[Congressional Record Volume 170, Number 185 (Thursday, December 12, 2024)]
[Senate]
[Pages S6992-S6994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIAN BUFFALO MANAGEMENT ACT
Mr. SCHATZ. Mr. President, as if in legislative session, I ask
unanimous consent that the Senate proceed to the immediate
consideration of Calendar No. 561, S. 2908.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2908) to assist Tribal governments in the
management of buffalo and buffalo habitat and the
reestablishment of buffalo on Indian land.
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on Indian Affairs with
amendments as follows:
(The parts of the bill intended to be stricken are in boldface
brackets, and the parts of the bill intended to be inserted are in
italics.)
S. 2908
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 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 a legally established organization of Indians that is
chartered under section 17 of the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (25
U.S.C. 5124) with demonstrable experience in the restoration
of buffalo and buffalo habitat on Indian land.]
(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.
SEC. 4. BUFFALO RESOURCE MANAGEMENT.
(a) Program Established.--The Secretary shall establish a
permanent program within the Department 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--
[[Page S6993]]
(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 support the use and deployment of mobile Tribal or
Tribal organization meat processing facilities; or
[(C)](D) 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
the 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)] (D) 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 2024 and each
fiscal year thereafter.
Mr. SCHATZ. Mr. President, I ask unanimous consent that the
committee-reported amendments be withdrawn; that the Heinrich
substitute amendment at the desk be considered and agreed to; and that
the bill, as amended, be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendments were withdrawn.
The amendment (No. 3324), in the nature of a substitute, was agreed
to as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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 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.
SEC. 4. BUFFALO RESOURCE MANAGEMENT.
(a) Program Established.--The Secretary shall establish a
permanent program within the Department 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;
(C) to support the use and deployment of mobile Tribal or
Tribal organization meat processing facilities; or
(D) 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
the 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 (D) 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,
[[Page S6994]]
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 2024 and each
fiscal year thereafter.
SEC. 10. SUNSET.
The authority provided by this Act ceases to be effective
on December 31, 2031.
The bill, as amended, was ordered to be engrossed for a third reading
and was read the third time.
Mr. SCHATZ. I know of no further debate on the bill, as amended.
The PRESIDING OFFICER. Is there further debate on the bill?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 2908), as amended, was passed.
Mr. SCHATZ. Mr. President, I ask that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
____________________