[Congressional Record Volume 167, Number 207 (Wednesday, December 1, 2021)]
[House]
[Pages H6736-H6738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                              {time}  1315
                     INDIAN BUFFALO MANAGEMENT ACT

  Ms. LEGER FERNANDEZ. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 2074) to assist Tribal governments in the 
management of buffalo and buffalo habitat and for the reestablishment 
of buffalo on Indian lands, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2074

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Leger Fernandez) and the gentleman from Arkansas (Mr. 
Westerman) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. LEGER FERNANDEZ. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the measure under 
consideration
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 2074, the Indian Buffalo Management Act is 
sponsored by the dean of the House, Representative   Don Young from 
Alaska, and I am proud to be a cosponsor of this bill.
  This bill will establish a permanent program within the Department of 
the Interior to develop and promote Tribal ownership and management of 
buffalo and buffalo habitat on Indian lands.

[[Page H6737]]

  In the 1840s, the buffalo population in North America was estimated 
at 30 million, with approximately 60 million at its peak. Before 
colonization, about 7 million indigenous peoples populated the North 
American continent. Throughout this time, many indigenous peoples 
coexisted with buffalo, often through a sacred, spiritual relationship. 
The buffalo provided food, shelter, tools, clothing, and became an 
essential component of traditional beliefs and religion.
  But in the 19th century, in an attempt to displace or eradicate 
indigenous peoples, the United States military slaughtered tens of 
millions of buffalo. At the turn of the century, fewer than 500 buffalo 
remained in this country. Similarly, the American Indian population was 
reduced to merely 250,000 in the early 1900s. What a loss. By the 20th 
century many buffalo conservation efforts were headed by President 
Teddy Roosevelt and frequently led to private ownership of buffalo 
herds.
  In 1991, 10 Tribes committed to buffalo restoration efforts with 
1,500 buffalo and organized the InterTribal Buffalo Council, or ITBC. 
The ITBC collaborates with several Federal agencies for buffalo 
management, and now includes 69 federally recognized Tribes in 19 
States with 55 buffalo herds. I am here to report that many of the 
Tribes and pueblos within my district have thriving herds of their own.
  The Indian Buffalo Management Act will allow Tribal nations to 
develop and maintain buffalo herds on Tribal lands to restore treaty 
obligations and the buffalo population itself. Additionally, this bill 
will enable the transportation of surplus buffalo from Federal lands 
into Tribal lands. The great Sioux Chief, Sitting Bull, summed up the 
atrocities surrounding the buffalo when he said, ``a cold wind blew on 
the prairie on the day the last buffalo fell. A death wind for my 
people.''
  Passage of the Indian Buffalo Management Act will begin the 
remediation of buffalo for indigenous peoples and restore religious and 
spiritual practices that were stripped after the founding of this 
country.
  Madam Speaker, I urge the swift adoption of this bipartisan bill, and 
I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 2074, as amended, the Indian 
Buffalo Management Act, and I also thank my good friend and the sponsor 
of the legislation, the dean of the House, Congressman   Don Young, for 
his tireless advocacy on behalf of Indian Country.
  Madam Speaker, it may come to a lot of people's surprise but in my 
home State of Arkansas, in my district, we actually had buffalo herds 
there at one time. And it lingers in many names around the State: The 
Buffalo National River, the Buffalo Gap. There is actually a history of 
buffalo in Arkansas and many other States that no longer have herds.
  H.R. 2074 would authorize the Department of the Interior to establish 
a permanent program to develop and promote the capacity of Indian 
Tribes and Tribal organizations to manage buffalo and buffalo habitat.
  The American buffalo, or bison, has long held importance to the 
United States and was officially named the national mammal in 2016. 
Many American Indian and Alaska Natives have also had a longstanding 
cultural and spiritual relationship with buffalo, which continues to 
this day.
  By the end of the 19th century, however, buffalo were near 
extinction. But as a result of conservation efforts, buffalo have 
slowly returned, and the U.S. Department of Agriculture has estimated 
that there are now 200,000 buffalo in the United States.
  In 1991, several Tribes with buffalo herds joined together forming 
the InterTribal Buffalo Council. The council received a Federal charter 
to aid Tribes in the restoration of buffalo on Tribal lands in 2009.
  Today, the InterTribal Buffalo Council is comprised of 68 member 
Indian Tribes and Alaska Natives with 55 buffalo herds in 19 States 
with the mission of restoring buffalo to Indian Country.
  In 2019, the council received approximately $1.4 million from the 
Bureau of Indian Affairs. Unfortunately, this available funding is 
subject to the fluctuating appropriations and it is not dedicated to 
buffalo management on Tribal lands. The council estimates that unmet 
needs are in excess of $12 million per year.
  H.R. 2074 would dedicate $14 million annually for the Department of 
the Interior to directly support the ability of Indian Tribes to 
protect, conserve, and enhance buffalo populations on their lands. The 
bill would authorize the Secretary of the Interior to enter into 
agreements with Indian Tribes or Tribal organizations to dispose of 
surplus buffalo on Federal land and transfer those buffalo to Indian 
lands.
  The program is intended to help Tribes and Tribal organizations plan, 
conduct, or implement buffalo restoration programs, plan and execute 
commercial activities related to buffalo products, and carry out other 
activities related to buffalo restoration and management.

  I again thank Congressman Young for his leadership on American Indian 
and Alaska Native issues, and I urge support for this measure.
  Madam Speaker, I reserve the balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, I yield such time as he may consume to 
the gentleman from Alaska (Mr. Young), the dean of the House.
  Mr. YOUNG. Madam Speaker, this is sort of a sweetheart time. I have 
the ranking member and I have the chairman, Chairman Grijalva, and of 
course, my chairman--thank you--supporting a bill, I think, that is 
long overdue.
  I think some mentioned the fact that the demise of the buffalo was 
the demise of the American Indian, done deliberately. And now we are 
trying to restore it on Indian land. This is a bill that gives an 
opportunity for consumption of food that is good for the Tribe, but 
also economically.
  The buffalo is a magnificent animal. We recognized it as a mission 
when we had the Buffalo nickel, and it is recognized in your State and 
my State. It is amazing that at one time--you may not realize it--we 
had tremendous herds of buffalo up there, but it wasn't man that 
diminished them, it was climate change that actually froze them out.
  This is a bill that will give the opportunity to Tribes to 
reestablish the buffalo on Native lands, that history won't repeat 
itself, that no one will kill them like they did before, and will have 
a sustainable yield of a magnificent animal.
  Madam Speaker, for those in this audience and this great Chamber who 
haven't eaten buffalo burgers, you better try it. It is one of the 
better meats. I am promoting this right now. I don't have a buffalo, 
but it is one of the better meats. It is good for the Nation. It is 
good for the Tribes. It is good for the buffalo. This bill is a good 
bill. It is a bill that should have been, frankly, passed a long time 
ago.
  Madam Speaker, I believe what we are doing today is the right thing. 
I want us to recognize this act as an act that promoted my American 
Indian, Alaska Natives. We have three Tribes in Alaska that have 
buffalo already, and they are anxious for this bill to go forward.
  If you haven't eaten buffalo jerky, try it. It is good, too.
  Madam Speaker, I am suggesting respectfully that this is a good piece 
of legislation, bipartisan, working together for the first Americans, 
and I am proud to be the sponsor of it.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may 
consume.
  I am so very lucky to have on the Subcommittee for indigenous 
peoples, the dean of the House, Representative   Don Young, as the 
ranking member. The amount of work that we do in that committee, that 
is bipartisan, that always looks at what is the issue that must be 
solved and works together to solve that issue, is exactly sort of 
epitomized by this bill.
  We are recognizing that there was a tragedy in our history where we 
actually tried to eliminate the food source for the indigenous peoples 
of the Americas. And we did. We caused hunger. We caused the 
deprivation, but we are recognizing that today and we are going to be 
giving the assistance to all Tribes to be able to manage buffalo herds.
  I have been very fortunate to eat bison. We love bison burgers at my

[[Page H6738]]

home; and I have been at Taos Pueblo when they have offered in their 
ceremonial way the buffalo meat and the cooking around the fire. It is 
indeed delicious. I completely agree with the dean of the House. But we 
also need to recognize that managing a buffalo herd is not simple. We 
need to make sure that there are no diseases that are passed between 
cattle or elk and buffalo. They need to make sure that there is the 
right genetics so that we don't interbreed so much.
  So it does require a lot of work, and this bill provides the Tribes 
with the assistance so that they can both protect and manage these 
herds of these magnificent animals.
  Madam Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, in closing, I encourage passage of this 
bill, and I yield back the balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, for all of the reasons that has 
been stated on the floor of this glorious House today, I urge my 
colleagues to support the legislation, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Leger Fernandez) that the House 
suspend the rules and pass the bill, H.R. 2074, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PERRY. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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