IB 

Union Calendar No. 554 

116TH CONGRESS 

2D SESSION H. R. 5153 

[Report No. 116–670] 

To assist Tribal governments in the management of buffalo and buffalo 

habitat and for the reestablishment of buffalo on Indian lands. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2019 

Mr. YOUNG (for himself, Ms. HAALAND, and Mr. COLE) introduced the 

following bill; which was referred to the Committee on Natural Resources 

DECEMBER 18, 2020 

Additional sponsors: Mrs. TORRES of California, Mr. COOK, Mr. LAMALFA, 

and Mr. FORTENBERRY

DECEMBER 18, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 18, 2019] 


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A BILL 

To assist Tribal governments in the management of buffalo 

and buffalo habitat and for the reestablishment of buffalo on Indian lands. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Buffalo Manage5 ment Act’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) buffalo sustained a majority of Indian Tribes 

9 in North America for many centuries, before buffalo 

10 were nearly exterminated by non-Indian hunters in 

11 the mid-1800s; 

12 (2) the historical, cultural, and spiritual connec13 tion between buffalo and Indian Tribes has not di14 minished over time; 

15 (3) Indian Tribes have long desired the reestab16 lishment of buffalo throughout Indian country for cul17 tural, spiritual, and subsistence purposes; and 

18 (4) the successful restoration of buffalo allows an 

19 Indian Tribe to benefit from— 

20 (A) the reintroduction of buffalo into the 

21 diets of the members of the Indian Tribe; 

22 (B) the rekindling of the spiritual and cul23 tural relationship between buffalo and the In24 dian Tribe; and 


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1 (C) the use of buffalo for economic develop2 ment, in the case of an Indian Tribe that chooses 

3 to use buffalo for economic development. 

4 (b) PURPOSES.—The purposes of this Act are— 

5 (1) to fulfill the government-to-government rela6 tionship between Tribal governments and the United 

7 States in the management of buffalo and buffalo habi8 tat; 

9 (2) to promote and develop the capacity of In10 dian Tribes and Tribal organizations to manage buf11 falo and buffalo habitat; 

12 (3) to protect, conserve, and enhance Indian buf13 falo, which are important to the subsistence, culture, 

14 and economic development of many Indian Tribes; 

15 (4) to promote the development and use of buf16 falo and buffalo habitat for the maximum practicable 

17 benefit of Indian Tribes and Tribal organizations, 

18 through management of buffalo and buffalo habitats 

19 in accordance with integrated resource management 

20 plans developed by Indian Tribes and Tribal organi21 zations; 

22 (5) to develop buffalo herds and increase produc23 tion of buffalo in order to meet Tribal subsistence, 

24 health, cultural, and economic development needs; and 


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1 (6) to promote the inclusion of Indian Tribes 

2 and Tribal organizations in Department, local, re3 gional, national, or international— 

4 (A) decision-making processes; or 

5 (B) forums. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) BUFFALO.—The term ‘‘buffalo’’ means an 

9 animal of the subspecies Bison bison bison. 

10 (2) BUFFALO HABITAT.—The term ‘‘buffalo habi11 tat’’ means Indian land, as defined in paragraph (4) 

12 of this section, that is managed for buffalo. 

13 (3) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of the Interior. 

15 (4) INDIAN LAND.—The term ‘‘Indian land’’ has 

16 the meaning given the term in paragraph (2) of sec17 tion 2601 of the Energy Policy Act of 1992 (25 

18 U.S.C. 3501), except that, in that paragraph, the 

19 term ‘‘Indian reservation’’ shall be considered to have 

20 the meaning given the term ‘‘Indian reservation’’ in 

21 paragraph (3) of that section, without regard to the 

22 date specified in paragraph (3) of that section. 

23 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

24 has the meaning given the term (without regard to 

25 capitalization) in section 4 of the Indian Self-DeterVerDate Sep 11 2014 21:05 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H5153.RH H5153

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1 mination and Education Assistance Act (25 U.S.C. 

2 5304). 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (7) TRIBAL ORGANIZATION.—The term ‘‘Tribal 

6 organization’’ means any legally established organiza7 tion of Indians which is chartered under section 17 

8 of the Act of June 18, 1934 (commonly known as the 

9 ‘‘Indian Reorganization Act’’) (25 U.S.C. 5124), by 

10 the recognized governing body of any Indian Tribe or 

11 Tribes, and with demonstrable experience in the res12 toration of buffalo and buffalo habitat on Indian 

13 land. 

14 SEC. 4. BUFFALO RESOURCE MANAGEMENT. 

15 (a) PROGRAM ESTABLISHED.—The Secretary shall es16 tablish a permanent program within the Department of the 

17 Interior for the purpose of— 

18 (1) promoting and developing the capacity of In19 dian Tribes and Tribal organizations to manage buf20 falo and buffalo habitat; 

21 (2) promoting the ability of Indian Tribes and 

22 Tribal organizations to protect, conserve, and enhance 

23 populations of buffalo that are owned by Indian 

24 Tribes or Tribal organizations; 


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1 (3) promoting the development and use of buffalo 

2 and buffalo habitat for the maximum practicable ben3 efit of Indian Tribes and Tribal organizations; and 

4 (4) promoting the inclusion of Indian Tribes and 

5 Tribal organizations in Department, international, 

6 national, regional, and local decision making and fo7 rums regarding buffalo and buffalo habitat. 

8 (b) CONTRACTS AND GRANTS AUTHORIZED.— 

9 (1) IN GENERAL.—The Secretary shall enter into 

10 contracts and cooperative agreements with, and 

11 award grants to, Indian Tribes and Tribal organiza12 tions to enable the respective Indian Tribe or Tribal 

13 organization to— 

14 (A) plan, conduct, or implement a buffalo 

15 restoration or management program; 

16 (B) plan and execute commercial activities 

17 related to buffalo or buffalo products; or 

18 (C) carry out other activities related to buf19 falo restoration and management. 

20 (2) NO DIMINISHMENT OF LAWS AND REGULA21 TIONS.—Nothing in this subsection shall be inter22 preted to diminish any Federal or State law or regu23 lation of diseased buffalo or buffalo that escape from 

24 Indian land. 


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1 (c) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide technical assistance to an Indian Tribe or Tribal 

3 organization that enters into a contract or cooperative 

4 agreement or receives a grant under this section to assist 

5 that Indian Tribe or Tribal organization in— 

6 (1) carrying out the activities of a buffalo or buf7 falo habitat restoration or management program; and 

8 (2) implementing the activities described in sub9 paragraphs (A) through (C) of subsection (b)(1). 

10 SEC. 5. CONSULTATION; COORDINATION. 

11 (a) CONSULTATION.—Not later than 1 year after the 

12 date of the enactment of this Act, and on an ongoing basis 

13 thereafter, the Secretary shall consult with Indian Tribes 

14 and Tribal organizations on initiatives of the Department 

15 that affect buffalo or buffalo habitat, including efforts of the 

16 Department to contain or eradicate diseased buffalo. 

17 (b) COORDINATION.—The Secretary shall develop a 

18 policy relating to buffalo and buffalo habitat management 

19 activities on Indian land, in accordance with— 

20 (1) the goals and objectives set forth in buffalo 

21 management programs approved by Indian Tribes; 

22 and 

23 (2) Tribal laws and ordinances. 


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1 SEC. 6. PROTECTION OF INFORMATION. 

2 Notwithstanding any other provision of law, the Sec3 retary shall not disclose or cause to be disclosed any infor4 mation provided to the Secretary by an Indian Tribe or 

5 Tribal organization that is identified by the Indian Tribe 

6 or Tribal organization as culturally sensitive, proprietary, 

7 or otherwise confidential. 

8 SEC. 7. BUFFALO FROM FEDERAL LAND. 

9 (a) IN GENERAL.—The Secretary may enter into an 

10 agreement with an Indian Tribe or Tribal organization to 

11 dispose of surplus buffalo on Federal land administered by 

12 the Department applicable, by transporting such buffalo 

13 onto Indian land. 

14 (b) APPLICATION.—An Indian Tribe or Tribal organi15 zation may submit to the Secretary an application to re16 ceive buffalo described in subsection (a) at such time, in 

17 such manner, and containing such information as the Sec18 retary may require. 

19 (c) WAIVER OF CHARGES.—The Secretary may waive 

20 any charges for the buffalo described in subsection (a), in21 cluding any deposit or payment for services as described 

22 in section 10.2 of title 36, Code of Federal Regulation, or 

23 any successor regulation. 

24 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

25 There is authorized to be appropriated to the Secretary 

26 for grants to implement this Act, $14,000,000 for the first 


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1 fiscal year beginning after the date of the enactment of this 

2 Act and for each fiscal year thereafter. 


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Union Calendar No. 554 

116TH CONGRESS 

2D SESSION H. R. 5153 

[Report No. 116–670] 

A BILL 

To assist Tribal governments in the management of 

lishment of buffalo on Indian lands. buffalo and buffalo habitat and for the reestabDECEMBER 18, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBC07HB2PROD with BILLS