S 3478
Indian Buffalo Management Act
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Bill overview
The Indian Buffalo Management Act aims to support Tribal governments in managing buffalo and their habitats, and to reestablish buffalo populations on Indian lands. It seeks to fulfill the government-to-government relationship between the U.S. and Tribes, promote Tribal capacity in buffalo management, and protect and enhance buffalo for subsistence, cultural, and economic benefits. The Act also encourages Tribal inclusion in relevant decision-making processes and provides for technical assistance and funding opportunities.
Key provisions
- Directs the Department of the Interior to work with Tribal governments on buffalo management and habitat.
- Authorizes the Secretary to enter into contracts and grants with Tribes for buffalo restoration and management programs.
- Provides technical assistance to Tribes implementing buffalo programs.
- Allows the Secretary to transfer surplus buffalo from federal land to Tribal lands.
- Requires consultation with Tribes on Department initiatives affecting buffalo.
- Establishes a policy for buffalo management that aligns with Tribal goals and laws.
- Protects culturally sensitive information provided by Tribes.
- Sets a sunset date for the Act's authority after 7 years.
Who is affected
- Indian Tribes
- Tribal Governments
- Department of the Interior
- Federal Government
- Tribal Organizations
Notable changes
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Primary sponsor
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119th CONGRESS — 1st Session
S. 3478
IN THE SENATE OF THE UNITED STATES
A BILL
To assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land.
This Act may be cited as the Indian Buffalo Management Act
.
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;
the historical, cultural, and spiritual connection between buffalo and Indian Tribes has not diminished over time;
Indian Tribes have long desired the reestablishment of buffalo throughout Indian country for cultural, spiritual, and subsistence purposes; and
the successful restoration of buffalo would allow an Indian Tribe to benefit from—
the reintroduction of buffalo into the diets of the members of the Indian Tribe;
the rekindling of the spiritual and cultural relationship between buffalo and the Indian Tribe; and
the use of buffalo for economic development, in the case of an Indian Tribe that chooses to use buffalo for economic development.
to fulfill the government-to-government relationship between Tribal governments and the United States in the management of buffalo and buffalo habitat;
to promote and develop the capacity of Indian Tribes and Tribal organizations to manage buffalo and buffalo habitat;
to protect, conserve, and enhance buffalo, which are important to the subsistence, culture, and economic development of many Indian Tribes;
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;
to develop buffalo herds and increase production of buffalo in order to meet Tribal subsistence, health, cultural, and economic development needs; and
to promote the inclusion of Indian Tribes and Tribal organizations in Department of the Interior, local, regional, national, or international—
decision-making processes; and
forums.
In this Act:
The term buffalo habitat means Indian land that is managed for buffalo.
The term Department means the Department of the Interior.
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.
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).
The term Secretary means the Secretary of the Interior.
The term Tribal organization means any 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
) (48 Stat. 988, chapter 576; 25 U.S.C. 5124), and recognized by the governing body of 1 or more Indian Tribes; or
Oklahoma Indian Welfare Act) (49 Stat. 1967, chapter 831; 25 U.S.C. 5203); and
has demonstrable experience in the restoration of buffalo and buffalo habitat on Indian land.
to promote and develop the capacity of Indian Tribes and Tribal organizations to manage buffalo and buffalo habitat;
to promote 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;
to promote the development and use of buffalo and buffalo habitat for the maximum practicable benefit of Indian Tribes and Tribal organizations; and
to promote the inclusion of Indian Tribes and Tribal organizations in Department, international, national, regional, and local decision making and forums regarding buffalo and buffalo habitat.
to plan, conduct, or implement a buffalo restoration or management program;
to plan and execute commercial activities related to buffalo or buffalo products;
to support the use and deployment of mobile Tribal or Tribal organization meat processing facilities; or
to carry out other activities relating to buffalo restoration and management.
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—
carrying out the activities of a buffalo or buffalo habitat restoration or management program; and
The Secretary shall develop a policy relating to buffalo and buffalo habitat management activities on Indian land, in accordance with—
the goals and objectives described in buffalo management programs approved by Indian Tribes; and
Tribal laws and ordinances.
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.
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.
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.
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).
Nothing in this Act alters, modifies, diminishes, or extinguishes the treaty rights of any Indian Tribe.
The authority provided by this Act ceases to be effective on the date that is 7 years after the date of enactment of this Act.