II

103D CONGRESS

1ST SESSION S. 1526

To improve the management of Indian fish and wildlife and gathering

resources, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 7 (legislative day, SEPTEMBER 27), 1993

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

A BILL

To improve the management of Indian fish and wildlife and

gathering resources, and for other purposes.

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’’.

7 (b) TABLE OF CONTENTS.—

TITLE I—GENERAL PROVISIONS

Sec. 101. Findings

Sec. 102. Purpose.

Sec. 103. Definitions.

TITLE II—INDIAN FISH AND WILDLIFE PROGRAMS
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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.

1 TITLE I—GENERAL PROVISIONS

2 FINDINGS

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

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 to protect, conserve, and manage Indian fish and

8 wildlife and gathering resources consistent with the

9 treaty rights of Indian tribes;

10 (3) the United States trust responsibility ex11 tends to all Federal agencies and departments and

12 absent a clear expression of congressional intent to

13 the contrary, the United States has a duty to admin14 ister Federal fish and wildlife conservation laws in
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1 a manner consistent with its fiduciary obligation to

2 honor and protect the treaty rights of Indian tribes;

3 (4) Federal statutes and regulations affecting

4 Indian fish and wildlife resources and tribal resource

5 management activities shall be interpreted in accord6 ance with the trust responsibility set forth in this

7 Act;

8 (5) fish and wildlife resources located on Indian

9 lands, in adjacent regional resource management

10 areas, and on ceded territory on which treaty rights

11 have been retained continue to provide sustenance,

12 cultural enrichment, and economic support for In13 dian tribes, and support the maintenance of eco14 nomic stability by enabling gainful employment in

15 resource management occupations;

16 (6) Indian tribal governments retain jurisdic17 tion over hunting and fishing activities on Indian

18 lands;

19 (7) Indian tribal governments serve as co-man20 agers of fish and wildlife resources with other tribal

21 governments, State governments and the Federal

22 government, sharing management responsibilities for

23 fish and wildlife resources as a function of treaties,

24 statutes, and judicial decrees;
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1 (8) since time immemorial, Indian cultures, reli2 gious beliefs and customs have been centered around

3 their relationships with fish, wildlife and gathering

4 resources, and Indian people have relied on these re5 sources for food, shelter, clothing, tools and trade;

6 (9) Indian fish and wildlife resources are renew7 able and manageable natural resources that are

8 among the most valuable tribal assets and which are

9 vital to the well-being of Indian people;

10 (10) Indian lands contain millions of acres of

11 natural lakes, woodlands, and impoundments, thou12 sands of perennial streams, and tens of millions of

13 acres of wildlife habitat;

14 (11) Indian fish and wildlife programs contrib15 ute significantly to the conservation and enhance16 ment of fish, wildlife and gathering resources, in17 cluding those resources which are classified as

18 threatened and endangered;

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

20 produce tens of millions of salmon, steelhead, wall21 eye and other fish species annually, benefitting both

22 Indian and non-Indian sport and commercial fish23 eries in the United States and Canada, and serving

24 Indian subsistence and ceremonial needs;
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1 (13) comprehensive and improved management

2 of Indian fish and wildlife resources will yield great3 er economic returns, enhance Indian self-determina4 tion, strengthen tribal self-governance, promote em5 ployment opportunities, and improve the social, cul6 tural and economic well-being of Indian and neigh7 boring communities;

8 (14) amongst the wildlife resources upon which

9 Indian people have traditionally relied for a principle

10 source of subsistence is the American bison, a pri11 mary wildlife specie of the Great Plains ecosystem

12 which continues to contribute spiritual, cultural, and

13 economic benefits to many Indian tribes through

14 tribal bison ranching activities;

15 (15) the United States has an obligation to pro16 vide assistance to Indian tribes to—

17 (A) enable integrated management and

18 regulation of hunting, fishing, trapping and

19 gathering activities on Indian lands, including

20 the protection, conservation and enhancement

21 of resource populations and habitats upon

22 which the meaningful exercise of Indian rights

23 depend;

24 (B) maintain fish hatcheries and other fa25 cilities and structures required for the prudent
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1 management, enhancement and mitigation of

2 fish and wildlife resources; and

3 (16) existing Federal laws and programs do not

4 assure the adequate protection and management of

5 Indian fish and wildlife resources, nor gathering of

6 natural resources nor do they sufficiently address or

7 meet the operation and maintenance needs of tribal

8 fish production facilities.

9 PURPOSES

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

11 (1) to reaffirm and protect Indian hunting,

12 fishing, trapping and gathering rights, and to pro13 vide for the conservation, prudent management, en14 hancement, orderly development and wise use of the

15 resources upon which the meaningful exercise of In16 dian rights depend;

17 (2) to enhance and maximize tribal capability

18 and flexibility in managing fish and wildlife re19 sources for the continuing benefit of Indian people,

20 and in co-managing shared resources for the benefit

21 of the Nation, in a manner consistent with the exer22 cise of Indian hunting, fishing, trapping and gather23 ing rights and the United States’ trust responsibility

24 to honor Indian treaty rights and protect Indian re25 sources;
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1 (3) to support the Federal policy of Indian self2 determination and tribal self-governance by authoriz3 ing and encouraging government-to-government rela4 tions and cooperative agreements amongst Federal,

5 State, local and tribal governments, as well as inter6 national agencies and commissions responsible for

7 multi-jurisdictional fish and wildlife resource deci8 sion making;

9 (4) to authorize and establish Indian bison

10 ranching demonstration projects that may be admin11 istered by Indian tribal governments pursuant to the

12 Indian Self-Determination and Education Act to

13 meet tribal bison ranching and management needs,

14 and to train Indian people in bison management

15 techniques;

16 (5) to authorize and establish an Indian Fish

17 Hatchery Assistance Program that may be adminis18 tered by Indian tribal governments pursuant to the

19 Indian Self-Determination and Education Act to

20 meet Indian hatchery needs and fulfill tribal co-man21 agement responsibilities; and

22 (6) to authorize and establish an Indian Fish

23 and Wildlife Resource Management Education As24 sistance Program to promote and develop full tribal
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1 technical capability and competence in managing

2 fish and wildlife resource programs.

3 DEFINITIONS

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

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

6 Indian Affairs within the United States Department

7 of the Interior.

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

9 ceded to the United States by treaty upon which the

10 treating tribe or tribes retain hunting, fishing and

11 gathering rights.

12 (3) The term ‘‘co-management’’ means a proc13 ess involving two or more recognized governmental

14 or governmentally-chartered authorities having

15 rights to, jurisdiction over, or responsibilities for the

16 management or use of a fish or wildlife resource

17 during some phase of its life cycle.

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

19 written agreement entered into by two or more par20 ties agreeing to work together or actively protect,

21 conserve, enhance, restore or otherwise manage fish

22 and wildlife resources.

23 (5) The term ‘‘Indian fish hatchery’’ means any

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

25 the spawning, hatching, rearing, holding, caring for
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1 or stocking of fish including related research and di2 agnostic fish health facilities and which is—

3 (A) owned or operated by an Indian tribe

4 or the Bureau of Indian Affairs, or by the

5 United States Fish and Wildlife Service on In6 dian lands, or

7 (B) is owned or operated by a government

8 agency pursuant to Federal statute and has as

9 a purpose, the mitigation or recovery of fish re10 sources subject to treaty rights as determined

11 by a federal court.

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

13 means work that is required at periodic intervals to

14 prolong the life of a fish hatchery and its compo15 nents and associated equipment, and to prevent the

16 need for premature replacement or repair.

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

18 means noncyclical work that is required to address

19 the physical deterioration and functional obsoles20 cence of a fish hatchery building, structure or other

21 facility component, or to repair damage resulting

22 from aging, natural phenomena and other causes, in23 cluding work to repair, modify, or improve facility

24 components to enhance their original function, the

25 application of technological advances, and the re-
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1 placement or acquisition of capital equipment, such

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

3 and standby generators.

4 (8) The term ‘‘forest land management activ5 ity’’ has the same meaning given to such term by

6 section 304(4) of the Indian Forest Resources Man7 agement Act (25 U.S.C. 3103(4)).

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

9 Indian tribe as defined in section 4 of the Indian

10 Self-Determination and Education Assistance Act

11 (25 U.S.C. 450b).

12 (10) The term ‘‘Indian fish and wildlife organi13 zation’’ means a tribal or multi-tribal commission,

14 authority, or other body for the purpose of rep15 resenting or coordinating tribal interests in pursuing

16 resource management or rights protection goals and

17 strategies.

18 (11) The term ‘‘Indian fish and wildlife re19 source’’ means any species of animal or plant life for

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

21 gather for subsistence, ceremonial, recreational or

22 commercial purposes, or for which an Indian tribal

23 government has management or co-management re24 sponsibilities.
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1 (12) The term ‘‘Indian lands’’ means all lands

2 within the limits of any Indian reservation, public

3 domain Indian allotments, all other lands title to

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

5 the benefit of any Indian tribe or individual or held

6 by any Indian tribe or individual subject to a restric7 tion by the United States against alienation, all de8 pendent Indian communities, and all land owned by

9 an Indian tribe, including land owned by an Alaska

10 Native village or an Alaska Native corporation.

11 (13) The term ‘‘Indian reservation’’ means res12 ervations established pursuant to treaties, Acts of

13 Congress or Executive orders, public domain Indian

14 allotments, and Indian lands in the State of Okla15 homa.

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

17 tribe, band, nation, rancheria, pueblo, or other orga18 nized dependent Indian group or community which

19 is recognized as eligible for the special programs and

20 services provided by the United States to Indians be21 cause of their status as Indians.

22 (15) The term ‘‘integrated resource manage23 ment plan’’ means the plan developed pursuant to

24 the process used by tribal governments to assess

25 available resources and to provide identified com-
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1 prehensive management objectives that include qual2 ity of life, production goals and landscape descrip3 tions of all designated resources that may include,

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

5 agriculture, minerals, and recreation, as well as com6 munity and municipal resources, and may include

7 any previously-adopted tribal codes and plans related

8 to such resources.

9 (16) The term ‘‘regional resource management

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

11 has a right to fish, hunt, gather or trap for subsist12 ence, ceremonial or commercial purposes, or in

13 which an Indian tribe has management or co-man14 agement responsibilities.

15 (17) The term ‘‘resource management activi16 ties’’ means all activities performed in managing In17 dian fish, wildlife, gathering, and related outdoor

18 recreation and resources; including, but not limited

19 to—

20 (A) implementation and enforcement of

21 tribal fish and wildlife codes, ordinances, and

22 regulations;

23 (B) development of integrated resource

24 management plans for Indian lands or regional
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1 resource management areas, surveys, or inven2 tories;

3 (C) population and life history investiga4 tions;

5 (D) harvest management and use studies;

6 (E) fish production and hatchery manage7 ment;

8 (F) judicial services;

9 (G) co-management activities with federal,

10 state, local or tribal governments or inter11 national agencies:

12 (H) public use management;

13 (I) information management;

14 (J) public relations and general adminis15 tration;

16 (K) mitigation for habitat loss; and

17 (L) rehabilitation, restoration and en18 hancement of fish and wildlife habitat.

19 The term ‘‘resource management activities’’

20 does not include forest land or agricultural manage21 ment activities.

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

23 of the Interior.

24 (19) The term ‘‘tribal bison ranching dem25 onstration projects’’ means any activity undertaken
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1 by an Indian tribe which relates to the production,

2 rearing, holding, management, or preservation of

3 bison, including training in bison ranching manage4 ment techniques.

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

6 the sharing of decision-making and management re7 sponsibilities with one or more tribal governments in

8 local, regional, national and international fish and

9 wildlife resource management processes.

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

11 meaning given to such term by section 4 of the In12 dian Self-Determination and Education Assistance

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

14 wildlife organizations.

15 TITLE II—INDIAN FISH AND WILDLIFE

16 PROGRAMS

17 MANAGEMENT OF INDIAN FISH, WILDLIFE AND

18 GATHERING RESOURCES

19 SEC. 201. (a) MANAGEMENT OBJECTIVES.—Consist20 ent with the provisions of the Indian Self-Determination

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

22 the Secretary shall support tribal administration of Indian

23 fish and wildlife resource management activities to achieve

24 the following objectives:
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1 (1) To carry out the government-to-government

2 relationship between Indian tribal governments and

3 the United States in the management of Indian fish

4 and wildlife resources.

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

6 gathering rights guaranteed to Indian tribes by the

7 United States through treaty, statute, Executive

8 order, or court decree.

9 (3) To provide for the development and en10 hancement of the capacities of Indian tribal govern11 ments to manage Indian fish and wildlife resources.

12 (4) To protect, conserve and enhance Indian

13 fish and wildlife resources that are important to the

14 subsistence, cultural enrichment, and economic de15 velopment of Indian communities.

16 (5) To promote the development and use of In17 dian fish and wildlife resources for the maximum

18 benefit of Indian people, by managing Indian re19 sources in accordance with tribally-developed inte20 grated resource management plans which provide co21 ordination for the comprehensive management of all

22 natural resources.

23 (6) To selectively develop and increase produc24 tion of certain fish and wildlife resources.
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1 (7) To authorize and support tribal co-manage2 ment or cooperative activities in local, regional, na3 tional or international decision-making processes and

4 forums.

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

6 wildlife and bison resources so as to better meet In7 dian subsistence, ceremonial, recreational and com8 mercial needs.

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

10 achieve the objectives set forth in subsection (a), the Sec11 retary, in full consultation with Indian tribes and tribal

12 organizations, shall establish the Indian Fish and Wildlife

13 Resource Management Program which shall be adminis14 tered consistent with the provisions of the Indian Self-De15 termination and Education Assistance Act (25 U.S.C. 450

16 et seq.).

17 (2) The Secretary shall promote tribal management

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

19 and implementation of this Act, through contracts, cooper20 ative agreements, or grants under the Indian Self-Deter21 mination and Education Assistance Act (25 U.S.C. 450

22 et seq.), or other Federal laws.

23 (3) The Secretary, upon the request of any Indian

24 tribe or tribal organization, shall enter into a contract, co25 operative agreement, or a grant under the Indian Self-De-
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1 termination and Education Assistance Act, with the tribe

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

3 program of the Department of the Interior, or portion

4 thereof which affects Indian fish and wildlife resources

5 and which is currently administered by the Secretary with6 out regard to the agency or office of the Department of

7 the Interior or the organizational level within the depart8 ment.

9 (4) The Secretary shall, upon the request of an In10 dian tribe or tribal organization, enter into a cooperative

11 agreement with the tribe or tribal organization on any

12 management issue affecting Indian fish and wildlife re13 sources.

14 (c) MANAGEMENT ACTIVITIES.—Indian fish and

15 wildlife resource management activities carried out under

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

17 shall not be limited to—

18 (1) the development, implementation, and en19 forcement of tribal codes, ordinances, and regula20 tions;

21 (2) the development and implementation of re22 source and management plans, surveys, and inven23 tories;

24 (3) the conduct of fish and wildlife population

25 and life history investigations, habitat investigations,
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1 habitat restoration, harvest management, and use

2 studies;

3 (4) fish production and hatchery management;

4 (5) the development of tribal conservation pro5 grams, including employment and training of tribal

6 conservation enforcement officers; and

7 (6) participation in joint or cooperative man8 agement of fish and wildlife resources on a regional

9 basis with Federal, State, tribal, and local or inter10 national authorities.

11 (d) SURVEY AND REPORT.—

12 (1) The Secretary is authorized to enter into

13 contracts or provide grants to Indian tribes or tribal

14 organizations under the authority of the Indian Self15 Determination and Education Assistance Act (25

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

17 report to the Congress based on a survey of each In18 dian reservation that shall include, but not be lim19 ited to—

20 (A) a review of existing tribal codes, ordi21 nances, and regulations governing the manage22 ment of fish and wildlife resources;

23 (B) an assessment of the need to update

24 and revise tribal codes, ordinances, and regula-
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1 tions governing tribal fish and wildlife resource

2 protection and use;

3 (C) a determination and documentation of

4 the needs for tribal conservation officers, tribal

5 fisheries and wildlife biologists, and other pro6 fessionals to administer Indian fish and wildlife

7 resource management programs;

8 (D) an assessment of the need to provide

9 training to and develop curricula for Indian fish

10 and wildlife resource personnel, including tribal

11 conservation officers, which incorporate law en12 forcement, fish and wildlife conservation, identi13 fication and resource management principles

14 and techniques; and

15 (E) a determination and documentation of

16 the condition of Indian fish and wildlife re17 sources.

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

19 this Act, the Secretary shall submit to the Congress

20 a report which includes the results of the survey con21 ducted under the authority of subsection (1) of this

22 section.

23 (e) INDIAN FISH AND WILDLIFE RESOURCE MAN24 AGEMENT PLANS.—
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1 (1) To meet the management objectives set

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

3 resource management plan shall be developed and

4 implemented as follows:

5 (A) Pursuant to a self-determination con6 tract or self governance compact under the In7 dian Self-Determination and Education Assist8 ance Act, an Indian tribe may develop or imple9 ment an Indian fish and wildlife management

10 plan. Subject to the provisions of subparagraph

11 (C), the tribe shall have broad discretion in de12 signing and carrying out the planning process.

13 (B) If a tribe elects not to contract the de14 velopment or implementation of a plan, the Sec15 retary shall develop or implement the plan in

16 close consultation with the affected tribe.

17 (C) Whether developed directly by the tribe

18 or by the Secretary, the plan shall—

19 (i) determine the condition of fish and

20 wildlife resources and habitat conditions,

21 (ii) identify specific tribal fish and

22 wildlife resource goals and objectives,

23 (iii) establish management objectives

24 for the resources,
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1 (iv) define critical values of the Indian

2 tribe and its members and provide identi3 fied comprehensive management objectives,

4 (v) be developed through public meet5 ings,

6 (vi) use the public meeting records,

7 existing survey documents, reports, and

8 other research from Federal agencies and

9 tribal community colleges, and

10 (vii) be completed within three years

11 of the initiation of activity to establish the

12 plan.

13 (2) Indian fish and wildlife management plans

14 developed and approved under this section shall gov15 ern the management and administration of Indian

16 fish and wildlife resources by the Bureau and the In17 dian tribal government.

18 (f) TRIBAL MANAGEMENT IN REGIONAL RESOURCE

19 MANAGEMENT AREAS.—

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

21 forth in section 201(a), and consistent with the pro22 visions of the Indian Self-Determination and Edu23 cation Assistance Act, the Secretary shall review ex24 isting programs involving the management of multi25 jurisdictional fish, wildlife and gathering resources
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1 in regional resource management areas, for the pur2 pose of determining the need for Indian representa3 tion, program adequacy and staffing needs to appro4 priately represent the interests of member tribes.

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

6 enactment of this Act, the Secretary shall submit a

7 report to the Congress based upon the review con8 ducted under subsection (1) of this section assessing

9 fish and wildlife program adequacy and staffing

10 needs, and the condition of fish and wildlife re11 sources in regional resource management areas.

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

13 provide financial and technical assistance to enable Indian

14 tribes to—

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

16 and regulations governing tribal fish and wildlife re17 source protection and use;

18 (2) employ tribal conservation officers, tribal

19 fisheries and wildlife biologists, and other profes20 sionals to administer Indian fish and wildlife re21 source management programs; and

22 (3) provide training for Indian fish and wildlife

23 resource personnel including tribal conservation offi24 cers under a curricula that incorporates law enforce-
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1 ment, fish and wildlife conservation, identification

2 and resource management principles and techniques.

3 EDUCATION IN INDIAN FISH AND WILDLIFE RESOURCE

4 MANAGEMENT

5 SEC. 202. (a) SCHOLARSHIP PROGRAM.—

6 (1) The Secretary is authorized to grant fish

7 and wildlife management scholarships to Indians en8 rolled in accredited programs for post-secondary and

9 graduate fish and wildlife resource management-re10 lated fields of study as full-time students.

11 (2) A recipient of a fish and wildlife manage12 ment scholarship shall be required to enter into an

13 obligated service agreement in which the recipient

14 agrees to accept employment with an Indian tribe, a

15 tribal organization, with the Bureau of Indian Af16 fairs, or with the United States Fish and Wildlife

17 Service for one year for each year the recipient re18 ceived scholarship assistance following completion of

19 the recipient’s course of study.

20 (3) The Secretary shall not deny scholarship as21 sistance under this subsection solely on the basis of

22 an applicant’s scholastic achievement if the applicant

23 has been admitted to and remains in good standing

24 in an accredited post-secondary or graduate institu25 tion.
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1 (b) FISH AND WILDLIFE EDUCATION OUTREACH.—

2 The Secretary shall conduct, with the full and active par3 ticipation of Indian tribes, a fish and wildlife and gather4 ing resource education outreach program to explain and

5 stimulate interest in all aspects of Indian fish and wildlife

6 management and to generate interest in careers as fish7 eries or wildlife biologists or management.

8 (c) POSTGRADUATE RECRUITMENT.—The Secretary

9 shall establish and maintain a program to attract profes10 sional Indian fish or wildlife biologists who have graduated

11 from post-secondary or graduate schools for employment

12 by Indian tribes, tribal organizations, the Bureau of In13 dian Affairs, or the United States Fish and Wildlife Serv14 ice in exchange for the Secretary’s assumption of all or

15 a portion of the employee’s outstanding student loans, de16 pending upon the period of employment involved.

17 (d) FISH AND WILDLIFE BIOLOGIST INTERN PRO18 GRAM.—

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

20 participation of Indian tribes, establish a Fish and

21 Wildlife Resources Intern Program for at least 20

22 Indian fish and wildlife intern positions. Such posi23 tions shall be in addition to the forester intern posi24 tions authorized in section 314(a) of the National

25 Indian Forest Resources Management Act (25
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1 U.S.C. 3113(a)). Individuals selected as interns shall

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

3 graduate schools in curricula leading to advanced de4 grees in fish or wildlife resource management-related

5 fields.

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

7 books, fees and living expenses incurred by Indian

8 fish and wildlife interns while attending approved

9 study programs.

10 (3) An Indian fish and wildlife resource intern

11 shall be required to enter into an obligated service

12 agreement to serve in a professional fish or wildlife

13 management-related capacity with an Indian tribe or

14 tribal organization, or with the Bureau of Indian Af15 fairs, or with a United States Fish and Wildlife

16 Service program serving or benefitting Indian fish

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

18 education for which the Secretary pays the intern’s

19 educational costs under this subsection (2).

20 (4) An Indian fish and wildlife resource intern

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

22 employing entity during any break in attendance at

23 school of more than 3 weeks duration. Time spent

24 in such service shall be counted toward satisfaction

25 of the intern’s obligated service agreement.
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1 (e) COOPERATIVE EDUCATION PROGRAM.—

2 (1) The Secretary shall maintain a cooperative

3 education program for the purpose of recruiting

4 promising Indian students who are enrolled in sec5 ondary schools, tribally controlled community col6 leges, and other post-secondary or graduate schools

7 for employment as professional fisheries or wildlife

8 biologists or other related professional positions with

9 an Indian tribe, tribal organization, the Bureau of

10 Indian Affairs, or with the United States Fish and

11 Wildlife Service serving or benefitting Indian lands.

12 (2) Under the program authorized in subsection

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

14 books and fees of an Indian student who is enrolled

15 in a course of study at an educational institution

16 with which the Secretary has entered into a coopera17 tive agreement, and who is interested in a career

18 with an Indian tribe, tribal organization, the Bureau

19 of Indian Affairs, or with the United States Fish

20 and Wildlife Service serving or benefitting Indian

21 lands.

22 (3) Financial need shall not be a requirement

23 to receive assistance under the program authorized

24 in subsection (1).
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1 (4) A recipient of assistance under the program

2 authorized in subsection (1) shall be required to

3 enter into an obligated service agreement to serve as

4 a professional fish or wildlife biologist or other relat5 ed professional with an Indian tribe, tribal organiza6 tion, the Bureau of Indian Affairs, or the United

7 States Fish and Wildlife Service, for one year for

8 each year that the Secretary pays the recipient’s

9 education costs pursuant to paragraph (2).

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

11 provide administrative oversight of the programs described

12 in this section until a sufficient number of personnel are

13 available to administer Indian fish and wildlife resource

14 management programs on Indian lands and resource man15 agement areas.

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

17 (1) OBLIGATED SERVICE.—Where an individual

18 enters into an agreement for obligated service in re19 turn for financial assistance under any provision of

20 this section, the Secretary shall adopt such regula21 tions as are necessary to provide for an offer of em22 ployment to the recipient of such assistance as re23 quired by such provision. Where an offer of employ24 ment is not reasonably made, the regulations shall

25 provide that such service shall no longer be required.
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1 (2) BREACH OF CONTRACT.—Where an individ2 ual fails to accept a reasonable offer of employment

3 in fulfillment of such obligated service or unreason4 ably terminates or fails to perform the duties of such

5 employment, the Secretary shall require a repayment

6 of the financial assistance provided, pro rated for

7 the amount of time of obligated service that was per8 formed, together with interest on such amount which

9 would be payable if at the time the amounts were

10 paid they were loans bearing interest at the maxi11 mum legal prevailing rate, as determined by the Sec12 retary of the Treasury.

13 INDIAN FISH HATCHERY ASSISTANCE PROGRAM

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

15 and active participation of Indian tribes, shall establish

16 and administer an Indian Fish Hatchery Assistance Pro17 gram to produce and distribute fish of the species, strain,

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

19 tribal hatcheries and enhance fisheries resources on Indian

20 lands to meet resource needs, including but not limited

21 to, Indian subsistence, ceremonial and commercial fish22 eries needs.

23 (b) REPORT.—Within one year of the date of enact24 ment of this Act, the Secretary, with the full and active

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

26 Congress identifying the facilities which comprise the In-
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1 dian Fish Hatchery Program, the maintenance, rehabilita2 tion, and construction needs of such facilities, and provid3 ing a plan for their administration and cost-effective oper4 ation.

5 (c) FISH HATCHERY MAINTENANCE AND REHABILI6 TATION.—Within one year of the date of the enactment

7 of this Act, the Secretary, with the full and active partici8 pation of Indian tribes, shall submit a report to the Con9 gress identifying maintenance and rehabilitation needs of

10 the facilities that comprise the Indian Fish Hatchery As11 sistance Program, identifying criteria and procedures to

12 be used in evaluating and ranking fish hatchery mainte13 nance and rehabilitation project proposals submitted by

14 Indian tribes.

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

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

17 funding agreement with the tribe pursuant to an Indian

18 Self-Determination Education and Assistance Act con19 tract, cooperative agreement, or grant, to plan, conduct

20 and administer the Indian Fish Hatchery Assistance Pro21 gram, or portions thereof.

22 (e) FISH HATCHERY OPERATING AGREEMENTS.—

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

24 one year of the date of the enactment of this Act, the enti25 ties owning or operating such hatcheries shall enter into
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1 agreements with the Secretary and the affected Indian

2 tribes specifying the manner in which each hatchery facil3 ity shall be operated so as to mitigate or recover Indian

4 fish resources subject to treaty fishing rights.

5 TITLE III—INDIAN BISON CONSERVATION AND

6 MANAGEMENT

7 INDIAN BISON CONSERVATION PROGRAM

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

9 into contracts with or make grants to Indian tribes and

10 tribal organizations to develop and maintain an Indian

11 Bison Conservation Program to meet tribal subsistence,

12 ceremonial, commercial, and resource needs.

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

14 section shall provide for the preservation, restoration, pro15 duction, care and management of bison.

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

17 to—

18 (1) develop and implement bison management

19 plans, surveys, and inventories;

20 (2) conduct research on bison populations and

21 habitat;

22 (3) undertake habitat restoration; and

23 (4) develop range ecology and conservation pro24 grams.
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1 INDIAN BISON RANCHING DEMONSTRATION PROJECTS

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

3 participation of Indian tribes, shall establish Indian Bison

4 Ranching Demonstration Projects to support Indian tribes

5 in their initiation, management, and maintenance of bison

6 ranching operations to meet tribal subsistence, ceremonial,

7 commercial, and resource needs.

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

9 this Act, the Secretary, with the full and active participa10 tion of Indian tribes, shall submit a report to the Congress

11 assessing the effectiveness of the Indian Bison Ranching

12 Demonstration Projects.

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

14 this Act, the Secretary shall, with the full and active par15 ticipation of Indian tribes, submit a report to the Congress

16 identifying criteria and procedures to be used in evaluat17 ing and ranking bison ranching operation maintenance

18 and rehabilitation project proposals submitted by Indian

19 tribes.

20 TITLE IV—NATIVE HAWAIIAN COMMUNITY21 BASED FISHERIES DEMONSTRATION PROJECTS

22 FINDINGS

23 SEC. 401. The Congress finds that—

24 (1) Native Hawaiians comprise a distinct and

25 unique indigenous people with a historical continuity
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1 to the original inhabitants of the Hawaiian archipel2 ago whose society was organized as a nation prior to

3 1893;

4 (2) at the time of the arrival of the first non5 indigenous people in 1778, the Native Hawaiian peo6 ple lived in a highly-organized, self-sufficient, sub7 sistence society based on a communal land tenure

8 system with a sophisticated language, culture, and

9 religion;

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

11 Hawaiian people have, since time immemorial, relied

12 on their surrounding fishery resources for basic sub13 sistence, economic, social, cultural, and spiritual sus14 tenance;

15 (4) the protection and preservation of Native

16 Hawaiian traditional fisheries practices including the

17 management and conservation of fisheries resources,

18 and enforcement of conservation measures, and the

19 adaption of such traditional practices consistent with

20 modern management and conservation principles,

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

22 people;

23 (5) Native Hawaiians have distinct rights rec24 ognized by federal law as beneficiaries of the Hawai25 ian Homes Commission Act of 1920 (42 Stat. 108)
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1 and of the Act entitled ‘‘An Act to provide for the

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

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

4 (6) the United States trust responsibility for

5 the lands set aside for the benefit of Native Hawai6 ians has never been extinguished; and

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

8 self-governance is recognized to extend to all Native

9 Americans, including Native Hawaiians.

10 PURPOSES

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

12 (1) to support and reaffirm Native Hawaiian

13 self-determination for the management, conserva14 tion, enforcement, and economic enhancement of tra15 ditional Native Hawaiian fisheries;

16 (2) to reaffirm and protect Native Hawaiian

17 fishing rights, and to provide for the planning, man18 agement, conservation, enhancement, orderly devel19 opment and wise use of the resources upon which

20 the meaningful exercise of such rights depends;

21 (3) to encourage communications and coopera22 tive agreements between State, Federal, and Native

23 Hawaiian entities responsible for multi-jurisdictional

24 fish resource decision-making; and

25 (4) to authorize and establish Native Hawaiian

26 community-based fisheries demonstration projects.
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1 DEFINITIONS

2 SEC. 403. For purposes of this title:

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

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

5 the waters surrounding the area that now comprises

6 the State of Hawaii.

7 (2) The term ‘‘Native Hawaiian’’ means any in8 dividual who is a descendant of the aboriginal Poly9 nesian people who, prior to 1778, occupied and exer10 cised sovereignty and self-determination in the area

11 that now comprises the State of Hawaii.

12 (3) The term ‘‘Native Hawaiian community13 based entity’’ means any entity or organization

14 which is composed primarily of Native Hawaiian

15 members from a specific community, which assists in

16 the social, cultural and economic development of the

17 Native Hawaiians in that community, and whose

18 stated purpose includes the protection and preserva19 tion of Native Hawaiian traditional fisheries prac20 tices.

21 (4) The term ‘‘Western Pacific Fishery Man22 agement Council’’ means the regional Council estab23 lished by section 302 of the Magnuson Fishery Con24 servation and Management Act with authority over

25 the fisheries in the Federal waters of the Exclusive
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1 Economic Zone surrounding American Samoa,

2 Guam, the State of Hawaii and the Commonwealth

3 of the Northern Mariana Islands.

4 (5) Unless otherwise indicated, all other defini5 tions contained in section 103 shall apply to this

6 title.

7 NATIVE HAWAIIAN COMMUNITY-BASED FISHERIES

8 DEMONSTRATION PROJECTS

9 SEC. 404. (a) DEMONSTRATION PROJECTS AUTHOR10 ITY.—The Secretary shall make a direct grant to the

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

12 in order that the Council may provide funding to Native

13 Hawaiian community-based entities for the purpose of es14 tablishing at least three, but not more than five, dem15 onstration projects to foster and promote the self-deter16 mination of Native Hawaiian communities over the man17 agement, conservation, enforcement and economic en18 hancement of Native Hawaiian fisheries.

19 (b) DUTIES AND RESPONSIBILITIES OF WESTERN

20 PACIFIC FISHERY MANAGEMENT COUNCIL.—The West21 ern Pacific Fishery Management Council shall—

22 (1) award, administer, and exercise oversight

23 responsibility over the grants authorized under this

24 title to qualified Native Hawaiian community-based

25 entities; and
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1 (2) submit an annual report to the Congress as2 sessing the status and progress of the demonstration

3 projects, including any obstacles experienced by the

4 demonstration projects which have impeded the pur5 poses of this title.

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

7 under this section shall foster and promote the self-deter8 mination of Native Hawaiian communities over the man9 agement, conservation, enforcement and economic en10 hancement of Native Hawaiian fisheries, and may include,

11 but not be limited to—

12 (1) the identification and application of tradi13 tional Native Hawaiian fishery management prac14 tices on a community-wide basis;

15 (2) the planning, development and application

16 of community-based enforcement plans in order to

17 protect and conserve off-shore and ocean resources,

18 and to enforce existing applicable State and Federal

19 laws, in cooperation with State and Federal entities;

20 (3) the development of community-based eco21 nomic enhancement fishery projects; and

22 (4) research, community education, and mate23 rials, including equipment, necessary to accomplish

24 the purposes of the demonstration projects under

25 this title.
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1 (d) ADMINISTRATIVE COSTS.—No more than 7 per2 cent of the funds appropriated to carry out the provisions

3 of this title for any fiscal year may be used for administra4 tive purposes by the Western Pacific Fishery Management

5 Council.

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

7 the purposes of this title, State and Federal agencies, in8 cluding the Western Pacific Fishery Management Council,

9 are authorized to assist the Native Hawaiian community10 based demonstration projects in meeting their technical

11 assistance and management needs, as determined by the

12 affected Native Hawaiian communities.

13 TITLE V—AUTHORIZATION OF

14 APPROPRIATIONS

15 There are authorized to be appropriated such sums

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

17 TITLE VI—MISCELLANEOUS PROVISIONS

18 REGULATIONS

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

20 the Secretary shall promulgate final regulations for the

21 implementation of this Act within 18 months following the

22 date of the enactment of this Act. All regulations promul23 gated pursuant to this Act shall be developed by the Sec24 retary with the full and active participation of the Indian

25 tribes.
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1 SEVERABILITY

2 SEC. 602. If any provision of this Act, or the applica3 tion of any provision of this Act to any person or cir4 cumstance, is held invalid, the application of such provi5 sion or circumstance and the remainder of this Act shall

6 not be affected thereby.

7 TRUST RESPONSIBILITY

8 SEC. 603. (a) In any departmental action which af9 fects Indian fish and wildlife resources, the Secretary shall

10 fully consult with and seek the participation of Indian

11 tribes in a manner consistent with the Federal trust re12 sponsibility and the government-to-government relation13 ship between Indian tribes and the Federal Government.

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

15 or expand the trust responsibility of the United States for

16 Indian natural resources, or any legal obligation or remedy

17 resulting therefrom.

18 TREATY OBLIGATIONS

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

20 diminish or adversely affect the rights of Indian tribes es21 tablished in existing Indian treaties or other Federal laws

22 or court decrees.

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