[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2074 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 2074


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2021

  Received; read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of 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 would allow 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 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 of the Interior, local, regional, 
        national, or international--
                    (A) decision-making processes; and
                    (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 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 that--
                    (A) is chartered under section 17 of the Act of 
                June 18, 1934, (commonly known as the ``Indian 
                Reorganization Act'') (25 U.S.C. 5124), which is 
                recognized by the governing body of any Indian Tribe or 
                Tribes; or
                    (B) is a Tribal corporation federally chartered 
                under section 3 of the Oklahoma Indian Welfare Act (25 
                U.S.C. 5203); and
                    (C) has 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 purposes 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 Indian Tribes and 
        Tribal organizations--
                    (A) to plan, conduct, or implement a buffalo 
                restoration or management program;
                    (B) to plan and execute commercial activities 
                related to buffalo or buffalo products; or
                    (C) to carry out other activities relating to 
                buffalo restoration and management.
            (2) No diminishment of laws and regulations.--Nothing in 
        this subsection diminishes any Federal or State law (including 
        regulations) regarding 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 an 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 
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 described 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, as 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 
Regulations (or any successor regulation).

SEC. 8. TREATY RIGHTS RETAINED.

    Nothing in this Act alters, modifies, diminishes, or extinguishes 
the treaty rights of any Indian Tribe.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this Act $14,000,000 for fiscal year 2022 and each fiscal year 
thereafter.

            Passed the House of Representatives December 8, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.