[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2874 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2874

  To improve the management of Indian fish and wildlife resources on 
                 Indian lands, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1993

 Mr. Richardson (for himself and Mr. Thomas of Wyoming) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  To improve the management of Indian fish and wildlife resources on 
                 Indian lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Fish and Wildlife Resource 
Enhancement Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds and declares that--
            (1) the United States and Indian tribes have a government-
        to-government relationship;
            (2) the United States has a trust responsibility to 
        protect, conserve, and enhance Indian fish and wildlife 
        resources consistent with its fiduciary obligation to and its 
        unique relationship with Indian tribes. This trust 
        responsibility extends to all Federal agencies and departments 
        and absent a clear expression of congressional intent to the 
        contrary, the United States has a duty to administer Federal 
        fish and wildlife conservation laws in a manner consistent with 
        the treaty rights of Indian tribes;
            (3) Federal statutes and regulations affecting Indian fish 
        and wildlife resources and tribal resource management 
        activities shall be interpreted in accordance with the trust 
        responsibility set forth in this Act;
            (4) fish and wildlife resources located on Indian lands and 
        treaty-ceded territory continue to provide a resource base for 
        the subsistence, cultural enrichment, and economic support of 
        Indian tribes and individual Indians;
            (5) Indian tribes have jurisdiction over Indian and non-
        Indian hunting and fishing activities on Indian reservations 
        and function as comanagers with tribal, States, and Federal 
        authorities to carry out shared management responsibilities for 
        fish and wildlife resources arising from treaties, statutes, or 
        court orders;
            (6) the United States has an obligation to provide 
        assistance to Indian tribes to monitor and regulate Indian 
        hunting and fishing activities, to protect and conserve 
        populations and habitats of tribal fish and wildlife resources, 
        and to maintain fish hatcheries and other facilities required 
        for the prudent management, enhancement, and mitigation of fish 
        and wildlife resources; and
            (7) increased and improved management of Indian fish and 
        wildlife resources will yield increased economic returns, 
        enhance Indian self-determination, promote employment 
        opportunities, and improve the social and economic well-being 
        of Indian and surrounding communities.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to reaffirm and protect Indian hunting, fishing, and 
        gathering rights and to provide for the conservation, prudent 
        management, enhancement, orderly development and use of the 
        resources upon which the meaningful exercise of such rights 
        depend;
            (2) to maximize tribal capability and flexibility in 
        managing fish and wildlife resources for the continuing benefit 
        of Indian people, and in comanaging shared resources for the 
        benefit of the Nation, in a manner consistent with Indian trust 
        and rights protection responsibilities;
            (3) to support Indian self-determination and tribal self-
        governance by authorizing and encouraging government-to-
        government communications and cooperative agreements between 
        Federal, State, and local governments and to foster tribal 
        participation in multijurisdictional fish and wildlife resource 
        decisionmaking; and
            (4) to establish an Indian Fish and Wildlife Resource 
        Management Education Assistance Program within the Bureau of 
        Indian Affairs to promote and develop full tribal capability 
        and multidisciplinary competence in managing fish and wildlife 
        resource programs.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``Bureau'' means the Bureau of Indian Affairs 
        within the Department of the Interior.
            (2) The term ``Indian fish hatchery'' means any multi- or 
        single-purpose facility owned or operated by an Indian tribe or 
        the Bureau, or by the United States Fish and Wildlife Service 
        on an Indian reservation, which is engaged in the spawning, 
        hatching, rearing, holding or caring for or stocking of fish, 
        including any related research and diagnostic fish health 
        facility.
            (3) The term ``fish hatchery maintenance'' means work that 
        is required at periodic intervals to prolong the life of a fish 
        hatchery and its components and associated equipment.
            (4) The term ``fish hatchery rehabilitation'' means work 
        that is required to address the physical deterioration or 
        functional obsolescence of a fish hatchery building, structure 
        or other facility component, or to repair, modify, or improve a 
        fish hatchery building, structure or other facility component.
            (5) The term ``forest land management activity'' has the 
        same meaning given to such term by section 304(4) of the Indian 
        Forest Resources Management Act (25 U.S.C. 3103(4)).
            (6) The term ``Indian fish and wildlife resource'' means 
        any species of animal or plant life located on Indian 
        reservations or in which Indians have a right protected by 
        Federal law to fish, hunt, trap, or gather for subsistence, 
        ceremonial, recreational or commercial purposes, or for which 
        an Indian tribe has management or comanagement 
        responsibilities.
            (7) The term ``Indian'' means a member of an Indian tribe 
        as defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            (8) The term ``Indian land'' means land, the title to which 
        is held by--
                    (A) the United States in trust for an Indian or 
                Indian tribe; or
                    (B) an Indian or Indian tribe, and is subject to 
                restrictions against alienation.
            (9) The term ``Indian reservation'' includes reservations 
        established pursuant to treaties, Acts of Congress or Executive 
        orders, and public domain Indian allotments, and former Indian 
        reservations in the State of Oklahoma.
            (10) The term ``Indian tribe'' means any Indian tribe, 
        band, nation, pueblo, or other organized group or community 
        which is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            (11) The term ``integrated resource management plan'' means 
        the plan developed pursuant to the process used by tribal 
        governments to assess available resources and to provide 
        identified holistic management objectives that include quality 
        of life, production goals and landscape descriptions of all 
        designated resources that may include (but not be limited to) 
        water, fish, wildlife, forestry, agriculture, minerals, and 
        recreation, as well as community and municipal resources, and 
        may include any previously adopted tribal codes and plans 
        related to such resources.
            (12) The term ``resource management activities'' means all 
        activities performed in managing Indian fish and wildlife 
        resources. This term shall not include forest land management 
        activities.
            (13) The term ``Secretary'' means the Secretary of the 
        Interior.
            (14) The term ``treaty ceded territory'' means the land 
        ceded to the United States by treaty upon which the ceding 
        tribe or tribes retain hunting, fishing, and gathering rights.
            (15) The term ``tribal organization'' has the meaning given 
        to such term by section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).

SEC. 5. INDIAN FISH AND WILDLIFE RESOURCE MANAGEMENT PROGRAM.

    (a) Management Objectives.--Consistent with the provisions of the 
Indian Self-Determination and Education Assistance Act (Public Law 93-
638), the Secretary shall provide for the management of Indian fish and 
wildlife resources to achieve the following objectives:
            (1) To protect, conserve, and enhance fish and wildlife 
        resources that are important to Indian tribes for subsistence, 
        cultural enrichment, and economic development and to promote 
        the development of these resources for the benefit of Indian 
        tribes and their members.
            (2) To protect Indian hunting, fishing, and gathering 
        rights guaranteed to Indian tribes by the United States through 
        treaty, statute, or Executive order.
            (3) To provide for the development and enhancement of the 
        capacities of Indian tribes to manage Indian fish and wildlife 
        resources.
            (4) To selectively develop and increase production of 
        certain fish and wildlife resources in order to provide for the 
        subsistence, economic, and employment needs of Indian tribes.
            (5) To manage Indian fish and wildlife resources consistent 
        with integrated resource management plans in order to protect 
        and maintain other values such as Indian forest resources, 
        Indian agricultural resources, cultural resources, aesthetics, 
        recreation, and other traditional values.
    (b) Management Program.--(1) The Secretary, in full consultation 
with Indian tribes, shall establish the Indian Fish and Wildlife 
Resource Management Program in order to achieve the objectives set 
forth in subsection (a).
    (2) The Secretary shall promote and provide assistance for the 
tribal management of Indian fish and wildlife resources through 
contracts, cooperative agreements, or grants under the Indian Self-
Determination Act (25 U.S.C. 450 et seq.).
    (3) The Secretary, upon the request of any Indian tribe or tribal 
organization, shall enter into a contract with the tribe or tribal 
organization to plan, conduct, and administer any program within the 
Department of the Interior which affects Indian fish and wildlife 
resources and is currently administered by the Secretary.
    (c) Management Activities.--Indian fish and wildlife resource 
management activities carried out under the program established under 
subsection (b) may include (but shall not be limited to)--
            (1) the development, implementation, and enforcement of 
        tribal codes, ordinances, and regulations;
            (2) the development and implementation of resource and 
        management plans, surveys, and inventories;
            (3) conducting fish and wildlife population and life 
        history investigations, habitat investigations, habitat 
        restoration, harvest management, and use studies;
            (4) fish production and hatchery management;
            (5) the development of tribal conservation programs, 
        including employment and training of tribal conservation 
        enforcement officers; and
            (6) participation in joint or cooperative management fish 
        and wildlife resources on a regional basis with Federal, State, 
        Tribal, and local authorities.
    (d) Assistance.--The Secretary is authorized to provide financial 
and technical assistance to enable Indian tribes to--
            (1) conduct a review of existing tribal codes, ordinances, 
        and regulations governing the management of fish and wildlife 
        resources;
            (2) update and revise tribal codes, ordinances, and 
        regulations governing tribal fish and wildlife resource 
        protection and use;
            (3) determine and document the need for tribal conservation 
        officers, tribal fisheries and wildlife biologists, and other 
        professionals to administer Indian fish and wildlife resource 
        management programs;
            (4) provide training to and develop curricula for Indian 
        fish and wildlife resource personnel, including tribal 
        conservation officers, which incorporate law enforcement, fish 
        and wildlife conservation, identification and resource 
        management principles and techniques; and
            (5) determine and document the condition of the Indian fish 
        and wildlife resources.
    (e) Indian Fish and Wildlife Resource Management Plans.--(1) To 
meet the management objectives set forth in subsection (a), an Indian 
fish and wildlife resource management plan shall be developed and 
implemented as follows:
            (A) Pursuant to a self-determination contract or self-
        governance compact under the Indian Self-Determination Act, an 
        Indian tribe may develop or implement an Indian fish and 
        wildlife management plan. Subject to the provisions of 
        subparagraph (C), the tribe shall have broad discretion in 
        designing and carrying out the planning process.
            (B) If a tribe chooses not to contract the development or 
        implementation to plan, the Secretary shall develop or 
        implement the plan in close consultation with the affected 
        tribe.
            (C) Whether developed directly by the tribe or by the 
        Secretary, the plan shall--
                    (i) determine the condition of fish and wildlife 
                resources and habitat conditions,
                    (ii) identify specific tribal fish and wildlife 
                resource goals and objectives,
                    (iii) establish management objectives for the 
                resources,
                    (iv) define critical values of the Indian tribe and 
                its members and provide identified holistic management 
                objectives,
                    (v) be developed through public meetings,
                    (vi) use the public meeting records, existing 
                survey documents, reports, and other research from 
                Federal agencies and tribal community colleges, and
                    (vii) be completed within three years of the 
                initiation of activity to establish the plan.
    (2) Indian fish and wildlife management plans developed and 
approved under this section shall govern the management and 
administration of Indian fish and wildlife resources by the Bureau and 
the Indian tribal government.

SEC. 6. TRIBAL CONSULTATION.

    The Secretary, in any departmental action which affects Indian fish 
and wildlife resources, shall fully consult with and seek the 
participation of Indian tribes in a manner consistent with the Federal 
trust responsibility and the government-to-government relationship 
between Indian tribes and the Federal Government.

SEC. 7. INDIAN FISH HATCHERY PROGRAM.

    (a) Establishment.--The Secretary, with the full and active 
participation of Indian tribes, shall establish and administer an 
Indian Fish Hatchery Program within the Bureau of Indian Affairs to 
produce and distribute to Indian tribes a variety of species of fish to 
assist Indian tribes to develop tribal hatcheries and enhance fish 
resources on the reservation.
    (b) Needs Report.--Within one year after the date of enactment of 
this Act, the Secretary, with the full and active participation of 
Indian tribes, shall transmit a report to the Congress identifying the 
facilities which comprise the Indian Fish Hatchery Program, the 
maintenance, rehabilitation, and construction needs of such facilities, 
and providing a plan for their administration and cost-effective 
operation.

SEC. 8. INDIAN BISON CONSERVATION PROGRAM.

    (a) General Authorization.--The Secretary is authorized to enter 
into contracts with or make grants to Indian tribes and tribal 
organizations to develop and maintain an Indian Bison Conservation 
Program to meet tribal subsistence, ceremonial, commercial, and 
resource needs.
    (b) Required Content.--An Indian Bison Conservation Program 
established under this section shall provide for the preservation, 
restoration, production, care and management of bison.
    (c) Use of Funds.--Funds provided under this section may be used 
to--
            (1) develop and implement bison management plans, surveys, 
        and inventories;
            (2) conduct research on bison populations and habitat;
            (3) undertake habitat restoration; and
            (4) develop range ecology and conservation programs.

SEC. 9. EDUCATION IN FISH AND WILDLIFE RESOURCE MANAGEMENT.

    (a) Fish and Wildlife Resources Intern Program.--(1) The Secretary 
shall establish a Fish and Wildlife Resources Intern Program within the 
Bureau, for at least 20 Indian fish and wildlife intern positions. Such 
positions shall be in addition to the forester intern positions 
authorized in section 314(a) of the National Indian Forest Resources 
Management Act (25 U.S.C. 3113(a)). Individuals selected as interns 
shall be enrolled full-time in approved post-secondary or graduate 
schools in curricula leading to advanced degrees in fish and wildlife 
resource management related fields.
    (2) The Secretary shall pay all costs for tuition, books, fees, and 
living expenses incurred by Indian fish and wildlife interns while 
attending approved study programs.
    (3) An Indian fish and wildlife resource intern shall be required 
to enter into an obligated service agreement to serve in a professional 
fish and wildlife management related capacity with an Indian tribe or 
tribal organization, or with the Bureau of Indian Affairs or the United 
States Fish and Wildlife Service serving or benefiting Indian lands for 
one year for each year of education that the Secretary pays the 
intern's educational costs under paragraph (1).
    (4) An Indian fish and wildlife resource intern shall be required 
to report for service to his employing entity during any break in 
attendance at school of more than 3 weeks duration. Time spent in such 
service shall be counted toward satisfaction of the intern's obligated 
service agreement.
    (b) Cooperative Education Program.--(1) The Secretary shall 
maintain, through the Bureau of Indian Affairs, a cooperative education 
program for the purpose of recruiting promising Indian students who are 
enrolled in secondary schools, tribally controlled community colleges, 
and other postsecondary or graduate schools for employment as 
professional fisheries and wildlife biologists, or other related 
professional with an Indian tribe, tribal organization, or with the 
Bureau or with the United States Fish and Wildlife Service serving or 
benefiting Indian lands.
    (2) Under this program, the Secretary shall pay all costs for 
tuition, books and fees of an Indian student who is enrolled in a 
course of study at an education institution with which the Secretary 
has entered into a cooperative agreement and who is interested in a 
career with an Indian tribe, tribal organization, or the Bureau or with 
the United States Fish and Wildlife Service serving or benefiting 
Indian lands.
    (3) A recipient of assistance under this program shall be required 
to enter into an obligated service agreement to serve as a professional 
fish or wildlife biologist or other related professional position with 
an Indian tribe, tribal organization, the Bureau, or the United States 
Fish and Wildlife Service for one year for each year that the Secretary 
pays the recipient's educational costs pursuant to paragraph (2).
    (c) Scholarship Program.--(1) The Secretary is authorized to grant 
fish and wildlife management scholarships to Indians enrolled in 
accredited programs for postsecondary and graduate fish and wildlife 
resource management related fields of study as full-time students.
    (2) A recipient of a fish and wildlife management scholarship shall 
be required to enter into an obligated service agreement in which the 
recipient agrees to accept employment following completion of the 
recipient's course of study with an Indian tribe, a tribal 
organization, the Bureau, or the United States Fish and Wildlife 
Service for one year for each year the recipient received a 
scholarship.
    (3) The Secretary shall not deny scholarship assistance under this 
subsection solely on the basis of an applicant's scholastic achievement 
if the applicant has been admitted to and remains in good standing in 
an accredited post-secondary or graduate institution.
    (d) Fish and Wildlife Education Outreach.--The Secretary shall 
conduct, through the Bureau of Indian Affairs, with the full and active 
participation of Indian tribes, a fish and wildlife resource and 
education outreach program to explain and stimulate interest in all 
aspects of fish and wildlife management and to generate interest in 
careers as fisheries and wildlife biologists.
    (e) Postgraduate Recruitment.--The Secretary shall establish and 
maintain a program to attract professional Indian fish and wildlife 
biologists who have graduated from post-secondary or graduate schools 
for employment by Indian tribes, tribal organizations, the Bureau, or 
the United States Fish and Wildlife Service, in exchange for the 
assumption by the Secretary of all or a portion of the outstanding 
student loans of the employee, depending upon the period of employment 
involved.
    (f) Adequacy of Programs.--The Secretary shall administer the 
programs described in this section until a sufficient number of 
personnel are available to administer tribal fish and wildlife resource 
management programs on Indian lands.
    (g) Obligated Service.--Where an individual enters into an 
agreement for obligated service in return for financial assistance 
under any provision of this section, the Secretary shall adopt such 
regulations as are necessary to provide for an offer of employment to 
the recipient of such assistance as required by such provision. Where 
an offer of employment is not reasonably made, the regulations shall 
provide that such service shall no longer be required.
    (h) Breach of Contract.--Where an individual fails to accept a 
reasonable offer of employment in fulfillment of such obligated service 
or unreasonably terminates or fails to perform the duties of such 
employment, the Secretary shall require a repayment of the financial 
assistance provided, pro rated for the amount of time of obligated 
service that was performed, together with interest on such amount which 
would be payable if at the time the amounts were paid they were loans 
bearing interest at the maximum legal prevailing rate, as determined by 
the Secretary of the Treasury.

SEC. 10. REGULATIONS.

    Except as otherwise provided by this Act, the Secretary shall 
promulgate final regulations for the implementation of the Act within 
18 months from the date of its enactment. All regulations promulgated 
pursuant to this Act shall be developed by the Secretary with the full 
and active participation of Indian tribes.

SEC. 11. SEVERABILITY.

    If any provision of this Act, or the application of any provision 
of this Act to any person or circumstance, is held invalid, the 
application of such provision or circumstance and the remainder of this 
Act shall not be affected thereby.

SEC. 12. TRUST RESPONSIBILITY.

    Nothing in this Act shall be construed to--
            (1) diminish or expand the trust responsibility of the 
        United States toward Indian fish and wildlife resources, or any 
        legal obligation or remedy resulting therefrom; or
            (2) abrogate, restrict, modify, alter, or diminish any 
        treaty-reserved right of any Indian tribe, or any other rights 
        of Indian tribes under existing Federal laws.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.

                                 <all>

HR 2874 IH----2