[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.
____________________