II 

118TH CONGRESS 

1ST SESSION S. 2908 

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 and Mr. MULLIN) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

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’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) buffalo sustained a majority of Indian 

9 Tribes in North America for many centuries before 


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1 buffalo were nearly exterminated by non-Indian 

2 hunters in the mid-1800s; 

3 (2) the historical, cultural, and spiritual connec4 tion between buffalo and Indian Tribes has not di5 minished over time; 

6 (3) Indian Tribes have long desired the reestab7 lishment of buffalo throughout Indian country for 

8 cultural, spiritual, and subsistence purposes; and 

9 (4) the successful restoration of buffalo would 

10 allow an Indian Tribe to benefit from— 

11 (A) the reintroduction of buffalo into the 

12 diets of the members of the Indian Tribe; 

13 (B) the rekindling of the spiritual and cul14 tural relationship between buffalo and the In15 dian Tribe; and 

16 (C) the use of buffalo for economic devel17 opment, in the case of an Indian Tribe that 

18 chooses to use buffalo for economic develop19 ment. 

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

21 (1) to fulfill the government-to-government rela22 tionship between Tribal governments and the United 

23 States in the management of buffalo and buffalo 

24 habitat; 


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1 (2) to promote and develop the capacity of In2 dian Tribes and Tribal organizations to manage buf3 falo and buffalo habitat; 

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

5 which are important to the subsistence, culture, and 

6 economic development of many Indian Tribes; 

7 (4) to promote the development and use of buf8 falo and buffalo habitat for the maximum prac9 ticable benefit of Indian Tribes and Tribal organiza10 tions, through management of buffalo and buffalo 

11 habitats in accordance with integrated resource 

12 management plans developed by Indian Tribes and 

13 Tribal organizations; 

14 (5) to develop buffalo herds and increase pro15 duction of buffalo in order to meet Tribal subsist16 ence, health, cultural, and economic development 

17 needs; and 

18 (6) to promote the inclusion of Indian Tribes 

19 and Tribal organizations in Department of the Inte20 rior, local, regional, national, or international— 

21 (A) decision-making processes; and 

22 (B) forums. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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

2 animal of the subspecies Bison bison bison. 

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

4 habitat’’ means Indian land that is managed for buf5 falo. 

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

7 means the Department of the Interior. 

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

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

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

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

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

13 have the meaning given the term ‘‘Indian reserva14 tion’’ in paragraph (3) of that section, without re15 gard to the date specified in paragraph (3) of that 

16 section. 

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

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

19 Indian Self-Determination and Education Assistance 

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

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

22 the Secretary of the Interior. 

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

24 organization’’ means a legally established organiza25 tion of Indians that is chartered under section 17 of 


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

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

3 demonstrable experience in the restoration of buffalo 

4 and buffalo habitat on Indian land. 

5 SEC. 4. BUFFALO RESOURCE MANAGEMENT. 

6 (a) PROGRAM ESTABLISHED.—The Secretary shall 

7 establish a permanent program within the Department for 

8 the purposes of— 

9 (1) promoting and developing the capacity of 

10 Indian Tribes and Tribal organizations to manage 

11 buffalo and buffalo habitat; 

12 (2) promoting the ability of Indian Tribes and 

13 Tribal organizations to protect, conserve, and en14 hance populations of buffalo that are owned by In15 dian Tribes or Tribal organizations; 

16 (3) promoting the development and use of buf17 falo and buffalo habitat for the maximum prac18 ticable benefit of Indian Tribes and Tribal organiza19 tions; and 

20 (4) promoting the inclusion of Indian Tribes 

21 and Tribal organizations in Department, inter22 national, national, regional, and local decision mak23 ing and forums regarding buffalo and buffalo habi24 tat. 

25 (b) CONTRACTS AND GRANTS AUTHORIZED.— 


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

2 into contracts and cooperative agreements with, and 

3 award grants to, Indian Tribes and Tribal organiza4 tions to enable the Indian Tribes and Tribal organi5 zations— 

6 (A) to plan, conduct, or implement a buf7 falo restoration or management program; 

8 (B) to plan and execute commercial activi9 ties related to buffalo or buffalo products; or 

10 (C) to carry out other activities relating to 

11 buffalo restoration and management. 

12 (2) NO DIMINISHMENT OF LAWS AND REGULA13 TIONS.—Nothing in this subsection diminishes any 

14 Federal or State law (including regulations) regard15 ing diseased buffalo or buffalo that escape from In16 dian land. 

17 (c) TECHNICAL ASSISTANCE.—The Secretary shall 

18 provide technical assistance to an Indian Tribe or Tribal 

19 organization that enters into a contract or cooperative 

20 agreement or receives a grant under this section to assist 

21 the Indian Tribe or Tribal organization in— 

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

23 buffalo habitat restoration or management program; 

24 and 


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1 (2) implementing the activities described in sub2 paragraphs (A) through (C) of subsection (b)(1). 

3 SEC. 5. CONSULTATION; COORDINATION. 

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

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

6 thereafter, the Secretary shall consult with Indian Tribes 

7 and Tribal organizations on initiatives of the Department 

8 that affect buffalo or buffalo habitat, including efforts of 

9 the Department to contain or eradicate diseased buffalo. 

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

11 policy relating to buffalo and buffalo habitat management 

12 activities on Indian land, in accordance with— 

13 (1) the goals and objectives described in buffalo 

14 management programs approved by Indian Tribes; 

15 and 

16 (2) Tribal laws and ordinances. 

17 SEC. 6. PROTECTION OF INFORMATION. 

18 Notwithstanding any other provision of law, the Sec19 retary shall not disclose or cause to be disclosed any infor20 mation provided to the Secretary by an Indian Tribe or 

21 Tribal organization that is identified by the Indian Tribe 

22 or Tribal organization as culturally sensitive, proprietary, 

23 or otherwise confidential. 


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1 SEC. 7. BUFFALO FROM FEDERAL LAND. 

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

3 agreement with an Indian Tribe or Tribal organization to 

4 dispose of surplus buffalo on Federal land administered 

5 by the Department, as applicable, by transporting such 

6 buffalo onto Indian land. 

7 (b) APPLICATION.—An Indian Tribe or Tribal orga8 nization may submit to the Secretary an application to re9 ceive buffalo described in subsection (a) at such time, in 

10 such manner, and containing such information as the Sec11 retary may require. 

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

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

14 including any deposit or payment for services as described 

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

16 (or any successor regulation). 

17 SEC. 8. TREATY RIGHTS RETAINED. 

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

19 extinguishes the treaty rights of any Indian Tribe. 

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated to the Sec22 retary to carry out this Act $14,000,000 for fiscal year 

23 2024 and each fiscal year thereafter. 

Æ 


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