IIB 

117TH CONGRESS 

1ST SESSION H. R. 2074 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2021 

Received; read twice and referred to the Committee on Indian Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Buffalo Man3 agement Act’’. 

4 SEC. 2. FINDINGS; PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) buffalo sustained a majority of Indian 

7 Tribes in North America for many centuries before 

8 buffalo were nearly exterminated by non-Indian 

9 hunters in the mid-1800s; 

10 (2) the historical, cultural, and spiritual connec11 tion between buffalo and Indian Tribes has not di12 minished over time; 

13 (3) Indian Tribes have long desired the reestab14 lishment of buffalo throughout Indian country for 

15 cultural, spiritual, and subsistence purposes; and 

16 (4) the successful restoration of buffalo would 

17 allow an Indian Tribe to benefit from— 

18 (A) the reintroduction of buffalo into the 

19 diets of the members of the Indian Tribe; 

20 (B) the rekindling of the spiritual and cul21 tural relationship between buffalo and the In22 dian Tribe; and 

23 (C) the use of buffalo for economic devel24 opment, in the case of an Indian Tribe that 

25 chooses to use buffalo for economic develop26 ment. 


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

2 (1) to fulfill the government-to-government rela3 tionship between Tribal governments and the United 

4 States in the management of buffalo and buffalo 

5 habitat; 

6 (2) to promote and develop the capacity of In7 dian Tribes and Tribal organizations to manage buf8 falo and buffalo habitat; 

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

10 which are important to the subsistence, culture, and 

11 economic development of many Indian Tribes; 

12 (4) to promote the development and use of buf13 falo and buffalo habitat for the maximum prac14 ticable benefit of Indian Tribes and Tribal organiza15 tions, through management of buffalo and buffalo 

16 habitats in accordance with integrated resource 

17 management plans developed by Indian Tribes and 

18 Tribal organizations; 

19 (5) to develop buffalo herds and increase pro20 duction of buffalo in order to meet Tribal subsist21 ence, health, cultural, and economic development 

22 needs; and 

23 (6) to promote the inclusion of Indian Tribes 

24 and Tribal organizations in Department of the Inte25 rior, local, regional, national, or international— 


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1 (A) decision-making processes; and 

2 (B) forums. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

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

6 animal of the subspecies Bison bison bison. 

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

8 habitat’’ means Indian land, as defined in paragraph 

9 (4) of this section, that is managed for buffalo. 

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

11 means the Department of the Interior. 

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

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

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

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

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

17 have the meaning given the term ‘‘Indian reserva18 tion’’ in paragraph (3) of that section, without re19 gard to the date specified in paragraph (3) of that 

20 section. 

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

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

23 Indian Self-Determination and Education Assistance 

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


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

2 the Secretary of the Interior. 

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

4 organization’’ means any legally established organi5 zation of Indians that— 

6 (A) is chartered under section 17 of the 

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

8 ‘‘Indian Reorganization Act’’) (25 U.S.C. 

9 5124), which is recognized by the governing 

10 body of any Indian Tribe or Tribes; or 

11 (B) is a Tribal corporation federally char12 tered under section 3 of the Oklahoma Indian 

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

14 (C) has demonstrable experience in the 

15 restoration of buffalo and buffalo habitat on In16 dian land. 

17 SEC. 4. BUFFALO RESOURCE MANAGEMENT. 

18 (a) PROGRAM ESTABLISHED.—The Secretary shall 

19 establish a permanent program within the Department of 

20 the Interior for the purposes of— 

21 (1) promoting and developing the capacity of 

22 Indian Tribes and Tribal organizations to manage 

23 buffalo and buffalo habitat; 

24 (2) promoting the ability of Indian Tribes and 

25 Tribal organizations to protect, conserve, and enVerDate Sep 11 2014 03:24 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2074.RFS H2074

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1 hance populations of buffalo that are owned by In2 dian Tribes or Tribal organizations; 

3 (3) promoting the development and use of buf4 falo and buffalo habitat for the maximum prac5 ticable benefit of Indian Tribes and Tribal organiza6 tions; and 

7 (4) promoting the inclusion of Indian Tribes 

8 and Tribal organizations in Department, inter9 national, national, regional, and local decision-mak10 ing and forums regarding buffalo and buffalo habi11 tat. 

12 (b) CONTRACTS AND GRANTS AUTHORIZED.— 

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

14 into contracts and cooperative agreements with, and 

15 award grants to, Indian Tribes and Tribal organiza16 tions to enable the Indian Tribes and Tribal organi17 zations— 

18 (A) to plan, conduct, or implement a buf19 falo restoration or management program; 

20 (B) to plan and execute commercial activi21 ties related to buffalo or buffalo products; or 

22 (C) to carry out other activities relating to 

23 buffalo restoration and management. 

24 (2) NO DIMINISHMENT OF LAWS AND REGULA25 TIONS.—Nothing in this subsection diminishes any 


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1 Federal or State law (including regulations) regard2 ing diseased buffalo or buffalo that escape from In3 dian land. 

4 (c) TECHNICAL ASSISTANCE.—The Secretary shall 

5 provide technical assistance to an Indian Tribe or Tribal 

6 organization that enters into a contract or cooperative 

7 agreement or receives a grant under this section to assist 

8 an Indian Tribe or Tribal organization in— 

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

10 buffalo habitat restoration or management program; 

11 and 

12 (2) implementing the activities described in sub13 paragraphs (A) through (C) of subsection (b)(1). 

14 SEC. 5. CONSULTATION; COORDINATION. 

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

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

17 thereafter, the Secretary shall consult with Indian Tribes 

18 and Tribal organizations on initiatives of the Department 

19 that affect buffalo or buffalo habitat, including efforts of 

20 the Department to contain or eradicate diseased buffalo. 

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

22 policy relating to buffalo and buffalo habitat management 

23 activities on Indian land, in accordance with— 


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1 (1) the goals and objectives described in buffalo 

2 management programs approved by Indian Tribes; 

3 and 

4 (2) Tribal laws and ordinances. 

5 SEC. 6. PROTECTION OF INFORMATION. 

6 Notwithstanding any other provision of law, the Sec7 retary shall not disclose or cause to be disclosed any infor8 mation provided to the Secretary by an Indian Tribe or 

9 Tribal organization that is identified by the Indian Tribe 

10 or Tribal organization as culturally sensitive, proprietary, 

11 or otherwise confidential. 

12 SEC. 7. BUFFALO FROM FEDERAL LAND. 

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

14 agreement with an Indian Tribe or Tribal organization to 

15 dispose of surplus buffalo on Federal land administered 

16 by the Department, as applicable, by transporting such 

17 buffalo onto Indian land. 

18 (b) APPLICATION.—An Indian Tribe or Tribal orga19 nization may submit to the Secretary an application to re20 ceive buffalo described in subsection (a) at such time, in 

21 such manner, and containing such information as the Sec22 retary may require. 

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

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

25 including any deposit or payment for services as described 


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

2 (or any successor regulation). 

3 SEC. 8. TREATY RIGHTS RETAINED. 

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

5 extinguishes the treaty rights of any Indian Tribe. 

6 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated to the Sec8 retary to carry out this Act $14,000,000 for fiscal year 

9 2022 and each fiscal year thereafter. 

Passed the House of Representatives December 8, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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