsistence, 23 health, cultural, and economic development needs; and 24 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5153 RH (6) to promote the inclusion of Indian Tribes 1 and Tribal organizations in Department, local, re- 2 gional, national, or international— 3 (A) decision-making processes; or 4 (B) forums. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) BUFFALO.—The term ‘‘buffalo’’ means an 8 animal of the subspecies Bison bison bison. 9 (2) BUFFALO HABITAT.—The term ‘‘buffalo habi- 10 tat’’ means Indian land, as defined in paragraph (4) 11 of this section, that is managed for buffalo. 12 (3) DEPARTMENT.—The term ‘‘Department’’ 13 means the Department of the Interior. 14 (4) INDIAN LAND.—The term ‘‘Indian land’’ has 15 the meaning given the term in paragraph (2) of sec- 16 tion 2601 of the Energy Policy Act of 1992 (25 17 U.S.C. 3501), except that, in that paragraph, the 18 term ‘‘Indian reservation’’ shall be considered to have 19 the meaning given the term ‘‘Indian reservation’’ in 20 paragraph (3) of that section, without regard to the 21 date specified in paragraph (3) of that section. 22 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 23 has the meaning given the term (without regard to 24 capitalization) in section 4 of the Indian Self-Deter- 25 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5153 RH mination and Education Assistance Act (25 U.S.C. 1 5304). 2 (6) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of the Interior. 4 (7) TRIBAL ORGANIZATION.—The term ‘‘Tribal 5 organization’’ means any legally established organiza- 6 tion of Indians which is chartered under section 17 7 of the Act of June 18, 1934 (commonly known as the 8 ‘‘Indian Reorganization Act’’) (25 U.S.C. 5124), by 9 the recognized governing body of any Indian Tribe or 10 Tribes, and with demonstrable experience in the res- 11 toration of buffalo and buffalo habitat on Indian 12 land. 13 SEC. 4. BUFFALO RESOURCE MANAGEMENT. 14 (a) PROGRAM ESTABLISHED.—The Secretary shall es- 15 tablish a permanent program within the Department of the 16 Interior for the purpose of— 17 (1) promoting and developing the capacity of In- 18 dian Tribes and Tribal organizations to manage buf- 19 falo and buffalo habitat; 20 (2) promoting the ability of Indian Tribes and 21 Tribal organizations to protect, conserve, and enhance 22 populations of buffalo that are owned by Indian 23 Tribes or Tribal organizations; 24 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5153 RH (3) promoting the development and use of buffalo 1 and buffalo habitat for the maximum practicable ben- 2 efit of Indian Tribes and Tribal organizations; and 3 (4) promoting the inclusion of Indian Tribes and 4 Tribal organizations in Department, international, 5 national, regional, and local decision making and fo- 6 rums regarding buffalo and buffalo habitat. 7 (b) CONTRACTS AND GRANTS AUTHORIZED.— 8 (1) IN GENERAL.—The Secretary shall enter into 9 contracts and cooperative agreements with, and 10 award grants to, Indian Tribes and Tribal organiza- 11 tions to enable the respective Indian Tribe or Tribal 12 organization to— 13 (A) plan, conduct, or implement a buffalo 14 restoration or management program; 15 (B) plan and execute commercial activities 16 related to buffalo or buffalo products; or 17 (C) carry out other activities related to buf- 18 falo restoration and management. 19 (2) NO DIMINISHMENT OF LAWS AND REGULA- 20 TIONS.—Nothing in this subsection shall be inter- 21 preted to diminish any Federal or State law or regu- 22 lation of diseased buffalo or buffalo that escape from 23 Indian land. 24 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5153 RH (c) TECHNICAL ASSISTANCE.—The Secretary shall 1 provide technical assistance to an Indian Tribe or Tribal 2 organization that enters into a contract or cooperative 3 agreement or receives a grant under this section to assist 4 that Indian Tribe or Tribal organization in— 5 (1) carrying out the activities of a buffalo or buf- 6 falo habitat restoration or management program; and 7 (2) implementing the activities described in sub- 8 paragraphs (A) through (C) of subsection (b)(1). 9 SEC. 5. CONSULTATION; COORDINATION. 10 (a) CONSULTATION.—Not later than 1 year after the 11 date of the enactment of this Act, and on an ongoing basis 12 thereafter, the Secretary shall consult with Indian Tribes 13 and Tribal organizations on initiatives of the Department 14 that affect buffalo or buffalo habitat, including efforts of the 15 Department to contain or eradicate diseased buffalo. 16 (b) COORDINATION.—The Secretary shall develop a 17 policy relating to buffalo and buffalo habitat management 18 activities on Indian land, in accordance with— 19 (1) the goals and objectives set forth in buffalo 20 management programs approved by Indian Tribes; 21 and 22 (2) Tribal laws and ordinances. 23 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5153 RH SEC. 6. PROTECTION OF INFORMATION. 1 Notwithstanding any other provision of law, the Sec- 2 retary shall not disclose or cause to be disclosed any infor- 3 mation provided to the Secretary by an Indian Tribe or 4 Tribal organization that is identified by the Indian Tribe 5 or Tribal organization as culturally sensitive, proprietary, 6 or otherwise confidential. 7 SEC. 7. BUFFALO FROM FEDERAL LAND. 8 (a) IN GENERAL.—The Secretary may enter into an 9 agreement with an Indian Tribe or Tribal organization to 10 dispose of surplus buffalo on Federal land administered by 11 the Department applicable, by transporting such buffalo 12 onto Indian land. 13 (b) APPLICATION.—An Indian Tribe or Tribal organi- 14 zation may submit to the Secretary an application to re- 15 ceive buffalo described in subsection (a) at such time, in 16 such manner, and containing such information as the Sec- 17 retary may require. 18 (c) WAIVER OF CHARGES.—The Secretary may waive 19 any charges for the buffalo described in subsection (a), in- 20 cluding any deposit or payment for services as described 21 in section 10.2 of title 36, Code of Federal Regulation, or 22 any successor regulation. 23 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 24 There is authorized to be appropriated to the Secretary 25 for grants to implement this Act, $14,000,000 for the first 26 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5153 RH fiscal year beginning after the date of the enactment of this 1 Act and for each fiscal year thereafter. 2 VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 554 116TH CONGRESS 2D SESSION H. R. 5153 [Report No. 116–670] A BILL To assist Tribal governments in the management of buffalo and buffalo habitat and for the reestab- lishment of buffalo on Indian lands. DECEMBER 18, 2020 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H5153.RH H5153 pamtmann on DSKBC07HB2PROD with BILLS