[House Report 118-563]
[From the U.S. Government Publishing Office]


118th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       118-563

======================================================================



 
                     INDIAN BUFFALO MANAGEMENT ACT

                                _______
                                

 June 27, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6368]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6368) to assist Tribal governments in the 
management of buffalo and buffalo habitat and the 
reestablishment of buffalo on Indian land, 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. DEFINITIONS.

  In this Act:
          (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.

SEC. 3. BUFFALO RESOURCE MANAGEMENT.

  (a) Program Established.--The Secretary shall establish a 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 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 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) of subsection (b)(1).
  (d) Sunset.--The program established under this section shall 
terminate on September 30, 2030.

SEC. 4. 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. 5. 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. 6. 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. 7. TREATY RIGHTS RETAINED.

  Nothing in this Act alters, modifies, diminishes, or extinguishes the 
treaty rights of any Indian Tribe.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 6368 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

    The American buffalo (or bison) has long held importance to 
the United States and was officially named the national mammal 
in 2016.\1\ American Indian and Alaska Natives have also had a 
long standing cultural and spiritual relationship with buffalo 
which continues to this day.\2\ Indian tribes have used the 
buffalo for subsistence purposes for thousands of years, 
incorporating it into everyday diets and livelihoods. By the 
end of the 19th century, however, buffalo were near 
extinction.\3\ As a result, conservation efforts were enacted 
to restore buffalo numbers. Over the last 100 years buffalo 
have slowly returned and in 2017, the U.S. Department of 
Agriculture estimated that there were approximately 200,000 
buffalo in the United States.\4\
---------------------------------------------------------------------------
    \1\Pub. L. No. 114-152.
    \2\Intertribal Buffalo Council testimony before H. Interior 
Appropriations Subcommittee. March 2019.
    \3\Shepard Krech ``Buffalo Tales: The Near-Extermination of the 
American Bison'' National Humanities Center, https://
nationalhumanitiescenter.org/tserve/nattrans/ntecoindian/essays/
buffaloc.htm.
    \4\Miscellaneous Livestock and Animal Specialties--Inventory and 
Sales: 2022 and 2017, USDA,https://www.nass.usda.gov/Publications/
AgCensus/2022/Full_Report/Volume_1,_Chapter_
1_US/usv1.pdf.
---------------------------------------------------------------------------
    Indian tribes have seen their buffalo herds grow with 
success for many years. In 1991, several tribes with buffalo 
herds joined together forming the Intertribal Buffalo Council 
(ITBC).\5\ In 2009, the ITBC received a federal charter 
pursuant to Section 17 of the Indian Reorganization Act to aid 
tribes in the restoration of buffalo on tribal lands.\6\ Today, 
the ITBC is comprised of 83 member tribes with 20,000 buffalo 
in 21 states with the mission of restoring buffalo to Indian 
Country.\7\
---------------------------------------------------------------------------
    \5\History and Mission, Intertribal Buffalo Council, https://
itbcbuffalonation.org/history-and-mission/.
    \6\25 U.S.C. 477.
    \7\HNR Staff briefing with the Intertribal Buffalo Council. 
11.22.2023.
---------------------------------------------------------------------------
    In Fiscal Year (FY) 2023, ITBC received approximately $1.5 
million through the Bureau of Indian Affairs (BIA) for its 
members' buffalo programs, but this funding has fluctuated over 
the fiscal years.\8\ ITBC reports that, on average, an ITBC 
member tribe is underfunded by approximately $150,000 to 
operate their buffalo program and this equates to an estimated 
need of $11 million for the herd development grant program. The 
ITBC has estimated its approximate need to be more than $17 
million per year.\9\ Advocates for a formal program state that 
a formal program will help with stabilizing funding.
---------------------------------------------------------------------------
    \8\Budget Justifications and Performance Information FY 2024, 
Bureau of Indian Affairs, https://www.bia.gov/sites/default/files/dup/
inline-files/bia_2024_greenbook.pdf.
    \9\HNR Staff briefing with the Intertribal Buffalo Council. 
11.22.2023.
---------------------------------------------------------------------------
    H.R. 6368 would promote tribal management of buffalo 
through contracts, cooperative agreements, and grants. This 
would be accomplished through buffalo restoration programs, the 
planning and executing of commercial activities related to 
buffalo products, and other activities related to buffalo 
restoration and management. Last, the bill authorizes the 
Secretary of the Interior (Secretary) to enter into agreements 
with Indian tribes or tribal organizations to dispose of 
surplus buffalo on federal land and transfer those buffalo to 
Indian land.
    H.R. 6368 would authorize DOI to establish a program to 
develop and promote the capacity of Indian tribes and tribal 
organizations to manage buffalo and buffalo habitat. The DOI 
would do this through contracts, cooperative agreements and 
grants to Indian tribes and tribal organizations.

                            COMMITTEE ACTION

    H.R. 6368 was introduced on November 13, 2023, by 
Representative Doug LaMalfa (R-CA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Indian and Insular Affairs. On December 5, 
2023, the Subcommittee on Indian and Insular Affairs held a 
hearing on the bill. On March 12, 2024, the Committee on 
Natural Resources met to consider the bill. The Subcommittee on 
Indian and Insular Affairs was discharged from further 
consideration of H.R. 6368 by unanimous consent. Representative 
Doug LaMalfa (R-CA) offered an Amendment designated 
LaMalfa_067. The amendment was agreed to by unanimous consent. 
The bill, as amended, was 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: 
hearing by the Subcommittee on Indian and Insular Affairs held 
on December 5, 2023.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Establishes the short title of the bill as the ``Indian 
Buffalo Management Act''.

Section 2. Definitions

    Provides definitions for the terms ``buffalo'', ``buffalo 
habitat'', ``Department'', ``Indian land'', ``Indian Tribe'', 
``Secretary'', and ``Tribal organization''.

Section 3. Buffalo Resource Management

    Establishes a program within the Department of the Interior 
(DOI) to promote and develop tribal management of buffalo; 
Allows the Secretary to enter into contracts and cooperative 
agreements with tribes and tribal organizations to create or 
maintain buffalo restoration or management programs and 
requires the Secretary to provide technical assistance to 
tribes or tribal organizations that enter into the 
aforementioned agreements. Nothing will diminish any state or 
federal regulations regarding diseased buffalo or buffalo that 
escape from Indian lands. Includes program sunset of Sept. 30, 
2030.

Section 4. Consultation; coordination

    Requires the Secretary to consult with tribes and tribal 
organizations regarding buffalo and buffalo habitat 
initiatives; Requires the Secretary to develop a policy related 
to buffalo and buffalo habitat management.

Section 5. Protection of information

    Requires the Secretary to protect any information provided 
by a tribe or tribal organization that is deemed culturally 
sensitive, proprietary, or confidential.

Section 6. Buffalo from federal land

    Allows the Secretary to dispose of surplus buffalo from 
federal lands to tribes or tribal organizations and allows the 
Secretary to waive charges if they choose.

Section 7. Treaty rights retained

    States that nothing in this Act alters, modifies, 
diminishes, or extinguishes tribal treaty rights.

            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 received the following estimate for the 
bill from the Director of the Congressional Budget Office:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    H.R. 6368 would create a new program through 2030 at the 
Department of the Interior to assist tribal governments in 
restoring and managing buffalo herds on their land. Under the 
bill, the Bureau of Indian Affairs (BIA) could award grants to 
tribes to implement buffalo restoration programs, protect 
habitat, and conduct activities to enhance the commercial and 
practical value of buffalo. In addition, the bill would require 
the department to consult annually with tribal nations on 
federal initiatives that affect buffalo or buffalo habitats.
    For this estimate, CBO assumes that H.R. 6368 will be 
enacted late in fiscal year 2024. Using information from BIA 
and based on historical spending patterns for similar 
activities, CBO estimates that operating the new program would 
cost $64 million over the 2024-2029 period, assuming 
appropriation of the estimated amounts each year.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 450 (community and regional 
development).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 6368
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2024     2025     2026     2027     2028     2029   2024-2029
----------------------------------------------------------------------------------------------------------------
Estimated Authorization........................        *       14       15       15       15       15        74
Estimated Outlays..............................        *        8       12       14       15       15        64
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.

    The CBO staff contact for this estimate is Julia Aman. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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

    According to the Congressional Budget Office, H.R. 6368 
contains no unfunded mandates as defined by the Unfunded 
Mandates Reform Act.

                           EXISTING PROGRAMS

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of 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 the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) 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

    As ordered reported by the Committee on Natural Resources, 
H.R. 6368 would make no changes in existing law.

                                  [all]