[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2705 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2705

 To require the Secretary of the Interior to establish Tribal Wildlife 
                   Corridors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 10, 2021

 Mr. Lujan (for himself and Mr. Booker) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior to establish Tribal Wildlife 
                   Corridors, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Wildlife Corridors Act of 
2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 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).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service, in consultation with the 
        Director of the Bureau of Indian Affairs.

SEC. 3. TRIBAL WILDLIFE CORRIDORS.

    (a) Establishment.--
            (1) In general.--
                    (A) Nominations.--An Indian Tribe may nominate a 
                corridor within the boundaries of the land of the 
                Indian Tribe as a Tribal Wildlife Corridor by 
                submitting to the Secretary an application at such 
                time, in such manner, and containing such information 
                as the Secretary may require.
                    (B) Determination.--Not later than 90 days after 
                the date on which the Secretary receives an application 
                under subparagraph (A), the Secretary shall determine 
                whether the nominated Tribal Wildlife Corridor 
                described in the application meets the criteria 
                established under paragraph (2).
                    (C) Publication.--On approval of an application 
                under subparagraph (B), the Secretary shall publish in 
                the Federal Register a notice of the establishment of 
                the Tribal Wildlife Corridor, which shall include a map 
                and legal description of the land designated as a 
                Tribal Wildlife Corridor.
            (2) Criteria.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                establish criteria for determining whether a corridor 
                nominated by an Indian Tribe under paragraph (1)(A) 
                qualifies as a Tribal Wildlife Corridor.
                    (B) Inclusions.--The criteria established under 
                subparagraph (A) shall include, at a minimum, the 
                following:
                            (i) The restoration of historical habitat 
                        for the purposes of facilitating connectivity.
                            (ii) The management of land for the 
                        purposes of facilitating connectivity.
                            (iii) The management of land to prevent the 
                        imposition of barriers that may hinder current 
                        or future connectivity.
            (3) Removal.--
                    (A) In general.--An Indian Tribe may elect to 
                remove the designation of a Tribal Wildlife Corridor on 
                the land of the Indian Tribe by notifying the 
                Secretary.
                    (B) Effect of removal.--An Indian Tribe that elects 
                to remove a designation under subparagraph (A) may not 
                receive assistance under subsection (c) or (d).
    (b) Coordination of Land Use Plans.--Section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended--
            (1) in subsection (b)--
                    (A) by striking ``Indian tribes by'' and inserting 
                the following: ``Indian Tribes--
            ``(1) by'';
                    (B) in paragraph (1) (as so designated), by 
                striking the period at the end and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
            ``(2) for the purposes of determining whether the land use 
        plans for land in the National Forest System would provide 
        additional connectivity to benefit the purposes of a Tribal 
        Wildlife Corridor established under section 3(a)(1) of the 
        Tribal Wildlife Corridors Act of 2021.''; and
            (2) by adding at the end the following:
    ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal 
Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife 
Corridors Act of 2021, the Secretary shall conduct a meaningful 
consultation with the Indian Tribe that administers the Tribal Wildlife 
Corridor to determine whether, through the revision of 1 or more 
existing land use plans, the Tribal Wildlife Corridor can--
            ``(1) be expanded into public lands; or
            ``(2) otherwise benefit connectivity between public lands 
        and the Tribal Wildlife Corridor.''.
    (c) Technical Assistance.--The Secretary shall provide to Indian 
Tribes technical assistance relating to the establishment, management, 
and expansion of a Tribal Wildlife Corridor, including assistance with 
accessing wildlife data and working with voluntary private landowners 
to access Federal and State programs to improve wildlife habitat and 
connectivity on non-Federal land.
    (d) Availability of Assistance.--
            (1) Tribal wildlife corridors grant program.--
                    (A) Establishment.--The Secretary shall establish a 
                Tribal Wildlife Corridors grant program (referred to in 
                this subsection as the ``program'') to encourage 
                wildlife movement in accordance with this section.
                    (B) Grants.--Beginning not later than 3 years after 
                the date of enactment of this Act, the Secretary shall 
                make grants under the program to 1 or more Indian 
                Tribes to increase connectivity through Tribal Wildlife 
                Corridors.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        $50,000,000 for fiscal year 2022 and each fiscal year 
        thereafter.
    (e) Savings Clause.--Nothing in this section authorizes or affects 
the use of private property or Indian land.

SEC. 4. PROTECTION OF INDIAN TRIBES.

    (a) Federal Trust Responsibility.--Nothing in this Act or an 
amendment made by this Act amends, alters, or waives the Federal trust 
responsibility to Indian Tribes.
    (b) Freedom of Information Act.--
            (1) Exemption.--Information described in paragraph (2) 
        shall not be subject to disclosure under section 552 of title 
        5, United States Code (commonly known as the ``Freedom of 
        Information Act''), if the head of the agency that receives the 
        information, in consultation with the Secretary and the 
        affected Indian Tribe, determines that disclosure may--
                    (A) cause a significant invasion of privacy;
                    (B) risk harm to human remains or resources, 
                cultural items, uses, or activities; or
                    (C) impede the use of a traditional religious site 
                by practitioners.
            (2) Information described.--Information referred to in 
        paragraph (1) is information received by a Federal agency--
                    (A) pursuant to this Act or an amendment made by 
                this Act relating to--
                            (i) the location, character, or ownership 
                        of human remains of a person of Indian 
                        ancestry; or
                            (ii) resources, cultural items, uses, or 
                        activities identified by an Indian Tribe as 
                        traditional or cultural because of the long-
                        established significance or ceremonial nature 
                        to the Indian Tribe; or
                    (B) pursuant to the Native American Graves 
                Protection and Repatriation Act (25 U.S.C. 3001 et 
                seq.).
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