HR6368-118

1. Short title This Act may be cited as the Indian Buffalo Management Act.

2. Definitions In this Act: The term buffalo means an animal of the genus: Bison, species: bison, subspecies: bison. 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 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.

3. Buffalo resource management The Secretary shall establish a program within the Department for the purposes of— promoting and developing the capacity of Indian Tribes and Tribal organizations to manage buffalo and buffalo habitat; 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; promoting the development and use of buffalo and buffalo habitat for the maximum practicable benefit of Indian Tribes and Tribal organizations; and 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. 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— plan, conduct, or implement a buffalo restoration or management program; plan and execute commercial activities related to buffalo or buffalo products; or carry out other activities relating to buffalo restoration and management. Nothing in this subsection diminishes any Federal or State law (including regulations) regarding diseased buffalo or buffalo that escape from Indian land. 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 implementing the activities described in subparagraphs (A) through (C) of subsection (b)(1). The program established under this section shall terminate on September 30, 2030.

4. Consultation; coordination 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. 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.

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.

6. Buffalo from Federal land 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).

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