II 

Calendar No. 561 

118TH CONGRESS 

2D SESSION S. 2908 

[Report No. 118–246] 

To assist Tribal governments in the management of buffalo and buffalo 

habitat and the reestablishment of buffalo on Indian land. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2023 

Mr. HEINRICH (for himself, Mr. MULLIN, Mr. TESTER, and Mr. SULLIVAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Indian Affairs 

NOVEMBER 18, 2024 

Reported by Mr. SCHATZ, with amendments 

[Omit the parts struck through and insert the parts printed in italic] 

A BILL 

To assist Tribal governments in the management of buffalo 

and buffalo habitat and the reestablishment of buffalo 

on Indian land. 

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 Man5 agement Act’’. 


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1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) buffalo sustained a majority of Indian 

4 Tribes in North America for many centuries before 

5 buffalo were nearly exterminated by non-Indian 

6 hunters in the mid-1800s; 

7 (2) the historical, cultural, and spiritual connec8 tion between buffalo and Indian Tribes has not di9 minished over time; 

10 (3) Indian Tribes have long desired the reestab11 lishment of buffalo throughout Indian country for 

12 cultural, spiritual, and subsistence purposes; and 

13 (4) the successful restoration of buffalo would 

14 allow an Indian Tribe to benefit from— 

15 (A) the reintroduction of buffalo into the 

16 diets of the members of the Indian Tribe; 

17 (B) the rekindling of the spiritual and cul18 tural relationship between buffalo and the In19 dian Tribe; and 

20 (C) the use of buffalo for economic devel21 opment, in the case of an Indian Tribe that 

22 chooses to use buffalo for economic develop23 ment. 

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

25 (1) to fulfill the government-to-government rela26 tionship between Tribal governments and the United 


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1 States in the management of buffalo and buffalo 

2 habitat; 

3 (2) to promote and develop the capacity of In4 dian Tribes and Tribal organizations to manage buf5 falo and buffalo habitat; 

6 (3) to protect, conserve, and enhance buffalo, 

7 which are important to the subsistence, culture, and 

8 economic development of many Indian Tribes; 

9 (4) to promote the development and use of buf10 falo and buffalo habitat for the maximum prac11 ticable benefit of Indian Tribes and Tribal organiza12 tions, through management of buffalo and buffalo 

13 habitats in accordance with integrated resource 

14 management plans developed by Indian Tribes and 

15 Tribal organizations; 

16 (5) to develop buffalo herds and increase pro17 duction of buffalo in order to meet Tribal subsist18 ence, health, cultural, and economic development 

19 needs; and 

20 (6) to promote the inclusion of Indian Tribes 

21 and Tribal organizations in Department of the Inte22 rior, local, regional, national, or international— 

23 (A) decision-making processes; and 

24 (B) forums. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

4 animal of the subspecies Bison bison bison. 

5 (2) BUFFALO HABITAT.—The term ‘‘buffalo 

6 habitat’’ means Indian land that is managed for buf7 falo. 

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

9 means the Department of the Interior. 

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

11 has the meaning given the term in paragraph (2) of 

12 section 2601 of the Energy Policy Act of 1992 (25 

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

14 term ‘‘Indian reservation’’ shall be considered to 

15 have the meaning given the term ‘‘Indian reserva16 tion’’ in paragraph (3) of that section, without re17 gard to the date specified in paragraph (3) of that 

18 section. 

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

20 has the meaning given the term in section 4 of the 

21 Indian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 5304). 

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

24 the Secretary of the Interior. 

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

26 organization’’ means a legally established organizaVerDate Sep 11 2014 03:22 Nov 19, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2908.RS S2908

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1 tion of Indians that is chartered under section 17 of 

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

3 ‘‘Indian Reorganization Act’’) (25 U.S.C. 5124) with 

4 demonstrable experience in the restoration of buffalo 

5 and buffalo habitat on Indian land. 

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

7 organization’’ means any legally established organiza8 tion of Indians that— 

9 (A)(i) is chartered under section 17 of the 

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

11 ‘‘Indian Reorganization Act’’; 25 U.S.C. 5124) 

12 and recognized by the governing body of one or 

13 more Indian Tribes; or 

14 (ii) is a Tribal corporation federally char15 tered under section 3 of the Oklahoma Indian 

16 Welfare Act (25 U.S.C. 5203); and 

17 (B) has demonstrable experience in the res18 toration of buffalo and buffalo habitat on Indian 

19 land. 

20 SEC. 4. BUFFALO RESOURCE MANAGEMENT. 

21 (a) PROGRAM ESTABLISHED.—The Secretary shall 

22 establish a permanent program within the Department for 

23 the purposes of— 


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1 (1) promoting and developing the capacity of 

2 Indian Tribes and Tribal organizations to manage 

3 buffalo and buffalo habitat; 

4 (2) promoting the ability of Indian Tribes and 

5 Tribal organizations to protect, conserve, and en6 hance populations of buffalo that are owned by In7 dian Tribes or Tribal organizations; 

8 (3) promoting the development and use of buf9 falo and buffalo habitat for the maximum prac10 ticable benefit of Indian Tribes and Tribal organiza11 tions; and 

12 (4) promoting the inclusion of Indian Tribes 

13 and Tribal organizations in Department, inter14 national, national, regional, and local decision mak15 ing and forums regarding buffalo and buffalo habi16 tat. 

17 (b) CONTRACTS AND GRANTS AUTHORIZED.— 

18 (1) IN GENERAL.—The Secretary shall enter 

19 into contracts and cooperative agreements with, and 

20 award grants to, Indian Tribes and Tribal organiza21 tions to enable the Indian Tribes and Tribal organi22 zations— 

23 (A) to plan, conduct, or implement a buf24 falo restoration or management program; 


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1 (B) to plan and execute commercial activi2 ties related to buffalo or buffalo products; or 

3 (C) to support the use and deployment of 

4 mobile Tribal or Tribal organization meat proc5 essing facilities; or 

6 (C)(D) to carry out other activities relating 

7 to buffalo restoration and management. 

8 (2) NO DIMINISHMENT OF LAWS AND REGULA9 TIONS.—Nothing in this subsection diminishes any 

10 Federal or State law (including regulations) regard11 ing diseased buffalo or buffalo that escape from In12 dian land. 

13 (c) TECHNICAL ASSISTANCE.—The Secretary shall 

14 provide technical assistance to an Indian Tribe or Tribal 

15 organization that enters into a contract or cooperative 

16 agreement or receives a grant under this section to assist 

17 the Indian Tribe or Tribal organization in— 

18 (1) carrying out the activities of a buffalo or 

19 buffalo habitat restoration or management program; 

20 and 

21 (2) implementing the activities described in sub22 paragraphs (A) through (C) (D) of subsection 

23 (b)(1). 


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1 SEC. 5. CONSULTATION; COORDINATION. 

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

3 date of enactment of this Act, and on an ongoing basis 

4 thereafter, the Secretary shall consult with Indian Tribes 

5 and Tribal organizations on initiatives of the Department 

6 that affect buffalo or buffalo habitat, including efforts of 

7 the Department to contain or eradicate diseased buffalo. 

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

9 policy relating to buffalo and buffalo habitat management 

10 activities on Indian land, in accordance with— 

11 (1) the goals and objectives described in buffalo 

12 management programs approved by Indian Tribes; 

13 and 

14 (2) Tribal laws and ordinances. 

15 SEC. 6. PROTECTION OF INFORMATION. 

16 Notwithstanding any other provision of law, the Sec17 retary shall not disclose or cause to be disclosed any infor18 mation provided to the Secretary by an Indian Tribe or 

19 Tribal organization that is identified by the Indian Tribe 

20 or Tribal organization as culturally sensitive, proprietary, 

21 or otherwise confidential. 

22 SEC. 7. BUFFALO FROM FEDERAL LAND. 

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

24 agreement with an Indian Tribe or Tribal organization to 

25 dispose of surplus buffalo on Federal land administered 


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1 by the Department, as applicable, by transporting such 

2 buffalo onto Indian land. 

3 (b) APPLICATION.—An Indian Tribe or Tribal orga4 nization may submit to the Secretary an application to re5 ceive buffalo described in subsection (a) at such time, in 

6 such manner, and containing such information as the Sec7 retary may require. 

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

9 any charges for the buffalo described in subsection (a), 

10 including any deposit or payment for services as described 

11 in section 10.2 of title 36, Code of Federal Regulations 

12 (or any successor regulation). 

13 SEC. 8. TREATY RIGHTS RETAINED. 

14 Nothing in this Act alters, modifies, diminishes, or 

15 extinguishes the treaty rights of any Indian Tribe. 

16 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to the Sec18 retary to carry out this Act $14,000,000 for fiscal year 

19 2024 and each fiscal year thereafter. 


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Calendar No. 561 

118TH CONGRESS 

2D SESSION S. 2908 

[Report No. 118–246] 

A BILL 

To assist Tribal governments in the management of 

ment of buffalo on Indian land. buffalo and buffalo habitat and the reestablishNOVEMBER 18, 2024 

Reported with amendments 


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