II 

108TH CONGRESS 

2D SESSION S. 2301 

To improve the management of Indian fish and wildlife and gathering 

resources, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2004 

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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Native American Fish and Wildlife Resources Manage6 ment Act of 2004’’. 

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

8 this Act is as follows: 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Findings. 

Sec. 102. Purposes. 

Sec. 103. Definitions. 
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TITLE II—TRIBAL FISH AND WILDLIFE PROGRAMS 

Sec. 201. Management of Tribal Fish and Wildlife Programs. 

Sec. 202. Education in Tribal Fish and Wildlife Resource Management. 

Sec. 203. Tribal Fish Hatchery Assistance Program. 

TITLE III—ALASKA NATIVE FISH AND WILDLIFE PROGRAMS 

Sec. 301. Management of Native Fish and Wildlife Programs in Alaska. 

Sec. 302. Subsistence Resources and Management Planning. 

Sec. 303. Alaska Native Seafood and Resource Marketing Assistance Program. 

TITLE IV—TRIBAL SEAFOOD AND RESOURCE MARKETING 

ASSISTANCE PROGRAM 

Sec. 401. Establishment of Tribal Seafood and Resource Marketing Assistance 

Program. 

Sec. 402. Market Development Loan and Grants Program. 

TITLE V—TRIBAL BUFFALO CONSERVATION AND MANAGEMENT 

[to be developed] 

TITLE VI—MISCELLANEOUS PROVISIONS. 

Sec. 601. Authorization of Appropriations. 

Sec. 602. Regulations. 

Sec. 603. Savings. 

Sec. 604. Severability. 

1 TITLE I—GENERAL PROVISIONS 

2 SEC. 101. FINDINGS. 

3 Congress finds that— 

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

5 government-to-government relationship; 

6 (2) Indian tribes exercise governmental author7 ity over their citizens and their lands, and retain all 

8 aspects of their inherent sovereignty not explicitly 

9 ceded to the United States; 

10 (3) the wise use and sustainable management of 

11 tribal fish and wildlife resources has a direct effect 

12 on the economic security and health and welfare of 

13 Indian tribes; 
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1 (4) Indian tribes retain the sovereign govern2 mental authority to exercise some aspects of civil ju3 risdiction over non-members on their reservations, 

4 including the exercise of some aspects of civil juris5 diction on non-trust lands; 

6 (5) Federal canons of construction require that 

7 any modification of a treaty must be expressly pro8 vided for by the Congress; 

9 (6) the United States has a trust responsibility 

10 to protect, conserve, and manage tribal natural re11 sources, including fish and wildlife and gathering re12 sources, consistent with the rights reserved by In13 dian tribes as reflected in treaties and other agree14 ments with the United States, and judicial decrees; 

15 (7) the United States trust responsibility ex16 tends to all Federal agencies and departments, and 

17 absent a clear expression of Congressional intent to 

18 the contrary, the United States has a duty to admin19 ister Federal fish and wildlife conservation laws and 

20 resource management programs in a manner con21 sistent with its fiduciary obligation to honor and 

22 protect the rights reserved by Indian tribes as re23 flected in treaties and other agreements with the 

24 United States, and judicial decrees; 
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1 (8) Federal statutes and regulations affecting 

2 tribal fish and wildlife resources and management 

3 activities shall be interpreted in accordance with 

4 long-standing principles of Federal-Indian law, stat5 utes, and judicial decrees which inform the relation6 ship between Indian tribal governments and the 

7 United States; 

8 (9) the United States recognizes that fish and 

9 wildlife resources located on tribal lands, in regional 

10 tribal resource management areas, and in ceded ter11 ritory in which hunting, fishing, and gathering 

12 rights reserved by Indian tribes in treaties and other 

13 agreements with the United States, and in judicial 

14 decrees, continue to provide sustenance, cultural en15 richment, and economic stability for Indian tribes 

16 through employment in resource management occu17 pations; 

18 (10) Indian tribal governments retain sovereign 

19 governmental authority and jurisdiction to regulate 

20 hunting and fishing activities on tribal lands as well 

21 as governmental authority to regulate the hunting 

22 and fishing activities of tribal citizens on lands out23 side of reservation boundaries; 

24 (11) Indian tribal governments serve as co25 managers of fish and wildlife resources with govern-
5 

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1 ments of other tribes, States, and the United States, 

2 sharing management responsibilities for fish and 

3 wildlife resources pursuant to treaties and agree4 ments with the United States, statutes, and judicial 

5 decrees; 

6 (12) since time immemorial, Indian cultures, re7 ligious beliefs and customs have centered around 

8 their relationships with fish, wildlife, and gathering 

9 resources, and Indian people have relied on these re10 sources for food, shelter, clothing, tools, and trade; 

11 (13) Indian fish and wildlife resources are re12 newable and manageable natural resources that are 

13 among the most valuable tribal assets and which are 

14 vital to the well-being of Indian people; 

15 (14) Indian lands contain millions of acres of 

16 natural lakes, woodlands, and impoundments, thou17 sand of perennial streams, and tens of millions of 

18 acres of wildlife habitat; 

19 (15) Indian and Alaska Native fish and wildlife 

20 programs contribute significantly to the conservation 

21 and enhancement of fish, wildlife, and gathering re22 sources, including those resources which are classi23 fied as threatened or endangered; 

24 (16) Federal, State, and tribal fish hatcheries 

25 produce tens of millions of salmon, steelhead, wall-
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1 eye, and other fish species annually, benefitting both 

2 Indian and non-Indian sport and commercial fish3 eries in the United States and Canada, and serving 

4 Indian subsistence and ceremonial needs; 

5 (17) Indian reservations and Alaska Native 

6 communities continue to suffer from the highest 

7 rates of unemployment in the nation, and the cur8 rent economic infrastructure and capital base of 

9 many tribes and Native communities does not pro10 vide adequate support to take advantage of economic 

11 opportunities; 

12 (18) comprehensive and improvement manage13 ment of Indian fish and wildlife resources will yield 

14 greater economic returns, enhance Indian self-deter15 mination, strengthen tribal self-governance, promote 

16 employment opportunities, and improve the social, 

17 cultural, and economic well-being of Indian and 

18 neighboring communities; 

19 (19) the United States has a responsibility to 

20 provide assistance to Indian tribes to— 

21 (A) enable integrated management and 

22 regulation of hunting, fishing, trapping, and 

23 gathering activities on tribal lands, including 

24 the protection, conservation, and enhancement 

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

2 depend; 

3 (B) develop integrated resource manage4 ment plans, cooperative management agree5 ments, and regulations addressing hunting, 

6 fishing, trapping, and gathering activities on 

7 tribal lands, including the protection, conserva8 tion, and enhancement of resource populations 

9 and habitats upon which the meaningful exer10 cise of subsistence activities depend; 

11 (C) maintain fish hatcheries and other fa12 cilities and structures required for the prudent 

13 management, enhancement, and mitigation of 

14 fish and wildlife resources; and 

15 (D) assist Indian tribal governments in de16 veloping and enhancing economic opportunities 

17 associated with the conservation and manage18 ment of fish and wildlife resources; 

19 (20) the United States is committed to the goal 

20 of supporting and enhancing tribal self-government, 

21 tribal self-sufficiency, and the economic development 

22 of Native communities as expressed through numer23 ous Federal statutes; and 

24 (21) while the existing network of Federal laws 

25 and programs provide a framework for the protec-
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1 tion and management of Indian fish and wildlife re2 sources, gathering resources, and the operation and 

3 maintenance of Indian fish production programs and 

4 facilities, an integrated and comprehensive approach 

5 to these programs will help to ensure the coordina6 tion of Federal agency activities with those of Indian 

7 tribal governments as well as the efficiency and ef8 fectiveness of Federal and tribal government pro9 grams. 

10 SEC. 102. PURPOSES. 

11 The purposes of this Act are— 

12 (1) to reaffirm and protect Indian hunting, 

13 fishing, trapping, and gathering rights, and to pro14 vide for the conservation, prudent management, en15 hancement, orderly development, and wise use of the 

16 resources upon which the meaningful exercise of In17 dian tribal rights depend; 

18 (2) to enhance and maximize tribal capability 

19 and capacity to meaningfully participate in man20 aging fish and wildlife resources for the continuing 

21 benefit of Indian people, and in co-managing shared 

22 resources for the benefit of the Nation, in a manner 

23 consistent with the exercise of tribal hunting, fish24 ing, trapping, and gathering rights and the United 

25 States trust responsibility to protect the rights re-
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1 served by Indian tribes in treaties with the United 

2 States and tribal resources; 

3 (3) to support the Federal policy of Indian self4 determination and tribal self-governance by author5 izing and encouraging government-to-government re6 lations and cooperative agreements amongst Federal, 

7 State, local, and tribal governments, as well as inter8 national agencies and commissions responsible for 

9 multijurisdictional decision-making regarding fish 

10 and wildlife resources; 

11 (4) to authorize and establish an Indian Fish 

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

14 hatchery needs and fulfill tribal co-management re15 sponsibilities; 

16 (5) to authorize and establish an Indian Fish 

17 and Wildlife Resource Management Education As18 sistance and Cooperative Research Unit Program to 

19 promote and develop full tribal technical capability 

20 and competence in managing fish and wildlife re21 source programs and to authorize the Secretary of 

22 the Interior, the Secretary of Commerce, the Sec23 retary of Agriculture, and other Federal agencies to 

24 enter into cooperative agreements with Indian tribal 

25 governments and tribal organizations, colleges, uni-
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1 versities, and nonprofit organizations for the admin2 istration of tribal fish and wildlife cooperative re3 search units; 

4 (6) to establish a buffalo conservation and man5 agement program; and 

6 (7) to authorize and establish an Indian Sea7 food and Resource Marketing Assistance Program 

8 within the Department of Commerce, to provide as9 sistance to and support for the efforts of tribal gov10 ernments to develop and enhance domestic and 

11 international markets for seafood, seafood products, 

12 and other natural resources. 

13 SEC. 103. DEFINITIONS. 

14 For purposes of this Act— 

15 (1) the term ‘‘Bureau’’ means the Bureau of 

16 Indian Affairs within the U.S. Department of the 

17 Interior; 

18 (2) the term ‘‘ceded territory’’ means land 

19 ceded by an Indian tribe or tribes in a treaty with 

20 the United States upon which the tribe or tribes re21 tain hunting, fishing, and gathering rights; 

22 (3) the terms ‘‘co-management’’ or ‘‘cooperative 

23 management’’ mean a process involving two or more 

24 governments or governmentally-chartered entities 

25 jointly exercising their respective jurisdiction over or 
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1 responsibilities for the management or use of a fish 

2 or wildlife resource during some phase of the life 

3 cycle of that resource; 

4 (4) the term ‘‘cooperative agreement’’ means a 

5 written agreement entered into by two or more gov6 ernments or parties agreeing to work together to ac7 tively protect, conserve, enhance, restore, or other8 wise manage fish and wildlife resources; 

9 (5) the term ‘‘Indian fish hatchery’’ means any 

10 single-purpose or multi-purpose facility in which the 

11 spawning, hatching, rearing, holding, caring for, or 

12 stocking of fish takes place including related re13 search and diagnostic fish health facilities, and 

14 which is— 

15 (A) owned or operated by an Indian tribal 

16 government, the Bureau of Indian Affairs, or 

17 the U.S. Fish and Wildlife Service on Indian 

18 lands; 

19 (B) owned or operated by any government 

20 agency pursuant to Federal statute and has as 

21 one of its purposes the mitigation, compensa22 tion, restoration, or recovery of fish resources 

23 subject to reserved tribal treaty rights and for 

24 which an Indian tribe has entered into a coop25 erative agreement or for which an Indian tribe 
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1 has petitioned the administering agency to 

2 enter into a cooperative agreement for the co3 management of fish resources; 

4 (C) owned or operated by a State govern5 ment or a State institution of higher education, 

6 and for which an Indian tribe or tribes have en7 tered into a cooperative management agree8 ment; 

9 (6) the term ‘‘fish hatchery maintenance’’ 

10 means work that is required at periodic intervals to 

11 prolong the life of a fish hatchery, hatchery compo12 nents, and associated equipment, in order to prevent 

13 the need for premature replacement or repair; 

14 (7) the term ‘‘fish hatchery rehabilitation’’ 

15 means non-cyclical work that is required to address 

16 the physical deterioration and functional obsoles17 cence of a fish hatchery building, structure, or other 

18 facility component, or to repair damage, or to repair 

19 damage resulting from aging, natural phenomena, 

20 and other causes, including work to repair, modify, 

21 or improve facility components to enhance their 

22 original function, the application of technological ad23 vances, and the replacement or acquisition of capital 

24 equipment, such as, among others, fish distribution 

25 tanks, vehicles, and standby generators; 
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1 (8) the term ‘‘forest land management activity’’ 

2 has the same meaning given to such term in section 

3 304(4) of the Indian Forest Resources Management 

4 Act (25 U.S.C. 3103(4)); 

5 (9) the term ‘‘Indian’’ means a member of an 

6 Indian tribe as defined in section 4 of the Indian 

7 Self-Determination and Education Assistance Act 

8 (25 U.S.C. 450b(d)); 

9 (10) the term ‘‘Indian fish and wildlife organi10 zation’’ means a commission, authority, or other en11 tity chartered by one or more Indian tribal govern12 ments for the purpose of representing or coordi13 nating tribal interests in pursuing resource manage14 ment or rights protection goals and strategies; 

15 (11) the term ‘‘Indian fish and wildlife’’ means 

16 any species of animal or plant life for which Indians 

17 have a right to fish, hunt, trap, or gather for sub18 sistence, ceremonial, recreational, or commercial 

19 purposes, or for which an Indian tribal government 

20 has management or co-management responsibilities; 

21 (12) the term ‘‘Indian lands’’ means all land 

22 within the limits of any Indian reservation which is 

23 held in trust by the United States, a former Indian 

24 reservation in the State of Oklahoma, dependent In25 dian communities within the borders of the United 
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1 States whether within or without the limits of a 

2 State, and all Indian allotments for which there is 

3 a restriction against alienation; 

4 (13) the term ‘‘Indian reservation’’ means any 

5 reservation of land for an Indian tribe established 

6 pursuant to treaties, Acts of Congress or Executive 

7 Orders, public domain Indian allotments, former In8 dian reservations in Oklahoma, and dependent In9 dian communities within the borders of the United 

10 States whether within or without the limits of a 

11 State; 

12 (14) the term ‘‘Indian tribe’’ means an Indian 

13 tribe as defined in section 4 of the Indian Self-De14 termination and Education Assistance Act (25 

15 U.S.C. 450b(e)), which is recognized as eligible for 

16 the special programs and services provided by the 

17 United States to Indians because of their status as 

18 Indians; 

19 (15) the term ‘‘integrated resource management 

20 plan’’ means a plan developed pursuant to the proc21 ess used by a tribal government to assess resources 

22 and to identify comprehensive management objec23 tives including the quality of life, production goals, 

24 and landscape descriptions of all designated re25 sources that may include, but are not limited to, 
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1 water, fish, wildlife, forestry, agriculture, minerals, 

2 recreation, community, and municipal resources, and 

3 may include tribal codes and plans related to such 

4 resources; 

5 (16) the term ‘‘regional resource management 

6 areas’’ means those areas in which an Indian tribal 

7 government as a right to fish, hunt, gather, or trap 

8 for subsistence, ceremonial, or commercial purposes, 

9 or in which an Indian tribal government has man10 agement or co-management responsibilities; 

11 (17) the term ‘‘reserved rights’’ means those 

12 rights and authorities of an Indian tribal govern13 ment retained by the Indian tribe in treaties with 

14 the United States, including the right to continue to 

15 harvest natural resources within ceded lands and 

16 customary use areas and the access necessary to ex17 ercise those rights; 

18 (18) the term ‘‘resource management activities’’ 

19 means all activities performed in managing tribal 

20 fish, wildlife, gathering, and related outdoor recre21 ation and resources, including but not limited to— 

22 (A) the conduct of fish and wildlife popu23 lation and life history investigations, habitat in24 vestigations, habitat mitigation, enhancement, 
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1 rehabilitation and restoration projects and pro2 grams, harvest management, and use studies; 

3 (B) the development and implementation 

4 of surveys, inventories, geographic information 

5 system programs, and integrated resource man6 agement plans for Indian lands, regional re7 source management areas or traditional use 

8 areas; 

9 (C) fish production and hatchery manage10 ment; 

11 (D) the development, implementation, and 

12 enforcement of tribal fish and wildlife codes, or13 dinances and regulations; 

14 (E) the development of tribal conservation 

15 programs, including employment and training 

16 of tribal conservation enforcement officers; 

17 (F) judicial services; 

18 (G) public use and information manage19 ment and general administration; and 

20 (H) participation in joint or cooperative 

21 management of fish and wildlife resources on a 

22 regional basis with Federal, State, tribal, local, 

23 or international authorities; 

24 (19) the term ‘‘Secretary’’ means the Secretary 

25 of the U.S. Department of the Interior; 
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1 (20) The term ‘‘seafood’’ means any plant or 

2 animal that may be gathered, collected, or harvested 

3 in marine or fresh water; 

4 (21) The term ‘‘traditional use area’’ means 

5 lands that Indian tribes and their members have his6 torically, culturally, and geographically used for spir7 itual, social, political, economic, and sustenance pur8 poses; 

9 (22) The term ‘‘tribal co-management’’ means 

10 the sharing of decision-making, resource informa11 tion, and management responsibilities with one or 

12 more governments in local, regional, national, and 

13 international fish and wildlife resource management 

14 processes; 

15 (23) The term ‘‘tribal government’’ means the 

16 governing body of an Indian tribe; and 

17 (24) The term ‘‘tribal organization’’ has the 

18 meaning given to such term in section 4 of the In19 dian Self-Determination and Educational Assistance 

20 Act (25 U.S.C. 450b), including tribal fish and wild21 life organizations. 
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1 TITLE II—TRIBAL FISH AND 

2 WILDLIFE PROGRAMS 

3 TRIBAL MANAGEMENT OF INDIAN FISH, WILDLIFE, AND

4 GATHERING RESOURCES

5 SEC. 201. MANAGEMENT OBJECTIVES. 

6 (a) Consistent with provisions of the Indian Self-De7 termination and Educational Assistance Act (25 U.S.C. 

8 450b et seq.), the Secretary shall support tribal adminis9 tration of Indian fish and wildlife resource management 

10 activities to achieve the following objectives: 

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

12 relationship between Indian tribal governments and 

13 the United States in the management of Indian fish 

14 and wildlife resources. 

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

16 gathering rights reserved by Indian tribe in treaties 

17 with the United States, or guaranteed to Indian 

18 tribes by the United States through statute, Execu19 tive Order, or court decree. 

20 (3) To provide for the development and en21 hancement of the capacities of Indian tribal govern22 ments to manage Indian fish and wildlife resources. 

23 (4) To protect, conserve and enhance Indian 

24 fish and wildlife resources that are important to the 
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1 subsistence, cultural enrichment, and economic de2 velopment of Indian communities. 

3 (5) To promote the development and use of In4 dian fish and wildlife resources for the maximum 

5 benefit of Indian people, by managing tribal re6 sources in accordance with tribally-developed inte7 grated resource management plans which provide for 

8 the comprehensive management of all natural re9 sources. 

10 (6) To selectively develop and increase produc11 tion of certain fish and wildlife resources. 

12 (7) To support the inclusion of tribal co-man13 agement or cooperative activities in local, regional, 

14 national, or international decision-making processes 

15 and forums. 

16 (8) To develop and increase the production of 

17 fish, wildlife, and gathering resources so as to better 

18 meet tribal subsistence, ceremonial, recreational, and 

19 commercial needs. 

20 (b) MANAGEMENT PROGRAM.— 

21 (1) In order to achieve the objectives set forth 

22 in subsection (a), the Secretary, in full consultation 

23 with Indian tribal governments and tribal organiza24 tions, shall establish the Tribal Fish and Wildlife 

25 Resource Management Program which shall be ad-
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1 ministered consistent with the provisions of the In2 dian Self-Determination and Educational Assistance 

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

4 (2) The Secretary shall promote tribal manage5 ment of tribal fish, wildlife, trapping, and gathering 

6 resources, and implementation of this Act, through 

7 contracts, cooperative agreements, or grants under 

8 the Indian Self-Determination and Educational As9 sistance Act (25 U.S.C. 450b et seq.), or other Fed10 eral laws. 

11 (3) Upon the request of an Indian tribal gov12 ernment or tribal organization, the Secretary shall 

13 enter into a contract, cooperative agreement, or a 

14 grant under the Indian Self-Determination and Edu15 cational Assistance Act with the tribal government 

16 or tribal organization to plan, conduct, or administer 

17 any program of the Department of the Interior, or 

18 portion thereof, which affects tribal fish and wildlife 

19 resources and which is currently administered by the 

20 Secretary without regard to the agency or office of 

21 the Department of the Interior or the organizational 

22 level within the Department. 

23 (4) Upon the request of an Indian tribal gov24 ernment or tribal organization, the Secretary shall 

25 enter into a cooperative agreement with the tribal 
21 

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1 government or tribal organization to address man2 agement issues affecting tribal fish and wildlife re3 sources. 

4 (c) MANAGEMENT ACTIVITIES.—Tribal fish and wild5 life resource management activities carried out under the 

6 program established in subsection (b) may include, but 

7 shall not be limited to— 

8 (1) the conduct of fish and wildlife population 

9 and life history investigations, habitat investigations, 

10 habitat mitigation, enhancement, rehabilitation and 

11 restoration projects and programs, harvest manage12 ment, and use studies; 

13 (2) the development and implementation of in14 tegrated resource management plans for tribal lands 

15 or regional resource management areas, surveys, and 

16 inventories; 

17 (3) fish production and hatchery management; 

18 (4) the development, implementation, and en19 forcement of tribal fish and wildlife codes, ordi20 nances, and regulations; 

21 (5) the development of tribal conservation pro22 grams, including employment and training of tribal 

23 conservation enforcement officers; 

24 (6) judicial services; 
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1 (7) public use and information management 

2 and general administration; and 

3 (8) participation in joint or cooperative man4 agement of fish and wildlife resources on a regional 

5 basis with Federal, State, tribal, and local or inter6 national authorities. 

7 (d) SURVEY AND REPORT.— 

8 (1) Upon the request of an Indian tribal gov9 ernment, the Secretary shall cause to be conducted 

10 a survey for the reservation of that tribal govern11 ment, which shall include but not be limited to— 

12 (A) a review of existing tribal codes, ordi13 nances, and regulations governing the manage14 ment of fish and wildlife resources; 

15 (B) an assessment of the need to update 

16 and revise tribal codes, ordinances, and regula17 tions governing tribal fish and wildlife resource 

18 protection and use; 

19 (C) a determination and documentation of 

20 the needs for tribal conservation officers, tribal 

21 fisheries, and wildlife biologists, and other pro22 fessionals to administer tribal fish and wildlife 

23 resources management programs; 

24 (D) an assessment of the need to provide 

25 training to and develop curricula for tribal fish 
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1 and wildlife resource personnel, including tribal 

2 conservation officers, tribal fisheries, and wild3 life biologists, and other professionals to admin4 ister tribal fish and wildlife resource manage5 ment programs; 

6 (E) an assessment of the need for training 

7 of Federal agency staff in matters pertaining to 

8 Federal-tribal relations and the significance of 

9 fish and wildlife to tribal communities; 

10 (F) an assessment of the effects of Federal 

11 resource management activities on tribal fish 

12 and wildlife resources; and 

13 (G) a determination and documentation of 

14 the condition of tribal fish and wildlife re15 sources. 

16 (2) The Secretary is authorized to enter into 

17 contracts or provide grants to Indian tribal govern18 ments or tribal organizations under the authority of 

19 the Indian Self-Determination and Educational As20 sistance Act for the purpose of carrying out the sur21 vey. 

22 (3) Within one year of the date of enactment of 

23 this Act, the Secretary shall submit to the Congress 

24 a report on the results of the survey conducted 

25 under the authority of subsection (1) of this section. 
24 

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1 (e) TRIBAL FISH AND WILDLIFE RESOURCE MAN2 AGEMENT PLANS.— 

3 (1) In order to fulfill the management objec4 tives set forth in subsection (a), a tribal fish and 

5 wildlife resource management plan shall be devel6 oped and implemented in the following manner: 

7 (A) pursuant to a self-determination con8 tract or self-governance compact under the au9 thority of the Indian Self-Determination and 

10 Education Assistance Act, an Indian tribal gov11 ernment may develop or implement a tribal fish 

12 and wildlife management plan. 

13 (B) Subject to the provisions of subpara14 graph (C), the tribal government shall have 

15 broad discretion in designing and carrying out 

16 the planning process. 

17 (C) If a tribal government elects not to 

18 contract for the development or implementation 

19 of a tribal fish and wildlife management plan, 

20 the Secretary shall develop and implement the 

21 plan in consultation with the affected tribal 

22 government. 

23 (D) Whether developed directly by the trib24 al government or by the Secretary, the plan 

25 shall— 
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1 (i) determine the condition of fish and 

2 wildlife resources and habitat conditions; 

3 (ii) identify specific tribal fish and 

4 wildlife resources goals and objectives; 

5 (iii) establish management objectives 

6 for fish and wildlife resources; 

7 (iv) define critical values of the tribal 

8 government and its members and provide 

9 for comprehensive management objectives; 

10 (v) be developed through public meet11 ings; 

12 (vi) use the public meeting records, 

13 existing survey documents, reports, and 

14 other research from Federal agencies and 

15 tribal colleges, State or community col16 leges, or other tribal education or research 

17 institutions; and 

18 (vii) be completed within three years 

19 of the initiation of activity to establish the 

20 plan. 

21 (2) Tribal fish and wildlife management plans 

22 developed and approved under this section shall gov23 ern the management and administration of tribal 

24 fish and wildlife resources by the Bureau of Indian 

25 Affairs and the Indian tribal government. 
26 

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1 (f) TRIBAL MANAGEMENT IN REGIONAL RESOURCE

2 MANAGEMENT AREAS.— 

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

4 forth in section 210(a), the Secretary and the Secre5 taries of Commerce and Agriculture shall review ex6 isting programs involving the multi-jurisdictional 

7 management of fish, wildlife and gathering resources 

8 in regional resource management areas, for the pur9 pose of determining the need for Indian representa10 tion, program adequacy and staffing needs to appro11 priately represent the interests of member tribes. 

12 (2) CONTRACTS OR GRANTS.—The Secretary is 

13 authorized to enter into contracts or provide grants 

14 to Indian tribal governments or tribal organizations 

15 under the authority of the Indian Self-Determination 

16 and Educational Assistance Act for the purpose of 

17 completing this review. 

18 (3) REPORT.—Within one year of the date of 

19 enactment of this Act, the Secretary, in consultation 

20 with the Secretaries of Commerce and Agriculture, 

21 shall submit a report to the Congress based upon 

22 the review conducted under subsection (1) of this 

23 section assessing fish and wildlife program adequacy 

24 and staff needs, and the condition of fish and wild-
27 

•S 2301 IS 

1 life resources in regional resource management 

2 areas. 

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

4 provide financial and technical assistance to enable Indian 

5 tribal governments to— 

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

7 and regulations governing tribal fish and wildlife re8 source protection and use; 

9 (2) employ tribal conservation officers, tribal 

10 fisheries and wildlife biologists, and other profes11 sionals to administer Indian fish and wildlife re12 source management programs; 

13 (3) providing training for tribal fish and wildlife 

14 resource personnel including tribal conservation offi15 cers under a curriculum that incorporates law en16 forcement, fish and wildlife conservation, identifica17 tion and resource management principles and tech18 niques; and 

19 (4) enable tribal governments and tribal con20 servation agencies to enter into cooperative law en21 forcement agreements, which may include provisions 

22 for additional training and cross-deputization of 

23 tribal law enforcement staff, with local, State, and 

24 Federal jurisdiction for the enforcement of laws and 

25 regulations pertaining to fish and wildlife resources. 
28 

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1 (h) FEDERAL ACTIVITIES.— 

2 (1) CONSULTATION AND COORDINATION.—In 

3 conducting management activities under their re4 spective authorities, the Secretary, in coordination 

5 with the Secretaries of Commerce and Agriculture, 

6 shall— 

7 (A) consult with and seek the participation 

8 of Indian tribal governments on matters affect9 ing tribal fish and wildlife resources in a man10 ner consistent with the United States trust re11 sponsibility and the government-to-government 

12 relationship between Indian tribal governments 

13 and the United States; 

14 (B) ensure that Federal agency staff are 

15 adequately trained in issues pertaining to im16 pacts of agency actions on tribal fish and wild17 life resources; 

18 (C) investigate opportunities for Indian 

19 tribal governments to perform land manage20 ment activities on Federal land which affect 

21 tribal fish and wildlife resources; 

22 (D) develop a formal, written assessment 

23 of how Federal resource management activities 

24 are affecting tribal use of and access to tribal 

25 fish and wildlife resources; and 
29 

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1 (E) include rights reserved by tribal gov2 ernments in treaties with the United States in 

3 assessments of environmental baselines. 

4 (2) PROTECTION OF INFORMATION.—Notwith5 standing any other provision of law, the Secretary 

6 shall not disclose, nor cause the disclosure of any in7 formation conveyed to an agency under the Sec8 retary’s administrative responsibilities pursuant to 

9 this Act to any person, party, or entity, including 

10 other Federal agencies, that is made available to the 

11 Secretary by an Indian tribal government or a mem12 ber of an Indian tribe and which is— 

13 (A) related to the administration of the 

14 United States trust responsibility for Indian 

15 lands and resources; and 

16 (B) declared by the tribal government or 

17 individual member of an Indian tribe to be cul18 turally-sensitive, proprietary, or in any manner 

19 confidential. 

20 (3) FEES AND ACCESS.—Upon the request of 

21 an Indian tribal government, the Secretary and the 

22 Secretary of Agriculture are authorized to— 

23 (A) provide fish and wildlife resources to 

24 an Indian tribal government from Federal lands 

25 administered by agencies under their respective 
30 

•S 2301 IS 

1 administrative responsibility without permit or 

2 charge to the Indian tribe having an historical 

3 relationship to such lands, so long as— 

4 (i) an agreement is entered into be5 tween the Indian tribal government and 

6 the Secretary or Secretary of Agriculture 

7 which contains sufficient information and 

8 conditions regarding the location, quantity, 

9 timing, and methods associated with the 

10 provision of fish and wildlife resources to 

11 ensure compatibility with applicable agency 

12 management plans; and 

13 (ii) the request does not adversely af14 fect the ability of the agency to carry out 

15 its responsibilities under the applicable 

16 management plan; 

17 (B) provide access to Federal lands under 

18 their respective administrative responsibility for 

19 tribal traditional cultural or customary pur20 poses without permit or fee; and 

21 (C) temporarily close to general public use, 

22 one or more specific portions of Federal lands 

23 under their respective administrative responsi24 bility in order to protect the privacy of the ac25 tivities referenced in subsection (B), provided 
31 

•S 2301 IS 

1 that any such closure shall be limited to the 

2 smallest practicable area for the minimum pe3 riod necessary in a manner consistent with the 

4 purpose and intent of the American Indian Re5 ligious Freedom Act (42 U.S. C. 1996). 

6 (4) EFFECT ON EXISTING RIGHTS.—Nothing in 

7 this section shall be construed to limit, modify, or 

8 amend existing rights of any Indian tribal govern9 ment under treaty, statute, or other agreement to 

10 access and use fish and wildlife resources. 

11 SEC. 202. EDUCATION IN TRIBAL FISH AND WILDLIFE RE12 SOURCE MANAGEMENT. 

13 (a) COOPERATIVE RESEARCH AND TRAINING PRO14 GRAM.— 

15 (1) The Secretary, the Secretary of Agriculture, 

16 the Secretary of Commerce, or other Federal agen17 cies as appropriate, are authorized to enter into co18 operative agreements with colleges and universities, 

19 tribal community colleges, Indian tribal govern20 ments, and tribal organizations, and with nonprofit 

21 organizations, for the establishment of cooperative 

22 research and training units. 

23 (2) In order to facilitate the full development of 

24 research and training units and to support the edu25 cational objectives of this title, the Secretary, and 
32 

•S 2301 IS 

1 the Secretaries of Agriculture and Commerce, as 

2 well as other Federal agencies, shall— 

3 (A) assign appropriate scientific personnel 

4 to serve at the cooperative unit, through the 

5 agreement of the cooperating parties; 

6 (B) apply Indian preference in hiring poli7 cies; 

8 (C) provide financial assistance, including 

9 reasonable compensation, for the work of re10 searchers on fish and wildlife ecology and re11 source management projects funded under this 

12 Act or other authorizing legislation; 

13 (D) supply equipment for the use of coop14 erative unit operations; 

15 (E) provide for the incidental expenses of 

16 Federal personnel and employees of cooperating 

17 tribal governments and tribal organizations as18 sociated with cooperative units; and 

19 (F) integrate cooperative research unit 

20 programs with the training and educational op21 portunities and programs of Indian community 

22 colleges to the greatest extent possible. 

23 (b) SCHOLARSHIP PROGRAM.— 

24 (1) The Secretary is authorized to provide nat25 ural resource management scholarships to Indians 
33 

•S 2301 IS 

1 enrolled as full-time students in accredited programs 

2 for post-secondary and graduate natural resource 

3 management-related fields of study. 

4 (2) A natural resource management scholarship 

5 recipient shall be required to enter into an obligated 

6 service agreement in which the recipient agrees to 

7 accept employment, following the completion of the 

8 recipient’s course of study, with an Indian tribal 

9 government, a tribal organization, the Bureau of In10 dian Affairs, or the U.S. Fish and Wildlife Service 

11 for one year for each year the recipient receives 

12 scholarship assistance. 

13 (3) The Secretary shall not deny scholarship as14 sistance under this subsection solely on the basis of 

15 an applicant’s scholastic achievement if the applicant 

16 has been admitted to and remains in good standing 

17 in an accredited post-secondary or graduate institu18 tion. 

19 (c) FISH AND WILDLIFE EDUCATION OUTREACH.— 

20 The Secretary shall conduct, with the full and active par21 ticipation of Indian tribal governments, a natural resource 

22 education outreach program to explain and stimulate in23 terest in all aspects of tribal natural resource management 

24 and to generate interest in natural resource management 
34 

•S 2301 IS 

1 careers, such as fisheries or wildlife biologists or in natural 

2 resource management. 

3 (d) POSTGRADUATE RECRUITMENT.—The Secretary 

4 shall establish and maintain a program to attract profes5 sional Indian fish and wildlife biologists, as well as profes6 sionals in other natural resource management fields, who 

7 have graduated from post-secondary institutions or grad8 uate schools for employment by Indian tribal governments, 

9 tribal organizations, the Bureau of Indian Affairs, or the 

10 U.S. Fish and Wildlife Service, in exchange for the Sec11 retary’s assumption of all or a portion of the professional’s 

12 outstanding educational loans, depending upon the period 

13 of employment. 

14 (e) FISH AND WILDLIFE BIOLOGIST INTERN PRO15 GRAM.— 

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

17 participation of Indian tribal governments, establish 

18 a Fish and Wildlife Resources Intern Program for at 

19 least 20 Indian fish and wildlife resources intern po20 sitions. 

21 (A) Intern positions shall be in addition to 

22 the forester intern positions authorized in sec23 tion 314(a) of the National Indian Forest Re24 sources Management Act (25 U.S.C. 3113(a)). 
35 

•S 2301 IS 

1 (B) Individuals selected to participate in 

2 the intern program shall be enrolled full-time in 

3 approved post-secondary institutions or grad4 uate schools in curricula leading to advanced 

5 degrees in natural resource management-related 

6 fields. 

7 (C) The Secretary shall pay all costs of 

8 tuition, books, fees, and living expenses in9 curred by Indian interns in natural resource 

10 management programs while attending ap11 proved study programs. 

12 (D) An Indian fish and wildlife resources 

13 intern shall be required to enter into an obli14 gated service agreement to serve in a profes15 sional fish or wildlife resources management-re16 lated capacity with an Indian tribal govern17 ment, a tribal organization, the Bureau of In18 dian Affairs, or a U.S. Fish and Wildlife Serv19 ice program serving tribal fish and wildlife re20 sources management objectives, for one year for 

21 each year of education for which the Secretary 

22 assumes the intern’s educational costs under 

23 subsection (2). 

24 (E) An Indian fish and wildlife resources 

25 intern shall be required to report for service to 
36 

•S 2301 IS 

1 the employing entity during any break in the 

2 intern’s course of study of more than 3 weeks 

3 duration. Time spent in such service shall be 

4 counted toward satisfaction of the intern’s obli5 gated service. 

6 (f) COOPERATIVE EDUCATION PROGRAM.— 

7 (1) The Secretary shall maintain a cooperative 

8 education program for the purpose of recruiting 

9 promising Indian students who are enrolled in sec10 ondary schools, tribal colleges, community colleges, 

11 and other post-secondary institutions or graduate 

12 schools for employment as professional fisheries or 

13 wildlife biologists or other resource management re14 lated professional positions with an Indian tribal 

15 government, a tribal organization, the Bureau of In16 dian Affairs, or with the U.S. Fish and Wildlife 

17 Service serving or benefitting Indian lands. 

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

19 books, and fees of an Indian student who is enrolled 

20 in a course of study at an educational institution 

21 with which the Secretary has entered into a coopera22 tive agreement, and who is interested in pursuing a 

23 career with an Indian tribal government, tribal orga24 nization, the Bureau of Indian Affairs, or the U.S. 
37 

•S 2301 IS 

1 Fish and Wildlife Service serving or benefitting In2 dian lands. 

3 (3) Financial need shall not be a requirement 

4 to receive assistance under the program authorized 

5 in paragraph (1). 

6 (4) A recipient of assistance under the program 

7 authorized in paragraph (1) shall be required to 

8 enter into an obligated service agreement to serve as 

9 professional fish or wildlife biologist or other re10 source management related professional with an In11 dian tribal government, a tribal organization, the 

12 Bureau of Indian Affairs, or the U.S. Fish and 

13 Wildlife Service, for one year for each year that the 

14 Secretary assumes the recipient’s educational costs 

15 pursuant to paragraph (2). 

16 (g) PUBLIC EDUCATION REGARDING TRIBAL FISH

17 AND WILDLIFE RESOURCES.— 

18 (1) The Secretary is authorized to establish 

19 within the Secretary’s office the position of Tribal 

20 Education Coordinator to— 

21 (A) enhance communications between In22 dian tribal governments and the United States 

23 relating to the management of tribal fish and 

24 wildlife resources or the role of tribal govern-
38 

•S 2301 IS 

1 ments in the co-management of fish and wildlife 

2 resources; and 

3 (B) implement a program to educate the 

4 public about the sovereign status of Indian trib5 al governments and the rights reserved by tribal 

6 governments in treaties with the United States, 

7 as well as the benefits of constructive relations 

8 among tribal governments, State, and local gov9 ernments, and Federal agencies; 

10 (2) The responsibilities and duties of the Tribal 

11 Education Coordinator shall include— 

12 (A) the development of an educational pro13 gram for local and State governments and Fed14 eral agencies regarding the United States obli15 gations to support and implement treaties, stat16 utes, executive orders and court decrees related 

17 to the management of fish and wildlife re18 sources; 

19 (B) encouraging Federal agencies and 

20 State governments to establish and pursue co21 operative and collaborative government-to-gov22 ernment relationships with Indian tribal govern23 ments in the management of natural resources; 

24 and 
39 

•S 2301 IS 

1 (C) providing reports to the Committee on 

2 Indian Affairs of the U.S. Senate and the Com3 mittee on Resources of the U.S. House of Rep4 resentatives by September 30th of each year on 

5 the progress of the Tribal Education Coordi6 nator in carrying out these activities. 

7 (h) ADEQUACY OF PROGRAMS.—The Secretary shall 

8 provide administrative oversight of the programs described 

9 in this section until a sufficient number of Indian per10 sonnel are available to administer tribal fish and wildlife 

11 resource management programs on tribal lands and re12 source management areas. 

13 (i) OBLIGATED SERVICE; BREACH OF CONTRACT.— 

14 (1) OBLIGATED SERVICE.—Where an individual 

15 enters into an agreement for obligated service in re16 turn for financial assistance under any provision of 

17 this section, the Secretary shall promulgate such 

18 regulations as are necessary to provide for an offer 

19 of employment to the recipient of such assistance as 

20 required by such provision. Where an offer of em21 ployment is not reasonably made, the regulations 

22 shall provide that such service shall no longer be re23 quired. 

24 (2) BREACH OF CONTRACT.—Where an indi25 vidual fails to accept a reasonable offer of employ-
40 

•S 2301 IS 

1 ment in fulfillment of such obligated service or un2 reasonably terminates or fails to perform the duties 

3 of such employment, the Secretary shall require a 

4 repayment of the financial assistance provided to the 

5 individual by the Secretary, pro rated for the 

6 amount of time of obligated service that was per7 formed, together with interest on such amount which 

8 would be payable if at the time the amounts were 

9 paid, they were loans bearing interest at the max10 imum legal prevailing rate, as determined by the 

11 Secretary of the Treasury. 

12 SEC. 203. TRIBAL FISH HATCHERY ASSISTANCE PROGRAM. 

13 (a) PROGRAM.—The Secretary, in consultation with 

14 the Secretary of Commerce, and with the full and active 

15 participation of Indian tribal governments, shall establish 

16 and administer a Tribal Fish Hatchery Assistance pro17 gram for the production and distribution of fish of the 

18 species, strain, number, size, and quality to assist Indian 

19 tribal governments to develop tribal hatcheries and en20 hance fshery resources on tribal lands to meet tribal re21 source needs, including but not limited to tribal subsist22 ence, ceremonial and commercial fishery needs. 

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

25 Secretary of Commerce, and with the full and active par-
41 

•S 2301 IS 

1 ticipation of Indian tribal governments, shall submit a re2 port to the Congress which shall— 

3 (1) identify the facilities that comprise the 

4 Tribal Fish Hatchery Program; 

5 (2) the maintenance, rehabilitation, and the 

6 construction needs of such facilities; 

7 (3) identify criteria and procedures to be used 

8 in evaluating and ranking fish hatchery maintenance 

9 and rehabilitation project proposals submitted by In10 dian tribal governments; and 

11 (4) provide a plan for the administration and 

12 cost-effective operation of the Tribal Fish Hatchery 

13 Assistance Program. 

14 (c) CONTRACTS.—The Secretary, and the Secretary 

15 of Commerce, are authorized to enter into a contract or 

16 annual funding agreement under the authority of the In17 dian Self-Determination and Educational Assistance Act 

18 with an Indian tribal government to plan, conduct, and 

19 administer the Tribal Fish Hatchery Program, or any por20 tion of the Program. 

21 (d) FISH HATCHERY OPERATING AGREEMENTS.— 

22 Upon the petition of an Indian tribal government or a trib23 al organization seeking to co-manage a facility or complex 

24 of facilities, the Secretary, and the Secretary of Com25 merce, are authorized to enter into agreements with enti-
42 

•S 2301 IS 

1 ties owning or operating hatcheries defined under section 

2 103(5)(B) of this Act and an Indian tribal government 

3 or tribal organization which provides for the manner in 

4 which each hatchery facility is to be operated so as to miti5 gate or recover tribal fish resources subject to rights re6 served by the tribal government in treaties with the United 

7 States. 

8 TITLE III—ALASKA NATIVE FISH 

9 AND WILDLIFE PROGRAMS 

10 SEC. 301. DEFINITIONS. 

11 For purposes of this title— 

12 (1) the term ‘‘Alaska Native’’ means a citizen 

13 of the United States who is a person of one-fourth 

14 degree or more Alaska Indian (including Tsimshian 

15 Indians not enrolled in the Metlakatla Indian Com16 munity) Eskimo, or Aleut blood, or combination 

17 thereof, including, in the absence of proof of a min18 imum blood quantum, any citizen of the United 

19 States who is regarded as an Alaska Native by the 

20 Native village or Native group of which he claims to 

21 be a member and whose father or mother is, or, if 

22 deceased, was regarded as an Alaska Native by any 

23 village or group, as defined in section 1602(b) of the 

24 Alaska Native Claims Settlement Act; 
43 

•S 2301 IS 

1 (2) the term ‘‘Native village’’ means ‘‘any tribe, 

2 band, clan, group, village, community, or association 

3 in the State of Alaska listed in sections 1610 and 

4 1615 of this title, and which the Secretary deter5 mines was, on the 1970 census enumeration date, 

6 composed of twenty-five or more Natives’’ as defined 

7 in section 1602(c) of the Alaska Native Claims Set8 tlement Act; 

9 (3) the term ‘‘Regional Corporation’’ means an 

10 Alaska Native Regional Corporation established 

11 under the laws of the State of Alaska as defined in 

12 section 1602(g) of the Alaska Native Claims Settle13 ment Act; 

14 (4) the term ‘‘Village Corporation’’ means an 

15 Alaska Native Village Corporation organized under 

16 the laws of the State of Alaska as a business for 

17 profit or non-profit corporation to hold, invest, man18 age, and/or distribute lands, property, funds, and 

19 other rights and assets for and in behalf of a Native 

20 Village as defined in section 1602(j) of the Alaska 

21 Native Claims Settlement Act; and 

22 (5) the term ‘‘Alaska Native fish and wildlife 

23 organization’’ means a commission, authority or 

24 other entity chartered for the primary purpose of as-
44 

•S 2301 IS 

1 sisting in the development of tribal natural resource 

2 management capacity and technical capabilities. 

3 SEC. 302. MANAGEMENT OF ALASKA NATIVE TRIBAL GOV4 ERNMENT INDIAN FISH AND WILDLIFE RE5 SOURCE MANAGEMENT PROGRAMS IN ALAS6 KA. 

7 (a) MANAGEMENT OBJECTIVES.—Consistent with 

8 provisions of the Indian Self-Determination and Edu9 cational Assistance Act (25 U.S.C. 450b et seq.), the Sec10 retary shall support tribal administration of Indian fish 

11 and wildlife resource management activities to achieve the 

12 following objectives: 

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 provide for the development and en18 hancement of the capacity of Indian tribal govern19 ments to participate in management of Indian fish 

20 and wildlife resources. 

21 (3) To protect, conserve and enhance Indian 

22 fish and wildlife resources. 

23 (4) To promote the development and use of In24 dian fish and wildlife resources for the maximum 

25 benefit of Alaska Native people, by managing Indian 
45 

•S 2301 IS 

1 fish and wildlife resources in accordance with trib2 ally-developed integrated resource management plans 

3 which provide for the cooperative management of all 

4 natural resources within tribal lands. 

5 (5) To selectively develop and increase produc6 tion of certain Indian fish and wildlife resources. 

7 (6) To support the inclusion of Alaska Native 

8 tribal co-management or cooperative activities in 

9 local, regional, State, national, or international deci10 sion-making processes and forums. 

11 (7) To develop and increase the production of 

12 fish, wildlife and gathering resources so as to better 

13 meet Alaska Native subsistence, ceremonial, rec14 reational and commercial needs. 

15 (b) MANAGEMENT PROGRAM.— 

16 (1) In order to achieve the objectives set forth 

17 in subsection (a), the Secretary, in full consultation 

18 with Indian tribal governments and Alaska Native 

19 fish and wildlife organizations, shall establish the 

20 Alaska Native Fish and Wildlife Resource Manage21 ment Program which shall be administered con22 sistent with the provisions of the Indian Self-Deter23 mination and Educational Assistance Act (25 U.S.C. 

24 450b et seq.). 
46 

•S 2301 IS 

1 (2) The Secretary shall promote meaningful In2 dian tribal government involvement in the manage3 ment of Indian fish and wildlife resources, and im4 plementation of this Act, through contracts, com5 pacts, cooperative agreements, or grants under the 

6 Indian Self-Determination and Educational Assist7 ance act (25 U.S.C. 450b et seq.), or other Federal 

8 laws. 

9 (3) Upon the request of an Indian tribal gov10 ernment or Alaska Native fish and wildlife organiza11 tion, the Secretary shall enter into a contract, com12 pact, cooperative agreement, or a grant under the 

13 Indian Self-Determination and Educational Assist14 ance Act with the Indian tribal government or Alas15 ka Native fish and wildlife organization to plan, con16 duct, or administer any program of the Department 

17 of the Interior, or portion thereof, which affects In18 dian fish and wildlife resources, and which is cur19 rently administered by the Secretary without regard 

20 to the agency or office of the Department of the In21 terior or the organizational level within the Depart22 ment. 

23 (4) Upon the request of an Indian tribal gov24 ernment or Alaska Native fish and wildlife organiza25 tion, the Secretary shall enter into a cooperative 
47 

•S 2301 IS 

1 agreement with the tribal government or Alaska Na2 tive fish and wildlife organization to address man3 agement issues affecting Indian fish and wildlife re4 sources. 

5 (c) MANAGEMENT ACTIVITIES.—Indian fish and 

6 wildlife resource management activities carried out under 

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

8 shall not be limited to: 

9 (1) the conduct of fish and wildlife population 

10 and life history investigations, habitat investigations, 

11 habitat mitigation, enhancement, rehabilitation and 

12 restoration projects and programs, harvest manage13 ment, and use studies; 

14 (2) the development and implementation of in15 tegrated resource management plans for tribal lands 

16 or traditional use areas; 

17 (3) fish and other aquatic species production 

18 and hatchery management; 

19 (4) the development, implementation, and en20 forcement of Indian tribal government fish and wild21 life codes, ordinances, and regulations; 

22 (5) the development of Indian tribal govern23 ment conservation programs, including employment 

24 and training of tribal conservation enforcement offi25 cers; 
48 

•S 2301 IS 

1 (6) judicial services; 

2 (7) public use and information management 

3 and general administration; and 

4 (8) participation in joint or cooperative man5 agement of fish and wildlife resources on a regional 

6 basis with Federal, State, tribal, and local or inter7 national authorities. 

8 (d) SURVEY AND REPORT.— 

9 (1) Upon the request of an Indian tribal gov10 ernment, the Secretary shall cause to be conducted 

11 a survey of the traditional use area of that tribal 

12 government, which shall include but not be limited 

13 to: 

14 (A) a review of existing Indian tribal gov15 ernment codes, ordinances, and regulations gov16 erning their members and others in relation to 

17 the management of Indian fish and wildlife re18 sources; 

19 (B) an assessment of the need to update 

20 and revise Indian tribal government codes, ordi21 nances, and regulations governing Indian fish 

22 and wildlife resource protection and use; 

23 (C) a determination and documentation of 

24 the needs for tribal conservation officers, tribal 

25 fisheries and wildlife biologists, tribal fisheries 
49 

•S 2301 IS 

1 and wildlife technicians, and other professionals 

2 to administer and implement Indian fish and 

3 wildlife resources management programs; 

4 (D) an assessment of the need to provide 

5 training to and develop curricula for tribal fish 

6 and wildlife resource personnel, including tribal 

7 conservation officers, tribal fisheries and wild8 life biologists, tribal fisheries and wildlife tech9 nicians, and other professionals to administer 

10 and implement tribal fish and wildlife resource 

11 management programs. Such curricula shall in12 clude the incorporation of traditional ecological 

13 knowledge as well as the traditional; 

14 (E) an assessment of the need for training 

15 of Federal agency staff in matters pertaining to 

16 the relations between the United States and In17 dian tribes and the significance of Indian fish 

18 and wildlife to Native villages; 

19 (F) an assessment of the effects of Federal 

20 and State resource management activities on 

21 Indian fish, and wildlife resources; and 

22 (G) a determination and documentation of 

23 the condition of those Indian fish and wildlife 

24 resources. 
50 

•S 2301 IS 

1 (2) The Secretary is authorized to enter into 

2 contracts, compacts, or provide grants to Indian 

3 tribal governments or Alaska Native fish and wildlife 

4 organizations under the authority of the Indian Self5 Determination and Educational Assistance Act for 

6 the purpose of carrying out the survey. 

7 (3) Within one year of the date of enactment of 

8 this Act, the Secretary shall submit to the Congress 

9 a report on the results of the survey conducted 

10 under the authority of subsection (1) of this section. 

11 (e) INDIAN FISH AND WILDLIFE RESOURCE MAN12 AGEMENT PLANS.— 

13 (1) In order to fulfill the management objec14 tives set forth in subsection (a), an Indian fish and 

15 wildlife resource management plan shall be devel16 oped and implemented in the following manner: 

17 (A) Pursuant to a self-determination con18 tract or self-governance compact under the au19 thority of the Indian Self-Determination and 

20 Education Assistance Act, an Indian tribal gov21 ernment or an Alaska Native fish and wildlife 

22 organization may develop or implement an In23 dian fish and wildlife management plan. 

24 (B) Subject to the provisions of subpara25 graph (C), the Indian tribal government shall 
51 

•S 2301 IS 

1 have broad discretion in designing and carrying 

2 out the planning process. 

3 (C) If an Indian tribal government elects 

4 not to contract for the development or imple5 mentation of a tribal fish and wildlife manage6 ment plan, the Secretary shall develop and im7 plement the plan in consultation with the af8 fected tribal government. 

9 (D) Whether developed directly by the trib10 al government or by the Secretary, the plan 

11 shall— 

12 (i) determine the condition of Indian 

13 fish and wildlife resources and habitat con14 ditions; 

15 (ii) identify specific Indian fish and 

16 wildlife resources goals and objectives; 

17 (iii) establish cooperative management 

18 objectives for Indian fish and wildlife re19 sources; 

20 (iv) define critical values of the Indian 

21 tribal government and its members and 

22 provide for comprehensive management ob23 jectives; 

24 (v) be developed through a public 

25 meeting process; 
52 

•S 2301 IS 

1 (vi) apply the public meeting records, 

2 existing survey documents, reports, and 

3 other research from Federal and State 

4 agencies, community colleges, or other edu5 cation or research institutions; and 

6 (vii) be completed within three years 

7 of the initiation of activity to establish the 

8 plan. 

9 (2) An Indian fish and wildlife management 

10 plan developed and approved under this section shall 

11 govern the management and administration of In12 dian fish and wildlife resources by the Bureau of In13 dian Affairs and the tribal government. 

14 (f) TRIBAL MANAGEMENT IN TRADITIONAL USE

15 AREAS.— 

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

17 forth in section 302(a), the Secretary and the Secre18 taries of Commerce and Agriculture shall review ex19 isting programs involving the management of Indian 

20 fish and wildlife resources in the traditional use 

21 areas of Indian tribal governments, for the purpose 

22 of determining the need for the meaningful involve23 ment of tribal governments, program adequacy, and 

24 staffing needs to appropriately represent the inter25 ests of tribal governments. 
53 

•S 2301 IS 

1 (2) CONTRACTS OR GRANTS.—The Secretary is 

2 authorized to enter into contracts, compacts, or pro3 vide grants to Indian tribal governments or Alaska 

4 Native fish and wildlife organizations under the au5 thority of the Indian Self-Determination and Edu6 cational Assistance Act for the purpose of com7 pleting this review. 

8 (3) REPORT.—Within one year of the date of 

9 enactment of this Act, the Secretary, in consultation 

10 with the Secretaries of Commerce and Agriculture, 

11 shall submit a report to the Congress based upon 

12 the review conducted under subsection (1) of this 

13 section assessing fish and wildlife program adequacy 

14 and staff needs, and the condition of Indian fish and 

15 wildlife resources in the traditional use areas of trib16 al governments. 

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

18 provide financial and technical assistance to enable Indian 

19 tribal governments to— 

20 (1) update and revise tribal government codes, 

21 ordinances, and regulations governing Indian fish 

22 and wildlife resource protection and use; 

23 (2) employ tribal conservation officers, tribal 

24 fisheries and wildlife biologists, tribal fish and wild25 life technicians, and other professionals to admin-
54 

•S 2301 IS 

1 ister and implement Indian fish and wildlife resource 

2 management programs; 

3 (3) provide training for tribal fish and wildlife 

4 resource personnel including tribal conservation offi5 cers under a curriculum that incorporates law en6 forcement, fish and wildlife conservation, identifica7 tion and resource management principles and tech8 niques. Such curricula shall also include the incorpo9 ration of traditional ecological knowledge as well as 

10 the traditional management strategies and tech11 niques of Alaska Native people; and 

12 (4) enable tribal governments and Alaska Na13 tive fish and wildlife organizations to enter into co14 operative law enforcement agreements, which may 

15 include provisions for additional training and cross16 deputization of tribal law enforcement staff, with 

17 local, State and Federal jurisdiction for the enforce18 ment of laws and regulations pertaining to Indian 

19 fish and wildlife resources. 

20 (h) FEDERAL ACTIVITIES.— 

21 (1) CONSULTATION AND COORDINATION.—In 

22 conducting management activities under their re23 spective authorities, the Secretary, in coordination 

24 with the Secretaries of Commerce and Agriculture, 

25 shall— 
55 

•S 2301 IS 

1 (A) consult with and seek the participation 

2 of Indian tribal governments on all matters af3 fecting Indian fish and wildlife resources in a 

4 manner consistent with the United States trust 

5 responsibility, 

6 (B) ensure that Federal agency staff are 

7 adequately trained in issues pertaining to im8 pacts of agency actions on Indian fish and wild9 life resources; 

10 (C) investigate opportunities for Indian 

11 tribal governments to perform cooperative land 

12 management activities on Federal and other 

13 lands that affect Indian fish and wildlife re14 sources; and 

15 (D) develop a formal, written assessment 

16 of how Federal resource management activities 

17 are affecting tribal use of and access to Indian 

18 fish and wildlife resources and the traditional 

19 use areas of Indian tribal governments. 

20 (2) PROTECTION OF INFORMATION.—Notwith21 standing any other provision of law, the Secretary 

22 shall not disclose, nor cause the disclosure of any in23 formation conveyed to an agency under the Sec24 retary’s administrative responsibilities pursuant to 

25 this Act to any person, party, or entity, including 
56 

•S 2301 IS 

1 other Federal agencies, that is made available to the 

2 Secretary by an Indian tribal government or a mem3 ber of an Indian tribe and which is— 

4 (A) related to the administration of the 

5 United States trust responsibility for Indian 

6 lands and resources; and 

7 (B) declared by the tribal government or 

8 individual member of an Indian tribe to be cul9 turally-sensitive, proprietary, or in any manner 

10 confidential. 

11 (3) FEES AND ACCESS.—Upon the request of 

12 an Indian tribal government, the Secretary and the 

13 Secretary of Agriculture are authorized to— 

14 (A) provide fish and wildlife resources to 

15 an Indian tribal government from Federal lands 

16 administered by agencies under their respective 

17 administrative responsibility without permit or 

18 charge to the Indian tribe having an historical, 

19 cultural, or geographical relationship to such 

20 lands, so long as— 

21 (i) an agreement is entered into be22 tween the Indian tribal government and 

23 the Secretary or Secretary of Agriculture 

24 which contains sufficient information and 

25 conditions regarding the location, quantity, 
57 

•S 2301 IS 

1 timing, and methods associated with the 

2 provision of Indian fish and wildlife re3 sources to ensure compatibility with appli4 cable agency management plans; and 

5 (ii) the request does not adversely af6 fect the ability of the agency to carry out 

7 its responsibilities under the applicable 

8 management plan; 

9 (B) provide access to Federal lands under 

10 their respective administrative responsibility for 

11 tribal traditional cultural or customary pur12 poses without permit or fee; and 

13 (C) temporarily close to general public use, 

14 one or more specific portions of Federal lands 

15 under their respective administrative responsi16 bility in order to protect the privacy of the ac17 tivities referenced in subsection (B), provided 

18 that any such closure shall be limited to the 

19 smallest practicable area for the minimum pe20 riod necessary in a manner consistent with the 

21 purpose and intent of the American Indian Re22 ligious Freedom Act (42 U.S.C. 1996). 

23 (4) EFFECT ON EXISTING RIGHTS.—Nothing in 

24 this section shall be construed to limit, modify, or 

25 amend existing rights of any Indian tribal govern-
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1 ment under statute or other agreement to access and 

2 use Indian fish and wildlife resources. 

3 SEC. 303. ALASKA NATIVE TRIBAL GOVERNMENT SEAFOOD 

4 AND RESOURCE MARKETING ASSISTANCE 

5 PROGRAM. 

6 (a) The Secretary of Commerce shall establish an 

7 Alaska Native Seafood and Resource Marketing Assist8 ance Program to enable participating Indian tribal govern9 ments and Alaska Native fish and wildlife organizations 

10 to develop the necessary infrastructure and marketing sys11 tems to effectively promote their products domestically 

12 and internationally. 

13 (b) Within one year of the date of enactment of this 

14 Act, working with participating Indian tribal governments, 

15 the Secretary of Commerce shall develop and submit a re16 port to the Committee on Indian Affairs of the U.S. Sen17 ate and the Committee on Resources of the U.S. House 

18 of Representatives, that contains recommendations for 

19 legislation to provide subsidies and other Federal support, 

20 permissive taxing and coordinated training, promotions, 

21 and Alaska Native Tribal product labeling as well as other 

22 initiatives, that hold the potential to significantly enhance 

23 the ability of tribal governments to assure that fair and 

24 equitable prices are associated with seafood, bison, rein-
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1 deer, muskox, yak, and other produced and harvested nat2 ural resources related products. 

3 (c) Within one year of the date of enactment of this 

4 Act, the U.S. Food and Drug Administration, in consulta5 tion with Indian tribal governments, shall prepare a report 

6 to the Committee on Indian Affairs of the U.S. Senate 

7 and the Committee on Resources of the U.S. House of 

8 Representatives, that contains recommendations for legis9 lation that would enable Indian tribal governments to be 

10 recognized as competent processing authorities as well as 

11 recommendations for the provision of technical assistance 

12 to tribal enterprises so as to ensure that seafood, buffalo, 

13 reindeer, muskox, yak, and other harvested natural re14 source products are safe for consumption. 

15 TITLE IV—TRIBAL SEAFOOD AND 

16 RESOURCE MARKETING AS17 SISTANCE PROGRAM 

18 SEC. 401. ESTABLISHMENT. 

19 (a) The Secretary of Commerce shall establish a Trib20 al Seafood and Resource Marketing Assistance Program 

21 to enable participating Indian tribal governments and trib22 al organizations to develop the necessary infrastructure 

23 and marketing systems to effectively promote their prod24 ucts domestically and internationally. 
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1 (b) Within one year of the date of enactment of this 

2 Act, working with participating Indian tribal governments, 

3 the Secretary of Commerce shall develop and submit a re4 port to the Committee on Indian Affairs of the U.S. Sen5 ate and the Committee on Resources of the U.S. House 

6 of Representatives, that contains recommendations for 

7 legislation to provide subsidies and other Federal support, 

8 permissive taxing and coordinated training and pro9 motions, as well as other initiatives, that hold the potential 

10 to significantly enhance the ability of tribal governments 

11 to assure that fair and equitable prices are associated with 

12 harvested natural resources and seafood products. 

13 (c) Within one year of the date of enactment of this 

14 Act, the U.S. Food and Drug Administration, in consulta15 tion with Indian tribal governments, shall prepare a report 

16 to the Committee on Indian Affairs of the U.S. Senate 

17 and the Committee on Resources of the U.S. House of 

18 Representatives, that contains recommendations for legis19 lation that would enable Indian tribal governments to be 

20 recognized as competent processing authorities as well as 

21 recommendations for the provision of technical assistance 

22 to tribal enterprises so as to ensure that seafood and other 

23 harvested natural resource products are safe for consump24 tion. 

25 (d) Health Issues. [to be developed] 
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1 SEC. 402. MARKETING DEVELOPMENT GRANTS AND LOAN 

2 PROGRAM. [to be developed] 

3 (a) GRANTS FOR MARKET RESEARCH AND PILOT

4 PROGRAMS. 

5 (b) LOANS FOR INFRASTRUCTURE DEVELOPMENT. 

6 TITLE V—TRIBAL BISON CON7 SERVATION AND MANAGE8 MENT [to be developed] 

9 TITLE VI—MISCELLANEOUS 

10 PROVISIONS 

11 SEC. 601. REGULATIONS. 

12 Except as otherwise provided by this Act, the Sec13 retary shall promulgate final regulations for the imple14 mentation of this Act within 18 months of the date of en15 actment of this Act with the full and active participation 

16 of Indian tribal governments. 

17 SEC. 602. SEVERABILITY. 

18 If any section or provision of this Act is held invalid, 

19 it is the intent of the Congress that the remaining sections 

20 or provisions shall continue in full force and effect. 

21 SEC. 603. SAVINGS. 

22 (a) Nothing in this Act shall be construed to— 

23 (1) diminish or expand the United States trust 

24 responsibility for tribal fish and wildlife resources, or 

25 any legal obligation or remedy arising out of the 

26 United States trust responsibility; 
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1 (2) alter, abridge, repeal, or affect any valid, 

2 existing agreement between an agency of the United 

3 States and an Indian tribal government; 

4 (3) alter, abridge, diminish, repeal, or affect the 

5 reserved rights of any Indian tribal government es6 tablished by treaty, executive order, or other applica7 ble laws or court decrees. 

8 TITLE VII—AUTHORIZATION OF 

9 APPROPRIATIONS 

10 There are authorized to be appropriated such sums 

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

Æ