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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1526 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1526

  To improve the management of Indian fish and wildlife and gathering 
                   resources, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 7 (legislative day, September 27), 1993

  Mr. Inouye introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
  To improve the management of Indian fish and wildlife and gathering 
                   resources, and for other purposes.

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

                   short title and table of contents

    Section 1. (a) Short Title.--This Act may be cited as the ``Indian 
Fish and Wildlife Resources Management Act of 1993''.
    (b) Table of Contents.--

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings
Sec. 102. Purpose.
Sec. 103. Definitions.
              TITLE II--INDIAN FISH AND WILDLIFE PROGRAMS

Sec. 201. Management of Indian Fish, Wildlife and Gathering Resources.
Sec. 202. Education in Indian Fish and Wildlife Resource Management.
Sec. 203. Indian Fish Hatchery Assistance Program.
          TITLE III--INDIAN BISON CONSERVATION AND MANAGEMENT

Sec. 301. Indian Bison Conservation Program.
Sec. 302. Indian Bison Ranching Demonstration Projects.
   TITLE IV--NATIVE HAWAIIAN COMMUNITY-BASED FISHERIES DEMONSTRATION 
                                PROJECTS

Sec. 401. Findings.
Sec. 402. Purposes.
Sec. 403. Definitions.
Sec. 404. Native Hawaiian Community-Based Fisheries Demonstration 
                            Projects.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Regulations.
Sec. 602. Severability.
Sec. 603. Trust Responsibility.
Sec. 604. Treaty Obligations.

                      TITLE I--GENERAL PROVISIONS

                                findings

    Sec. 101. The Congress finds and declares that--
            (1) the United States and Indian tribes have a government-
        to-government relationship;
            (2) the United States has a trust responsibility to 
        protect, conserve, and manage Indian fish and wildlife and 
        gathering resources consistent with the treaty rights of Indian 
        tribes;
            (3) the United States trust responsibility extends to all 
        Federal agencies and departments and absent a clear expression 
        of congressional intent to the contrary, the United States has 
        a duty to administer Federal fish and wildlife conservation 
        laws in a manner consistent with its fiduciary obligation to 
        honor and protect the treaty rights of Indian tribes;
            (4) Federal statutes and regulations affecting Indian fish 
        and wildlife resources and tribal resource management 
        activities shall be interpreted in accordance with the trust 
        responsibility set forth in this Act;
            (5) fish and wildlife resources located on Indian lands, in 
        adjacent regional resource management areas, and on ceded 
        territory on which treaty rights have been retained continue to 
        provide sustenance, cultural enrichment, and economic support 
        for Indian tribes, and support the maintenance of economic 
        stability by enabling gainful employment in resource management 
        occupations;
            (6) Indian tribal governments retain jurisdiction over 
        hunting and fishing activities on Indian lands;
            (7) Indian tribal governments serve as co-managers of fish 
        and wildlife resources with other tribal governments, State 
        governments and the Federal government, sharing management 
        responsibilities for fish and wildlife resources as a function 
        of treaties, statutes, and judicial decrees;
            (8) since time immemorial, Indian cultures, religious 
        beliefs and customs have been centered around their 
        relationships with fish, wildlife and gathering resources, and 
        Indian people have relied on these resources for food, shelter, 
        clothing, tools and trade;
            (9) Indian fish and wildlife resources are renewable and 
        manageable natural resources that are among the most valuable 
        tribal assets and which are vital to the well-being of Indian 
        people;
            (10) Indian lands contain millions of acres of natural 
        lakes, woodlands, and impoundments, thousands of perennial 
        streams, and tens of millions of acres of wildlife habitat;
            (11) Indian fish and wildlife programs contribute 
        significantly to the conservation and enhancement of fish, 
        wildlife and gathering resources, including those resources 
        which are classified as threatened and endangered;
            (12) Federal, State, and tribal fish hatcheries produce 
        tens of millions of salmon, steelhead, walleye and other fish 
        species annually, benefitting both Indian and non-Indian sport 
        and commercial fisheries in the United States and Canada, and 
        serving Indian subsistence and ceremonial needs;
            (13) comprehensive and improved management of Indian fish 
        and wildlife resources will yield greater economic returns, 
        enhance Indian self-determination, strengthen tribal self-
        governance, promote employment opportunities, and improve the 
        social, cultural and economic well-being of Indian and 
        neighboring communities;
            (14) amongst the wildlife resources upon which Indian 
        people have traditionally relied for a principle source of 
        subsistence is the American bison, a primary wildlife specie of 
        the Great Plains ecosystem which continues to contribute 
        spiritual, cultural, and economic benefits to many Indian 
        tribes through tribal bison ranching activities;
            (15) the United States has an obligation to provide 
        assistance to Indian tribes to--
                    (A) enable integrated management and regulation of 
                hunting, fishing, trapping and gathering activities on 
                Indian lands, including the protection, conservation 
                and enhancement of resource populations and habitats 
                upon which the meaningful exercise of Indian rights 
                depend;
                    (B) maintain fish hatcheries and other facilities 
                and structures required for the prudent management, 
                enhancement and mitigation of fish and wildlife 
                resources; and
            (16) existing Federal laws and programs do not assure the 
        adequate protection and management of Indian fish and wildlife 
        resources, nor gathering of natural resources nor do they 
        sufficiently address or meet the operation and maintenance 
        needs of tribal fish production facilities.

                                purposes

    Sec. 102. The purposes of this Act are--
            (1) to reaffirm and protect Indian hunting, fishing, 
        trapping and gathering rights, and to provide for the 
        conservation, prudent management, enhancement, orderly 
        development and wise use of the resources upon which the 
        meaningful exercise of Indian rights depend;
            (2) to enhance and maximize tribal capability and 
        flexibility in managing fish and wildlife resources for the 
        continuing benefit of Indian people, and in co-managing shared 
        resources for the benefit of the Nation, in a manner consistent 
        with the exercise of Indian hunting, fishing, trapping and 
        gathering rights and the United States' trust responsibility to 
        honor Indian treaty rights and protect Indian resources;
            (3) to support the Federal policy of Indian self-
        determination and tribal self-governance by authorizing and 
        encouraging government-to-government relations and cooperative 
        agreements amongst Federal, State, local and tribal 
        governments, as well as international agencies and commissions 
        responsible for multi-jurisdictional fish and wildlife resource 
        decision making;
            (4) to authorize and establish Indian bison ranching 
        demonstration projects that may be administered by Indian 
        tribal governments pursuant to the Indian Self-Determination 
        and Education Act to meet tribal bison ranching and management 
        needs, and to train Indian people in bison management 
        techniques;
            (5) to authorize and establish an Indian Fish Hatchery 
        Assistance Program that may be administered by Indian tribal 
        governments pursuant to the Indian Self-Determination and 
        Education Act to meet Indian hatchery needs and fulfill tribal 
        co-management responsibilities; and
            (6) to authorize and establish an Indian Fish and Wildlife 
        Resource Management Education Assistance Program to promote and 
        develop full tribal technical capability and competence in 
        managing fish and wildlife resource programs.

                              definitions

    Sec. 103. For the purposes of this Act--
            (1) The term ``Bureau'' means the Bureau of Indian Affairs 
        within the United States Department of the Interior.
            (2) The term ``ceded territory'' means land ceded to the 
        United States by treaty upon which the treating tribe or tribes 
        retain hunting, fishing and gathering rights.
            (3) The term ``co-management'' means a process involving 
        two or more recognized governmental or governmentally-chartered 
        authorities having rights to, jurisdiction over, or 
        responsibilities for the management or use of a fish or 
        wildlife resource during some phase of its life cycle.
            (4) The term ``cooperative agreement'' means a written 
        agreement entered into by two or more parties agreeing to work 
        together or actively protect, conserve, enhance, restore or 
        otherwise manage fish and wildlife resources.
            (5) The term ``Indian fish hatchery'' means any single- or 
        multi-purpose facility which is engaged in the spawning, 
        hatching, rearing, holding, caring for or stocking of fish 
        including related research and diagnostic fish health 
        facilities and which is--
                    (A) owned or operated by an Indian tribe or the 
                Bureau of Indian Affairs, or by the United States Fish 
                and Wildlife Service on Indian lands, or
                    (B) is owned or operated by a government agency 
                pursuant to Federal statute and has as a purpose, the 
                mitigation or recovery of fish resources subject to 
                treaty rights as determined by a federal court.
            (6) The term ``fish hatchery maintenance'' means work that 
        is required at periodic intervals to prolong the life of a fish 
        hatchery and its components and associated equipment, and to 
        prevent the need for premature replacement or repair.
            (7) The term ``fish hatchery rehabilitation'' means 
        noncyclical work that is required to address the physical 
        deterioration and functional obsolescence of a fish hatchery 
        building, structure or other facility component, or to repair 
        damage resulting from aging, natural phenomena and other 
        causes, including work to repair, modify, or improve facility 
        components to enhance their original function, the application 
        of technological advances, and the replacement or acquisition 
        of capital equipment, such as, among others, fish distribution 
        tanks, vehicles, and standby generators.
            (8) The term ``forest land management activity'' has the 
        same meaning given to such term by section 304(4) of the Indian 
        Forest Resources Management Act (25 U.S.C. 3103(4)).
            (9) The term ``Indian'' means a member of an Indian tribe 
        as defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            (10) The term ``Indian fish and wildlife organization'' 
        means a tribal or multi-tribal commission, authority, or other 
        body for the purpose of representing or coordinating tribal 
        interests in pursuing resource management or rights protection 
        goals and strategies.
            (11) The term ``Indian fish and wildlife resource'' means 
        any species of animal or plant life for which Indians have a 
        right to fish, hunt, trap or gather for subsistence, 
        ceremonial, recreational or commercial purposes, or for which 
        an Indian tribal government has management or co-management 
        responsibilities.
            (12) The term ``Indian lands'' means all lands within the 
        limits of any Indian reservation, public domain Indian 
        allotments, all other lands title to which is either held in 
        trust by the United States for the benefit of any Indian tribe 
        or individual or held by any Indian tribe or individual subject 
        to a restriction by the United States against alienation, all 
        dependent Indian communities, and all land owned by an Indian 
        tribe, including land owned by an Alaska Native village or an 
        Alaska Native corporation.
            (13) The term ``Indian reservation'' means reservations 
        established pursuant to treaties, Acts of Congress or Executive 
        orders, public domain Indian allotments, and Indian lands in 
        the State of Oklahoma.
            (14) The term ``Indian tribe'' means any Indian tribe, 
        band, nation, rancheria, pueblo, or other organized dependent 
        Indian group or community which is recognized as eligible for 
        the special programs and services provided by the United States 
        to Indians because of their status as Indians.
            (15) The term ``integrated resource management plan'' means 
        the plan developed pursuant to the process used by tribal 
        governments to assess available resources and to provide 
        identified comprehensive management objectives that include 
        quality of life, production goals and landscape descriptions of 
        all designated resources that may include, but are not limited 
        to, water, fish, wildlife, forestry, agriculture, minerals, and 
        recreation, as well as community and municipal resources, and 
        may include any previously-adopted tribal codes and plans 
        related to such resources.
            (16) The term ``regional resource management areas'' means 
        those areas in which an Indian tribe has a right to fish, hunt, 
        gather or trap for subsistence, ceremonial or commercial 
        purposes, or in which an Indian tribe has management or co-
        management responsibilities.
            (17) The term ``resource management activities'' means all 
        activities performed in managing Indian fish, wildlife, 
        gathering, and related outdoor recreation and resources; 
        including, but not limited to--
                    (A) implementation and enforcement of tribal fish 
                and wildlife codes, ordinances, and regulations;
                    (B) development of integrated resource management 
                plans for Indian lands or regional resource management 
                areas, surveys, or inventories;
                    (C) population and life history investigations;
                    (D) harvest management and use studies;
                    (E) fish production and hatchery management;
                    (F) judicial services;
                    (G) co-management activities with federal, state, 
                local or tribal governments or international agencies:
                    (H) public use management;
                    (I) information management;
                    (J) public relations and general administration;
                    (K) mitigation for habitat loss; and
                    (L) rehabilitation, restoration and enhancement of 
                fish and wildlife habitat.
            The term ``resource management activities'' does not 
        include forest land or agricultural management activities.
            (18) The term ``Secretary'' means the Secretary of the 
        Interior.
            (19) The term ``tribal bison ranching demonstration 
        projects'' means any activity undertaken by an Indian tribe 
        which relates to the production, rearing, holding, management, 
        or preservation of bison, including training in bison ranching 
        management techniques.
            (20) The term ``tribal co-management'' means the sharing of 
        decision-making and management responsibilities with one or 
        more tribal governments in local, regional, national and 
        international fish and wildlife resource management processes.
            (21) The term ``tribal organization'' has the meaning given 
        to such term by section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b), including Indian 
        fish and wildlife organizations.

              TITLE II--INDIAN FISH AND WILDLIFE PROGRAMS

      management of indian fish, wildlife and gathering resources

    Sec. 201. (a) Management Objectives.--Consistent with the 
provisions of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b et seq.), the Secretary shall support tribal 
administration of Indian fish and wildlife resource management 
activities to achieve the following objectives:
            (1) To carry out the government-to-government relationship 
        between Indian tribal governments and the United States in the 
        management of Indian fish and wildlife resources.
            (2) To protect Indian hunting, fishing, and gathering 
        rights guaranteed to Indian tribes by the United States through 
        treaty, statute, Executive order, or court decree.
            (3) To provide for the development and enhancement of the 
        capacities of Indian tribal governments to manage Indian fish 
        and wildlife resources.
            (4) To protect, conserve and enhance Indian fish and 
        wildlife resources that are important to the subsistence, 
        cultural enrichment, and economic development of Indian 
        communities.
            (5) To promote the development and use of Indian fish and 
        wildlife resources for the maximum benefit of Indian people, by 
        managing Indian resources in accordance with tribally-developed 
        integrated resource management plans which provide coordination 
        for the comprehensive management of all natural resources.
            (6) To selectively develop and increase production of 
        certain fish and wildlife resources.
            (7) To authorize and support tribal co-management or 
        cooperative activities in local, regional, national or 
        international decision-making processes and forums.
            (8) To develop and increase production of fish, wildlife 
        and bison resources so as to better meet Indian subsistence, 
        ceremonial, recreational and commercial needs.
    (b) Management Program.--(1) In order to achieve the objectives set 
forth in subsection (a), the Secretary, in full consultation with 
Indian tribes and tribal organizations, shall establish the Indian Fish 
and Wildlife Resource Management Program which shall be administered 
consistent with the provisions of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).
    (2) The Secretary shall promote tribal management of Indian fish, 
wildlife, trapping and gathering resources, and implementation of this 
Act, through contracts, cooperative agreements, or grants under the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 
et seq.), or other Federal laws.
    (3) The Secretary, upon the request of any Indian tribe or tribal 
organization, shall enter into a contract, cooperative agreement, or a 
grant under the Indian Self-Determination and Education Assistance Act, 
with the tribe or tribal organization to plan, conduct, or administer 
any program of the Department of the Interior, or portion thereof which 
affects Indian fish and wildlife resources and which is currently 
administered by the Secretary without regard to the agency or office of 
the Department of the Interior or the organizational level within the 
department.
    (4) The Secretary shall, upon the request of an Indian tribe or 
tribal organization, enter into a cooperative agreement with the tribe 
or tribal organization on any management issue affecting Indian fish 
and wildlife resources.
    (c) Management Activities.--Indian fish and wildlife resource 
management activities carried out under the program established in 
subsection (b) may include, but shall not be limited to--
            (1) the development, implementation, and enforcement of 
        tribal codes, ordinances, and regulations;
            (2) the development and implementation of resource and 
        management plans, surveys, and inventories;
            (3) the conduct of fish and wildlife population and life 
        history investigations, habitat investigations, habitat 
        restoration, harvest management, and use studies;
            (4) fish production and hatchery management;
            (5) the development of tribal conservation programs, 
        including employment and training of tribal conservation 
        enforcement officers; and
            (6) participation in joint or cooperative management of 
        fish and wildlife resources on a regional basis with Federal, 
        State, tribal, and local or international authorities.
    (d) Survey and Report.--
            (1) The Secretary is authorized to enter into contracts or 
        provide grants to Indian tribes or tribal organizations under 
        the authority of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.) for the purpose of 
        developing a report to the Congress based on a survey of each 
        Indian reservation that shall include, but not be limited to--
                    (A) a review of existing tribal codes, ordinances, 
                and regulations governing the management of fish and 
                wildlife resources;
                    (B) an assessment of the need to update and revise 
                tribal codes, ordinances, and regulations governing 
                tribal fish and wildlife resource protection and use;
                    (C) a determination and documentation of the needs 
                for tribal conservation officers, tribal fisheries and 
                wildlife biologists, and other professionals to 
                administer Indian fish and wildlife resource management 
                programs;
                    (D) an assessment of the need to provide training 
                to and develop curricula for Indian fish and wildlife 
                resource personnel, including tribal conservation 
                officers, which incorporate law enforcement, fish and 
                wildlife conservation, identification and resource 
                management principles and techniques; and
                    (E) a determination and documentation of the 
                condition of Indian fish and wildlife resources.
            (2) Within one year of the date of enactment of this Act, 
        the Secretary shall submit to the Congress a report which 
        includes the results of the survey conducted under the 
        authority of subsection (1) of this section.
    (e) Indian Fish and Wildlife Resource Management Plans.--
            (1) To meet the management objectives set forth in 
        subsection (a), an Indian fish and wildlife resource management 
        plan shall be developed and implemented as follows:
                    (A) Pursuant to a self-determination contract or 
                self governance compact under the Indian Self-
                Determination and Education Assistance Act, an Indian 
                tribe may develop or implement an Indian fish and 
                wildlife management plan. Subject to the provisions of 
                subparagraph (C), the tribe shall have broad discretion 
                in designing and carrying out the planning process.
                    (B) If a tribe elects not to contract the 
                development or implementation of a plan, the Secretary 
                shall develop or implement the plan in close 
                consultation with the affected tribe.
                    (C) Whether developed directly by the tribe or by 
                the Secretary, the plan shall--
                            (i) determine the condition of fish and 
                        wildlife resources and habitat conditions,
                            (ii) identify specific tribal fish and 
                        wildlife resource goals and objectives,
                            (iii) establish management objectives for 
                        the resources,
                            (iv) define critical values of the Indian 
                        tribe and its members and provide identified 
                        comprehensive management objectives,
                            (v) be developed through public meetings,
                            (vi) use the public meeting records, 
                        existing survey documents, reports, and other 
                        research from Federal agencies and tribal 
                        community colleges, and
                            (vii) be completed within three years of 
                        the initiation of activity to establish the 
                        plan.
            (2) Indian fish and wildlife management plans developed and 
        approved under this section shall govern the management and 
        administration of Indian fish and wildlife resources by the 
        Bureau and the Indian tribal government.
    (f) Tribal Management in Regional Resource Management Areas.--
            (1) Review.--To achieve the objectives set forth in section 
        201(a), and consistent with the provisions of the Indian Self-
        Determination and Education Assistance Act, the Secretary shall 
        review existing programs involving the management of multi-
        jurisdictional fish, wildlife and gathering resources in 
        regional resource management areas, for the purpose of 
        determining the need for Indian representation, program 
        adequacy and staffing needs to appropriately represent the 
        interests of member tribes.
            (2) Report.--Within one year of the date of enactment of 
        this Act, the Secretary shall submit a report to the Congress 
        based upon the review conducted under subsection (1) of this 
        section assessing fish and wildlife program adequacy and 
        staffing needs, and the condition of fish and wildlife 
        resources in regional resource management areas.
    (g) Assistance.--The Secretary is authorized to provide financial 
and technical assistance to enable Indian tribes to--
            (1) update and revise tribal codes, ordinances, and 
        regulations governing tribal fish and wildlife resource 
        protection and use;
            (2) employ tribal conservation officers, tribal fisheries 
        and wildlife biologists, and other professionals to administer 
        Indian fish and wildlife resource management programs; and
            (3) provide training for Indian fish and wildlife resource 
        personnel including tribal conservation officers under a 
        curricula that incorporates law enforcement, fish and wildlife 
        conservation, identification and resource management principles 
        and techniques.

       education in indian fish and wildlife resource management

    Sec. 202. (a) Scholarship Program.--
            (1) The Secretary is authorized to grant fish and wildlife 
        management scholarships to Indians enrolled in accredited 
        programs for post-secondary and graduate fish and wildlife 
        resource management-related fields of study as full-time 
        students.
            (2) A recipient of a fish and wildlife management 
        scholarship shall be required to enter into an obligated 
        service agreement in which the recipient agrees to accept 
        employment with an Indian tribe, a tribal organization, with 
        the Bureau of Indian Affairs, or with the United States Fish 
        and Wildlife Service for one year for each year the recipient 
        received scholarship assistance following completion of the 
        recipient's course of study.
            (3) The Secretary shall not deny scholarship assistance 
        under this subsection solely on the basis of an applicant's 
        scholastic achievement if the applicant has been admitted to 
        and remains in good standing in an accredited post-secondary or 
        graduate institution.
    (b) Fish and Wildlife Education Outreach.--The Secretary shall 
conduct, with the full and active participation of Indian tribes, a 
fish and wildlife and gathering resource education outreach program to 
explain and stimulate interest in all aspects of Indian fish and 
wildlife management and to generate interest in careers as fisheries or 
wildlife biologists or management.
    (c) Postgraduate Recruitment.--The Secretary shall establish and 
maintain a program to attract professional Indian fish or wildlife 
biologists who have graduated from post-secondary or graduate schools 
for employment by Indian tribes, tribal organizations, the Bureau of 
Indian Affairs, or the United States Fish and Wildlife Service in 
exchange for the Secretary's assumption of all or a portion of the 
employee's outstanding student loans, depending upon the period of 
employment involved.
    (d) Fish and Wildlife Biologist Intern Program.--
            (1) The Secretary shall, with the full and active 
        participation of Indian tribes, establish a Fish and Wildlife 
        Resources Intern Program for at least 20 Indian fish and 
        wildlife intern positions. Such positions shall be in addition 
        to the forester intern positions authorized in section 314(a) 
        of the National Indian Forest Resources Management Act (25 
        U.S.C. 3113(a)). Individuals selected as interns shall be 
        enrolled full-time in approved post-secondary or graduate 
        schools in curricula leading to advanced degrees in fish or 
        wildlife resource management-related fields.
            (2) The Secretary shall pay all costs for tuition, books, 
        fees and living expenses incurred by Indian fish and wildlife 
        interns while attending approved study programs.
            (3) An Indian fish and wildlife resource intern shall be 
        required to enter into an obligated service agreement to serve 
        in a professional fish or wildlife management-related capacity 
        with an Indian tribe or tribal organization, or with the Bureau 
        of Indian Affairs, or with a United States Fish and Wildlife 
        Service program serving or benefitting Indian fish and wildlife 
        resources, for one year for each year of education for which 
        the Secretary pays the intern's educational costs under this 
        subsection (2).
            (4) An Indian fish and wildlife resource intern shall be 
        required to report for service to his or her employing entity 
        during any break in attendance at school of more than 3 weeks 
        duration. Time spent in such service shall be counted toward 
        satisfaction of the intern's obligated service agreement.
    (e) Cooperative Education Program.--
            (1) The Secretary shall maintain a cooperative education 
        program for the purpose of recruiting promising Indian students 
        who are enrolled in secondary schools, tribally controlled 
        community colleges, and other post-secondary or graduate 
        schools for employment as professional fisheries or wildlife 
        biologists or other related professional positions with an 
        Indian tribe, tribal organization, the Bureau of Indian 
        Affairs, or with the United States Fish and Wildlife Service 
        serving or benefitting Indian lands.
            (2) Under the program authorized in subsection (1), the 
        Secretary shall pay all costs for tuition, books and fees of an 
        Indian student who is enrolled in a course of study at an 
        educational institution with which the Secretary has entered 
        into a cooperative agreement, and who is interested in a career 
        with an Indian tribe, tribal organization, the Bureau of Indian 
        Affairs, or with the United States Fish and Wildlife Service 
        serving or benefitting Indian lands.
            (3) Financial need shall not be a requirement to receive 
        assistance under the program authorized in subsection (1).
            (4) A recipient of assistance under the program authorized 
        in subsection (1) shall be required to enter into an obligated 
        service agreement to serve as a professional fish or wildlife 
        biologist or other related professional with an Indian tribe, 
        tribal organization, the Bureau of Indian Affairs, or the 
        United States Fish and Wildlife Service, for one year for each 
        year that the Secretary pays the recipient's education costs 
        pursuant to paragraph (2).
    (f) Adequacy of Programs.--The Secretary shall provide 
administrative oversight of the programs described in this section 
until a sufficient number of personnel are available to administer 
Indian fish and wildlife resource management programs on Indian lands 
and resource management areas.
    (g) Obligated Service; Breach of Contract.--
            (1) Obligated service.--Where an individual enters into an 
        agreement for obligated service in return for financial 
        assistance under any provision of this section, the Secretary 
        shall adopt such regulations as are necessary to provide for an 
        offer of employment to the recipient of such assistance as 
        required by such provision. Where an offer of employment is not 
        reasonably made, the regulations shall provide that such 
        service shall no longer be required.
            (2) Breach of contract.--Where an individual fails to 
        accept a reasonable offer of employment in fulfillment of such 
        obligated service or unreasonably terminates or fails to 
        perform the duties of such employment, the Secretary shall 
        require a repayment of the financial assistance provided, pro 
        rated for the amount of time of obligated service that was 
        performed, together with interest on such amount which would be 
        payable if at the time the amounts were paid they were loans 
        bearing interest at the maximum legal prevailing rate, as 
        determined by the Secretary of the Treasury.

                indian fish hatchery assistance program

    Sec. 203. (a) Program.--The Secretary, with full and active 
participation of Indian tribes, shall establish and administer an 
Indian Fish Hatchery Assistance Program to produce and distribute fish 
of the species, strain, number, size and quality to assist Indian 
tribes to develop tribal hatcheries and enhance fisheries resources on 
Indian lands to meet resource needs, including but not limited to, 
Indian subsistence, ceremonial and commercial fisheries needs.
    (b) Report.--Within one year of the date of enactment of this Act, 
the Secretary, with the full and active participation of Indian tribes, 
shall submit a report to the Congress identifying the facilities which 
comprise the Indian Fish Hatchery Program, the maintenance, 
rehabilitation, and construction needs of such facilities, and 
providing a plan for their administration and cost-effective operation.
    (c) Fish Hatchery Maintenance and Rehabilitation.--Within one year 
of the date of the enactment of this Act, the Secretary, with the full 
and active participation of Indian tribes, shall submit a report to the 
Congress identifying maintenance and rehabilitation needs of the 
facilities that comprise the Indian Fish Hatchery Assistance Program, 
identifying criteria and procedures to be used in evaluating and 
ranking fish hatchery maintenance and rehabilitation project proposals 
submitted by Indian tribes.
    (d) Contracting.--Upon the request of any Indian tribe, the 
Secretary shall enter into a contract or annual funding agreement with 
the tribe pursuant to an Indian Self-Determination Education and 
Assistance Act contract, cooperative agreement, or grant, to plan, 
conduct and administer the Indian Fish Hatchery Assistance Program, or 
portions thereof.
    (e) Fish Hatchery Operating Agreements.--For hatcheries defined 
under section 103(5)(B), within one year of the date of the enactment 
of this Act, the entities owning or operating such hatcheries shall 
enter into agreements with the Secretary and the affected Indian tribes 
specifying the manner in which each hatchery facility shall be operated 
so as to mitigate or recover Indian fish resources subject to treaty 
fishing rights.

          TITLE III--INDIAN BISON CONSERVATION AND MANAGEMENT

                   indian bison conservation program

    Sec. 301. (a) The Secretary is authorized to enter into contracts 
with or make grants to Indian tribes and tribal organizations to 
develop and maintain an Indian Bison Conservation Program to meet 
tribal subsistence, ceremonial, commercial, and resource needs.
    (b) A program established under the authority of this section shall 
provide for the preservation, restoration, production, care and 
management of bison.
    (c) Funds provided under this section may be used to--
            (1) develop and implement bison management plans, surveys, 
        and inventories;
            (2) conduct research on bison populations and habitat;
            (3) undertake habitat restoration; and
            (4) develop range ecology and conservation programs.

              indian bison ranching demonstration projects

    Sec. 302. (a) The Secretary, with the full and active participation 
of Indian tribes, shall establish Indian Bison Ranching Demonstration 
Projects to support Indian tribes in their initiation, management, and 
maintenance of bison ranching operations to meet tribal subsistence, 
ceremonial, commercial, and resource needs.
    (b) Within 24 months of the date of enactment of this Act, the 
Secretary, with the full and active participation of Indian tribes, 
shall submit a report to the Congress assessing the effectiveness of 
the Indian Bison Ranching Demonstration Projects.
    (c) Within 18 months of the date of enactment of this Act, the 
Secretary shall, with the full and active participation of Indian 
tribes, submit a report to the Congress identifying criteria and 
procedures to be used in evaluating and ranking bison ranching 
operation maintenance and rehabilitation project proposals submitted by 
Indian tribes.

   TITLE IV--NATIVE HAWAIIAN COMMUNITY-BASED FISHERIES DEMONSTRATION 
                                PROJECTS

                                findings

    Sec. 401. The Congress finds that--
            (1) Native Hawaiians comprise a distinct and unique 
        indigenous people with a historical continuity to the original 
        inhabitants of the Hawaiian archipelago whose society was 
        organized as a nation prior to 1893;
            (2) at the time of the arrival of the first non-indigenous 
        people in 1778, the Native Hawaiian people lived in a highly-
        organized, self-sufficient, subsistence society based on a 
        communal land tenure system with a sophisticated language, 
        culture, and religion;
            (3) as inhabitants of an archipelago, the Native Hawaiian 
        people have, since time immemorial, relied on their surrounding 
        fishery resources for basic subsistence, economic, social, 
        cultural, and spiritual sustenance;
            (4) the protection and preservation of Native Hawaiian 
        traditional fisheries practices including the management and 
        conservation of fisheries resources, and enforcement of 
        conservation measures, and the adaption of such traditional 
        practices consistent with modern management and conservation 
        principles, are vital to the well-being of the Native Hawaiian 
        people;
            (5) Native Hawaiians have distinct rights recognized by 
        federal law as beneficiaries of the Hawaiian Homes Commission 
        Act of 1920 (42 Stat. 108) and of the Act entitled ``An Act to 
        provide for the admission of the State of Hawaii into the 
        Union'', approved March 18, 1959 (73 Stat. 4);
            (6) the United States trust responsibility for the lands 
        set aside for the benefit of Native Hawaiians has never been 
        extinguished; and
            (7) the Federal policy of self-determination and self-
        governance is recognized to extend to all Native Americans, 
        including Native Hawaiians.

                                purposes

    Sec. 402. The purposes of this title are--
            (1) to support and reaffirm Native Hawaiian self-
        determination for the management, conservation, enforcement, 
        and economic enhancement of traditional Native Hawaiian 
        fisheries;
            (2) to reaffirm and protect Native Hawaiian fishing rights, 
        and to provide for the planning, management, conservation, 
        enhancement, orderly development and wise use of the resources 
        upon which the meaningful exercise of such rights depends;
            (3) to encourage communications and cooperative agreements 
        between State, Federal, and Native Hawaiian entities 
        responsible for multi-jurisdictional fish resource decision-
        making; and
            (4) to authorize and establish Native Hawaiian community-
        based fisheries demonstration projects.

                              definitions

    Sec. 403. For purposes of this title:
            (1) The term ``fishery'' means the harvest and use of one 
        or more stocks of marine fish found in the waters surrounding 
        the area that now comprises the State of Hawaii.
            (2) The term ``Native Hawaiian'' means any individual who 
        is a descendant of the aboriginal Polynesian people who, prior 
        to 1778, occupied and exercised sovereignty and self-
        determination in the area that now comprises the State of 
        Hawaii.
            (3) The term ``Native Hawaiian community-based entity'' 
        means any entity or organization which is composed primarily of 
        Native Hawaiian members from a specific community, which 
        assists in the social, cultural and economic development of the 
        Native Hawaiians in that community, and whose stated purpose 
        includes the protection and preservation of Native Hawaiian 
        traditional fisheries practices.
            (4) The term ``Western Pacific Fishery Management Council'' 
        means the regional Council established by section 302 of the 
        Magnuson Fishery Conservation and Management Act with authority 
        over the fisheries in the Federal waters of the Exclusive 
        Economic Zone surrounding American Samoa, Guam, the State of 
        Hawaii and the Commonwealth of the Northern Mariana Islands.
            (5) Unless otherwise indicated, all other definitions 
        contained in section 103 shall apply to this title.

    native hawaiian community-based fisheries demonstration projects

    Sec. 404. (a) Demonstration Projects Authority.--The Secretary 
shall make a direct grant to the Western Pacific Fishery Management 
Council (``Council'') in order that the Council may provide funding to 
Native Hawaiian community-based entities for the purpose of 
establishing at least three, but not more than five, demonstration 
projects to foster and promote the self-determination of Native 
Hawaiian communities over the management, conservation, enforcement and 
economic enhancement of Native Hawaiian fisheries.
    (b) Duties and Responsibilities of Western Pacific Fishery 
Management Council.--The Western Pacific Fishery Management Council 
shall--
            (1) award, administer, and exercise oversight 
        responsibility over the grants authorized under this title to 
        qualified Native Hawaiian community-based entities; and
            (2) submit an annual report to the Congress assessing the 
        status and progress of the demonstration projects, including 
        any obstacles experienced by the demonstration projects which 
        have impeded the purposes of this title.
    (c) Use of Funds.--Demonstration projects funded under this section 
shall foster and promote the self-determination of Native Hawaiian 
communities over the management, conservation, enforcement and economic 
enhancement of Native Hawaiian fisheries, and may include, but not be 
limited to--
            (1) the identification and application of traditional 
        Native Hawaiian fishery management practices on a community-
        wide basis;
            (2) the planning, development and application of community-
        based enforcement plans in order to protect and conserve off-
        shore and ocean resources, and to enforce existing applicable 
        State and Federal laws, in cooperation with State and Federal 
        entities;
            (3) the development of community-based economic enhancement 
        fishery projects; and
            (4) research, community education, and materials, including 
        equipment, necessary to accomplish the purposes of the 
        demonstration projects under this title.
    (d) Administrative Costs.--No more than 7 percent of the funds 
appropriated to carry out the provisions of this title for any fiscal 
year may be used for administrative purposes by the Western Pacific 
Fishery Management Council.
    (e) Technical Assistance.--In order to carry out the purposes of 
this title, State and Federal agencies, including the Western Pacific 
Fishery Management Council, are authorized to assist the Native 
Hawaiian community-based demonstration projects in meeting their 
technical assistance and management needs, as determined by the 
affected Native Hawaiian communities.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.

                   TITLE VI--MISCELLANEOUS PROVISIONS

                              regulations

    Sec. 601. Except as otherwise provided by this Act, the Secretary 
shall promulgate final regulations for the implementation of this Act 
within 18 months following the date of the enactment of this Act. All 
regulations promulgated pursuant to this Act shall be developed by the 
Secretary with the full and active participation of the Indian tribes.

                              severability

    Sec. 602. If any provision of this Act, or the application of any 
provision of this Act to any person or circumstance, is held invalid, 
the application of such provision or circumstance and the remainder of 
this Act shall not be affected thereby.

                          trust responsibility

    Sec. 603. (a) In any departmental action which affects Indian fish 
and wildlife resources, the Secretary shall fully consult with and seek 
the participation of Indian tribes in a manner consistent with the 
Federal trust responsibility and the government-to-government 
relationship between Indian tribes and the Federal Government.
    (b) Nothing in this Act shall be construed to diminish or expand 
the trust responsibility of the United States for Indian natural 
resources, or any legal obligation or remedy resulting therefrom.

                           treaty obligations

    Sec. 604. Nothing in this Act shall be construed to diminish or 
adversely affect the rights of Indian tribes established in existing 
Indian treaties or other Federal laws or court decrees.

                                 <all>

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