Calendar No. 550

103D CONGRESS

2D SESSION S. 1526

[Report No. 103–329]

A BILL

To improve the management of Indian fish and

purposes.wildlife and gathering resources, and for other

AUGUST 10 (legislative day, AUGUST 8), 1994

Reported with an amendment
II

Calendar No. 550

103D CONGRESS

2D SESSION S. 1526

[Report No. 103–329]

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

AUGUST 10 (legislative day, AUGUST 8), 1994

Reported by Mr. INOUYE, with an amendment

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

A BILL

To improve the management of Indian fish and wildlife and

gathering resources, and for other purposes.

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

3 SHORT TITLE AND TABLE OF CONTENTS

4 SECTION 1. (a) SHORT TITLE.—This Act may be

5 cited as the ‘‘Indian Fish and Wildlife Resources Manage6 ment Act of 1993’’.
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1 (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.

2 TITLE I—GENERAL PROVISIONS

3 FINDINGS

4 SEC. 101. The Congress finds and declares that—

5 (1) the United States and Indian tribes have a

6 government-to-government relationship;

7 (2) the United States has a trust responsibility

8 to protect, conserve, and manage Indian fish and

9 wildlife and gathering resources consistent with the

10 treaty rights of Indian tribes;
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1 (3) the United States trust responsibility ex2 tends to all Federal agencies and departments and

3 absent a clear expression of congressional intent to

4 the contrary, the United States has a duty to admin5 ister Federal fish and wildlife conservation laws in

6 a manner consistent with its fiduciary obligation to

7 honor and protect the treaty rights of Indian tribes;

8 (4) Federal statutes and regulations affecting

9 Indian fish and wildlife resources and tribal resource

10 management activities shall be interpreted in accord11 ance with the trust responsibility set forth in this

12 Act;

13 (5) fish and wildlife resources located on Indian

14 lands, in adjacent regional resource management

15 areas, and on ceded territory on which treaty rights

16 have been retained continue to provide sustenance,

17 cultural enrichment, and economic support for In18 dian tribes, and support the maintenance of eco19 nomic stability by enabling gainful employment in

20 resource management occupations;

21 (6) Indian tribal governments retain jurisdic22 tion over hunting and fishing activities on Indian

23 lands;

24 (7) Indian tribal governments serve as co-man25 agers of fish and wildlife resources with other tribal
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1 governments, State governments and the Federal

2 government, sharing management responsibilities for

3 fish and wildlife resources as a function of treaties,

4 statutes, and judicial decrees;

5 (8) since time immemorial, Indian cultures, reli6 gious beliefs and customs have been centered around

7 their relationships with fish, wildlife and gathering

8 resources, and Indian people have relied on these re9 sources for food, shelter, clothing, tools and trade;

10 (9) Indian fish and wildlife resources are renew11 able and manageable natural resources that are

12 among the most valuable tribal assets and which are

13 vital to the well-being of Indian people;

14 (10) Indian lands contain millions of acres of

15 natural lakes, woodlands, and impoundments, thou16 sands of perennial streams, and tens of millions of

17 acres of wildlife habitat;

18 (11) Indian fish and wildlife programs contrib19 ute significantly to the conservation and enhance20 ment of fish, wildlife and gathering resources, in21 cluding those resources which are classified as

22 threatened and endangered;

23 (12) Federal, State, and tribal fish hatcheries

24 produce tens of millions of salmon, steelhead, wall25 eye and other fish species annually, benefitting both
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1 Indian and non-Indian sport and commercial fish2 eries in the United States and Canada, and serving

3 Indian subsistence and ceremonial needs;

4 (13) comprehensive and improved management

5 of Indian fish and wildlife resources will yield great6 er economic returns, enhance Indian self-determina7 tion, strengthen tribal self-governance, promote em8 ployment opportunities, and improve the social, cul9 tural and economic well-being of Indian and neigh10 boring communities;

11 (14) amongst the wildlife resources upon which

12 Indian people have traditionally relied for a principle

13 source of subsistence is the American bison, a pri14 mary wildlife specie of the Great Plains ecosystem

15 which continues to contribute spiritual, cultural, and

16 economic benefits to many Indian tribes through

17 tribal bison ranching activities;

18 (15) the United States has an obligation to pro19 vide assistance to Indian tribes to—

20 (A) enable integrated management and

21 regulation of hunting, fishing, trapping and

22 gathering activities on Indian lands, including

23 the protection, conservation and enhancement

24 of resource populations and habitats upon
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1 which the meaningful exercise of Indian rights

2 depend;

3 (B) maintain fish hatcheries and other fa4 cilities and structures required for the prudent

5 management, enhancement and mitigation of

6 fish and wildlife resources; and

7 (16) existing Federal laws and programs do not

8 assure the adequate protection and management of

9 Indian fish and wildlife resources, nor gathering of

10 natural resources nor do they sufficiently address or

11 meet the operation and maintenance needs of tribal

12 fish production facilities.

13 PURPOSES

14 SEC. 102. The purposes of this Act are—

15 (1) to reaffirm and protect Indian hunting,

16 fishing, trapping and gathering rights, and to pro17 vide for the conservation, prudent management, en18 hancement, orderly development and wise use of the

19 resources upon which the meaningful exercise of In20 dian rights depend;

21 (2) to enhance and maximize tribal capability

22 and flexibility in managing fish and wildlife re23 sources for the continuing benefit of Indian people,

24 and in co-managing shared resources for the benefit

25 of the Nation, in a manner consistent with the exer26 cise of Indian hunting, fishing, trapping and gather-
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1 ing rights and the United States’ trust responsibility

2 to honor Indian treaty rights and protect Indian re3 sources;

4 (3) to support the Federal policy of Indian self5 determination and tribal self-governance by authoriz6 ing and encouraging government-to-government rela7 tions and cooperative agreements amongst Federal,

8 State, local and tribal governments, as well as inter9 national agencies and commissions responsible for

10 multi-jurisdictional fish and wildlife resource deci11 sion making;

12 (4) to authorize and establish Indian bison

13 ranching demonstration projects that may be admin14 istered by Indian tribal governments pursuant to the

15 Indian Self-Determination and Education Act to

16 meet tribal bison ranching and management needs,

17 and to train Indian people in bison management

18 techniques;

19 (5) to authorize and establish an Indian Fish

20 Hatchery Assistance Program that may be adminis21 tered by Indian tribal governments pursuant to the

22 Indian Self-Determination and Education Act to

23 meet Indian hatchery needs and fulfill tribal co-man24 agement responsibilities; and
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1 (6) to authorize and establish an Indian Fish

2 and Wildlife Resource Management Education As3 sistance Program to promote and develop full tribal

4 technical capability and competence in managing

5 fish and wildlife resource programs.

6 DEFINITIONS

7 SEC. 103. For the purposes of this Act—

8 (1) The term ‘‘Bureau’’ means the Bureau of

9 Indian Affairs within the United States Department

10 of the Interior.

11 (2) The term ‘‘ceded territory’’ means land

12 ceded to the United States by treaty upon which the

13 treating tribe or tribes retain hunting, fishing and

14 gathering rights.

15 (3) The term ‘‘co-management’’ means a proc16 ess involving two or more recognized governmental

17 or governmentally-chartered authorities having

18 rights to, jurisdiction over, or responsibilities for the

19 management or use of a fish or wildlife resource

20 during some phase of its life cycle.

21 (4) The term ‘‘cooperative agreement’’ means a

22 written agreement entered into by two or more par23 ties agreeing to work together or actively protect,

24 conserve, enhance, restore or otherwise manage fish

25 and wildlife resources.
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1 (5) The term ‘‘Indian fish hatchery’’ means any

2 single- or multi-purpose facility which is engaged in

3 the spawning, hatching, rearing, holding, caring for

4 or stocking of fish including related research and di5 agnostic fish health facilities and which is—

6 (A) owned or operated by an Indian tribe

7 or the Bureau of Indian Affairs, or by the

8 United States Fish and Wildlife Service on In9 dian lands, or

10 (B) is owned or operated by a government

11 agency pursuant to Federal statute and has as

12 a purpose, the mitigation or recovery of fish re13 sources subject to treaty rights as determined

14 by a federal court.

15 (6) The term ‘‘fish hatchery maintenance’’

16 means work that is required at periodic intervals to

17 prolong the life of a fish hatchery and its compo18 nents and associated equipment, and to prevent the

19 need for premature replacement or repair.

20 (7) The term ‘‘fish hatchery rehabilitation’’

21 means noncyclical work that is required to address

22 the physical deterioration and functional obsoles23 cence of a fish hatchery building, structure or other

24 facility component, or to repair damage resulting

25 from aging, natural phenomena and other causes, in-
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1 cluding work to repair, modify, or improve facility

2 components to enhance their original function, the

3 application of technological advances, and the re4 placement or acquisition of capital equipment, such

5 as, among others, fish distribution tanks, vehicles,

6 and standby generators.

7 (8) The term ‘‘forest land management activ8 ity’’ has the same meaning given to such term by

9 section 304(4) of the Indian Forest Resources Man10 agement Act (25 U.S.C. 3103(4)).

11 (9) The term ‘‘Indian’’ means a member of an

12 Indian tribe as defined in section 4 of the Indian

13 Self-Determination and Education Assistance Act

14 (25 U.S.C. 450b).

15 (10) The term ‘‘Indian fish and wildlife organi16 zation’’ means a tribal or multi-tribal commission,

17 authority, or other body for the purpose of rep18 resenting or coordinating tribal interests in pursuing

19 resource management or rights protection goals and

20 strategies.

21 (11) The term ‘‘Indian fish and wildlife re22 source’’ means any species of animal or plant life for

23 which Indians have a right to fish, hunt, trap or

24 gather for subsistence, ceremonial, recreational or

25 commercial purposes, or for which an Indian tribal
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1 government has management or co-management re2 sponsibilities.

3 (12) The term ‘‘Indian lands’’ means all lands

4 within the limits of any Indian reservation, public

5 domain Indian allotments, all other lands title to

6 which is either held in trust by the United States for

7 the benefit of any Indian tribe or individual or held

8 by any Indian tribe or individual subject to a restric9 tion by the United States against alienation, all de10 pendent Indian communities, and all land owned by

11 an Indian tribe, including land owned by an Alaska

12 Native village or an Alaska Native corporation.

13 (13) The term ‘‘Indian reservation’’ means res14 ervations established pursuant to treaties, Acts of

15 Congress or Executive orders, public domain Indian

16 allotments, and Indian lands in the State of Okla17 homa.

18 (14) The term ‘‘Indian tribe’’ means any Indian

19 tribe, band, nation, rancheria, pueblo, or other orga20 nized dependent Indian group or community which

21 is recognized as eligible for the special programs and

22 services provided by the United States to Indians be23 cause of their status as Indians.

24 (15) The term ‘‘integrated resource manage25 ment plan’’ means the plan developed pursuant to
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1 the process used by tribal governments to assess

2 available resources and to provide identified com3 prehensive management objectives that include qual4 ity of life, production goals and landscape descrip5 tions of all designated resources that may include,

6 but are not limited to, water, fish, wildlife, forestry,

7 agriculture, minerals, and recreation, as well as com8 munity and municipal resources, and may include

9 any previously-adopted tribal codes and plans related

10 to such resources.

11 (16) The term ‘‘regional resource management

12 areas’’ means those areas in which an Indian tribe

13 has a right to fish, hunt, gather or trap for subsist14 ence, ceremonial or commercial purposes, or in

15 which an Indian tribe has management or co-man16 agement responsibilities.

17 (17) The term ‘‘resource management activi18 ties’’ means all activities performed in managing In19 dian fish, wildlife, gathering, and related outdoor

20 recreation and resources; including, but not limited

21 to—

22 (A) implementation and enforcement of

23 tribal fish and wildlife codes, ordinances, and

24 regulations;
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1 (B) development of integrated resource

2 management plans for Indian lands or regional

3 resource management areas, surveys, or inven4 tories;

5 (C) population and life history investiga6 tions;

7 (D) harvest management and use studies;

8 (E) fish production and hatchery manage9 ment;

10 (F) judicial services;

11 (G) co-management activities with federal,

12 state, local or tribal governments or inter13 national agencies:

14 (H) public use management;

15 (I) information management;

16 (J) public relations and general adminis17 tration;

18 (K) mitigation for habitat loss; and

19 (L) rehabilitation, restoration and en20 hancement of fish and wildlife habitat.

21 The term ‘‘resource management activities’’

22 does not include forest land or agricultural manage23 ment activities.

24 (18) The term ‘‘Secretary’’ means the Secretary

25 of the Interior.
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1 (19) The term ‘‘tribal bison ranching dem2 onstration projects’’ means any activity undertaken

3 by an Indian tribe which relates to the production,

4 rearing, holding, management, or preservation of

5 bison, including training in bison ranching manage6 ment techniques.

7 (20) The term ‘‘tribal co-management’’ means

8 the sharing of decision-making and management re9 sponsibilities with one or more tribal governments in

10 local, regional, national and international fish and

11 wildlife resource management processes.

12 (21) The term ‘‘tribal organization’’ has the

13 meaning given to such term by section 4 of the In14 dian Self-Determination and Education Assistance

15 Act (25 U.S.C. 450b), including Indian fish and

16 wildlife organizations.

17 TITLE II—INDIAN FISH AND WILDLIFE

18 PROGRAMS

19 MANAGEMENT OF INDIAN FISH, WILDLIFE AND

20 GATHERING RESOURCES

21 SEC. 201. (a) MANAGEMENT OBJECTIVES.—Consist22 ent with the provisions of the Indian Self-Determination

23 and Education Assistance Act (25 U.S.C. 450b et seq.),

24 the Secretary shall support tribal administration of Indian
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1 fish and wildlife resource management activities to achieve

2 the following objectives:

3 (1) To carry out the government-to-government

4 relationship between Indian tribal governments and

5 the United States in the management of Indian fish

6 and wildlife resources.

7 (2) To protect Indian hunting, fishing, and

8 gathering rights guaranteed to Indian tribes by the

9 United States through treaty, statute, Executive

10 order, or court decree.

11 (3) To provide for the development and en12 hancement of the capacities of Indian tribal govern13 ments to manage Indian fish and wildlife resources.

14 (4) To protect, conserve and enhance Indian

15 fish and wildlife resources that are important to the

16 subsistence, cultural enrichment, and economic de17 velopment of Indian communities.

18 (5) To promote the development and use of In19 dian fish and wildlife resources for the maximum

20 benefit of Indian people, by managing Indian re21 sources in accordance with tribally-developed inte22 grated resource management plans which provide co23 ordination for the comprehensive management of all

24 natural resources.
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1 (6) To selectively develop and increase produc2 tion of certain fish and wildlife resources.

3 (7) To authorize and support tribal co-manage4 ment or cooperative activities in local, regional, na5 tional or international decision-making processes and

6 forums.

7 (8) To develop and increase production of fish,

8 wildlife and bison resources so as to better meet In9 dian subsistence, ceremonial, recreational and com10 mercial needs.

11 (b) MANAGEMENT PROGRAM.—(1) In order to

12 achieve the objectives set forth in subsection (a), the Sec13 retary, in full consultation with Indian tribes and tribal

14 organizations, shall establish the Indian Fish and Wildlife

15 Resource Management Program which shall be adminis16 tered consistent with the provisions of the Indian Self-De17 termination and Education Assistance Act (25 U.S.C. 450

18 et seq.).

19 (2) The Secretary shall promote tribal management

20 of Indian fish, wildlife, trapping and gathering resources,

21 and implementation of this Act, through contracts, cooper22 ative agreements, or grants under the Indian Self-Deter23 mination and Education Assistance Act (25 U.S.C. 450

24 et seq.), or other Federal laws.
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1 (3) The Secretary, upon the request of any Indian

2 tribe or tribal organization, shall enter into a contract, co3 operative agreement, or a grant under the Indian Self-De4 termination and Education Assistance Act, with the tribe

5 or tribal organization to plan, conduct, or administer any

6 program of the Department of the Interior, or portion

7 thereof which affects Indian fish and wildlife resources

8 and which is currently administered by the Secretary with9 out regard to the agency or office of the Department of

10 the Interior or the organizational level within the depart11 ment.

12 (4) The Secretary shall, upon the request of an In13 dian tribe or tribal organization, enter into a cooperative

14 agreement with the tribe or tribal organization on any

15 management issue affecting Indian fish and wildlife re16 sources.

17 (c) MANAGEMENT ACTIVITIES.—Indian fish and

18 wildlife resource management activities carried out under

19 the program established in subsection (b) may include, but

20 shall not be limited to—

21 (1) the development, implementation, and en22 forcement of tribal codes, ordinances, and regula23 tions;
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1 (2) the development and implementation of re2 source and management plans, surveys, and inven3 tories;

4 (3) the conduct of fish and wildlife population

5 and life history investigations, habitat investigations,

6 habitat restoration, harvest management, and use

7 studies;

8 (4) fish production and hatchery management;

9 (5) the development of tribal conservation pro10 grams, including employment and training of tribal

11 conservation enforcement officers; and

12 (6) participation in joint or cooperative man13 agement of fish and wildlife resources on a regional

14 basis with Federal, State, tribal, and local or inter15 national authorities.

16 (d) SURVEY AND REPORT.—

17 (1) The Secretary is authorized to enter into

18 contracts or provide grants to Indian tribes or tribal

19 organizations under the authority of the Indian Self20 Determination and Education Assistance Act (25

21 U.S.C. 450 et seq.) for the purpose of developing a

22 report to the Congress based on a survey of each In23 dian reservation that shall include, but not be lim24 ited to—
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1 (A) a review of existing tribal codes, ordi2 nances, and regulations governing the manage3 ment of fish and wildlife resources;

4 (B) an assessment of the need to update

5 and revise tribal codes, ordinances, and regula6 tions governing tribal fish and wildlife resource

7 protection and use;

8 (C) a determination and documentation of

9 the needs for tribal conservation officers, tribal

10 fisheries and wildlife biologists, and other pro11 fessionals to administer Indian fish and wildlife

12 resource management programs;

13 (D) an assessment of the need to provide

14 training to and develop curricula for Indian fish

15 and wildlife resource personnel, including tribal

16 conservation officers, which incorporate law en17 forcement, fish and wildlife conservation, identi18 fication and resource management principles

19 and techniques; and

20 (E) a determination and documentation of

21 the condition of Indian fish and wildlife re22 sources.

23 (2) Within one year of the date of enactment of

24 this Act, the Secretary shall submit to the Congress

25 a report which includes the results of the survey con-
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1 ducted under the authority of subsection (1) of this

2 section.

3 (e) INDIAN FISH AND WILDLIFE RESOURCE MAN4 AGEMENT PLANS.—

5 (1) To meet the management objectives set

6 forth in subsection (a), an Indian fish and wildlife

7 resource management plan shall be developed and

8 implemented as follows:

9 (A) Pursuant to a self-determination con10 tract or self governance compact under the In11 dian Self-Determination and Education Assist12 ance Act, an Indian tribe may develop or imple13 ment an Indian fish and wildlife management

14 plan. Subject to the provisions of subparagraph

15 (C), the tribe shall have broad discretion in de16 signing and carrying out the planning process.

17 (B) If a tribe elects not to contract the de18 velopment or implementation of a plan, the Sec19 retary shall develop or implement the plan in

20 close consultation with the affected tribe.

21 (C) Whether developed directly by the tribe

22 or by the Secretary, the plan shall—

23 (i) determine the condition of fish and

24 wildlife resources and habitat conditions,
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1 (ii) identify specific tribal fish and

2 wildlife resource goals and objectives,

3 (iii) establish management objectives

4 for the resources,

5 (iv) define critical values of the Indian

6 tribe and its members and provide identi7 fied comprehensive management objectives,

8 (v) be developed through public meet9 ings,

10 (vi) use the public meeting records,

11 existing survey documents, reports, and

12 other research from Federal agencies and

13 tribal community colleges, and

14 (vii) be completed within three years

15 of the initiation of activity to establish the

16 plan.

17 (2) Indian fish and wildlife management plans

18 developed and approved under this section shall gov19 ern the management and administration of Indian

20 fish and wildlife resources by the Bureau and the In21 dian tribal government.

22 (f) TRIBAL MANAGEMENT IN REGIONAL RESOURCE

23 MANAGEMENT AREAS.—

24 (1) REVIEW.—To achieve the objectives set

25 forth in section 201(a), and consistent with the pro-
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1 visions of the Indian Self-Determination and Edu2 cation Assistance Act, the Secretary shall review ex3 isting programs involving the management of multi4 jurisdictional fish, wildlife and gathering resources

5 in regional resource management areas, for the pur6 pose of determining the need for Indian representa7 tion, program adequacy and staffing needs to appro8 priately represent the interests of member tribes.

9 (2) REPORT.—Within one year of the date of

10 enactment of this Act, the Secretary shall submit a

11 report to the Congress based upon the review con12 ducted under subsection (1) of this section assessing

13 fish and wildlife program adequacy and staffing

14 needs, and the condition of fish and wildlife re15 sources in regional resource management areas.

16 (g) ASSISTANCE.—The Secretary is authorized to

17 provide financial and technical assistance to enable Indian

18 tribes to—

19 (1) update and revise tribal codes, ordinances,

20 and regulations governing tribal fish and wildlife re21 source protection and use;

22 (2) employ tribal conservation officers, tribal

23 fisheries and wildlife biologists, and other profes24 sionals to administer Indian fish and wildlife re25 source management programs; and
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1 (3) provide training for Indian fish and wildlife

2 resource personnel including tribal conservation offi3 cers under a curricula that incorporates law enforce4 ment, fish and wildlife conservation, identification

5 and resource management principles and techniques.

6 EDUCATION IN INDIAN FISH AND WILDLIFE RESOURCE

7 MANAGEMENT

8 SEC. 202. (a) SCHOLARSHIP PROGRAM.—

9 (1) The Secretary is authorized to grant fish

10 and wildlife management scholarships to Indians en11 rolled in accredited programs for post-secondary and

12 graduate fish and wildlife resource management-re13 lated fields of study as full-time students.

14 (2) A recipient of a fish and wildlife manage15 ment scholarship shall be required to enter into an

16 obligated service agreement in which the recipient

17 agrees to accept employment with an Indian tribe, a

18 tribal organization, with the Bureau of Indian Af19 fairs, or with the United States Fish and Wildlife

20 Service for one year for each year the recipient re21 ceived scholarship assistance following completion of

22 the recipient’s course of study.

23 (3) The Secretary shall not deny scholarship as24 sistance under this subsection solely on the basis of

25 an applicant’s scholastic achievement if the applicant

26 has been admitted to and remains in good standing
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1 in an accredited post-secondary or graduate institu2 tion.

3 (b) FISH AND WILDLIFE EDUCATION OUTREACH.—

4 The Secretary shall conduct, with the full and active par5 ticipation of Indian tribes, a fish and wildlife and gather6 ing resource education outreach program to explain and

7 stimulate interest in all aspects of Indian fish and wildlife

8 management and to generate interest in careers as fish9 eries or wildlife biologists or management.

10 (c) POSTGRADUATE RECRUITMENT.—The Secretary

11 shall establish and maintain a program to attract profes12 sional Indian fish or wildlife biologists who have graduated

13 from post-secondary or graduate schools for employment

14 by Indian tribes, tribal organizations, the Bureau of In15 dian Affairs, or the United States Fish and Wildlife Serv16 ice in exchange for the Secretary’s assumption of all or

17 a portion of the employee’s outstanding student loans, de18 pending upon the period of employment involved.

19 (d) FISH AND WILDLIFE BIOLOGIST INTERN PRO20 GRAM.—

21 (1) The Secretary shall, with the full and active

22 participation of Indian tribes, establish a Fish and

23 Wildlife Resources Intern Program for at least 20

24 Indian fish and wildlife intern positions. Such posi25 tions shall be in addition to the forester intern posi-
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1 tions authorized in section 314(a) of the National

2 Indian Forest Resources Management Act (25

3 U.S.C. 3113(a)). Individuals selected as interns shall

4 be enrolled full-time in approved post-secondary or

5 graduate schools in curricula leading to advanced de6 grees in fish or wildlife resource management-related

7 fields.

8 (2) The Secretary shall pay all costs for tuition,

9 books, fees and living expenses incurred by Indian

10 fish and wildlife interns while attending approved

11 study programs.

12 (3) An Indian fish and wildlife resource intern

13 shall be required to enter into an obligated service

14 agreement to serve in a professional fish or wildlife

15 management-related capacity with an Indian tribe or

16 tribal organization, or with the Bureau of Indian Af17 fairs, or with a United States Fish and Wildlife

18 Service program serving or benefitting Indian fish

19 and wildlife resources, for one year for each year of

20 education for which the Secretary pays the intern’s

21 educational costs under this subsection (2).

22 (4) An Indian fish and wildlife resource intern

23 shall be required to report for service to his or her

24 employing entity during any break in attendance at

25 school of more than 3 weeks duration. Time spent
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1 in such service shall be counted toward satisfaction

2 of the intern’s obligated service agreement.

3 (e) COOPERATIVE EDUCATION PROGRAM.—

4 (1) The Secretary shall maintain a cooperative

5 education program for the purpose of recruiting

6 promising Indian students who are enrolled in sec7 ondary schools, tribally controlled community col8 leges, and other post-secondary or graduate schools

9 for employment as professional fisheries or wildlife

10 biologists or other related professional positions with

11 an Indian tribe, tribal organization, the Bureau of

12 Indian Affairs, or with the United States Fish and

13 Wildlife Service serving or benefitting Indian lands.

14 (2) Under the program authorized in subsection

15 (1), the Secretary shall pay all costs for tuition,

16 books and fees of an Indian student who is enrolled

17 in a course of study at an educational institution

18 with which the Secretary has entered into a coopera19 tive agreement, and who is interested in a career

20 with an Indian tribe, tribal organization, the Bureau

21 of Indian Affairs, or with the United States Fish

22 and Wildlife Service serving or benefitting Indian

23 lands.
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1 (3) Financial need shall not be a requirement

2 to receive assistance under the program authorized

3 in subsection (1).

4 (4) A recipient of assistance under the program

5 authorized in subsection (1) shall be required to

6 enter into an obligated service agreement to serve as

7 a professional fish or wildlife biologist or other relat8 ed professional with an Indian tribe, tribal organiza9 tion, the Bureau of Indian Affairs, or the United

10 States Fish and Wildlife Service, for one year for

11 each year that the Secretary pays the recipient’s

12 education costs pursuant to paragraph (2).

13 (f) ADEQUACY OF PROGRAMS.—The Secretary shall

14 provide administrative oversight of the programs described

15 in this section until a sufficient number of personnel are

16 available to administer Indian fish and wildlife resource

17 management programs on Indian lands and resource man18 agement areas.

19 (g) OBLIGATED SERVICE; BREACH OF CONTRACT.—

20 (1) OBLIGATED SERVICE.—Where an individual

21 enters into an agreement for obligated service in re22 turn for financial assistance under any provision of

23 this section, the Secretary shall adopt such regula24 tions as are necessary to provide for an offer of em25 ployment to the recipient of such assistance as re-
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1 quired by such provision. Where an offer of employ2 ment is not reasonably made, the regulations shall

3 provide that such service shall no longer be required.

4 (2) BREACH OF CONTRACT.—Where an individ5 ual fails to accept a reasonable offer of employment

6 in fulfillment of such obligated service or unreason7 ably terminates or fails to perform the duties of such

8 employment, the Secretary shall require a repayment

9 of the financial assistance provided, pro rated for

10 the amount of time of obligated service that was per11 formed, together with interest on such amount which

12 would be payable if at the time the amounts were

13 paid they were loans bearing interest at the maxi14 mum legal prevailing rate, as determined by the Sec15 retary of the Treasury.

16 INDIAN FISH HATCHERY ASSISTANCE PROGRAM

17 SEC. 203. (a) PROGRAM.—The Secretary, with full

18 and active participation of Indian tribes, shall establish

19 and administer an Indian Fish Hatchery Assistance Pro20 gram to produce and distribute fish of the species, strain,

21 number, size and quality to assist Indian tribes to develop

22 tribal hatcheries and enhance fisheries resources on Indian

23 lands to meet resource needs, including but not limited

24 to, Indian subsistence, ceremonial and commercial fish25 eries needs.
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1 (b) REPORT.—Within one year of the date of enact2 ment of this Act, the Secretary, with the full and active

3 participation of Indian tribes, shall submit a report to the

4 Congress identifying the facilities which comprise the In5 dian Fish Hatchery Program, the maintenance, rehabilita6 tion, and construction needs of such facilities, and provid7 ing a plan for their administration and cost-effective oper8 ation.

9 (c) FISH HATCHERY MAINTENANCE AND REHABILI10 TATION.—Within one year of the date of the enactment

11 of this Act, the Secretary, with the full and active partici12 pation of Indian tribes, shall submit a report to the Con13 gress identifying maintenance and rehabilitation needs of

14 the facilities that comprise the Indian Fish Hatchery As15 sistance Program, identifying criteria and procedures to

16 be used in evaluating and ranking fish hatchery mainte17 nance and rehabilitation project proposals submitted by

18 Indian tribes.

19 (d) CONTRACTING.—Upon the request of any Indian

20 tribe, the Secretary shall enter into a contract or annual

21 funding agreement with the tribe pursuant to an Indian

22 Self-Determination Education and Assistance Act con23 tract, cooperative agreement, or grant, to plan, conduct

24 and administer the Indian Fish Hatchery Assistance Pro25 gram, or portions thereof.
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1 (e) FISH HATCHERY OPERATING AGREEMENTS.—

2 For hatcheries defined under section 103(5)(B), within

3 one year of the date of the enactment of this Act, the enti4 ties owning or operating such hatcheries shall enter into

5 agreements with the Secretary and the affected Indian

6 tribes specifying the manner in which each hatchery facil7 ity shall be operated so as to mitigate or recover Indian

8 fish resources subject to treaty fishing rights.

9 TITLE III—INDIAN BISON CONSERVATION AND

10 MANAGEMENT

11 INDIAN BISON CONSERVATION PROGRAM

12 SEC. 301. (a) The Secretary is authorized to enter

13 into contracts with or make grants to Indian tribes and

14 tribal organizations to develop and maintain an Indian

15 Bison Conservation Program to meet tribal subsistence,

16 ceremonial, commercial, and resource needs.

17 (b) A program established under the authority of this

18 section shall provide for the preservation, restoration, pro19 duction, care and management of bison.

20 (c) Funds provided under this section may be used

21 to—

22 (1) develop and implement bison management

23 plans, surveys, and inventories;

24 (2) conduct research on bison populations and

25 habitat;
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1 (3) undertake habitat restoration; and

2 (4) develop range ecology and conservation pro3 grams.

4 INDIAN BISON RANCHING DEMONSTRATION PROJECTS

5 SEC. 302. (a) The Secretary, with the full and active

6 participation of Indian tribes, shall establish Indian Bison

7 Ranching Demonstration Projects to support Indian tribes

8 in their initiation, management, and maintenance of bison

9 ranching operations to meet tribal subsistence, ceremonial,

10 commercial, and resource needs.

11 (b) Within 24 months of the date of enactment of

12 this Act, the Secretary, with the full and active participa13 tion of Indian tribes, shall submit a report to the Congress

14 assessing the effectiveness of the Indian Bison Ranching

15 Demonstration Projects.

16 (c) Within 18 months of the date of enactment of

17 this Act, the Secretary shall, with the full and active par18 ticipation of Indian tribes, submit a report to the Congress

19 identifying criteria and procedures to be used in evaluat20 ing and ranking bison ranching operation maintenance

21 and rehabilitation project proposals submitted by Indian

22 tribes.

23 TITLE IV—NATIVE HAWAIIAN COMMUNITY24 BASED FISHERIES DEMONSTRATION PROJECTS

25 FINDINGS

26 SEC. 401. The Congress finds that—
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1 (1) Native Hawaiians comprise a distinct and

2 unique indigenous people with a historical continuity

3 to the original inhabitants of the Hawaiian archipel4 ago whose society was organized as a nation prior to

5 1893;

6 (2) at the time of the arrival of the first non7 indigenous people in 1778, the Native Hawaiian peo8 ple lived in a highly-organized, self-sufficient, sub9 sistence society based on a communal land tenure

10 system with a sophisticated language, culture, and

11 religion;

12 (3) as inhabitants of an archipelago, the Native

13 Hawaiian people have, since time immemorial, relied

14 on their surrounding fishery resources for basic sub15 sistence, economic, social, cultural, and spiritual sus16 tenance;

17 (4) the protection and preservation of Native

18 Hawaiian traditional fisheries practices including the

19 management and conservation of fisheries resources,

20 and enforcement of conservation measures, and the

21 adaption of such traditional practices consistent with

22 modern management and conservation principles,

23 are vital to the well-being of the Native Hawaiian

24 people;
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1 (5) Native Hawaiians have distinct rights rec2 ognized by federal law as beneficiaries of the Hawai3 ian Homes Commission Act of 1920 (42 Stat. 108)

4 and of the Act entitled ‘‘An Act to provide for the

5 admission of the State of Hawaii into the Union’’,

6 approved March 18, 1959 (73 Stat. 4);

7 (6) the United States trust responsibility for

8 the lands set aside for the benefit of Native Hawai9 ians has never been extinguished; and

10 (7) the Federal policy of self-determination and

11 self-governance is recognized to extend to all Native

12 Americans, including Native Hawaiians.

13 PURPOSES

14 SEC. 402. The purposes of this title are—

15 (1) to support and reaffirm Native Hawaiian

16 self-determination for the management, conserva17 tion, enforcement, and economic enhancement of tra18 ditional Native Hawaiian fisheries;

19 (2) to reaffirm and protect Native Hawaiian

20 fishing rights, and to provide for the planning, man21 agement, conservation, enhancement, orderly devel22 opment and wise use of the resources upon which

23 the meaningful exercise of such rights depends;

24 (3) to encourage communications and coopera25 tive agreements between State, Federal, and Native
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1 Hawaiian entities responsible for multi-jurisdictional

2 fish resource decision-making; and

3 (4) to authorize and establish Native Hawaiian

4 community-based fisheries demonstration projects.

5 DEFINITIONS

6 SEC. 403. For purposes of this title:

7 (1) The term ‘‘fishery’’ means the harvest and

8 use of one or more stocks of marine fish found in

9 the waters surrounding the area that now comprises

10 the State of Hawaii.

11 (2) The term ‘‘Native Hawaiian’’ means any in12 dividual who is a descendant of the aboriginal Poly13 nesian people who, prior to 1778, occupied and exer14 cised sovereignty and self-determination in the area

15 that now comprises the State of Hawaii.

16 (3) The term ‘‘Native Hawaiian community17 based entity’’ means any entity or organization

18 which is composed primarily of Native Hawaiian

19 members from a specific community, which assists in

20 the social, cultural and economic development of the

21 Native Hawaiians in that community, and whose

22 stated purpose includes the protection and preserva23 tion of Native Hawaiian traditional fisheries prac24 tices.

25 (4) The term ‘‘Western Pacific Fishery Man26 agement Council’’ means the regional Council estab-
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1 lished by section 302 of the Magnuson Fishery Con2 servation and Management Act with authority over

3 the fisheries in the Federal waters of the Exclusive

4 Economic Zone surrounding American Samoa,

5 Guam, the State of Hawaii and the Commonwealth

6 of the Northern Mariana Islands.

7 (5) Unless otherwise indicated, all other defini8 tions contained in section 103 shall apply to this

9 title.

10 NATIVE HAWAIIAN COMMUNITY-BASED FISHERIES

11 DEMONSTRATION PROJECTS

12 SEC. 404. (a) DEMONSTRATION PROJECTS AUTHOR13 ITY.—The Secretary shall make a direct grant to the

14 Western Pacific Fishery Management Council (‘‘Council’’)

15 in order that the Council may provide funding to Native

16 Hawaiian community-based entities for the purpose of es17 tablishing at least three, but not more than five, dem18 onstration projects to foster and promote the self-deter19 mination of Native Hawaiian communities over the man20 agement, conservation, enforcement and economic en21 hancement of Native Hawaiian fisheries.

22 (b) DUTIES AND RESPONSIBILITIES OF WESTERN

23 PACIFIC FISHERY MANAGEMENT COUNCIL.—The West24 ern Pacific Fishery Management Council shall—

25 (1) award, administer, and exercise oversight

26 responsibility over the grants authorized under this
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1 title to qualified Native Hawaiian community-based

2 entities; and

3 (2) submit an annual report to the Congress as4 sessing the status and progress of the demonstration

5 projects, including any obstacles experienced by the

6 demonstration projects which have impeded the pur7 poses of this title.

8 (c) USE OF FUNDS.—Demonstration projects funded

9 under this section shall foster and promote the self-deter10 mination of Native Hawaiian communities over the man11 agement, conservation, enforcement and economic en12 hancement of Native Hawaiian fisheries, and may include,

13 but not be limited to—

14 (1) the identification and application of tradi15 tional Native Hawaiian fishery management prac16 tices on a community-wide basis;

17 (2) the planning, development and application

18 of community-based enforcement plans in order to

19 protect and conserve off-shore and ocean resources,

20 and to enforce existing applicable State and Federal

21 laws, in cooperation with State and Federal entities;

22 (3) the development of community-based eco23 nomic enhancement fishery projects; and

24 (4) research, community education, and mate25 rials, including equipment, necessary to accomplish
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1 the purposes of the demonstration projects under

2 this title.

3 (d) ADMINISTRATIVE COSTS.—No more than 7 per4 cent of the funds appropriated to carry out the provisions

5 of this title for any fiscal year may be used for administra6 tive purposes by the Western Pacific Fishery Management

7 Council.

8 (e) TECHNICAL ASSISTANCE.—In order to carry out

9 the purposes of this title, State and Federal agencies, in10 cluding the Western Pacific Fishery Management Council,

11 are authorized to assist the Native Hawaiian community12 based demonstration projects in meeting their technical

13 assistance and management needs, as determined by the

14 affected Native Hawaiian communities.

15 TITLE V—AUTHORIZATION OF

16 APPROPRIATIONS

17 There are authorized to be appropriated such sums

18 as may be necessary to carry out the purposes of this Act.

19 TITLE VI—MISCELLANEOUS PROVISIONS

20 REGULATIONS

21 SEC. 601. Except as otherwise provided by this Act,

22 the Secretary shall promulgate final regulations for the

23 implementation of this Act within 18 months following the

24 date of the enactment of this Act. All regulations promul25 gated pursuant to this Act shall be developed by the Sec-
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1 retary with the full and active participation of the Indian

2 tribes.

3 SEVERABILITY

4 SEC. 602. If any provision of this Act, or the applica5 tion of any provision of this Act to any person or cir6 cumstance, is held invalid, the application of such provi7 sion or circumstance and the remainder of this Act shall

8 not be affected thereby.

9 TRUST RESPONSIBILITY

10 SEC. 603. (a) In any departmental action which af11 fects Indian fish and wildlife resources, the Secretary shall

12 fully consult with and seek the participation of Indian

13 tribes in a manner consistent with the Federal trust re14 sponsibility and the government-to-government relation15 ship between Indian tribes and the Federal Government.

16 (b) Nothing in this Act shall be construed to diminish

17 or expand the trust responsibility of the United States for

18 Indian natural resources, or any legal obligation or remedy

19 resulting therefrom.

20 TREATY OBLIGATIONS

21 SEC. 604. Nothing in this Act shall be construed to

22 diminish or adversely affect the rights of Indian tribes es23 tablished in existing Indian treaties or other Federal laws

24 or court decrees.
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 dian Fish and Wildlife Resources Management Act of

4 1994’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—GENERAL PROVISIONS

Sec. 101. Findings.

Sec. 102. Purposes.

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 System.

Sec. 204. Hunting, trapping, or fishing on Indian land.

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 Demonstration Projects.

Sec. 405. Establishment of a panel review process.

Sec. 406. Duties and responsibilities of the Council.

Sec. 407. Use of funds.

Sec. 408. Administrative costs.

Sec. 409. Technical assistance.

TITLE V—AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Regulations.

Sec. 602. Trust responsibility.

Sec. 603. Treaty obligations.

Sec. 604. Statutory construction; applicability.
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1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 Congress finds the following:

4 (1) The United States and Indian tribes have a

5 government-to-government relationship.

6 (2) The United States has a trust responsibility,

7 which extends to all departments and agencies of the

8 Federal Government, to protect, conserve, and assist

9 Indian tribal governments in the management of In10 dian fish, wildlife, and gathering resources in a man11 ner consistent with—

12 (A) applicable Federal conservation laws;

13 and

14 (B) the treaty and other rights of Indian

15 tribes arising under statutes, Executive orders,

16 and Federal judicial decrees.

17 (3) Indian tribal governments—

18 (A) manage fish and wildlife resources,

19 often in cooperation with other tribal govern20 ments, and Federal, State, and foreign govern21 ments; and

22 (B) often share management responsibilities

23 for fish and wildlife resources as a function of

24 treaties, statutes, and judicial decrees.
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1 (4) Comprehensive and improved management of

2 Indian fish and wildlife resources will yield greater

3 economic returns, enhance the conservation of fish

4 and wildlife resources, enhance Indian self-determina5 tion, strengthen tribal self-governance, promote em6 ployment opportunities, and improve the social, cul7 tural, and economic well-being of Indian communities

8 and neighboring communities.

9 (5) The United States provides assistance to In10 dian tribes to—

11 (A) achieve integrated resource manage12 ment;

13 (B) regulate the exercise of hunting, fishing,

14 trapping, and gathering rights;

15 (C) protect and conserve populations and

16 habitats upon which the meaningful exercise of

17 Indian rights depend; and

18 (D) operate and maintain fish hatcheries

19 and other facilities and structures required for

20 the prudent management, enhancement, and

21 mitigation of fish and wildlife resources.

22 SEC. 102. PURPOSES.

23 The purposes of this Act are as follows:

24 (1) To reaffirm and protect Indian hunting,

25 fishing, trapping, and gathering rights, and contrib-
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1 ute to the conservation, prudent management, protec2 tion, orderly development, and use of the resources

3 upon which the meaningful exercise of Indian rights

4 depend.

5 (2) To—

6 (A) enhance and maximize tribal capability

7 and flexibility in managing Indian fish and

8 wildlife resources for the continuing benefit of

9 Indian people, and

10 (B) better enable Indian tribal governments

11 to cooperate with States and other governments

12 in managing shared fish and wildlife resources

13 for the benefit of the Nation,

14 in a manner consistent with the exercise of Indian

15 hunting, fishing, trapping, and gathering rights and

16 the trust responsibility of the United States to honor

17 Indian treaty rights and protect Indian resources.

18 (3) To support the Federal policy of Indian self19 determination and tribal self-governance by authoriz20 ing and encouraging government-to-government rela21 tions, comanagement, and cooperative agreements

22 among Federal, State, local, and Indian tribal gov23 ernments, as well as international agencies and com24 missions responsible for multijurisdictional fish and

25 wildlife resource decisionmaking.
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1 (4) To—

2 (A) authorize and establish Indian bison

3 ranching demonstration projects that may be ad4 ministered by Indian tribal governments pursu5 ant to the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 450 et seq.) to

7 meet tribal bison ranching and management

8 needs; and

9 (B) train Indian people in the use of such

10 techniques.

11 (5) To authorize and establish an Indian Fish

12 Hatchery Assistance Program that may be adminis13 tered by Indian tribal governments pursuant to the

14 Indian Self-Determination and Education Assistance

15 Act (25 U.S.C. 450 et seq.) to meet Indian hatchery

16 needs and fulfill tribal management and

17 comanagement responsibilities.

18 (6) To authorize and establish an Indian Fish

19 and Wildlife Resource Management Education Assist20 ance Program to promote and develop full tribal tech21 nical capability and competence in managing fish

22 and wildlife resource programs.

23 SEC. 103. DEFINITIONS.

24 As used in this Act:
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1 (1) ALASKA NATIVE.—The term ‘‘Alaska Native’’

2 has the meaning given the term ‘‘Native’’ in section

3 3(b) of the Alaska Native Claims Settlement Act (43

4 U.S.C. 1602(b)).

5 (2) BUREAU.—The term ‘‘Bureau’’ means the

6 Bureau of Indian Affairs of the Department of the In7 terior.

8 (3) COMANAGEMENT.—The term

9 ‘‘comanagement’’ means voluntary cooperative deci10 sionmaking and management between an Indian trib11 al government and the Federal Government or the

12 government of a State, a regional governmental en13 tity, or a foreign government (or any combination

14 thereof) in carrying out fish and wildlife resource

15 management activities or processes.

16 (4) COOPERATIVE AGREEMENT.—The term ‘‘co17 operative agreement’’ means a written agreement en18 tered into voluntarily by two or more parties to agree

19 to work together to actively protect, conserve, restore,

20 or otherwise manage fish and wildlife resources.

21 (5) DEPARTMENT.—The term ‘‘Department’’

22 means the Department of the Interior.

23 (6) FEDERAL AGENCY.—The term ‘‘Federal agen24 cy’’ has the meaning given the term ‘‘agency’’ in sec25 tion 551 of title 5, United States Code.
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1 (7) FISH AND WILDLIFE MANAGEMENT ACTIVI2 TIES.—The term ‘‘fish and wildlife resource manage3 ment activities’’ means activities performed by an In4 dian tribe or Indian tribal organization in managing

5 Indian fish, wildlife, gathering, and related outdoor

6 recreation resources, including—

7 (A) the implementation and enforcement of

8 tribal fish and wildlife codes, ordinances, and

9 regulations;

10 (B) the development of integrated resource

11 management plans for Indian natural resources;

12 (C) population and life history investiga13 tions;

14 (D) harvest management and use studies;

15 (E) fish production and hatchery manage16 ment;

17 (F) judicial services;

18 (G) comanagement or other cooperative ac19 tivities with Federal, State, local, or Indian trib20 al governments, or international agencies;

21 (H) public use management;

22 (I) information management;

23 (J) public relations and general adminis24 tration;

25 (K) mitigation for habitat loss; and
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1 (L) the rehabilitation, restoration, and en2 hancement of fish and wildlife habitat.

3 (8) FISH HATCHERY MAINTENANCE.—The term

4 ‘‘fish hatchery maintenance’’ means work that is re5 quired at periodic intervals to prolong the life of a

6 fish hatchery and its components and associated

7 equipment, and to prevent the need for premature re8 placement or repair.

9 (9) FISH HATCHERY REHABILITATION.—The

10 term ‘‘fish hatchery rehabilitation’’ means noncyclical

11 work that is required to address the physical deterio12 ration and functional obsolescence of a fish hatchery

13 building, structure, or other facility component or to

14 repair damage resulting from aging, natural phenom15 ena, and other causes. Such term includes work to re16 pair, modify, or improve facility components to en17 hance the original function of the components, the ap18 plication of technological advances, and the replace19 ment or acquisition of capital equipment, such as fish

20 distribution tanks, vehicles, and standby generators.

21 (10) INDIAN.—The term ‘‘Indian’’ means a

22 member of an Indian tribe (as defined in section 4(e)

23 of the Indian Self-Determination and Education As24 sistance Act (25 U.S.C. 450b(e)).
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1 (11) INDIAN BISON RANCHING DEMONSTRATION

2 PROJECT.—The term ‘‘Indian Bison Ranching Dem3 onstration Project’’ means a demonstration project

4 conducted pursuant to section 302 that relates to the

5 production, rearing, holding, management, or preser6 vation of bison, including training in bison ranching

7 management techniques, including training in bison

8 management techniques.

9 (12) INDIAN FISH AND WILDLIFE RESOURCES.—

10 The term ‘‘Indian fish and wildlife resource’’ means

11 any animal or plant life with respect to which—

12 (A) an Indian tribe has a right to fish,

13 hunt, trap, or gather for subsistence, ceremonial,

14 recreational, or commercial purposes; and

15 (B) a determination has been made that an

16 Indian tribal government has management or

17 comanagement responsibilities.

18 (13) INDIAN FISH HATCHERY.—The term ‘‘In19 dian fish hatchery’’ means any single-purpose or mul20 tipurpose facility owned or operated by an Indian

21 tribe or the Bureau of Indian Affairs that is engaged

22 in the spawning, hatching, rearing, holding, caring

23 for, or stocking of fish. Such term includes related re24 search and diagnostic fish health facilities and any

25 other Federal fish hatchery facility, the operation of
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1 which is contractible by Indian tribes pursuant to the

2 Indian Self-Determination and Education Assistance

3 Act (25 U.S.C. 450 et seq.).

4 (14) INDIAN TRIBAL GOVERNMENT.—The term

5 ‘‘Indian tribal government’’ means the government of

6 an Indian tribe.

7 (15) INDIAN TRIBE.—The term ‘‘Indian tribe’’

8 means any Indian tribe, band, nation, rancheria,

9 pueblo, or other organized dependent Indian group or

10 community that is recognized as eligible for the spe11 cial programs and services provided by the United

12 States to Indians because of their status as Indians,

13 except that such term does not include Alaska Native

14 villages (as defined in section 3(c) of the Alaska Na15 tive Claims Settlement Act (43 U.S.C. 1602(c)) that

16 are not located within the limits of an Indian res17 ervation.

18 (16) INSTITUTION OF HIGHER EDUCATION.—The

19 term ‘‘institution of higher education’’ has the mean20 ing given such term in section 1201(a) of the Higher

21 Education Act of 1965 (20 U.S.C. 1141(a)).

22 (17) INTEGRATED RESOURCE MANAGEMENT

23 PLAN.—The term ‘‘integrated resource management

24 plan’’ means a plan that—
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1 (A) is developed pursuant to the process

2 used by Indian tribal governments to assess

3 available resources and provide identified com4 prehensive management objectives that include

5 quality of life, production goals, and landscape

6 descriptions of all designated resources that may

7 include water, fish, wildlife, forestry, agriculture,

8 minerals, and recreation, and community and

9 municipal resources; and

10 (B) may include any previously adopted

11 tribal codes and plans related to the resources re12 ferred to in subparagraph (A).

13 (18) NATIVE VILLAGE.—The term ‘‘Native vil14 lage’’ has the meaning given the term under section

15 3(c) of the Alaska Native Claims Settlement Act (43

16 U.S.C. 1602(c)).

17 (19) PROGRAM.—The term ‘‘Program’’ means the

18 Indian Fish and Wildlife Resource Management Pro19 gram established under section 201(b).

20 (20) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 (21) TRIBAL ORGANIZATION.—The term ‘‘tribal

23 organization’’ has the meaning given such term in

24 section 4(l) of the Indian Self-Determination and
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1 Education Assistance Act (25 U.S.C. 450b(l)), and

2 includes tribal fish and wildlife organizations.

3 TITLE II—INDIAN FISH AND

4 WILDLIFE PROGRAMS

5 SEC. 201. MANAGEMENT OF INDIAN FISH, WILDLIFE, AND

6 GATHERING RESOURCES.

7 (a) MANAGEMENT OBJECTIVES.—In a manner consist8 ent with the Indian Self-Determination and Education As9 sistance Act (25 U.S.C. 450 et seq.), the Secretary shall sup10 port tribal administration of Indian fish and wildlife re11 source management activities to achieve the following objec12 tives:

13 (1) To carry out the government-to-government

14 relationship between Indian tribal governments and

15 the United States in the management of Indian fish

16 and wildlife resources.

17 (2) To protect Indian hunting, fishing, and gath18 ering rights guaranteed to Indian tribes by the

19 United States through any applicable treaty, statute,

20 Executive order, or Federal court decree.

21 (3) To provide for the development and enhance22 ment of the capacities of Indian tribal governments to

23 manage Indian fish and wildlife resources.

24 (4) To protect and conserve Indian fish and

25 wildlife resources and associated habitats that are im-
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1 portant to the subsistence, cultural enrichment, and

2 economic development of Indian communities.

3 (5) To promote the development and use of In4 dian fish and wildlife resources for the benefit of In5 dian people by managing Indian resources in accord6 ance with tribally developed and approved integrated

7 resource management plans or other resource manage8 ment plans to provide coordination for the com9 prehensive management of natural resources.

10 (6) To support tribal comanagement or other co11 operative activities in local, regional, national, or

12 international decisionmaking processes and forums.

13 (7) To develop and increase production of fish,

14 wildlife, and bison resources required to meet Indian

15 subsistence, ceremonial, recreational, and commercial

16 needs.

17 (b) MANAGEMENT PROGRAM.—

18 (1) IN GENERAL.—To achieve the objectives iden19 tified in subsection (a), the Secretary, in full con20 sultation with Indian tribes and tribal organizations,

21 shall establish, within the Bureau, an Indian Fish

22 and Wildlife Resource Management Program. The

23 Secretary shall administer the Program in a man24 ner—
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1 (A) consistent with the Indian Self-Deter2 mination and Education Assistance Act (25

3 U.S.C. 450 et seq.); and

4 (B) that maximizes the transfers of finan5 cial resources to fish and wildlife management

6 programs administered by Indian tribes and

7 tribal organizations.

8 (2) PROMOTION OF TRIBAL MANAGEMENT.—The

9 Secretary shall promote tribal management of Indian

10 fish and wildlife resources and the implementation of

11 this Act, through contracts, cooperative agreements, or

12 grants made under the Indian Self-Determination

13 and Education Assistance Act (25 U.S.C. 450 et seq.)

14 or other Federal laws.

15 (3) SELF-GOVERNANCE.—(A) Upon the request of

16 any Indian tribe or tribal organization, the Secretary

17 shall enter into a self-governance contract, compact,

18 or cooperative agreement under the Indian Self-Deter19 mination and Education Assistance Act (25 U.S.C.

20 450 et seq.) or make a grant under such Act to permit

21 such tribe or tribal organization to plan, conduct, or

22 administer any program, operation, facility—

23 (i) that is under the jurisdiction of the De24 partment of the Interior, or agency or office of

25 the Department;
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1 (ii) with respect to which the function is to

2 provide technical fish and wildlife assistance to

3 Indian tribes or otherwise serve the fish and

4 wildlife resource needs of Indian tribes; and

5 (iii) that is administered by the Secretary

6 at the time the contract, compact, or cooperative

7 agreement is executed, or grant is made.

8 (B) The authority to conduct the activities cov9 ered under a self-governance contract, compact, or co10 operative agreement executed by an Indian tribe or

11 tribal organization under subparagraph (A) or grant

12 made pursuant to such subparagraph shall, notwith13 standing any other provision of law, be transferred to

14 the tribe or tribal organization without regard to the

15 jurisdiction of the agency or office of the Department

16 of the Interior or any other organizational level with17 in the Department.

18 (C) If the Secretary transfers program duties

19 and responsibilities to an Indian tribe or tribal orga20 nization, the Secretary shall transfer to the tribe or

21 tribal organization the funds made available to the

22 Secretary to carry out the activities.

23 (4) ALLEVIATION OF ADVERSE IMPACTS.—Upon

24 the request of an Indian tribe or tribal organization,

25 the Secretary shall review any program, operation, or
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1 facility administered within the Department of the

2 Interior, without regard to the agency or office of the

3 Department, or any other organizational level within

4 the Department, asserted to have an adverse impact

5 on Indian fish and wildlife resources or the exercise

6 of Indian hunting, fishing, or gathering rights and

7 shall report the findings of the review to such tribe or

8 tribal organization not later than 120 days after the

9 date the tribe or tribal organization makes such re10 quest. The Secretary shall, in a manner consistent

11 with Federal conservation laws, take all appropriate

12 actions to alleviate all reported adverse impacts de13 scribed in the preceding sentence.

14 (5) CONSULTATIONS.—(A) Consultations, includ15 ing reviews conducted pursuant to this Act and the

16 sharing or provision of technical information, legal

17 views and policy positions, between a representative

18 of the Federal Government and a representative of one

19 or more Indian tribes or tribal fish and wildlife orga20 nizations regarding Indian fish and wildlife resources

21 or the exercise of Indian hunting, fishing, or gather22 ing rights may be conducted without regard to the

23 Federal Advisory Committee Act (5 U.S.C. App.).

24 (B) It is the sense of Congress that consultations

25 described in subparagraph (A) should be encouraged.
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1 (c) MANAGEMENT ACTIVITIES.—Indian fish and wild2 life resource management activities carried out under the

3 Program may include—

4 (1) the development, implementation, and en5 forcement of tribal codes, ordinances, and regulations;

6 (2) the development and implementation of re7 source management plans, surveys, and inventories;

8 (3) the conducting of fish and wildlife popu9 lation and life history investigations, habitat inves10 tigations, habitat restoration, harvest management,

11 and resource use studies;

12 (4) fish production and hatchery management;

13 (5) the development of tribal conservation pro14 grams, including employment and training of tribal

15 conservation enforcement officers; and

16 (6) participation in comanagement and coopera17 tive activities relating to fish and wildlife resources

18 with the Federal Government or any State, local, or

19 foreign government (or any combination thereof).

20 (d) NEEDS ASSESSMENT OF INDIAN FISH AND WILD21 LIFE MANAGEMENT PROGRAMS.—

22 (1) ASSESSMENT.—Not later than 180 days after

23 the date of enactment of this Act, the Secretary, in

24 consultation with affected Indian tribes and tribal or25 ganizations, shall enter into a contract with a non-
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1 Federal entity knowledgeable in fish and wildlife re2 source management activities carried out by Federal

3 agencies or instrumentalities to conduct an independ4 ent needs assessment of Indian fish and wildlife re5 source management programs.

6 (2) SCOPE.—The assessment conducted under

7 this subsection shall be national in scope and shall

8 provide a comprehensive assessment of the funding

9 and development needs for all Indian fish and wild10 life resource management programs. The assessment

11 shall contain an analysis of the Federal investment

12 and management efforts for Indian fish and wildlife

13 resources as compared to federally assisted non-In14 dian fish and wildlife resource management and de15 velopment programs.

16 (3) CONTENT.—The assessment conducted under

17 this subsection shall include—

18 (A) a review of the tribal codes, ordinances,

19 and regulations in existence on the date of enact20 ment of this Act governing the management of

21 fish and wildlife resources;

22 (B) an assessment of the need to update and

23 revise such tribal codes, ordinances, and regula24 tions;
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1 (C) a determination and documentation of

2 the need for tribal conservation officers, tribal

3 fisheries and wildlife biologists, and other profes4 sionals to administer Indian fish, wildlife re5 source management, and outdoor recreation pro6 grams;

7 (D) an assessment of the need to provide

8 training to, and develop curricula for, Indian

9 fish and wildlife resource management personnel;

10 (E) a determination and documentation of

11 the condition of Indian fish and wildlife re12 sources; and

13 (F) an identification of any obstacles to In14 dian access to Federal or private programs relat15 ing to fish and wildlife resource management

16 programs generally available to the general pub17 lic.

18 (4) IMPLEMENTATION.—

19 (A) STATUS REPORT.—Not later than 1

20 year after the date of enactment of this Act, the

21 Secretary shall submit to the Committee on In22 dian Affairs of the Senate and the Subcommittee

23 on Native American Affairs of the Committee on

24 Natural Resources of the House of Representa-
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1 tives a status report on the development of the

2 assessment conducted pursuant to this subsection.

3 (B) FINAL REPORT.—Not later than 2 years

4 after the date of enactment of this Act, the Sec5 retary shall submit to the Committee on Indian

6 Affairs of the Senate and the Subcommittee on

7 Native American Affairs of the Committee on

8 Natural Resources of the House of Representa9 tives a final report on the assessment conducted

10 pursuant to this subsection.

11 (e) INDIAN FISH AND WILDLIFE RESOURCE MANAGE12 MENT PLANS.—

13 (1) IN GENERAL.—To meet the management ob14 jectives identified in subsection (a), an Indian fish

15 and wildlife resource management plan (referred to in

16 this subsection as a ‘‘plan’’) may be developed and

17 implemented for each Indian tribe with Indian fish

18 and wildlife resources, and in coordination with other

19 resource management plans, as follows:

20 (A) Pursuant to a self-determination con21 tract grant or self-governance compact under the

22 Indian Self-Determination and Education As23 sistance Act (25 U.S.C. 450 et seq.), an Indian

24 tribe or tribal organization represented by the

25 tribe may develop or implement an Indian fish
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1 and wildlife management plan. Subject to sub2 paragraph (C), the Indian tribe shall have broad

3 discretion in designing and carrying out the

4 planning process.

5 (B) If an Indian tribe or tribal organiza6 tion represented by the tribe elects not to con7 tract the development or implementation of a

8 plan, the Secretary shall, if requested by the

9 tribe, develop or implement the plan in close con10 sultation with the affected tribe or tribal organi11 zation.

12 (C) Whether developed directly by an In13 dian tribe or by the Secretary, at the request of

14 an Indian tribe, a plan shall—

15 (i) determine the condition of fish and

16 wildlife resources and habitat conditions;

17 (ii) identify specific tribal fish and

18 wildlife resource goals and objectives;

19 (iii) establish management objectives

20 for the resources;

21 (iv) define critical values of the Indian

22 tribe and its members and provide identi23 fied comprehensive management objectives;
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1 (v) use existing survey documents, re2 ports, and other research from Federal

3 agencies and tribal community colleges;

4 (vi) comply with applicable Federal

5 law; and

6 (vii) be completed not later than 3

7 years after the initiation of activity to es8 tablish the plan.

9 (2) EFFECT OF PLAN.—Each Indian fish and

10 wildlife resource management plan developed by the

11 Secretary, an Indian tribal government, or an Indian

12 tribal organization and approved by the appropriate

13 Indian tribal government under this section shall gov14 ern the management and administration of Indian

15 fish and wildlife resources by the United States and

16 the Indian tribal government that is the subject of the

17 plan in a manner consistent with existing law relat18 ing to Federal, State, or tribal authority over Indian

19 fish and wildlife resources.

20 (f) ASSISTANCE.—Pursuant to a self-determination

21 contract, self-governance compact, or grant entered into or

22 made under the Indian Self-Determination and Education

23 Assistance Act (25 U.S.C. 450 et seq.), the Secretary may

24 provide financial and technical assistance to enable an In25 dian tribe to—
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1 (1) update and revise tribal codes, ordinances,

2 and regulations governing tribal fish and wildlife re3 source protection and use;

4 (2) employ tribal conservation officers, tribal

5 fisheries and wildlife biologists, and other profes6 sionals to administer Indian fish and wildlife re7 source management and outdoor recreation programs;

8 (3) provide training for Indian fish and wildlife

9 resource personnel including tribal conservation offi10 cers under a curriculum that incorporates law en11 forcement, fish and wildlife conservation, species iden12 tification and resource management principles and

13 techniques; and

14 (4) provide such other financial and technical

15 assistance as the Secretary may determine necessary.

16 (g) ALASKA NATIVES.—In a manner consistent with

17 the Indian Self-Determination and Education Assistance

18 Act (25 U.S.C. 450 et seq.), the Secretary may, subject to

19 the availability of appropriations, enter into contracts with

20 and make grants to Alaska Native villages and other Alaska

21 Native entities (as determined under the Alaska Native

22 Claims Settlement Act (43 U.S.C. 1601 et seq.) to provide

23 financial assistance to assist such entities in—

24 (1) expressing the views of the entities; and
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1 (2) participating fully in the Federal and State

2 decisionmaking processes,

3 with respect to fish and wildlife management activities in

4 Alaska.

5 SEC. 202. EDUCATION IN INDIAN FISH AND WILDLIFE RE6 SOURCE MANAGEMENT.

7 (a) SCHOLARSHIP PROGRAM.—

8 (1) IN GENERAL.—The Secretary may grant fish

9 and wildlife management scholarships to Indians en10 rolled in accredited programs for postsecondary and

11 graduate fish and wildlife resource management-relat12 ed fields of study as full-time students at institutions

13 of higher education.

14 (2) OBLIGATED SERVICE AGREEMENT.—Each re15 cipient of a fish and wildlife management scholarship

16 shall be required, as a condition to receiving the

17 scholarship, to enter into an obligated service agree18 ment under which the recipient agrees to accept em19 ployment with an Indian tribe or tribal organization,

20 or the Bureau or other Federal agency serving or ben21 efiting Indians for a period equal to the period of

22 time during which the recipient receives scholarship

23 assistance. The period of obligated service shall com24 mence as soon as practicable following completion of

25 the course of study of the recipient.
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1 (3) SCHOLASTIC ACHIEVEMENT NOT A BASIS FOR

2 DENIAL.—The Secretary may not deny scholarship

3 assistance under this subsection solely on the basis of

4 the scholastic achievement of an applicant if the ap5 plicant has been admitted to and remains in good

6 standing in an accredited postsecondary or graduate

7 institution of higher education.

8 (b) FISH AND WILDLIFE EDUCATION OUTREACH.—

9 The Secretary shall conduct, with the full and active par10 ticipation of Indian tribes, a fish and wildlife and gather11 ing resource management education outreach program to—

12 (1) explain and stimulate interest in all aspects

13 of Indian fish and wildlife management; and

14 (2) generate interest in such career positions as

15 fisheries or wildlife biologists and fish and wildlife

16 management specialists.

17 (c) POSTGRADUATE RECRUITMENT.—The Secretary

18 shall establish and carry out a program to attract Indian

19 fish or wildlife biologists and other related professionals who

20 have graduated from postsecondary or graduate schools for

21 employment by Indian tribes, Indian tribal organizations,

22 or the Bureau or other Federal agency serving or benefiting

23 Indians in exchange for the assumption by the Secretary

24 of all or a portion of the outstanding student loans of the

25 employee. The Secretary shall determine the amount of any
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1 assumption made under the preceding sentence on the basis

2 of the period of employment involved.

3 (d) FISH AND WILDLIFE BIOLOGIST INTERN PRO4 GRAM.—

5 (1) IN GENERAL.—(A) The Secretary shall, with

6 the full and active participation of Indian tribes, es7 tablish a Fish and Wildlife Resources Intern Program

8 (referred to in this subsection as the ‘‘Program’’). The

9 Program shall provide for at least 20 Indian fish and

10 wildlife intern positions. Such positions shall be in

11 addition to the forester intern positions authorized in

12 section 314(a) of the National Indian Forest Re13 sources Management Act (25 U.S.C. 3113(a)).

14 (B) Each individual selected to serve as an in15 tern under the Program, shall, as a condition to par16 ticipating as an intern under the Program, be en17 rolled full-time or part-time in an approved post18 secondary or graduate program at an institution of

19 higher education in a curriculum leading to an ad20 vanced degree in fish or wildlife resource manage21 ment-related fields.

22 (2) PAYMENT OF COSTS.—The Secretary shall

23 pay all costs for tuition, books, fees, and living ex24 penses incurred by Indian fish and wildlife interns

25 while attending approved study programs.
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1 (3) OBLIGATED SERVICE AGREEMENT.—Each In2 dian fish and wildlife resource intern shall, as a con3 dition to participating as an intern in the Program,

4 be required to enter into an obligated service agree5 ment to serve in a professional fish or wildlife man6 agement-related capacity with an Indian tribe or

7 tribal organization or the Bureau or other Federal

8 agency serving or benefiting Indian fish and wildlife

9 resources (referred to in this subsection as an ‘‘em10 ploying entity’’) for a period equal to the period of

11 time during which the recipient receives assistance

12 under paragraph (2). Except as provided in para13 graph (4), the period of obligated service shall com14 mence as soon as practicable following completion of

15 the course of study of the recipient.

16 (4) SCHOLASTIC BREAKS.—Each Indian fish

17 and wildlife resource intern shall, as a condition to

18 participating as an intern in the Program, be re19 quired to report for service with the employing entity

20 of the intern during any break in attendance at an

21 institution of higher education of more than 3 weeks

22 duration. Time spent in such service shall be counted

23 toward satisfaction of the obligated service agreement

24 of the intern referred to in paragraph (3).

25 (e) COOPERATIVE EDUCATION PROGRAM.—
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1 (1) IN GENERAL.—The Secretary shall carry out

2 a cooperative education program (referred to in this

3 subsection as the ‘‘program’’) for the purpose of re4 cruiting promising Indian students who are enrolled

5 in secondary schools, tribally controlled community

6 colleges, and other postsecondary or graduate pro7 grams at institutions of higher education for employ8 ment as professional fisheries or wildlife biologists or

9 in other related professional positions with an Indian

10 tribe or tribal organization, or the Bureau or other

11 Federal agency serving or benefiting Indians.

12 (2) ELIGIBLE INDIAN STUDENTS.—(A) Under the

13 program, the Secretary shall pay all costs for tuition,

14 books, and fees of eligible Indian students selected by

15 the Secretary to participate in the program.

16 (B) For the purposes of this paragraph, an ‘‘eli17 gible Indian student’’ is an Indian student who—

18 (i) is enrolled in a course of study at an

19 educational institution referred to in paragraph

20 (1) with which the Secretary has entered into a

21 cooperative agreement; and

22 (ii) expresses an interest in a career with

23 an Indian tribe or tribal organization, or the

24 Bureau or other Federal agency serving or bene25 fiting Indians.
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1 (3) FINANCIAL NEED NOT A REQUIREMENT.—Fi2 nancial need may not be a requirement to receive as3 sistance under the program.

4 (4) OBLIGATED SERVICE AGREEMENT.—Each re5 cipient of assistance under the program, shall be re6 quired, as a condition of participating in the pro7 gram, to enter into an obligated service agreement

8 under which the recipient agrees to accept employ9 ment with an Indian tribe or tribal organization, or

10 the Bureau or other Federal agency serving or benefit11 ing Indians for a period equal to the period of time

12 during which the recipient receives scholarship assist13 ance. The period of obligated service shall commence

14 as soon as practicable following completion of the

15 course of study of the recipient.

16 (f) ADEQUACY OF PROGRAMS.—The Secretary shall

17 provide administrative oversight of the programs described

18 in this section until such time as the Secretary determines

19 that a sufficient number of personnel are available to ad20 minister Indian fish and wildlife resource management

21 programs.

22 (g) OBLIGATED SERVICE; BREACH OF CONTRACT.—

23 (1) OBLIGATED SERVICE.—(A) If an individual

24 enters into an agreement for obligated service in re25 turn for financial assistance under this section, the
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1 Secretary shall, pursuant to regulations that the Sec2 retary shall prescribe, provide for an offer of employ3 ment that is sufficient for the individual to meet the

4 applicable requirements for obligated service under

5 this section.

6 (B) The regulations prescribed under subpara7 graph (A) shall specify that if the Secretary fails to

8 make an offer of employment in a reasonable manner

9 to a recipient of financial assistance subject to an

10 agreement for obligated service entered into under this

11 section, notwithstanding the terms of the agreement,

12 the individual may not be required to carry out the

13 obligated service.

14 (2) BREACH OF AGREEMENT.—(A) If an individ15 ual described in paragraph (1) fails to accept a rea16 sonable offer of employment in fulfillment of an obli17 gated service requirement under an agreement entered

18 into under this section, or unreasonably terminates or

19 fails to perform the duties of such employment, the

20 Secretary shall require the repayment of the financial

21 assistance provided to the individual under the agree22 ment.

23 (B) The amount of the repayment shall—
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1 (i) be pro rated on the basis of any amount

2 of time that the recipient performed the obligated

3 service in accordance with the agreement; and

4 (ii) include interest on the amount deter5 mined under clause (i), calculated at the maxi6 mum prevailing rate for loan payments, as de7 termined by the Secretary of the Treasury.

8 SEC. 203. INDIAN FISH HATCHERY SYSTEM.

9 (a) PROGRAM.—The Secretary, with full and active

10 participation of affected Indian tribes and tribal organiza11 tions and in a manner consistent with applicable Federal

12 conservation laws, shall establish and administer an Indian

13 Fish Hatchery System within the Bureau to produce and

14 distribute fish of the species, strain, number, size, and qual15 ity necessary to assist Indian tribes to develop and admin16 ister tribal hatcheries and enhance fisheries resources to

17 meet Indian fish and wildlife resource needs, including In18 dian subsistence, ceremonial, recreational, and commercial

19 fisheries needs.

20 (b) REPORT.—

21 (1) IN GENERAL.—Not later than 18 months

22 after the date of enactment of this Act, the Secretary,

23 with the full and active participation of affected In24 dian tribes and tribal organizations, shall submit a

25 report, consistent with this subsection, to the Commit-
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1 tee on Indian Affairs of the Senate and the Sub2 committee on Native Affairs of the Committee on Nat3 ural Resources of the House of Representatives.

4 (2) CONTENT.—The report shall—

5 (A) identify the facilities that comprise the

6 Indian Fish Hatchery System;

7 (B) identify the maintenance, rehabilita8 tion, and construction needs of such facilities;

9 (C) identify the criteria and procedures to

10 be used in evaluating and ranking fish and

11 hatchery maintenance and rehabilitation project

12 proposals submitted by Indian tribes; and

13 (D) provide a plan for the administration

14 and cost-effective operation of the facilities com15 prising the Indian Fish Hatchery System.

16 (c) CONTRACTING.—Upon the request of any Indian

17 tribe, the Secretary shall enter into a contract or annual

18 funding agreement with the Indian tribe pursuant to an

19 Indian Self-Determination Education and Assistance Act

20 (25 U.S.C. 450 et seq.) contract, cooperative agreement, or

21 grant, to plan, conduct, and administer the Indian Fish

22 Hatchery System, or portions thereof. In carrying out this

23 subsection, the Secretary shall ensure adequate consultation

24 with all potentially affected Indian tribes in order to resolve
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1 any outstanding differences between the Secretary and the

2 Indian tribe.

3 (d) FEDERAL FISH HATCHERY OPERATING AGREE4 MENTS.—

5 (1) IN GENERAL.—With respect to a fish hatch6 ery that is owned, operated, or funded by a Federal

7 agency pursuant to a Federal law and has as a pur8 pose the mitigation or recovery of fish resources sub9 ject to treaty rights as determined by a Federal court,

10 upon request of an Indian tribe or tribal organiza11 tion—

12 (A) if the entity that owns or operates the

13 hatchery is the Department of the Interior, the

14 Secretary shall enter into an agreement with the

15 affected Indian tribe that meets the requirements

16 of paragraph (2); and

17 (B) if the entity that owns or operates the

18 hatchery is an entity other than the Department

19 of the Interior, the owner or operator of the

20 hatchery shall enter into an agreement with the

21 Secretary and the affected Indian tribe that

22 meets the requirements of paragraph (2).

23 (2) AGREEMENTS.—An agreement referred to in

24 paragraph (1) shall specify the manner in which the

25 hatchery facility shall be operated so as to mitigate
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1 or recover Indian fish resources subject to treaty fish2 ing rights.

3 SEC. 204. HUNTING, TRAPPING, OR FISHING ON INDIAN

4 LAND.

5 Section 1165 of title 18, United States Code, is amend6 ed to read as follows:

7 ‘‘§ 1165. Hunting, trapping, or fishing on Indian land

8 ‘‘A person who, without lawful authority or permis9 sion, willfully and knowingly goes upon any land that be10 longs to any Indian or Indian tribe, band, or group that

11 is held in trust by the United States or is subject to a re12 striction against alienation imposed by the United States,

13 or upon any land of the United States that is reserved for

14 Indian use, for the purpose of hunting, trapping, or fishing

15 thereon, or for the removal of game, peltries, or fish there16 from, shall be fined not more than $3,000, imprisoned not

17 more than 1 year, or both, and all game, fish, and peltries

18 in the person’s possession shall be forfeited.’’.

19 TITLE III—INDIAN BISON CON20 SERVATION AND MANAGE21 MENT

22 SEC. 301. INDIAN BISON CONSERVATION PROGRAM.

23 (a) IN GENERAL.—The Secretary, acting through the

24 Bureau, may enter into contracts with or make grants to

25 Indian tribes and tribal organizations to develop and carry
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1 out an Indian Bison Conservation Program (referred to in

2 this section as the ‘‘Program’’ to meet tribal subsistence,

3 ceremonial, commercial, and resource needs.

4 (b) PURPOSES OF PROGRAM.—If the Secretary estab5 lishes the Program pursuant to subsection (a), the Program

6 shall provide for the preservation, restoration, production,

7 care, and management of bison.

8 (c) USE OF FUNDS.—Funds made available to Indian

9 tribes pursuant to this section may be used to—

10 (1) develop and implement bison management

11 plans, surveys, and inventories;

12 (2) conduct research on bison populations and

13 habitat;

14 (3) undertake habitat restoration; and

15 (4) develop range ecology and conservation pro16 grams.

17 SEC. 302. INDIAN BISON RANCHING DEMONSTRATION

18 PROJECTS.

19 (a) IN GENERAL.—The Secretary, acting through the

20 Bureau, with the full and active participation of affected

21 Indian tribes and tribal organizations, shall establish In22 dian Bison Ranching Demonstration Projects to support

23 Indian tribes with respect to the initiation, management,

24 and maintenance of bison ranching operations to meet trib25 al subsistence, ceremonial, commercial, and resource needs.
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1 (b) REPORT.—

2 (1) IN GENERAL.—Not later than 18 months

3 after the date of enactment of this Act, the Secretary,

4 with the full and active participation of affected In5 dian tribes and tribal organizations, shall submit a

6 report to the Committee on Indian Affairs of the Sen7 ate and the Subcommittee on Native American Affairs

8 of the Committee on Natural Resources of the House

9 of Representatives.

10 (2) CONTENT OF REPORT.—The report referred

11 to in paragraph (1) shall—

12 (A) identify the status and progress of the

13 Indian Bison Ranching Demonstration Projects,

14 including any obstacles experienced by the dem15 onstration projects that have impeded the

16 projects in meeting the purposes of the projects;

17 and

18 (B) identify the criteria and procedures to

19 be used by the Bureau in evaluating and rank20 ing bison ranching operation, maintenance, and

21 rehabilitation project proposals submitted by

22 bison ranching Indian tribes.
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1 TITLE IV—NATIVE HAWAIIAN

2 COMMUNITY-BASED FISH3 ERIES DEMONSTRATION

4 PROJECTS

5 SEC. 401. FINDINGS.

6 Congress finds the following:

7 (1) Native Hawaiians are a distinct and unique

8 indigenous people with a historical continuity to the

9 original inhabitants of the Hawaiian archipelago and

10 the society of Native Hawaiians was organized and

11 internationally recognized as a nation prior to the

12 arrival in Hawaii of the first nonindigenous people

13 in 1778.

14 (2) At the time of the arrival of the first

15 nonindigenous people in Hawaii in 1778, the Native

16 Hawaiian people lived in a highly organized, self-suf17 ficient, subsistence society that was based on a com18 munal land tenure system and that had a sophisti19 cated language, culture, and religion.

20 (3) As inhabitants of the most isolated archipel21 ago in the world, the Native Hawaiian people have,

22 since time immemorial, relied on their fishery re23 sources for economic, social, cultural, and spiritual

24 sustenance.
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1 (4) The protection and preservation of tradi2 tional Native Hawaiian fisheries practices, including

3 the management and conservation of fisheries re4 sources, the enforcement of conservation measures,

5 and the integration of such practices with modern

6 management and conservation principles, are vital to

7 the well-being of the Native Hawaiian people.

8 (5) Congress has adopted special laws for the

9 benefit of Native Hawaiians and the United States

10 recognizes the distinct rights of Native Hawaiians as

11 beneficiaries of the Hawaiian Homes Commission

12 Act, 1920 (42 Stat. 108 et seq.) and the Act entitled

13 ‘‘An Act to provide for the admission of the State of

14 Hawaii into the Union’’, approved March 18, 1959

15 (commonly known as the ‘‘Hawaii Admission Act’’)

16 (73 Stat. 4; 48 U.S.C. note prec. 491).

17 (6) The United States—

18 (A) assumed special responsibilities for Na19 tive Hawaiian lands and resources—

20 (i) at the time of annexation of the ter21 ritory of Hawaii in 1898,

22 (ii) upon the adoption of the Hawai23 ian Homes Commission Act in 1921, and

24 (iii) upon the admission of the State of

25 Hawaii into the Union in 1959, and
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1 (B) has retained certain responsibilities de2 scribed in subparagraph (A).

3 (7) The United States recognizes that the Federal

4 policy of self-determination and self-governance ex5 tends to all Native Americans.

6 SEC. 402. PURPOSES.

7 Consistent with the Federal policy of self-determina8 tion, the purposes of this title are as follows:

9 (1) To support the involvement of Native Hawai10 ians and Native Hawaiian communities in the man11 agement, conservation, enforcement, and economic en12 hancement of traditional Native Hawaiian fisheries.

13 (2) To protect Native Hawaiian fishing rights

14 and to provide for the planning, management, con15 servation, enhancement, orderly development, and

16 wise use of the resources upon which the meaningful

17 exercise of such rights depends.

18 (3) To encourage communications and authorize

19 cooperative agreements between Federal and State

20 agencies responsible for multijurisdictional fisheries

21 resources decisionmaking and Native Hawaiian com22 munity-based entities.

23 (4) To authorize and establish Native Hawaiian

24 community-based fisheries demonstration projects.
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1 SEC. 403. DEFINITIONS.

2 As used in this title:

3 (1) FISHERY.—The term ‘‘fishery’’ means the

4 harvest and use of one or more stocks of marine fish

5 found in the waters surrounding the area that com6 prises the State of Hawaii.

7 (2) NATIVE HAWAIIAN.—The term ‘‘Native Ha8 waiian’’ means any individual who is a descendant

9 of the aboriginal Polynesian people and who, prior to

10 1778, occupied and exercised sovereignty and self-de11 termination in the area that comprises the State of

12 Hawaii.

13 (3) NATIVE HAWAIIAN COMMUNITY-BASED EN14 TITY.—The term ‘‘Native Hawaiian community-based

15 entity’’ means any entity or organization that—

16 (A) is composed primarily of Native Ha17 waiian members;

18 (B) assists in the social, cultural, and eco19 nomic development of Native Hawaiians; and

20 (C) has as its primary purpose the protec21 tion, support, and development of traditional

22 fisheries practices.

23 (4) WESTERN PACIFIC FISHERY MANAGEMENT

24 COUNCIL.—The term ‘‘Western Pacific Fishery Man25 agement Council’’ or ‘‘Council’’ means the Regional

26 Council established by section 302(a)(8) of the Mag-
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1 nuson Fishery Conservation and Management Act (16

2 U.S.C. 1852(a)(8)) with authority over the fisheries

3 in the Federal waters of the Exclusive Economic Zone

4 surrounding American Samoa, Guam, the State of

5 Hawaii, and the Commonwealth of the Northern Mar6 iana Islands.

7 SEC. 404. NATIVE HAWAIIAN DEMONSTRATION PROJECTS.

8 The Secretary shall make a direct grant to the Western

9 Pacific Fishery Management Council to provide funding to

10 qualified Native Hawaiian community-based entities (as

11 determined by the Council) for the purpose of establishing

12 not less than three and not more than five Native Hawaiian

13 community-based fishery demonstration projects to foster

14 and promote the management, conservation, enforcement,

15 and economic enhancement of Native Hawaiian fisheries.

16 SEC. 405. ESTABLISHMENT OF A PANEL REVIEW PROCESS.

17 (a) IN GENERAL.—

18 (1) ESTABLISHMENT OF PANEL REVIEW PROC19 ESS.—As a condition to receiving the direct grant

20 under section 404, the Western Pacific Fishery Man21 agement Council shall establish a panel review process

22 to—

23 (A) evaluate applications for demonstration

24 project grants made available from funds pro-
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1 vided to the Western Pacific Fishery Manage2 ment Council under the direct grant; and

3 (B) determine the relative merits of the

4 demonstration projects that are the subject of the

5 applications.

6 (2) APPOINTMENT OF MEMBERS.—To carry out

7 the process described in paragraph (1), the Council

8 shall appoint as members of the review panel individ9 uals who are knowledgeable or experienced in Native

10 Hawaiian fisheries practices. The members of the re11 view panel may not be officers or employees of the

12 Council.

13 (b) REVIEW PROCESS.—For each fiscal year, each re14 view panel that reviews demonstration project grant appli15 cations pursuant to this section shall—

16 (1) determine the merits of each project described

17 in each application reviewed by the panel;

18 (2) rank each such application with respect to

19 the other applications the Council reviews for the fis20 cal year according to the relative merit of the projects

21 described in such application; and

22 (3) submit to the Council a list of the applica23 tions reviewed by the panel, arranged according to

24 ranking determined under paragraph (2).
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1 (c) DEPARTURE FROM RANKING.—If the Council

2 awards a grant without regard to the ranking determined

3 by the panel in accordance with subsection (b), upon request

4 by the review panel, the Council shall provide a written

5 explanation, setting forth in detail an explanation of why

6 the Council did not follow the recommendations of the

7 panel.

8 SEC. 406. DUTIES AND RESPONSIBILITIES OF THE COUNCIL.

9 The Western Pacific Fishery Management Council

10 shall—

11 (1) award, administer, and exercise oversight re12 sponsibility over the grants made pursuant to section

13 404 to qualified Native Hawaiian community-based

14 entities; and

15 (2) submit an annual report to Congress assess16 ing the status and progress of the demonstration

17 projects, including any obstacles experienced by the

18 demonstration projects that have impeded the pur19 poses of this title.

20 SEC. 407. USE OF FUNDS.

21 Each demonstration project that receives funding pur22 suant to this title shall foster and promote the involvement

23 of Native Hawaiians and Native Hawaiian communities

24 in the management, conservation, enforcement, and eco-
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1 nomic enhancement of Native Hawaiian fisheries. Each

2 such project may include the following:

3 (1) The identification and application of tradi4 tional Native Hawaiian fishery management prac5 tices.

6 (2) The planning, development, and application

7 of enforcement plans to protect and conserve off-shore

8 and ocean resources, and to enforce existing applica9 ble Federal and State laws, in cooperation with exist10 ing Federal and State entities.

11 (3) The development of community-based eco12 nomic enhancement fishery projects.

13 (4) Research, community education, and mate14 rials, including equipment, necessary to accomplish

15 the purposes of the demonstration projects under this

16 title.

17 SEC. 408. ADMINISTRATIVE COSTS.

18 For each fiscal year, the amount of funds that the

19 Western Pacific Fishery Management Council may use from

20 the funds made available as a direct grant to the Western

21 Pacific Fishery Management Council under section 404

22 may not exceed an amount equal to 7 percent of the funds

23 made available to the Secretary to carry out this title.
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1 SEC. 409. TECHNICAL ASSISTANCE.

2 To carry out the purposes specified in section 402, the

3 appropriate officials of Federal agencies, State agencies,

4 and the Council may provide technical assistance to any

5 Native Hawaiian community-based fishery demonstration

6 project described in section 404 in meeting the technical as7 sistance and management needs of the project, as deter8 mined by the Native Hawaiian community affected by the

9 project.

10 TITLE V—AUTHORIZATION OF

11 APPROPRIATIONS

12 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated such sums as

14 are necessary to carry out this Act.

15 TITLE VI—MISCELLANEOUS

16 PROVISIONS

17 SEC. 601. REGULATIONS.

18 Except as otherwise provided in this Act, not later

19 than 2 years after the date of enactment of this Act, the

20 Secretary, acting through the Bureau, shall prescribe final

21 regulations to carry out this Act. The regulations prescribed

22 by the Secretary, acting through the Bureau, pursuant to

23 this Act shall be developed with the full and active partici24 pation of affected Indian tribes and tribal organizations.
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1 SEC. 602. TRUST RESPONSIBILITY.

2 (a) IN GENERAL.—With respect to any action by the

3 Federal Government that affects Indian fish and wildlife

4 resources, the appropriate official of a Federal agency shall

5 fully consult with and seek the participation of the affected

6 Indian tribes in a manner consistent with the Federal trust

7 responsibility and the government-to-government relation8 ship between Indian tribes and the Federal Government.

9 (b) STATUTORY CONSTRUCTION.—

10 (1) TRUST RESPONSIBILITY.—Nothing in this

11 Act may be construed to diminish or expand the trust

12 responsibility of the United States for Indian natural

13 resources, or any legal obligation or remedy resulting

14 from such trust responsibility.

15 (2) ALASKA NATIVES.—Nothing in this Act may

16 be construed to express congressional intent with re17 spect to the political or legal status of Alaska Natives

18 or the governmental status of Native villages or any

19 other entity of Alaska Natives.

20 SEC. 603. TREATY OBLIGATIONS.

21 Nothing in this Act may be construed to diminish or

22 adversely affect the right of any Indian tribe established

23 under any Indian treaty or other Federal law or court de24 cree in effect on the date of enactment of this Act.
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1 SEC. 604. STATUTORY CONSTRUCTION; APPLICABILITY.

2 (a) IN GENERAL.—Nothing in this Act may be con3 strued to—

4 (1) authorize any expansion or change in the ju5 risdiction of the Federal Government or the govern6 ment of a State or Indian tribe in the management

7 of fish and wildlife resources; or

8 (2) modify or repeal any Federal, State, or trib9 al conservation law governing the protection and

10 management of fish and wildlife resources.

11 (b) AGRICULTURE AND FORESTS.—Nothing in this Act

12 may diminish or supersede the National Indian Forest Re13 sources Management Act (25 U.S.C. 3101 et seq.) or the

14 American Indian Agricultural Resource Management Act

15 (Public Law 103–177; 107 Stat. 2011).

16 (c) ALASKA NATIVES.—Nothing in this Act may be

17 construed to alter the political or legal status of Alaska Na18 tives or the governmental status of Native villages or any

19 other entity of such Alaska Natives in existence on the date

20 of enactment of this Act.

21 (d) APPLICABILITY.—Except as provided in section

22 201(g), this Act shall not apply to lands and waters located

23 within the State of Alaska other than lands and waters con24 tained within the Annette Island Reserve established by sec25 tion 15 of the Act of March 3, 1891 (26 Stat. 1101, ch.

26 561).
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