[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2908. Mr. HEINRICH submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. INDIAN BUFFALO MANAGEMENT.

       (a) Findings; Purposes.--
       (1) Findings.--Congress finds that--
       (A) 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;
       (B) the historical, cultural, and spiritual connection 
     between buffalo and Indian Tribes has not diminished over 
     time;
       (C) Indian Tribes have long desired the reestablishment of 
     buffalo throughout Indian country for cultural, spiritual, 
     and subsistence purposes; and
       (D) the successful restoration of buffalo would allow an 
     Indian Tribe to benefit from--
       (i) the reintroduction of buffalo into the diets of the 
     members of the Indian Tribe;
       (ii) the rekindling of the spiritual and cultural 
     relationship between buffalo and the Indian Tribe; and
       (iii) the use of buffalo for economic development, in the 
     case of an Indian Tribe that chooses to use buffalo for 
     economic development.
       (2) Purposes.--The purposes of this section are--
       (A) to fulfill the government-to-government relationship 
     between Tribal governments and the United States in the 
     management of buffalo and buffalo habitat;
       (B) to promote and develop the capacity of Indian Tribes 
     and Tribal organizations to manage buffalo and buffalo 
     habitat;
       (C) to protect, conserve, and enhance buffalo, which are 
     important to the subsistence, culture, and economic 
     development of many Indian Tribes;
       (D) 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;
       (E) to develop buffalo herds and increase production of 
     buffalo in order to meet Tribal subsistence, health, 
     cultural, and economic development needs; and
       (F) to promote the inclusion of Indian Tribes and Tribal 
     organizations in Department of the Interior, local, regional, 
     national, or international--
       (i) decision-making processes; and
       (ii) forums.
       (b) Definitions.--In this section:
       (1) Buffalo.--The term ``buffalo'' means an animal of the 
     genus: Bison, species: bison, subspecies: bison.
       (2) Buffalo habitat.--The term ``buffalo habitat'' means 
     Indian land 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)(i) is chartered under section 17 of the Act of June 18, 
     1934, (commonly known as the ``Indian Reorganization Act''; 
     25 U.S.C. 5124) and recognized by the governing body of one 
     or more Indian Tribes; or
       (ii) is a Tribal corporation federally chartered under 
     section 3 of the Oklahoma Indian Welfare Act (25 U.S.C. 
     5203); and
       (B) has demonstrable experience in the restoration of 
     buffalo and buffalo habitat on Indian land.
       (c) Buffalo Resource Management.--
       (1) Program established.--The Secretary shall establish a 
     permanent program within the Department for the purposes of--
       (A) promoting and developing the capacity of Indian Tribes 
     and Tribal organizations to manage buffalo and buffalo 
     habitat;
       (B) 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;
       (C) promoting the development and use of buffalo and 
     buffalo habitat for the maximum practicable benefit of Indian 
     Tribes and Tribal organizations; and
       (D) 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.
       (2) Contracts and grants authorized.--
       (A) 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--
       (i) to plan, conduct, or implement a buffalo restoration or 
     management program;
       (ii) to plan and execute commercial activities related to 
     buffalo or buffalo products; or
       (iii) to carry out other activities relating to buffalo 
     restoration and management.
       (B) No diminishment of laws and regulations.--Nothing in 
     this paragraph diminishes any Federal or State law (including 
     regulations) regarding diseased buffalo or buffalo that 
     escape from Indian land.
       (3) 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 subsection to assist 
     the Indian Tribe or Tribal organization in--
       (A) carrying out the activities of a buffalo or buffalo 
     habitat restoration or management program; and
       (B) implementing the activities described in clauses (i) 
     through (iii) of paragraph (2)(A).
       (d) Consultation; Coordination.--
       (1) Consultation.--Not later than 1 year after the date of 
     enactment of this Act, and not less frequently than once 
     every year 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.
       (2) Coordination.--The Secretary shall develop a policy 
     relating to buffalo and buffalo habitat management activities 
     on Indian land, in accordance with--
       (A) the goals and objectives described in buffalo 
     management programs approved by Indian Tribes and Tribal 
     organizations; and
       (B) Tribal laws and ordinances.
       (e) 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.
       (f) Buffalo From Federal Land.--
       (1) 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.
       (2) Application.--An Indian Tribe or Tribal organization 
     may submit to the Secretary an application to receive buffalo 
     described in paragraph (1) at such time, in such manner, and 
     containing such information as the Secretary may require.
       (3) Waiver of charges.--The Secretary may waive any charges 
     for the buffalo described in paragraph (1), including any 
     deposit or payment for services as described in section 10.2 
     of title 36, Code of Federal Regulations (or any successor 
     regulation).
       (g) Treaty Rights Retained.--Nothing in this section 
     alters, modifies, diminishes, or extinguishes the treaty 
     rights of any Indian Tribe.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $14,000,000 for fiscal year 2025 and each fiscal year 
     thereafter.
                                 ______