Calendar No. 524

103D CONGRESS

2D SESSION S. 1936

[Report No. 103–316]

A BILL

To provide for the integrated management of

Indian resources, and for other purposes.

JULY 18 (legislative day, JULY 11), 1994

Reported with an amendment
II

Calendar No. 524

103D CONGRESS

2D SESSION S. 1936

[Report No. 103–316]

To provide for the integrated management of Indian resources, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 16 (legislative day, FEBRUARY 22), 1994

Mr. MCCAIN (for himself, Mr. INOUYE, and Mr. CONRAD) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

JULY 18 (legislative day, JULY 11), 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 provide for the integrated management of Indian

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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Indian Integrated Re5 sources Management Planning Act’’.
2

•S 1936 RS

1 SEC. 2. DEFINITIONS.

2 As used in this Act:

3 (1) INDIAN LAND.—The term ‘‘Indian land’’

4 means all land that is—

5 (A) held in trust by the United States for

6 the benefit of an Indian tribe or an individual

7 Indian; or

8 (B) owned by an Indian or Indian tribe

9 and is subject to restrictions against alienation.

10 (2) INDIAN NATURAL RESOURCES.—The term

11 ‘‘Indian natural resources’’ includes forests, ranges,

12 wildlife, water, fisheries, soils, minerals, oil, gas,

13 coal, agriculture, recreation, archaeological re14 sources, historical resources, cultural resources, tra15 ditional resources, socioeconomic resources, and

16 threatened and endangered species.

17 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’

18 means any Indian tribe, band, nation, pueblo, or

19 other organized group or community, including any

20 Alaska Native Village or regional corporation as de21 fined in or established pursuant to the Alaska Na22 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

23 that is eligible for the special programs and services

24 provided by the United States to Indians because of

25 their status as Indians.
3

•S 1936 RS

1 (4) INTEGRATED RESOURCE MANAGEMENT

2 PLAN.—The term ‘‘integrated resource management

3 plan’’ means a plan developed by an Indian tribe

4 and approved by the Secretary pursuant to section

5 4—

6 (A) to assess available natural resources;

7 (B) to identify management objectives that

8 integrate—

9 (i) quality of life;

10 (ii) production goals;

11 (iii) preservation goals; and

12 (iv) landscape descriptions of the nat13 ural resources; and

14 (C) that encompasses tribal codes and spe15 cific natural resource management plans in ef16 fect on the date of enactment of this Act.

17 (5) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of the Interior.

19 SEC. 3. FINDINGS; PURPOSE.

20 (a) FINDINGS.—The Congress finds that—

21 (1) it is the policy of the United States to pro22 mote tribal self-determination and self-governance;

23 (2) the United States holds most Indian natural

24 resources in trust for the benefit of Indian tribes

25 and individuals;
4

•S 1936 RS

1 (3) it is consistent with the Federal trust re2 sponsibility and the policies of self-determination

3 and self-governance to promote increased tribal in4 volvement in the management and use of Indian

5 land and natural resources; and

6 (4) Indian tribes have among their principal

7 policy objectives, the management of their natural

8 resources in a manner that is consistent with the

9 cultural, social, and economic needs and values of

10 the tribes.

11 (b) PURPOSE.—It is the purpose of this Act—

12 (1) to authorize the Secretary to assist Indian

13 tribes in the development and implementation of in14 tegrated resource management plans;

15 (2) to ensure that the management of natural

16 resources on Indian land is conducted in a manner

17 that is consistent with tribal culture and values, ap18 plicable Federal laws, and the Federal trust respon19 sibility; and

20 (3) to promote and enhance tribal self-deter21 mination and self-governance by ensuring tribal con22 trol of natural resources and co-management by In23 dian tribes and the Secretary.
5

•S 1936 RS

1 SEC. 4. INDIAN NATURAL RESOURCE MANAGEMENT PLAN.

2 (a) IN GENERAL.—The Secretary shall establish and

3 carry out a program to assist Indian tribes to develop and

4 implement integrated natural resource management plans.

5 (b) ASSISTANCE.—

6 (1) IN GENERAL.—Upon the request of an In7 dian tribe, the Secretary shall provide assistance

8 under this subsection, including the transfer to the

9 tribe of all natural resources data, including maps

10 and other information held by the Secretary that re11 lates to land under the authority of the Indian tribe.

12 (2) GRANTS; CONTRACTS.—Upon the request of

13 an Indian tribe, the Secretary shall enter into a

14 grant, contract, or cooperative agreement with each

15 Indian tribe under the Indian Self-Determination

16 and Education Assistance Act (25 U.S.C. 450 et

17 seq.) to provide financial assistance to the Indian

18 tribe for the development of an integrated resource

19 management plan.

20 (c) DEVELOPMENT.—The process for plan develop21 ment shall include provisions for—

22 (1) a determination of the need for the plan;

23 (2) identification of short- and long-term goals;

24 (3) identification of the geographic area to be

25 included in the plan;

26 (4) identification of available and needed data;
6

•S 1936 RS

1 (5) identification of the natural resources exper2 tise needed prepare the plan;

3 (6) a determination of the time required for

4 data collection;

5 (7) a determination of the affected parties, in6 cluding landowners, lessees, and residents;

7 (8) public comment;

8 (9) identification and consideration of alter9 native plans;

10 (10) an estimation of the cost of plan develop11 ment;

12 (11) a list of resources to be included in the

13 plan;

14 (12) a list of resource management goals and

15 objectives; and

16 (13) compliance with applicable Federal and

17 tribal laws.

18 (d) APPROVAL BY SECRETARY.—

19 (1) SUBMISSION.—Upon completion of a plan,

20 an Indian tribe shall submit the plan to the Sec21 retary for approval.

22 (2) APPROVAL.—Not later than 6 months after

23 receipt of a plan, the Secretary shall approve or dis24 approve the plan. If the Secretary neither approves
7

•S 1936 RS

1 nor disapproves the plan, such inaction shall be

2 deemed to be an approval of the plan.

3 (3) DISAPPROVAL.—If the Secretary dis4 approves a plan, the Secretary shall state the rea5 sons for such disapproval and shall provide rec6 ommendations and technical assistance for plan revi7 sions.

8 (e) FORCE AND EFFECT.—An approved plan shall

9 govern all activities of the Indian tribe and the Secretary

10 with regard to matters included in the plan. The plan shall

11 take effect on the date of approval.

12 (f) AMENDMENTS.—

13 (1) IN GENERAL.—An Indian tribe may amend

14 the plan at any time consistent with this section.

15 (2) PUBLIC COMMENT.—Proposed amendments

16 shall be made available for public review and com17 ment.

18 (3) APPROVAL.—Upon approval by the Indian

19 tribe, proposed amendments shall be submitted to

20 the Secretary for approval in accordance with sub21 section (d).

22 SEC. 5. MANAGEMENT.

23 Consistent with the Indian Self-Determination and

24 Education Assistance Act (25 U.S.C. 450 et seq.), the

25 Secretary shall provide for the management of Indian nat-
8

•S 1936 RS

1 ural resources in a manner that is consistent with the ap2 proved integrated resource management plans.

3 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

4 There is authorized to be appropriated such sums as

5 are necessary to carry out this Act.

6 SECTION 1. SHORT TITLE.

7 This Act may be cited as the ‘‘Indian Integrated Re8 sources Management Planning Act of 1994’’.

9 SEC. 2. FINDINGS; PURPOSES.

10 (a) FINDINGS.—The Congress finds the following:

11 (1) It is the policy of the United States to pro12 mote tribal self-determination and self-governance.

13 (2) The United States holds most Indian lands

14 and natural resources in trust for the benefit of In15 dian tribes and individual Indians.

16 (3) The promotion of increased tribal involve17 ment in and control over the management and use of

18 Indian resources is consistent with the Federal trust

19 responsibility and the policies of self-determination

20 and self-governance with respect to Indian tribes.

21 (4) Among the principal policy objectives of In22 dian tribes are the management of resources of the

23 tribes in a manner that—

24 (A) is consistent with the cultural, social,

25 and economic needs and values of the tribes; and
9

•S 1936 RS

1 (B) will provide for the long-term sustain2 able management of such resources.

3 (5) Indian resources contain important biologi4 cal diversity and natural resources that have ecologi5 cal value.

6 (b) PURPOSES.—The purposes of this Act are as fol7 lows:

8 (1) To authorize the Secretary of the Interior to

9 assist Indian tribes in the development and imple10 mentation of integrated resource management plans.

11 (2) To ensure that the management of Indian re12 sources is conducted in a manner that is consistent

13 with tribal culture and values, applicable laws, and

14 the Federal trust responsibilities.

15 (3) To promote and enhance tribal self-deter16 mination and self-governance by ensuring tribal con17 trol of Indian resources and management by Indian

18 tribes with the assistance of the Secretary.

19 (4) To ensure that the management of Indian re20 sources is conducted in a sustainable manner that

21 provides for long-term conservation of biological di22 versity and ecological values and the protection of

23 public health.

24 SEC. 3. DEFINITIONS.

25 As used in this Act:
10

•S 1936 RS

1 (1) AFFECTED PARTY.—With respect to an inte2 grated resource management plan, the term ‘‘affected

3 party’’ means any person or entity with a real prop4 erty or an economic interest that could reasonably be

5 materially and adversely affected by the approval by

6 the Secretary of—

7 (A) an integrated resource management

8 plan under section 4(d); or

9 (B) a revision of the plan.

10 (2) INDIAN RESOURCES.—The term ‘‘Indian re11 sources’’ includes forests, rangelands, wildlife, water,

12 fisheries, soils, plants, minerals, oil, gas, coal, air, ag13 riculture, recreation, archaeological resources, histori14 cal resources, cultural resources, traditional resources,

15 and socioeconomic resources.

16 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’

17 means any Indian tribe, band, nation, pueblo, or

18 other organized group or community, that is eligible

19 for the special programs and services provided by the

20 United States to Indians because of their status as

21 Indians.

22 (4) INTEGRATED RESOURCE MANAGEMENT

23 PLAN.—The term ‘‘integrated resource management

24 plan’’ means a plan developed by an Indian tribe and

25 approved by the Secretary pursuant to section 4—
11

•S 1936 RS

1 (A) to assess the status of and threats to In2 dian resources;

3 (B) to identify management objectives that

4 integrate—

5 (i) quality of life;

6 (ii) sustainable resource use goals;

7 (iii) resource protection goals; and

8 (iv) landscape level conservation and

9 ecosystem management goals; and

10 (C) that includes applicable laws and spe11 cific resource management plans in effect on the

12 date of approval of the plan by the Secretary

13 pursuant to section 4(d).

14 (5) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of the Interior.

16 SEC. 4. INDIAN INTEGRATED RESOURCE MANAGEMENT

17 PLAN.

18 (a) IN GENERAL.—The Secretary shall establish and

19 carry out a program to assist Indian tribes in the develop20 ment and implementation of integrated resource manage21 ment plans.

22 (b) ASSISTANCE.—

23 (1) IN GENERAL.—Upon request by an Indian

24 tribe, the Secretary shall—
12

•S 1936 RS

1 (A) provide assistance, including technical

2 assistance, and

3 (B) transfer, on a nonreimbursable basis, to

4 the Indian tribe copies of all data, including

5 maps, reports, studies, and other information

6 held by the Secretary,

7 with respect to the Indian resources of the Indian

8 tribe.

9 (2) AVAILABILITY OF DATA.—If data or informa10 tion requested by an Indian tribe under paragraph

11 (1) is held by the head of a department or agency of

12 the Federal Government other than the Secretary, the

13 Secretary shall request the head of the department or

14 agency to make copies of such data or information

15 available to the Indian tribe or the Secretary on a

16 nonreimbursable basis.

17 (3) GRANTS; CONTRACTS.—Upon request by an

18 Indian tribe, the Secretary shall, subject to the avail19 ability of appropriations, make a grant, or enter into

20 a contract, cooperative agreement, or self-governance

21 compact with the Indian tribe under the Indian Self22 Determination and Education Assistance Act (25

23 U.S.C. 450 et seq.) to provide financial assistance to

24 the Indian tribe for the development and implementa25 tion of an integrated resource management plan.
13

•S 1936 RS

1 (c) DEVELOPMENT.—In developing an integrated re2 source management plan, an Indian tribe shall provide for

3 the following:

4 (1) A determination of the need for the plan by

5 the Indian tribe.

6 (2) The identification of the following:

7 (A) The geographic area to be included in

8 the plan.

9 (B) The available data, and data that is

10 needed, to develop the plan.

11 (C) The expertise needed to develop the

12 plan, including any technical assistance and co13 operation that the Indian tribe anticipates will

14 be provided by the Federal Government.

15 (D) Short-term and long-term goals for in16 tegrated resource management under the plan.

17 (3) An estimation of the following:

18 (A) The period of time required for data

19 collection to develop the plan.

20 (B) The cost of the development of the plan.

21 (4) A list of resources to be covered under the

22 plan.

23 (5) A determination of and the provision of writ24 ten notice to the affected parties under the plan, in25 cluding landowners, lessees, and residents. Such no-
14

•S 1936 RS

1 tice shall include a description of the manner in

2 which the parties may likely be affected by the plan.

3 (6) The development and implementation of a

4 process for soliciting and responding to the issues and

5 concerns of the affected parties referred to in para6 graph (5).

7 (7) The identification of resource management

8 goals and objectives.

9 (8) The identification of environmental, eco10 nomic, and cultural resource protection issues, oppor11 tunities, and constraints.

12 (9) The collection and analysis of data related to

13 Indian resources, including conducting inventories of

14 such resources.

15 (10) The identification and consideration of al16 ternative management approaches for Indian re17 sources.

18 (11) The selection of a recommended alternative

19 management approach referred to in paragraph (10).

20 (12) The development of a plan for implementing

21 the recommended alternative management approach

22 referred to in paragraph (11), including the following:

23 (A) Recommendations for—

24 (i) legal measures (including regu25 latory measures); and
15

•S 1936 RS

1 (ii) cooperative and comanagement

2 agreements.

3 (B) Changes to existing tribal laws, policies,

4 or management plans to achieve consistency with

5 the plan developed under this paragraph.

6 (C) A recommended process for evaluating

7 and monitoring the implementation of the plan

8 developed under this paragraph.

9 (D) An estimate of the cost of implementa10 tion of the plan.

11 (13) Compliance with all applicable laws.

12 (d) APPROVAL BY SECRETARY.—

13 (1) SUBMISSION.—Upon completion of the devel14 opment of an integrated resource management plan

15 by an Indian tribe pursuant to subsection (c), the

16 tribe shall submit the plan, together with a record of

17 any concerns of affected parties relating to the plan,

18 and any actions taken by the Indian tribe to address

19 such concerns, to the Secretary for approval.

20 (2) APPROVAL.—Not later than 180 days after

21 receipt of a plan pursuant to paragraph (1), the Sec22 retary shall approve or disapprove the plan.

23 (3) GROUNDS FOR DISAPPROVAL.—The Secretary

24 shall disapprove a plan only if the approval of such

25 plan would—
16

•S 1936 RS

1 (A) constitute, or result in a violation of an

2 applicable law; or

3 (B) be contrary to a Federal trust respon4 sibility.

5 (4) DISAPPROVAL.—If the Secretary disapproves

6 a plan submitted pursuant to paragraph (1), the Sec7 retary shall provide the Indian tribe a written notice

8 of the disapproval that—

9 (A) states the reasons for the disapproval;

10 and

11 (B) provides recommendations for revisions

12 to the plan.

13 (e) FORCE AND EFFECT.—

14 (1) IN GENERAL.—The Secretary and the Indian

15 tribe that develops an integrated resource manage16 ment plan that is approved by the Secretary under

17 subsection (d) shall carry out activities covered under

18 the plan in accordance with the plan.

19 (2) EFFECTIVE DATE OF PLAN.—An integrated

20 resource management plan approved by the Secretary

21 under subsection (d) shall take effect on the date of

22 approval.

23 (f) JUDICIAL REVIEW.—Any decision made by the Sec24 retary pursuant to this Act to approve an integrated re25 source management plan or to approve an amendment
17

•S 1936 RS

1 made to such plan shall constitute final agency action for

2 the purposes of chapter 7 of title 5, United States Code.

3 (g) AMENDMENTS.—

4 (1) IN GENERAL.—An Indian tribe may amend

5 an integrated resource management plan approved by

6 the Secretary under subsection (d) at any time after

7 the date of the approval in a manner consistent with

8 this section.

9 (2) PUBLIC COMMENT.—An Indian tribe shall

10 provide public notice, including notice to affected par11 ties and an opportunity for public comment on any

12 proposed amendment to an integrated resource man13 agement plan submitted to an Indian tribe or pro14 posed by an Indian tribe pursuant to this subsection.

15 (3) APPROVAL.—Upon approving a proposed

16 amendment, an Indian tribe shall submit the amend17 ment to the Secretary for approval. The procedure for

18 the submission and approval of an amendment to an

19 integrated resource management plan shall be the

20 same procedure as is provided for the submission and

21 approval of the plan under subsection (d).

22 SEC. 5. MANAGEMENT.

23 In a manner consistent with the Indian Self-Deter24 mination and Education Assistance Act (25 U.S.C. 450 et

25 seq.) and each integrated resource management plan ap-
18

•S 1936 RS

1 proved under section 4(d), the Secretary shall provide for,

2 and assist Indian tribes in carrying out, the protection and

3 management of Indian resources.

4 SEC. 6. REGULATIONS.

5 Not later than 2 years after the date of enactment of

6 this Act, the Secretary shall, with the participation of In7 dian tribes, prescribe regulations to carry out this Act.

8 SEC. 7. STATUTORY CONSTRUCTION.

9 (a) IN GENERAL.—Nothing in this Act may be con10 strued to modify or repeal any other Federal law governing

11 the protection and management of Indian resources.

12 (b) JURISDICTION.—Nothing in this Act may be con13 strued to authorize any expansion or change in the jurisdic14 tion of a Federal, State, or tribal government with respect

15 to the protection and management of Indian resources.

16 (c) FEDERAL TRUST RESPONSIBILITY.—Nothing in

17 this Act may be construed to enhance or diminish any Fed18 eral trust responsibility.

19 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated to the Depart21 ment of the Interior such sums as are necessary to carry

22 out this Act.

S 1936 RS——2