[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.
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