[House Report 117-195]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-195
======================================================================
INDIAN BUFFALO MANAGEMENT ACT
_______
December 1, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2074]
The Committee on Natural Resources, to whom was referred
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, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
The amendment is as follows:
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 allows 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 Indian 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, local, regional, national, or
international--
(A) decision-making processes; or
(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 (without regard to capitalization) 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 which is
chartered under section 17 of the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (25
U.S.C. 5124), by the recognized governing body of any Indian
Tribe or Tribes, and with 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 purpose 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 respective Indian Tribe
or Tribal organization to--
(A) plan, conduct, or implement a buffalo restoration
or management program;
(B) plan and execute commercial activities related to
buffalo or buffalo products; or
(C) carry out other activities related to buffalo
restoration and management.
(2) No diminishment of laws and regulations.--Nothing in this
subsection shall be interpreted to diminish any Federal or
State law or regulation of 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 that 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 the
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 set forth 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 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
Regulation, 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 the first fiscal year beginning after the
date of the enactment of this Act and for each fiscal year thereafter.
PURPOSE OF THE BILL
The purpose of H.R. 2074 is to assist tribal governments in
the management of buffalo and buffalo habitat and the
reestablishment of buffalo on Indian land.
BACKGROUND AND NEED FOR LEGISLATION
Before European colonization, the American buffalo roamed
freely across the continent, and its population once numbered
upwards of 60 million. Historically, the herds served as
reliable sources of food, shelter, clothing, and economic
mobility for Indigenous peoples and remain to this day of great
spiritual importance to many Native communities. However, after
generations of grazing competition from introduced populations
of horses and cattle, buffalo herds began to face immense
ecological pressure by the start of the 19th century. Combined
with the U.S. Army's efforts to debilitate the Great Plains'
Native nations by exterminating their primary source of
sustenance, by 1900, only a few hundred buffalo were left in
the wild.
Over the past few decades, tribal nations have actively
worked toward rehabilitation of the American buffalo population
on their lands by participating in inter-tribal alliances such
as the Inter-Tribal Buffalo Council (ITBC). ITBC was formed in
1990 to assist tribal nations with buffalo reintroduction, and
in 1991, the Council received appropriated funding. Today, ITBC
is classified as a federally chartered Indian Organization
under Section 17 of the Indian Reorganization Act and maintains
a membership of 61 different tribal nations.
H.R. 2074 will build upon this existing initiative by
establishing a permanent program within the Department of the
Interior (DOI) to assist tribal nations in developing and
maintaining buffalo herds on their lands. Through this program,
DOI will award grants to and enter into contractual agreements
with tribal nations that plan to implement buffalo restoration
programs and other commercial activities related to buffalo
conservation. In addition, the program will enable the
transportation of surplus buffalo from federal lands to tribal
lands.
H.R. 2074 is supported by ITBC's 61 member tribes, the
National Parks Conservation Association, the National Congress
of American Indians (NCAI), the American Bison Society, the
National Bison Association, the Wildlife Conservation Society,
and the World Wildlife Fund.
COMMITTEE ACTION
H.R. 2074 was introduced on March 18, 2021, by
Representative Don Young (R-AK). The bill was referred solely
to the Committee on Natural Resources, and within the Committee
to the Subcommittee for Indigenous Peoples of the United
States. On October 13, 2021, the Natural Resources Committee
met to consider the bill. The Subcommittee was discharged by
unanimous consent. Rep. Young offered an amendment designated
Young #1. The amendment was agreed to by unanimous consent. The
bill, as amended, was adopted and ordered favorably reported to
the House of Representatives by unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
full Committee markup held on October13, 2021.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has been informed by the Director of the
Congressional Budget Office that the bill, as noticed for
consideration under suspension of the rules, will have no
effect on direct spending or revenues.\1\
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\1\CBO, Legislation Considered Under Suspension of the Rules 2
(Nov. 29, 2021), https://www.cbo.gov/system/files/2021-11/
suspensions_week_of_November_29_0.pdf.
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The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, or credit authority. The Committee adopts as its own
cost estimate the cost estimate of the Director of the
Congressional Budget Office and any updates thereto, should any
updates be made available before House passage of the bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to assist tribal governments in the
management of buffalo and buffalo habitat and the
reestablishment of buffalo on Indian land.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139 or identified in the most
recent Catalog of Federal Domestic Assistance published
pursuant to 31 U.S.C. Sec. 6104 as relating to other programs.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
[all]