[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2301 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2301

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2004

  Mr. Inouye introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To improve the management of Indian fish and wildlife and gathering 
                   resources, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Fish and Wildlife Resources Management Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
              TITLE II--TRIBAL FISH AND WILDLIFE PROGRAMS

Sec. 201. Management of Tribal Fish and Wildlife Programs.
Sec. 202. Education in Tribal Fish and Wildlife Resource Management.
Sec. 203. Tribal Fish Hatchery Assistance Program.
          TITLE III--ALASKA NATIVE FISH AND WILDLIFE PROGRAMS

Sec. 301. Management of Native Fish and Wildlife Programs in Alaska.
Sec. 302. Subsistence Resources and Management Planning.
Sec. 303. Alaska Native Seafood and Resource Marketing Assistance 
                            Program.
   TITLE IV--TRIBAL SEAFOOD AND RESOURCE MARKETING ASSISTANCE PROGRAM

Sec. 401. Establishment of Tribal Seafood and Resource Marketing 
                            Assistance Program.
Sec. 402. Market Development Loan and Grants Program.
 TITLE V--TRIBAL BUFFALO CONSERVATION AND MANAGEMENT [to be developed]

                  TITLE VI--MISCELLANEOUS PROVISIONS.

Sec. 601. Authorization of Appropriations.
Sec. 602. Regulations.
Sec. 603. Savings.
Sec. 604. Severability.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    Congress finds that--
            (1) the United States and Indian tribes have a government-
        to-government relationship;
            (2) Indian tribes exercise governmental authority over 
        their citizens and their lands, and retain all aspects of their 
        inherent sovereignty not explicitly ceded to the United States;
            (3) the wise use and sustainable management of tribal fish 
        and wildlife resources has a direct effect on the economic 
        security and health and welfare of Indian tribes;
            (4) Indian tribes retain the sovereign governmental 
        authority to exercise some aspects of civil jurisdiction over 
        non-members on their reservations, including the exercise of 
        some aspects of civil jurisdiction on non-trust lands;
            (5) Federal canons of construction require that any 
        modification of a treaty must be expressly provided for by the 
        Congress;
            (6) the United States has a trust responsibility to 
        protect, conserve, and manage tribal natural resources, 
        including fish and wildlife and gathering resources, consistent 
        with the rights reserved by Indian tribes as reflected in 
        treaties and other agreements with the United States, and 
        judicial decrees;
            (7) the United States 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 and resource management programs in a manner consistent 
        with its fiduciary obligation to honor and protect the rights 
        reserved by Indian tribes as reflected in treaties and other 
        agreements with the United States, and judicial decrees;
            (8) Federal statutes and regulations affecting tribal fish 
        and wildlife resources and management activities shall be 
        interpreted in accordance with long-standing principles of 
        Federal-Indian law, statutes, and judicial decrees which inform 
        the relationship between Indian tribal governments and the 
        United States;
            (9) the United States recognizes that fish and wildlife 
        resources located on tribal lands, in regional tribal resource 
        management areas, and in ceded territory in which hunting, 
        fishing, and gathering rights reserved by Indian tribes in 
        treaties and other agreements with the United States, and in 
        judicial decrees, continue to provide sustenance, cultural 
        enrichment, and economic stability for Indian tribes through 
        employment in resource management occupations;
            (10) Indian tribal governments retain sovereign 
        governmental authority and jurisdiction to regulate hunting and 
        fishing activities on tribal lands as well as governmental 
        authority to regulate the hunting and fishing activities of 
        tribal citizens on lands outside of reservation boundaries;
            (11) Indian tribal governments serve as co-managers of fish 
        and wildlife resources with governments of other tribes, 
        States, and the United States, sharing management 
        responsibilities for fish and wildlife resources pursuant to 
        treaties and agreements with the United States, statutes, and 
        judicial decrees;
            (12) since time immemorial, Indian cultures, religious 
        beliefs and customs have centered around their relationships 
        with fish, wildlife, and gathering resources, and Indian people 
        have relied on these resources for food, shelter, clothing, 
        tools, and trade;
            (13) Indian fish and wildlife resources are renewable and 
        manageable natural resources that are among the most valuable 
        tribal assets and which are vital to the well-being of Indian 
        people;
            (14) Indian lands contain millions of acres of natural 
        lakes, woodlands, and impoundments, thousand of perennial 
        streams, and tens of millions of acres of wildlife habitat;
            (15) Indian and Alaska Native fish and wildlife programs 
        contribute significantly to the conservation and enhancement of 
        fish, wildlife, and gathering resources, including those 
        resources which are classified as threatened or endangered;
            (16) Federal, State, and tribal fish hatcheries produce 
        tens of millions of salmon, steelhead, walleye, and other fish 
        species annually, benefitting both Indian and non-Indian sport 
        and commercial fisheries in the United States and Canada, and 
        serving Indian subsistence and ceremonial needs;
            (17) Indian reservations and Alaska Native communities 
        continue to suffer from the highest rates of unemployment in 
        the nation, and the current economic infrastructure and capital 
        base of many tribes and Native communities does not provide 
        adequate support to take advantage of economic opportunities;
            (18) comprehensive and improvement management of Indian 
        fish and wildlife resources will yield greater economic 
        returns, enhance Indian self-determination, strengthen tribal 
        self-governance, promote employment opportunities, and improve 
        the social, cultural, and economic well-being of Indian and 
        neighboring communities;
            (19) the United States has a responsibility to provide 
        assistance to Indian tribes to--
                    (A) enable integrated management and regulation of 
                hunting, fishing, trapping, and gathering activities on 
                tribal lands, including the protection, conservation, 
                and enhancement of resource populations and habitats 
                upon which the meaningful exercise of Indian rights 
                depend;
                    (B) develop integrated resource management plans, 
                cooperative management agreements, and regulations 
                addressing hunting, fishing, trapping, and gathering 
                activities on tribal lands, including the protection, 
                conservation, and enhancement of resource populations 
                and habitats upon which the meaningful exercise of 
                subsistence activities depend;
                    (C) maintain fish hatcheries and other facilities 
                and structures required for the prudent management, 
                enhancement, and mitigation of fish and wildlife 
                resources; and
                    (D) assist Indian tribal governments in developing 
                and enhancing economic opportunities associated with 
                the conservation and management of fish and wildlife 
                resources;
            (20) the United States is committed to the goal of 
        supporting and enhancing tribal self-government, tribal self-
        sufficiency, and the economic development of Native communities 
        as expressed through numerous Federal statutes; and
            (21) while the existing network of Federal laws and 
        programs provide a framework for the protection and management 
        of Indian fish and wildlife resources, gathering resources, and 
        the operation and maintenance of Indian fish production 
        programs and facilities, an integrated and comprehensive 
        approach to these programs will help to ensure the coordination 
        of Federal agency activities with those of Indian tribal 
        governments as well as the efficiency and effectiveness of 
        Federal and tribal government programs.

SEC. 102. PURPOSES.

    The purposes of this Act are--
            (1) to reaffirm and protect Indian hunting, fishing, 
        trapping, and gathering rights, and to provide for the 
        conservation, prudent management, enhancement, orderly 
        development, and wise use of the resources upon which the 
        meaningful exercise of Indian tribal rights depend;
            (2) to enhance and maximize tribal capability and capacity 
        to meaningfully participate in managing fish and wildlife 
        resources for the continuing benefit of Indian people, and in 
        co-managing shared resources for the benefit of the Nation, in 
        a manner consistent with the exercise of tribal hunting, 
        fishing, trapping, and gathering rights and the United States 
        trust responsibility to protect the rights reserved by Indian 
        tribes in treaties with the United States and tribal resources;
            (3) to support the Federal policy of Indian self-
        determination and tribal self-governance by authorizing and 
        encouraging government-to-government relations and cooperative 
        agreements amongst Federal, State, local, and tribal 
        governments, as well as international agencies and commissions 
        responsible for multijurisdictional decision-making regarding 
        fish and wildlife resources;
            (4) to authorize and establish an Indian Fish Hatchery 
        Assistance Program that may be administered by Indian tribal 
        governments to address Indian hatchery needs and fulfill tribal 
        co-management responsibilities;
            (5) to authorize and establish an Indian Fish and Wildlife 
        Resource Management Education Assistance and Cooperative 
        Research Unit Program to promote and develop full tribal 
        technical capability and competence in managing fish and 
        wildlife resource programs and to authorize the Secretary of 
        the Interior, the Secretary of Commerce, the Secretary of 
        Agriculture, and other Federal agencies to enter into 
        cooperative agreements with Indian tribal governments and 
        tribal organizations, colleges, universities, and nonprofit 
        organizations for the administration of tribal fish and 
        wildlife cooperative research units;
            (6) to establish a buffalo conservation and management 
        program; and
            (7) to authorize and establish an Indian Seafood and 
        Resource Marketing Assistance Program within the Department of 
        Commerce, to provide assistance to and support for the efforts 
        of tribal governments to develop and enhance domestic and 
        international markets for seafood, seafood products, and other 
        natural resources.

SEC. 103. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Bureau'' means the Bureau of Indian Affairs 
        within the U.S. Department of the Interior;
            (2) the term ``ceded territory'' means land ceded by an 
        Indian tribe or tribes in a treaty with the United States upon 
        which the tribe or tribes retain hunting, fishing, and 
        gathering rights;
            (3) the terms ``co-management'' or ``cooperative 
        management'' mean a process involving two or more governments 
        or governmentally-chartered entities jointly exercising their 
        respective jurisdiction over or responsibilities for the 
        management or use of a fish or wildlife resource during some 
        phase of the life cycle of that resource;
            (4) the term ``cooperative agreement'' means a written 
        agreement entered into by two or more governments or parties 
        agreeing to work together to actively protect, conserve, 
        enhance, restore, or otherwise manage fish and wildlife 
        resources;
            (5) the term ``Indian fish hatchery'' means any single-
        purpose or multi-purpose facility in which the spawning, 
        hatching, rearing, holding, caring for, or stocking of fish 
        takes place including related research and diagnostic fish 
        health facilities, and which is--
                    (A) owned or operated by an Indian tribal 
                government, the Bureau of Indian Affairs, or the U.S. 
                Fish and Wildlife Service on Indian lands;
                    (B) owned or operated by any government agency 
                pursuant to Federal statute and has as one of its 
                purposes the mitigation, compensation, restoration, or 
                recovery of fish resources subject to reserved tribal 
                treaty rights and for which an Indian tribe has entered 
                into a cooperative agreement or for which an Indian 
                tribe has petitioned the administering agency to enter 
                into a cooperative agreement for the co-management of 
                fish resources;
                    (C) owned or operated by a State government or a 
                State institution of higher education, and for which an 
                Indian tribe or tribes have entered into a cooperative 
                management agreement;
            (6) the term ``fish hatchery maintenance'' means work that 
        is required at periodic intervals to prolong the life of a fish 
        hatchery, hatchery components, and associated equipment, in 
        order to prevent the need for premature replacement or repair;
            (7) the term ``fish hatchery rehabilitation'' means non-
        cyclical work that is required to address the physical 
        deterioration and functional obsolescence of a fish hatchery 
        building, structure, or other facility component, or to repair 
        damage, or to repair damage resulting from aging, natural 
        phenomena, and other causes, including work to repair, modify, 
        or improve facility components to enhance their original 
        function, the application of technological advances, and the 
        replacement or acquisition of capital equipment, such as, among 
        others, fish distribution tanks, vehicles, and standby 
        generators;
            (8) the term ``forest land management activity'' has the 
        same meaning given to such term in section 304(4) of the Indian 
        Forest Resources Management Act (25 U.S.C. 3103(4));
            (9) 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(d));
            (10) the term ``Indian fish and wildlife organization'' 
        means a commission, authority, or other entity chartered by one 
        or more Indian tribal governments for the purpose of 
        representing or coordinating tribal interests in pursuing 
        resource management or rights protection goals and strategies;
            (11) the term ``Indian fish and wildlife'' means any 
        species of animal or plant life for which Indians have a right 
        to fish, hunt, trap, or gather for subsistence, ceremonial, 
        recreational, or commercial purposes, or for which an Indian 
        tribal government has management or co-management 
        responsibilities;
            (12) the term ``Indian lands'' means all land within the 
        limits of any Indian reservation which is held in trust by the 
        United States, a former Indian reservation in the State of 
        Oklahoma, dependent Indian communities within the borders of 
        the United States whether within or without the limits of a 
        State, and all Indian allotments for which there is a 
        restriction against alienation;
            (13) the term ``Indian reservation'' means any reservation 
        of land for an Indian tribe established pursuant to treaties, 
        Acts of Congress or Executive Orders, public domain Indian 
        allotments, former Indian reservations in Oklahoma, and 
        dependent Indian communities within the borders of the United 
        States whether within or without the limits of a State;
            (14) the term ``Indian tribe'' means an Indian tribe as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)), which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians;
            (15) the term ``integrated resource management plan'' means 
        a plan developed pursuant to the process used by a tribal 
        government to assess resources and to identify comprehensive 
        management objectives including the quality of life, production 
        goals, and landscape descriptions of all designated resources 
        that may include, but are not limited to, water, fish, 
        wildlife, forestry, agriculture, minerals, recreation, 
        community, and municipal resources, and may include tribal 
        codes and plans related to such resources;
            (16) the term ``regional resource management areas'' means 
        those areas in which an Indian tribal government as a right to 
        fish, hunt, gather, or trap for subsistence, ceremonial, or 
        commercial purposes, or in which an Indian tribal government 
        has management or co-management responsibilities;
            (17) the term ``reserved rights'' means those rights and 
        authorities of an Indian tribal government retained by the 
        Indian tribe in treaties with the United States, including the 
        right to continue to harvest natural resources within ceded 
        lands and customary use areas and the access necessary to 
        exercise those rights;
            (18) the term ``resource management activities'' means all 
        activities performed in managing tribal fish, wildlife, 
        gathering, and related outdoor recreation and resources, 
        including but not limited to--
                    (A) the conduct of fish and wildlife population and 
                life history investigations, habitat investigations, 
                habitat mitigation, enhancement, rehabilitation and 
                restoration projects and programs, harvest management, 
                and use studies;
                    (B) the development and implementation of surveys, 
                inventories, geographic information system programs, 
                and integrated resource management plans for Indian 
                lands, regional resource management areas or 
                traditional use areas;
                    (C) fish production and hatchery management;
                    (D) the development, implementation, and 
                enforcement of tribal fish and wildlife codes, 
                ordinances and regulations;
                    (E) the development of tribal conservation 
                programs, including employment and training of tribal 
                conservation enforcement officers;
                    (F) judicial services;
                    (G) public use and information management and 
                general administration; and
                    (H) participation in joint or cooperative 
                management of fish and wildlife resources on a regional 
                basis with Federal, State, tribal, local, or 
                international authorities;
            (19) the term ``Secretary'' means the Secretary of the U.S. 
        Department of the Interior;
            (20) The term ``seafood'' means any plant or animal that 
        may be gathered, collected, or harvested in marine or fresh 
        water;
            (21) The term ``traditional use area'' means lands that 
        Indian tribes and their members have historically, culturally, 
        and geographically used for spiritual, social, political, 
        economic, and sustenance purposes;
            (22) The term ``tribal co-management'' means the sharing of 
        decision-making, resource information, and management 
        responsibilities with one or more governments in local, 
        regional, national, and international fish and wildlife 
        resource management processes;
            (23) The term ``tribal government'' means the governing 
        body of an Indian tribe; and
            (24) The term ``tribal organization'' has the meaning given 
        to such term in section 4 of the Indian Self-Determination and 
        Educational Assistance Act (25 U.S.C. 450b), including tribal 
        fish and wildlife organizations.

              TITLE II--TRIBAL FISH AND WILDLIFE PROGRAMS

  tribal management of indian fish, wildlife, and gathering resources

SEC. 201. MANAGEMENT OBJECTIVES.

    (a) Consistent with provisions of the Indian Self-Determination and 
Educational Assistance Act (25 U.S.C. 450b et seq.), the Secretary 
shall support tribal administration of Indian fish and wildlife 
resource management activities to achieve the following objectives:
            (1) To carry out the government-to-government relationship 
        between Indian tribal governments and the United States in the 
        management of Indian fish and wildlife resources.
            (2) To protect Indian hunting, fishing, and gathering 
        rights reserved by Indian tribe in treaties with the United 
        States, or guaranteed to Indian tribes by the United States 
        through statute, Executive Order, or court decree.
            (3) To provide for the development and enhancement of the 
        capacities of Indian tribal governments to manage Indian fish 
        and wildlife resources.
            (4) To protect, conserve and enhance Indian fish and 
        wildlife resources that are important to the subsistence, 
        cultural enrichment, and economic development of Indian 
        communities.
            (5) To promote the development and use of Indian fish and 
        wildlife resources for the maximum benefit of Indian people, by 
        managing tribal resources in accordance with tribally-developed 
        integrated resource management plans which provide for the 
        comprehensive management of all natural resources.
            (6) To selectively develop and increase production of 
        certain fish and wildlife resources.
            (7) To support the inclusion of tribal co-management or 
        cooperative activities in local, regional, national, or 
        international decision-making processes and forums.
            (8) To develop and increase the production of fish, 
        wildlife, and gathering resources so as to better meet tribal 
        subsistence, ceremonial, recreational, and commercial needs.
    (b) Management Program.--
            (1) In order to achieve the objectives set forth in 
        subsection (a), the Secretary, in full consultation with Indian 
        tribal governments and tribal organizations, shall establish 
        the Tribal Fish and Wildlife Resource Management Program which 
        shall be administered consistent with the provisions of the 
        Indian Self-Determination and Educational Assistance Act (25 
        U.S.C. 450b et seq.).
            (2) The Secretary shall promote tribal management of tribal 
        fish, wildlife, trapping, and gathering resources, and 
        implementation of this Act, through contracts, cooperative 
        agreements, or grants under the Indian Self-Determination and 
        Educational Assistance Act (25 U.S.C. 450b et seq.), or other 
        Federal laws.
            (3) Upon the request of an Indian tribal government or 
        tribal organization, the Secretary shall enter into a contract, 
        cooperative agreement, or a grant under the Indian Self-
        Determination and Educational Assistance Act with the tribal 
        government or tribal organization to plan, conduct, or 
        administer any program of the Department of the Interior, or 
        portion thereof, which affects tribal fish and wildlife 
        resources and which is currently administered by the Secretary 
        without regard to the agency or office of the Department of the 
        Interior or the organizational level within the Department.
            (4) Upon the request of an Indian tribal government or 
        tribal organization, the Secretary shall enter into a 
        cooperative agreement with the tribal government or tribal 
        organization to address management issues affecting tribal fish 
        and wildlife resources.
    (c) Management Activities.--Tribal fish and wildlife resource 
management activities carried out under the program established in 
subsection (b) may include, but shall not be limited to--
            (1) the conduct of fish and wildlife population and life 
        history investigations, habitat investigations, habitat 
        mitigation, enhancement, rehabilitation and restoration 
        projects and programs, harvest management, and use studies;
            (2) the development and implementation of integrated 
        resource management plans for tribal lands or regional resource 
        management areas, surveys, and inventories;
            (3) fish production and hatchery management;
            (4) the development, implementation, and enforcement of 
        tribal fish and wildlife codes, ordinances, and regulations;
            (5) the development of tribal conservation programs, 
        including employment and training of tribal conservation 
        enforcement officers;
            (6) judicial services;
            (7) public use and information management and general 
        administration; and
            (8) participation in joint or cooperative management of 
        fish and wildlife resources on a regional basis with Federal, 
        State, tribal, and local or international authorities.
    (d) Survey and Report.--
            (1) Upon the request of an Indian tribal government, the 
        Secretary shall cause to be conducted a survey for the 
        reservation of that tribal government, which shall include but 
        not be limited to--
                    (A) a review of existing tribal codes, ordinances, 
                and regulations governing the management of fish and 
                wildlife resources;
                    (B) an assessment of the need to update and revise 
                tribal codes, ordinances, and regulations governing 
                tribal fish and wildlife resource protection and use;
                    (C) a determination and documentation of the needs 
                for tribal conservation officers, tribal fisheries, and 
                wildlife biologists, and other professionals to 
                administer tribal fish and wildlife resources 
                management programs;
                    (D) an assessment of the need to provide training 
                to and develop curricula for tribal fish and wildlife 
                resource personnel, including tribal conservation 
                officers, tribal fisheries, and wildlife biologists, 
                and other professionals to administer tribal fish and 
                wildlife resource management programs;
                    (E) an assessment of the need for training of 
                Federal agency staff in matters pertaining to Federal-
                tribal relations and the significance of fish and 
                wildlife to tribal communities;
                    (F) an assessment of the effects of Federal 
                resource management activities on tribal fish and 
                wildlife resources; and
                    (G) a determination and documentation of the 
                condition of tribal fish and wildlife resources.
            (2) The Secretary is authorized to enter into contracts or 
        provide grants to Indian tribal governments or tribal 
        organizations under the authority of the Indian Self-
        Determination and Educational Assistance Act for the purpose of 
        carrying out the survey.
            (3) Within one year of the date of enactment of this Act, 
        the Secretary shall submit to the Congress a report on the 
        results of the survey conducted under the authority of 
        subsection (1) of this section.
    (e) Tribal Fish and Wildlife Resource Management Plans.--
            (1) In order to fulfill the management objectives set forth 
        in subsection (a), a tribal fish and wildlife resource 
        management plan shall be developed and implemented in the 
        following manner:
                    (A) pursuant to a self-determination contract or 
                self-governance compact under the authority of the 
                Indian Self-Determination and Education Assistance Act, 
                an Indian tribal government may develop or implement a 
                tribal fish and wildlife management plan.
                    (B) Subject to the provisions of subparagraph (C), 
                the tribal government shall have broad discretion in 
                designing and carrying out the planning process.
                    (C) If a tribal government elects not to contract 
                for the development or implementation of a tribal fish 
                and wildlife management plan, the Secretary shall 
                develop and implement the plan in consultation with the 
                affected tribal government.
                    (D) Whether developed directly by the tribal 
                government 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 resources goals and objectives;
                            (iii) establish management objectives for 
                        fish and wildlife resources;
                            (iv) define critical values of the tribal 
                        government and its members and provide for 
                        comprehensive 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 
                        colleges, State or community colleges, or other 
                        tribal education or research institutions; and
                            (vii) be completed within three years of 
                        the initiation of activity to establish the 
                        plan.
            (2) Tribal fish and wildlife management plans developed and 
        approved under this section shall govern the management and 
        administration of tribal fish and wildlife resources by the 
        Bureau of Indian Affairs and the Indian tribal government.
    (f) Tribal Management in Regional Resource Management Areas.--
            (1) Review.--To achieve the objectives set forth in section 
        210(a), the Secretary and the Secretaries of Commerce and 
        Agriculture shall review existing programs involving the multi-
        jurisdictional management of fish, wildlife and gathering 
        resources in regional resource management areas, for the 
        purpose of determining the need for Indian representation, 
        program adequacy and staffing needs to appropriately represent 
        the interests of member tribes.
            (2) Contracts or grants.--The Secretary is authorized to 
        enter into contracts or provide grants to Indian tribal 
        governments or tribal organizations under the authority of the 
        Indian Self-Determination and Educational Assistance Act for 
        the purpose of completing this review.
            (3) Report.--Within one year of the date of enactment of 
        this Act, the Secretary, in consultation with the Secretaries 
        of Commerce and Agriculture, shall submit a report to the 
        Congress based upon the review conducted under subsection (1) 
        of this section assessing fish and wildlife program adequacy 
        and staff needs, and the condition of fish and wildlife 
        resources in regional resource management areas.
    (g) Assistance.--The Secretary is authorized to provide financial 
and technical assistance to enable Indian tribal governments to--
            (1) update and revise tribal codes, ordinances, and 
        regulations governing tribal fish and wildlife resource 
        protection and use;
            (2) employ tribal conservation officers, tribal fisheries 
        and wildlife biologists, and other professionals to administer 
        Indian fish and wildlife resource management programs;
            (3) providing training for tribal fish and wildlife 
        resource personnel including tribal conservation officers under 
        a curriculum that incorporates law enforcement, fish and 
        wildlife conservation, identification and resource management 
        principles and techniques; and
            (4) enable tribal governments and tribal conservation 
        agencies to enter into cooperative law enforcement agreements, 
        which may include provisions for additional training and cross-
        deputization of tribal law enforcement staff, with local, 
        State, and Federal jurisdiction for the enforcement of laws and 
        regulations pertaining to fish and wildlife resources.
    (h) Federal Activities.--
            (1) Consultation and coordination.--In conducting 
        management activities under their respective authorities, the 
        Secretary, in coordination with the Secretaries of Commerce and 
        Agriculture, shall--
                    (A) consult with and seek the participation of 
                Indian tribal governments on matters affecting tribal 
                fish and wildlife resources in a manner consistent with 
                the United States trust responsibility and the 
                government-to-government relationship between Indian 
                tribal governments and the United States;
                    (B) ensure that Federal agency staff are adequately 
                trained in issues pertaining to impacts of agency 
                actions on tribal fish and wildlife resources;
                    (C) investigate opportunities for Indian tribal 
                governments to perform land management activities on 
                Federal land which affect tribal fish and wildlife 
                resources;
                    (D) develop a formal, written assessment of how 
                Federal resource management activities are affecting 
                tribal use of and access to tribal fish and wildlife 
                resources; and
                    (E) include rights reserved by tribal governments 
                in treaties with the United States in assessments of 
                environmental baselines.
            (2) Protection of information.--Notwithstanding any other 
        provision of law, the Secretary shall not disclose, nor cause 
        the disclosure of any information conveyed to an agency under 
        the Secretary's administrative responsibilities pursuant to 
        this Act to any person, party, or entity, including other 
        Federal agencies, that is made available to the Secretary by an 
        Indian tribal government or a member of an Indian tribe and 
        which is--
                    (A) related to the administration of the United 
                States trust responsibility for Indian lands and 
                resources; and
                    (B) declared by the tribal government or individual 
                member of an Indian tribe to be culturally-sensitive, 
                proprietary, or in any manner confidential.
            (3) Fees and access.--Upon the request of an Indian tribal 
        government, the Secretary and the Secretary of Agriculture are 
        authorized to--
                    (A) provide fish and wildlife resources to an 
                Indian tribal government from Federal lands 
                administered by agencies under their respective 
                administrative responsibility without permit or charge 
                to the Indian tribe having an historical relationship 
                to such lands, so long as--
                            (i) an agreement is entered into between 
                        the Indian tribal government and the Secretary 
                        or Secretary of Agriculture which contains 
                        sufficient information and conditions regarding 
                        the location, quantity, timing, and methods 
                        associated with the provision of fish and 
                        wildlife resources to ensure compatibility with 
                        applicable agency management plans; and
                            (ii) the request does not adversely affect 
                        the ability of the agency to carry out its 
                        responsibilities under the applicable 
                        management plan;
                    (B) provide access to Federal lands under their 
                respective administrative responsibility for tribal 
                traditional cultural or customary purposes without 
                permit or fee; and
                    (C) temporarily close to general public use, one or 
                more specific portions of Federal lands under their 
                respective administrative responsibility in order to 
                protect the privacy of the activities referenced in 
                subsection (B), provided that any such closure shall be 
                limited to the smallest practicable area for the 
                minimum period necessary in a manner consistent with 
                the purpose and intent of the American Indian Religious 
                Freedom Act (42 U.S. C. 1996).
            (4) Effect on existing rights.--Nothing in this section 
        shall be construed to limit, modify, or amend existing rights 
        of any Indian tribal government under treaty, statute, or other 
        agreement to access and use fish and wildlife resources.

SEC. 202. EDUCATION IN TRIBAL FISH AND WILDLIFE RESOURCE MANAGEMENT.

    (a) Cooperative Research and Training Program.--
            (1) The Secretary, the Secretary of Agriculture, the 
        Secretary of Commerce, or other Federal agencies as 
        appropriate, are authorized to enter into cooperative 
        agreements with colleges and universities, tribal community 
        colleges, Indian tribal governments, and tribal organizations, 
        and with nonprofit organizations, for the establishment of 
        cooperative research and training units.
            (2) In order to facilitate the full development of research 
        and training units and to support the educational objectives of 
        this title, the Secretary, and the Secretaries of Agriculture 
        and Commerce, as well as other Federal agencies, shall--
                    (A) assign appropriate scientific personnel to 
                serve at the cooperative unit, through the agreement of 
                the cooperating parties;
                    (B) apply Indian preference in hiring policies;
                    (C) provide financial assistance, including 
                reasonable compensation, for the work of researchers on 
                fish and wildlife ecology and resource management 
                projects funded under this Act or other authorizing 
                legislation;
                    (D) supply equipment for the use of cooperative 
                unit operations;
                    (E) provide for the incidental expenses of Federal 
                personnel and employees of cooperating tribal 
                governments and tribal organizations associated with 
                cooperative units; and
                    (F) integrate cooperative research unit programs 
                with the training and educational opportunities and 
                programs of Indian community colleges to the greatest 
                extent possible.
    (b) Scholarship Program.--
            (1) The Secretary is authorized to provide natural resource 
        management scholarships to Indians enrolled as full-time 
        students in accredited programs for post-secondary and graduate 
        natural resource management-related fields of study.
            (2) A natural resource management scholarship recipient 
        shall be required to enter into an obligated service agreement 
        in which the recipient agrees to accept employment, following 
        the completion of the recipient's course of study, with an 
        Indian tribal government, a tribal organization, the Bureau of 
        Indian Affairs, or the U.S. Fish and Wildlife Service for one 
        year for each year the recipient receives scholarship 
        assistance.
            (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.
    (c) Fish and Wildlife Education Outreach.--The Secretary shall 
conduct, with the full and active participation of Indian tribal 
governments, a natural resource education outreach program to explain 
and stimulate interest in all aspects of tribal natural resource 
management and to generate interest in natural resource management 
careers, such as fisheries or wildlife biologists or in natural 
resource management.
    (d) Postgraduate Recruitment.--The Secretary shall establish and 
maintain a program to attract professional Indian fish and wildlife 
biologists, as well as professionals in other natural resource 
management fields, who have graduated from post-secondary institutions 
or graduate schools for employment by Indian tribal governments, tribal 
organizations, the Bureau of Indian Affairs, or the U.S. Fish and 
Wildlife Service, in exchange for the Secretary's assumption of all or 
a portion of the professional's outstanding educational loans, 
depending upon the period of employment.
    (e) Fish and Wildlife Biologist Intern Program.--
            (1) The Secretary shall, with the full and active 
        participation of Indian tribal governments, establish a Fish 
        and Wildlife Resources Intern Program for at least 20 Indian 
        fish and wildlife resources intern positions.
                    (A) Intern 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)).
                    (B) Individuals selected to participate in the 
                intern program shall be enrolled full-time in approved 
                post-secondary institutions or graduate schools in 
                curricula leading to advanced degrees in 
natural resource management-related fields.
                    (C) The Secretary shall pay all costs of tuition, 
                books, fees, and living expenses incurred by Indian 
                interns in natural resource management programs while 
                attending approved study programs.
                    (D) An Indian fish and wildlife resources intern 
                shall be required to enter into an obligated service 
                agreement to serve in a professional fish or wildlife 
                resources management-related capacity with an Indian 
                tribal government, a tribal organization, the Bureau of 
                Indian Affairs, or a U.S. Fish and Wildlife Service 
                program serving tribal fish and wildlife resources 
                management objectives, for one year for each year of 
                education for which the Secretary assumes the intern's 
                educational costs under subsection (2).
                    (E) An Indian fish and wildlife resources intern 
                shall be required to report for service to the 
                employing entity during any break in the intern's 
                course of study of more than 3 weeks duration. Time 
                spent in such service shall be counted toward 
                satisfaction of the intern's obligated service.
    (f) Cooperative Education Program.--
            (1) The Secretary shall maintain a cooperative education 
        program for the purpose of recruiting promising Indian students 
        who are enrolled in secondary schools, tribal colleges, 
        community colleges, and other post-secondary institutions or 
        graduate schools for employment as professional fisheries or 
        wildlife biologists or other resource management related 
        professional positions with an Indian tribal government, a 
        tribal organization, the Bureau of Indian Affairs, or with the 
        U.S. Fish and Wildlife Service serving or benefitting Indian 
        lands.
            (2) 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 educational institution with which the Secretary 
        has entered into a cooperative agreement, and who is interested 
        in pursuing a career with an Indian tribal government, tribal 
        organization, the Bureau of Indian Affairs, or the U.S. Fish 
        and Wildlife Service serving or benefitting Indian lands.
            (3) Financial need shall not be a requirement to receive 
        assistance under the program authorized in paragraph (1).
            (4) A recipient of assistance under the program authorized 
        in paragraph (1) shall be required to enter into an obligated 
        service agreement to serve as professional fish or wildlife 
        biologist or other resource management related professional 
        with an Indian tribal government, a tribal organization, the 
        Bureau of Indian Affairs, or the U.S. Fish and Wildlife 
        Service, for one year for each year that the Secretary assumes 
        the recipient's educational costs pursuant to paragraph (2).
    (g) Public Education Regarding Tribal Fish and Wildlife 
Resources.--
            (1) The Secretary is authorized to establish within the 
        Secretary's office the position of Tribal Education Coordinator 
        to--
                    (A) enhance communications between Indian tribal 
                governments and the United States relating to the 
                management of tribal fish and wildlife resources or the 
                role of tribal governments in the co-management of fish 
                and wildlife resources; and
                    (B) implement a program to educate the public about 
                the sovereign status of Indian tribal governments and 
                the rights reserved by tribal governments in treaties 
                with the United States, as well as the benefits of 
                constructive relations among tribal governments, State, 
                and local governments, and Federal agencies;
            (2) The responsibilities and duties of the Tribal Education 
        Coordinator shall include--
                    (A) the development of an educational program for 
                local and State governments and Federal agencies 
                regarding the United States obligations to support and 
                implement treaties, statutes, executive orders and 
                court decrees related to the management of fish and 
                wildlife resources;
                    (B) encouraging Federal agencies and State 
                governments to establish and pursue cooperative and 
                collaborative government-to-government relationships 
                with Indian tribal governments in the management of 
                natural resources; and
                    (C) providing reports to the Committee on Indian 
                Affairs of the U.S. Senate and the Committee on 
                Resources of the U.S. House of Representatives by 
                September 30th of each year on the progress of the 
                Tribal Education Coordinator in carrying out these 
                activities.
    (h) Adequacy of Programs.--The Secretary shall provide 
administrative oversight of the programs described in this section 
until a sufficient number of Indian personnel are available to 
administer tribal fish and wildlife resource management programs on 
tribal lands and resource management areas.
    (i) Obligated Service; Breach of Contract.--
            (1) 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 promulgate 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.
            (2) 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 to the 
        individual by the Secretary, 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. 203. TRIBAL FISH HATCHERY ASSISTANCE PROGRAM.

    (a) Program.--The Secretary, in consultation with the Secretary of 
Commerce, and with the full and active participation of Indian tribal 
governments, shall establish and administer a Tribal Fish Hatchery 
Assistance program for the production and distribution of fish of the 
species, strain, number, size, and quality to assist Indian tribal 
governments to develop tribal hatcheries and enhance fshery resources 
on tribal lands to meet tribal resource needs, including but not 
limited to tribal subsistence, ceremonial and commercial fishery needs.
    (b) Report.--Within one year of the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of Commerce, and with 
the full and active participation of Indian tribal governments, shall 
submit a report to the Congress which shall--
            (1) identify the facilities that comprise the Tribal Fish 
        Hatchery Program;
            (2) the maintenance, rehabilitation, and the construction 
        needs of such facilities;
            (3) identify criteria and procedures to be used in 
        evaluating and ranking fish hatchery maintenance and 
        rehabilitation project proposals submitted by Indian tribal 
        governments; and
            (4) provide a plan for the administration and cost-
        effective operation of the Tribal Fish Hatchery Assistance 
        Program.
    (c) Contracts.--The Secretary, and the Secretary of Commerce, are 
authorized to enter into a contract or annual funding agreement under 
the authority of the Indian Self-Determination and Educational 
Assistance Act with an Indian tribal government to plan, conduct, and 
administer the Tribal Fish Hatchery Program, or any portion of the 
Program.
    (d) Fish Hatchery Operating Agreements.--Upon the petition of 
an Indian tribal government or a tribal organization seeking to co-
manage a facility or complex of facilities, the Secretary, and the 
Secretary of Commerce, are authorized to enter into agreements with 
entities owning or operating hatcheries defined under section 103(5)(B) 
of this Act and an Indian tribal government or tribal organization 
which provides for the manner in which each hatchery facility is to be 
operated so as to mitigate or recover tribal fish resources subject to 
rights reserved by the tribal government in treaties with the United 
States.

          TITLE III--ALASKA NATIVE FISH AND WILDLIFE PROGRAMS

SEC. 301. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Alaska Native'' means a citizen of the 
        United States who is a person of one-fourth degree or more 
        Alaska Indian (including Tsimshian Indians not enrolled in the 
        Metlakatla Indian Community) Eskimo, or Aleut blood, or 
        combination thereof, including, in the absence of proof of a 
        minimum blood quantum, any citizen of the United States who is 
        regarded as an Alaska Native by the Native village or Native 
        group of which he claims to be a member and whose father or 
        mother is, or, if deceased, was regarded as an Alaska Native by 
        any village or group, as defined in section 1602(b) of the 
        Alaska Native Claims Settlement Act;
            (2) the term ``Native village'' means ``any tribe, band, 
        clan, group, village, community, or association in the State of 
        Alaska listed in sections 1610 and 1615 of this title, and 
        which the Secretary determines was, on the 1970 census 
        enumeration date, composed of twenty-five or more Natives'' as 
        defined in section 1602(c) of the Alaska Native Claims 
        Settlement Act;
            (3) the term ``Regional Corporation'' means an Alaska 
        Native Regional Corporation established under the laws of the 
        State of Alaska as defined in section 1602(g) of the Alaska 
        Native Claims Settlement Act;
            (4) the term ``Village Corporation'' means an Alaska Native 
        Village Corporation organized under the laws of the State of 
        Alaska as a business for profit or non-profit corporation to 
        hold, invest, manage, and/or distribute lands, property, funds, 
        and other rights and assets for and in behalf of a Native 
        Village as defined in section 1602(j) of the Alaska Native 
        Claims Settlement Act; and
            (5) the term ``Alaska Native fish and wildlife 
        organization'' means a commission, authority or other entity 
        chartered for the primary purpose of assisting in the 
        development of tribal natural resource management capacity and 
        technical capabilities.

SEC. 302. MANAGEMENT OF ALASKA NATIVE TRIBAL GOVERNMENT INDIAN FISH AND 
              WILDLIFE RESOURCE MANAGEMENT PROGRAMS IN ALASKA.

    (a) Management Objectives.--Consistent with provisions of the 
Indian Self-Determination and Educational Assistance Act (25 U.S.C. 
450b et seq.), the Secretary shall support tribal administration of 
Indian fish and wildlife resource management activities to achieve the 
following objectives:
            (1) To carry out the government-to-government relationship 
        between Indian tribal governments and the United States in the 
        management of Indian fish and wildlife resources.
            (2) To provide for the development and enhancement of the 
        capacity of Indian tribal governments to participate in 
        management of Indian fish and wildlife resources.
            (3) To protect, conserve and enhance Indian fish and 
        wildlife resources.
            (4) To promote the development and use of Indian fish and 
        wildlife resources for the maximum benefit of Alaska Native 
        people, by managing Indian fish and wildlife resources in 
        accordance with tribally-developed integrated resource 
        management plans which provide for the cooperative management 
        of all natural resources within tribal lands.
            (5) To selectively develop and increase production of 
        certain Indian fish and wildlife resources.
            (6) To support the inclusion of Alaska Native tribal co-
        management or cooperative activities in local, regional, State, 
        national, or international decision-making processes and 
        forums.
            (7) To develop and increase the production of fish, 
        wildlife and gathering resources so as to better meet Alaska 
        Native subsistence, ceremonial, recreational and commercial 
        needs.
    (b) Management Program.--
            (1) In order to achieve the objectives set forth in 
        subsection (a), the Secretary, in full consultation with Indian 
        tribal governments and Alaska Native fish and wildlife 
        organizations, shall establish the Alaska Native Fish and 
        Wildlife Resource Management Program which shall be 
        administered consistent with the provisions of the Indian Self-
        Determination and Educational Assistance Act (25 U.S.C. 450b et 
        seq.).
            (2) The Secretary shall promote meaningful Indian tribal 
        government involvement in the management of Indian fish and 
        wildlife resources, and implementation of this Act, through 
        contracts, compacts, cooperative agreements, or grants under 
        the Indian Self-Determination and Educational Assistance act 
        (25 U.S.C. 450b et seq.), or other Federal laws.
            (3) Upon the request of an Indian tribal government or 
        Alaska Native fish and wildlife organization, the Secretary 
        shall enter into a contract, compact, cooperative agreement, or 
        a grant under the Indian Self-Determination and Educational 
        Assistance Act with the Indian tribal government or Alaska 
        Native fish and wildlife organization to plan, conduct, or 
        administer any program of the Department of the Interior, or 
        portion thereof, which affects Indian fish and wildlife 
        resources, and which is currently administered by the Secretary 
        without regard to the agency or office of the Department of the 
        Interior or the organizational level within the Department.
            (4) Upon the request of an Indian tribal government or 
        Alaska Native fish and wildlife organization, the Secretary 
        shall enter into a cooperative agreement with the tribal 
        government or Alaska Native fish and wildlife organization to 
        address management issues affecting Indian fish and wildlife 
        resources.
    (c) Management Activities.--Indian fish and wildlife resource 
management activities carried out under the program established in 
subsection (b) may include, but shall not be limited to:
            (1) the conduct of fish and wildlife population and life 
        history investigations, habitat investigations, habitat 
        mitigation, enhancement, rehabilitation and restoration 
        projects and programs, harvest management, and use studies;
            (2) the development and implementation of integrated 
        resource management plans for tribal lands or traditional use 
        areas;
            (3) fish and other aquatic species production and hatchery 
        management;
            (4) the development, implementation, and enforcement of 
        Indian tribal government fish and wildlife codes, ordinances, 
        and regulations;
            (5) the development of Indian tribal government 
        conservation programs, including employment and training of 
        tribal conservation enforcement officers;
            (6) judicial services;
            (7) public use and information management and general 
        administration; and
            (8) participation in joint or cooperative management of 
        fish and wildlife resources on a regional basis with Federal, 
        State, tribal, and local or international authorities.
    (d) Survey and Report.--
            (1) Upon the request of an Indian tribal government, the 
        Secretary shall cause to be conducted a survey of the 
        traditional use area of that tribal government, which shall 
include but not be limited to:
                    (A) a review of existing Indian tribal government 
                codes, ordinances, and regulations governing their 
                members and others in relation to the management of 
                Indian fish and wildlife resources;
                    (B) an assessment of the need to update and revise 
                Indian tribal government codes, ordinances, and 
                regulations governing Indian fish and wildlife resource 
                protection and use;
                    (C) a determination and documentation of the needs 
                for tribal conservation officers, tribal fisheries and 
                wildlife biologists, tribal fisheries and wildlife 
                technicians, and other professionals to administer and 
                implement Indian fish and wildlife resources management 
                programs;
                    (D) an assessment of the need to provide training 
                to and develop curricula for tribal fish and wildlife 
                resource personnel, including tribal conservation 
                officers, tribal fisheries and wildlife biologists, 
                tribal fisheries and wildlife technicians, and other 
                professionals to administer and implement tribal fish 
                and wildlife resource management programs. Such 
                curricula shall include the incorporation of 
                traditional ecological knowledge as well as the 
                traditional;
                    (E) an assessment of the need for training of 
                Federal agency staff in matters pertaining to the 
                relations between the United States and Indian tribes 
                and the significance of Indian fish and wildlife to 
                Native villages;
                    (F) an assessment of the effects of Federal and 
                State resource management activities on Indian fish, 
                and wildlife resources; and
                    (G) a determination and documentation of the 
                condition of those Indian fish and wildlife resources.
            (2) The Secretary is authorized to enter into contracts, 
        compacts, or provide grants to Indian tribal governments or 
        Alaska Native fish and wildlife organizations under the 
        authority of the Indian Self-Determination and Educational 
        Assistance Act for the purpose of carrying out the survey.
            (3) Within one year of the date of enactment of this Act, 
        the Secretary shall submit to the Congress a report on the 
        results of the survey conducted under the authority of 
        subsection (1) of this section.
    (e) Indian Fish and Wildlife Resource Management Plans.--
            (1) In order to fulfill the management objectives set forth 
        in subsection (a), an Indian fish and wildlife resource 
        management plan shall be developed and implemented in the 
        following manner:
                    (A) Pursuant to a self-determination contract or 
                self-governance compact under the authority of the 
                Indian Self-Determination and Education Assistance Act, 
                an Indian tribal government or an Alaska Native fish 
                and wildlife organization may develop or implement an 
                Indian fish and wildlife management plan.
                    (B) Subject to the provisions of subparagraph (C), 
                the Indian tribal government shall have broad 
                discretion in designing and carrying out the planning 
                process.
                    (C) If an Indian tribal government elects not to 
                contract for the development or implementation of a 
                tribal fish and wildlife management plan, the Secretary 
                shall develop and implement the plan in consultation 
                with the affected tribal government.
                    (D) Whether developed directly by the tribal 
                government or by the Secretary, the plan shall--
                            (i) determine the condition of Indian fish 
                        and wildlife resources and habitat conditions;
                            (ii) identify specific Indian fish and 
                        wildlife resources goals and objectives;
                            (iii) establish cooperative management 
                        objectives for Indian fish and wildlife 
                        resources;
                            (iv) define critical values of the Indian 
                        tribal government and its members and provide 
                        for comprehensive management objectives;
                            (v) be developed through a public meeting 
                        process;
                            (vi) apply the public meeting records, 
                        existing survey documents, reports, and other 
                        research from Federal and State agencies, 
                        community colleges, or other education or 
                        research institutions; and
                            (vii) be completed within three years of 
                        the initiation of activity to establish the 
                        plan.
            (2) An Indian fish and wildlife management plan developed 
        and approved under this section shall govern the management and 
        administration of Indian fish and wildlife resources by the 
        Bureau of Indian Affairs and the tribal government.
    (f) Tribal Management in Traditional Use Areas.--
            (1) Review.--To achieve the objectives set forth in section 
        302(a), the Secretary and the Secretaries of Commerce and 
        Agriculture shall review existing programs involving the 
        management of Indian fish and wildlife resources in the 
        traditional use areas of Indian tribal governments, for the 
        purpose of determining the need for the meaningful involvement 
        of tribal governments, program adequacy, and staffing needs to 
        appropriately represent the interests of tribal governments.
            (2) Contracts or grants.--The Secretary is authorized to 
        enter into contracts, compacts, or provide grants to Indian 
        tribal governments or Alaska Native fish and wildlife 
        organizations under the authority of the Indian Self-
        Determination and Educational Assistance Act for the purpose of 
        completing this review.
            (3) Report.--Within one year of the date of enactment of 
        this Act, the Secretary, in consultation with the Secretaries 
        of Commerce and Agriculture, shall submit a report to the 
        Congress based upon the review conducted under subsection (1) 
        of this section assessing fish and wildlife program adequacy 
        and staff needs, and the condition of Indian fish and wildlife 
        resources in the traditional use areas of tribal governments.
    (g) Assistance.--The Secretary is authorized to provide financial 
and technical assistance to enable Indian tribal governments to--
            (1) update and revise tribal government codes, ordinances, 
        and regulations governing Indian fish and wildlife resource 
        protection and use;
            (2) employ tribal conservation officers, tribal fisheries 
        and wildlife biologists, tribal fish and wildlife technicians, 
        and other professionals to administer and implement Indian fish 
        and wildlife resource management programs;
            (3) provide training for tribal fish and wildlife resource 
        personnel including tribal conservation officers under a 
        curriculum that incorporates law enforcement, fish and wildlife 
        conservation, identification and resource management principles 
        and techniques. Such curricula shall also include the 
        incorporation of traditional ecological knowledge as well as 
        the traditional management strategies and techniques of Alaska 
        Native people; and
            (4) enable tribal governments and Alaska Native fish and 
        wildlife organizations to enter into cooperative law 
        enforcement agreements, which may include provisions for 
        additional training and cross-deputization of tribal law 
        enforcement staff, with local, State and Federal jurisdiction 
        for the enforcement of laws and regulations pertaining to 
        Indian fish and wildlife resources.
    (h) Federal Activities.--
            (1) Consultation and coordination.--In conducting 
        management activities under their respective authorities, the 
        Secretary, in coordination with the Secretaries of Commerce and 
        Agriculture, shall--
                    (A) consult with and seek the participation of 
                Indian tribal governments on all matters affecting 
                Indian fish and wildlife resources in a manner 
                consistent with the United States trust responsibility,
                    (B) ensure that Federal agency staff are adequately 
                trained in issues pertaining to impacts of agency 
                actions on Indian fish and wildlife resources;
                    (C) investigate opportunities for Indian tribal 
                governments to perform cooperative land management 
                activities on Federal and other lands that affect 
                Indian fish and wildlife resources; and
                    (D) develop a formal, written assessment of how 
                Federal resource management activities are affecting 
                tribal use of and access to Indian fish and wildlife 
                resources and the traditional use areas of Indian 
                tribal governments.
            (2) Protection of information.--Notwithstanding any other 
        provision of law, the Secretary shall not disclose, nor cause 
        the disclosure of any information conveyed to an agency under 
        the Secretary's administrative responsibilities pursuant to 
        this Act to any person, party, or entity, including other 
        Federal agencies, that is made available to the Secretary by an 
        Indian tribal government or a member of an Indian tribe and 
        which is--
                    (A) related to the administration of the United 
                States trust responsibility for Indian lands and 
                resources; and
                    (B) declared by the tribal government or individual 
                member of an Indian tribe to be culturally-sensitive, 
                proprietary, or in any manner confidential.
            (3) Fees and access.--Upon the request of an Indian tribal 
        government, the Secretary and the Secretary of Agriculture are 
        authorized to--
                    (A) provide fish and wildlife resources to an 
                Indian tribal government from Federal lands 
                administered by agencies under their respective 
                administrative responsibility without permit or charge 
                to the Indian tribe having an historical, cultural, or 
                geographical relationship to such lands, so long as--
                            (i) an agreement is entered into between 
                        the Indian tribal government and the Secretary 
                        or Secretary of Agriculture which contains 
                        sufficient information and conditions regarding 
                        the location, quantity, timing, and methods 
                        associated with the provision of Indian fish 
                        and wildlife resources to ensure compatibility 
                        with applicable agency management plans; and
                            (ii) the request does not adversely affect 
                        the ability of the agency to carry out its 
                        responsibilities under the applicable 
                        management plan;
                    (B) provide access to Federal lands under their 
                respective administrative responsibility for tribal 
                traditional cultural or customary purposes without 
                permit or fee; and
                    (C) temporarily close to general public use, one or 
                more specific portions of Federal lands under their 
                respective administrative responsibility in order to 
                protect the privacy of the activities referenced in 
                subsection (B), provided that any such closure shall be 
                limited to the smallest practicable area for the 
                minimum period necessary in a manner consistent with 
                the purpose and intent of the American Indian Religious 
                Freedom Act (42 U.S.C. 1996).
            (4) Effect on existing rights.--Nothing in this section 
        shall be construed to limit, modify, or amend existing rights 
        of any Indian tribal government under statute or other 
        agreement to access and use Indian fish and wildlife resources.

SEC. 303. ALASKA NATIVE TRIBAL GOVERNMENT SEAFOOD AND RESOURCE 
              MARKETING ASSISTANCE PROGRAM.

    (a) The Secretary of Commerce shall establish an Alaska Native 
Seafood and Resource Marketing Assistance Program to enable 
participating Indian tribal governments and Alaska Native fish and 
wildlife organizations to develop the necessary infrastructure and 
marketing systems to effectively promote their products domestically 
and internationally.
    (b) Within one year of the date of enactment of this Act, working 
with participating Indian tribal governments, the Secretary of Commerce 
shall develop and submit a report to the Committee on Indian Affairs of 
the U.S. Senate and the Committee on Resources of the U.S. House of 
Representatives, that contains recommendations for legislation to 
provide subsidies and other Federal support, permissive taxing and 
coordinated training, promotions, and Alaska Native Tribal product 
labeling as well as other initiatives, that hold the potential to 
significantly enhance the ability of tribal governments to assure that 
fair and equitable prices are associated with seafood, bison, reindeer, 
muskox, yak, and other produced and harvested natural resources related 
products.
    (c) Within one year of the date of enactment of this Act, the U.S. 
Food and Drug Administration, in consultation with Indian tribal 
governments, shall prepare a report to the Committee on Indian Affairs 
of the U.S. Senate and the Committee on Resources of the U.S. House of 
Representatives, that contains recommendations for legislation that 
would enable Indian tribal governments to be recognized as competent 
processing authorities as well as recommendations for the provision of 
technical assistance to tribal enterprises so as to ensure that 
seafood, buffalo, reindeer, muskox, yak, and other harvested natural 
resource products are safe for consumption.

   TITLE IV--TRIBAL SEAFOOD AND RESOURCE MARKETING ASSISTANCE PROGRAM

SEC. 401. ESTABLISHMENT.

    (a) The Secretary of Commerce shall establish a Tribal Seafood and 
Resource Marketing Assistance Program to enable participating Indian 
tribal governments and tribal organizations to develop the necessary 
infrastructure and marketing systems to effectively promote their 
products domestically and internationally.
    (b) Within one year of the date of enactment of this Act, working 
with participating Indian tribal governments, the Secretary of Commerce 
shall develop and submit a report to the Committee on Indian Affairs of 
the U.S. Senate and the Committee on Resources of the U.S. House of 
Representatives, that contains recommendations for legislation to 
provide subsidies and other Federal support, permissive taxing and 
coordinated training and promotions, as well as other initiatives, that 
hold the potential to significantly enhance the ability of tribal 
governments to assure that fair and equitable prices are associated 
with harvested natural resources and seafood products.
    (c) Within one year of the date of enactment of this Act, the U.S. 
Food and Drug Administration, in consultation with Indian tribal 
governments, shall prepare a report to the Committee on Indian Affairs 
of the U.S. Senate and the Committee on Resources of the U.S. House of 
Representatives, that contains recommendations for legislation that 
would enable Indian tribal governments to be recognized as competent 
processing authorities as well as recommendations for the provision of 
technical assistance to tribal enterprises so as to ensure that seafood 
and other harvested natural resource products are safe for consumption.
    (d) Health Issues. [to be developed]

SEC. 402. MARKETING DEVELOPMENT GRANTS AND LOAN PROGRAM. [TO BE 
              DEVELOPED]

    (a) Grants for Market Research and Pilot Programs.
    (b) Loans for Infrastructure Development.

  TITLE V--TRIBAL BISON CONSERVATION AND MANAGEMENT [to be developed]

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. REGULATIONS.

    Except as otherwise provided by this Act, the Secretary shall 
promulgate final regulations for the implementation of this Act within 
18 months of the date of enactment of this Act with the full and active 
participation of Indian tribal governments.

SEC. 602. SEVERABILITY.

    If any section or provision of this Act is held invalid, it is the 
intent of the Congress that the remaining sections or provisions shall 
continue in full force and effect.

SEC. 603. SAVINGS.

    (a) Nothing in this Act shall be construed to--
            (1) diminish or expand the United States trust 
        responsibility for tribal fish and wildlife resources, or any 
        legal obligation or remedy arising out of the United States 
        trust responsibility;
            (2) alter, abridge, repeal, or affect any valid, existing 
        agreement between an agency of the United States and an Indian 
        tribal government;
            (3) alter, abridge, diminish, repeal, or affect the 
        reserved rights of any Indian tribal government established by 
        treaty, executive order, or other applicable laws or court 
        decrees.

               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

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

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