[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.