S2908-118

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

2. Findings; purposes Congress finds that— 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. The purposes of this Act are— 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.

5. 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.

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.

7. 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).

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