[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5153 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 554
116th CONGRESS
  2d Session
                                H. R. 5153

                          [Report No. 116-670]

 To assist Tribal governments in the management of buffalo and buffalo 
    habitat and for the reestablishment of buffalo on Indian lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2019

   Mr. Young (for himself, Ms. Haaland, and Mr. Cole) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

                           December 18, 2020

Additional sponsors: Mrs. Torres of California, Mr. Cook, Mr. LaMalfa, 
                          and Mr. Fortenberry

                           December 18, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 18, 2019]


_______________________________________________________________________

                                 A BILL


 
 To assist Tribal governments in the management of buffalo and buffalo 
    habitat and for the reestablishment of buffalo on Indian lands.


 


    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 Buffalo Management Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) buffalo sustained a majority of Indian Tribes in North 
        America for many centuries, before buffalo were nearly 
        exterminated by non-Indian hunters in the mid-1800s;
            (2) the historical, cultural, and spiritual connection 
        between buffalo and Indian Tribes has not diminished over time;
            (3) Indian Tribes have long desired the reestablishment of 
        buffalo throughout Indian country for cultural, spiritual, and 
        subsistence purposes; and
            (4) the successful restoration of buffalo allows an Indian 
        Tribe to benefit from--
                    (A) the reintroduction of buffalo into the diets of 
                the members of the Indian Tribe;
                    (B) the rekindling of the spiritual and cultural 
                relationship between buffalo and the Indian Tribe; and
                    (C) the use of buffalo for economic development, in 
                the case of an Indian Tribe that chooses to use buffalo 
                for economic development.
    (b) Purposes.--The purposes of this Act are--
            (1) to fulfill the government-to-government relationship 
        between Tribal governments and the United States in the 
        management of buffalo and buffalo habitat;
            (2) to promote and develop the capacity of Indian Tribes 
        and Tribal organizations to manage buffalo and buffalo habitat;
            (3) to protect, conserve, and enhance Indian buffalo, which 
        are important to the subsistence, culture, and economic 
        development of many Indian Tribes;
            (4) to promote the development and use of buffalo and 
        buffalo habitat for the maximum practicable benefit of Indian 
        Tribes and Tribal organizations, through management of buffalo 
        and buffalo habitats in accordance with integrated resource 
        management plans developed by Indian Tribes and Tribal 
        organizations;
            (5) to develop buffalo herds and increase production of 
        buffalo in order to meet Tribal subsistence, health, cultural, 
        and economic development needs; and
            (6) to promote the inclusion of Indian Tribes and Tribal 
        organizations in Department, local, regional, national, or 
        international--
                    (A) decision-making processes; or
                    (B) forums.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Buffalo.--The term ``buffalo'' means an animal of the 
        subspecies Bison bison bison.
            (2) Buffalo habitat.--The term ``buffalo habitat'' means 
        Indian land, as defined in paragraph (4) of this section, that 
        is managed for buffalo.
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
            (4) Indian land.--The term ``Indian land'' has the meaning 
        given the term in paragraph (2) of section 2601 of the Energy 
        Policy Act of 1992 (25 U.S.C. 3501), except that, in that 
        paragraph, the term ``Indian reservation'' shall be considered 
        to have the meaning given the term ``Indian reservation'' in 
        paragraph (3) of that section, without regard to the date 
        specified in paragraph (3) of that section.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term (without regard to capitalization) in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribal organization.--The term ``Tribal organization'' 
        means any legally established organization of Indians which is 
        chartered under section 17 of the Act of June 18, 1934 
        (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 5124), by the recognized governing body of any Indian 
        Tribe or Tribes, and with demonstrable experience in the 
        restoration of buffalo and buffalo habitat on Indian land.

SEC. 4. BUFFALO RESOURCE MANAGEMENT.

    (a) Program Established.--The Secretary shall establish a permanent 
program within the Department of the Interior for the purpose of--
            (1) promoting and developing the capacity of Indian Tribes 
        and Tribal organizations to manage buffalo and buffalo habitat;
            (2) promoting the ability of Indian Tribes and Tribal 
        organizations to protect, conserve, and enhance populations of 
        buffalo that are owned by Indian Tribes or Tribal 
        organizations;
            (3) promoting the development and use of buffalo and 
        buffalo habitat for the maximum practicable benefit of Indian 
        Tribes and Tribal organizations; and
            (4) promoting the inclusion of Indian Tribes and Tribal 
        organizations in Department, international, national, regional, 
        and local decision making and forums regarding buffalo and 
        buffalo habitat.
    (b) Contracts and Grants Authorized.--
            (1) In general.--The Secretary shall enter into contracts 
        and cooperative agreements with, and award grants to, Indian 
        Tribes and Tribal organizations to enable the respective Indian 
        Tribe or Tribal organization to--
                    (A) plan, conduct, or implement a buffalo 
                restoration or management program;
                    (B) plan and execute commercial activities related 
                to buffalo or buffalo products; or
                    (C) carry out other activities related to buffalo 
                restoration and management.
            (2) No diminishment of laws and regulations.--Nothing in 
        this subsection shall be interpreted to diminish any Federal or 
        State law or regulation of diseased buffalo or buffalo that 
        escape from Indian land.
    (c) Technical Assistance.--The Secretary shall provide technical 
assistance to an Indian Tribe or Tribal organization that enters into a 
contract or cooperative agreement or receives a grant under this 
section to assist that Indian Tribe or Tribal organization in--
            (1) carrying out the activities of a buffalo or buffalo 
        habitat restoration or management program; and
            (2) implementing the activities described in subparagraphs 
        (A) through (C) of subsection (b)(1).

SEC. 5. CONSULTATION; COORDINATION.

    (a) Consultation.--Not later than 1 year after the date of the 
enactment of this Act, and on an ongoing basis thereafter, the 
Secretary shall consult with Indian Tribes and Tribal organizations on 
initiatives of the Department that affect buffalo or buffalo habitat, 
including efforts of the Department to contain or eradicate diseased 
buffalo.
    (b) Coordination.--The Secretary shall develop a policy relating to 
buffalo and buffalo habitat management activities on Indian land, in 
accordance with--
            (1) the goals and objectives set forth in buffalo 
        management programs approved by Indian Tribes; and
            (2) Tribal laws and ordinances.

SEC. 6. PROTECTION OF INFORMATION.

    Notwithstanding any other provision of law, the Secretary shall not 
disclose or cause to be disclosed any information provided to the 
Secretary by an Indian Tribe or Tribal organization that is identified 
by the Indian Tribe or Tribal organization as culturally sensitive, 
proprietary, or otherwise confidential.

SEC. 7. BUFFALO FROM FEDERAL LAND.

    (a) In General.--The Secretary may enter into an agreement with an 
Indian Tribe or Tribal organization to dispose of surplus buffalo on 
Federal land administered by the Department applicable, by transporting 
such buffalo onto Indian land.
    (b) Application.--An Indian Tribe or Tribal organization may submit 
to the Secretary an application to receive buffalo described in 
subsection (a) at such time, in such manner, and containing such 
information as the Secretary may require.
    (c) Waiver of Charges.--The Secretary may waive any charges for the 
buffalo described in subsection (a), including any deposit or payment 
for services as described in section 10.2 of title 36, Code of Federal 
Regulation, or any successor regulation.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary for grants 
to implement this Act, $14,000,000 for the first fiscal year beginning 
after the date of the enactment of this Act and for each fiscal year 
thereafter.
                                                 Union Calendar No. 554

116th CONGRESS

  2d Session

                               H. R. 5153

                          [Report No. 116-670]

_______________________________________________________________________

                                 A BILL

 To assist Tribal governments in the management of buffalo and buffalo 
    habitat and for the reestablishment of buffalo on Indian lands.

_______________________________________________________________________

                           December 18, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed