I
103D CONGRESS
1ST SESSION
H. R. 2874
To improve the management of Indian fish and wildlife resources on Indian
lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1993
Mr. RICHARDSON (for himself and Mr. THOMAS of Wyoming) introduced the
following bill; which was referred to the Committee on Natural Resources
A BILL
To improve the management of Indian fish and wildlife
resources on Indian lands, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Indian Fish and Wild-
life Resource Enhancement Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds and declares that—
(1) the United States and Indian tribes have a
government-to-government relationship;
(2) the United States has a trust responsibility
to protect, conserve, and enhance Indian fish and
wildlife resources consistent with its fiduciary obliga-
tion to and its unique relationship with Indian
tribes. This trust responsibility extends to all Fed-
eral agencies and departments and absent a clear ex-
pression of congressional intent to the contrary, the
United States has a duty to administer Federal fish
and wildlife conservation laws in a manner consist-
ent with the treaty rights of Indian tribes;
(3) Federal statutes and regulations affecting
Indian fish and wildlife resources and tribal resource
management activities shall be interpreted in accord-
ance with the trust responsibility set forth in this
Act;
(4) fish and wildlife resources located on Indian
lands and treaty-ceded territory continue to provide
a resource base for the subsistence, cultural enrich-
ment, and economic support of Indian tribes and in-
dividual Indians;
(5) Indian tribes have jurisdiction over Indian
and non-Indian hunting and fishing activities on In-
dian reservations and function as comanagers with
tribal, States, and Federal authorities to carry out
shared management responsibilities for fish and
wildlife resources arising from treaties, statutes, or
court orders;
(6) the United States has an obligation to pro-
vide assistance to Indian tribes to monitor and regu-
late Indian hunting and fishing activities, to protect
and conserve populations and habitats of tribal fish
and wildlife resources, and to maintain fish hatch-
eries and other facilities required for the prudent
management, enhancement, and mitigation of fish
and wildlife resources; and
(7) increased and improved management of In-
dian fish and wildlife resources will yield increased
economic returns, enhance Indian self-determination,
promote employment opportunities, and improve the
social and economic well-being of Indian and sur-
rounding communities.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to reaffirm and protect Indian hunting,
fishing, and gathering rights and to provide for the
conservation, prudent management, enhancement,
orderly development and use of the resources upon
which the meaningful exercise of such rights depend;
(2) to maximize tribal capability and flexibility
in managing fish and wildlife resources for the con-
the process used by tribal governments to assess
available resources and to provide identified holistic
management objectives that include quality of life,
production goals and landscape descriptions of all
designated resources that may include (but not be
limited to) water, fish, wildlife, forestry, agriculture,
minerals, and recreation, as well as community and
municipal resources, and may include any previously
adopted tribal codes and plans related to such re-
sources.
(12) The term ‘‘resource management activi-
ties’’ means all activities performed in managing In-
dian fish and wildlife resources. This term shall not
include forest land management activities.
(13) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(14) The term ‘‘treaty ceded territory’’ means
the land ceded to the United States by treaty upon
which the ceding tribe or tribes retain hunting, fish-
ing, and gathering rights.
(15) The term ‘‘tribal organization’’ has the
meaning given to such term by section 4 of the In-
dian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
SEC. 5. INDIAN FISH AND WILDLIFE RESOURCE MANAGE-
MENT PROGRAM.
(a) MANAGEMENT OBJECTIVES.—Consistent with
the provisions of the Indian Self-Determination and Edu-
cation Assistance Act (Public Law 93–638), the Secretary
shall provide for the management of Indian fish and wild-
life resources to achieve the following objectives:
(1) To protect, conserve, and enhance fish and
wildlife resources that are important to Indian tribes
for subsistence, cultural enrichment, and economic
development and to promote the development of
these resources for the benefit of Indian tribes and
their members.
(2) To protect Indian hunting, fishing, and
gathering rights guaranteed to Indian tribes by the
United States through treaty, statute, or Executive
order.
(3) To provide for the development and en-
hancement of the capacities of Indian tribes to man-
age Indian fish and wildlife resources.
(4) To selectively develop and increase produc-
tion of certain fish and wildlife resources in order to
provide for the subsistence, economic, and employ-
ment needs of Indian tribes.
(5) To manage Indian fish and wildlife re-
sources consistent with integrated resource manage-
ment plans in order to protect and maintain other
values such as Indian forest resources, Indian agri-
cultural resources, cultural resources, aesthetics,
recreation, and other traditional values.
(b) MANAGEMENT PROGRAM.—(1) The Secretary, in
full consultation with Indian tribes, shall establish the In-
dian Fish and Wildlife Resource Management Program in
order to achieve the objectives set forth in subsection (a).
(2) The Secretary shall promote and provide assist-
ance for the tribal management of Indian fish and wildlife
resources through contracts, cooperative agreements, or
grants under the Indian Self-Determination Act (25
U.S.C. 450 et seq.).
(3) The Secretary, upon the request of any Indian
tribe or tribal organization, shall enter into a contract with
the tribe or tribal organization to plan, conduct, and ad-
minister any program within the Department of the Inte-
rior which affects Indian fish and wildlife resources and
is currently administered by the Secretary.
(c) MANAGEMENT
ACTIVITIES.—Indian fish and
wildlife resource management activities carried out under
the program established under subsection (b) may include
(but shall not be limited to)—
(1) the development, implementation, and en-
forcement of tribal codes, ordinances, and regula-
tions;
(2) the development and implementation of re-
source and management plans, surveys, and inven-
tories;
(3) conducting fish and wildlife population and
life history investigations, habitat investigations,
habitat restoration, harvest management, and use
studies;
(4) fish production and hatchery management;
(5) the development of tribal conservation pro-
grams, including employment and training of tribal
conservation enforcement officers; and
(6) participation in joint or cooperative man-
agement fish and wildlife resources on a regional
basis with Federal, State, Tribal, and local authori-
ties.
(d) ASSISTANCE.—The Secretary is authorized to
provide financial and technical assistance to enable Indian
tribes to—
(1) conduct a review of existing tribal codes, or-
dinances, and regulations governing the management
of fish and wildlife resources;
(2) update and revise tribal codes, ordinances,
and regulations governing tribal fish and wildlife re-
source protection and use;
(3) determine and document the need for tribal
conservation officers, tribal fisheries and wildlife bi-
ologists, and other professionals to administer In-
dian fish and wildlife resource management pro-
grams;
(4) provide training to and develop curricula for
Indian fish and wildlife resource personnel, including
tribal conservation officers, which incorporate law
enforcement, fish and wildlife conservation, identi-
fication and resource management principles and
techniques; and
(5) determine and document the condition of
the Indian fish and wildlife resources.
(e) INDIAN FISH AND WILDLIFE RESOURCE MAN-
AGEMENT PLANS.—(1) To meet the management objec-
tives set forth in subsection (a), an Indian fish and wildlife
resource management plan shall be developed and imple-
mented as follows:
(A) Pursuant to a self-determination contract
or self-governance compact under the Indian Self-
Determination Act, an Indian tribe may develop or
implement an Indian fish and wildlife management
plan. Subject to the provisions of subparagraph (C),
the tribe shall have broad discretion in designing
and carrying out the planning process.
(B) If a tribe chooses not to contract the devel-
opment or implementation to plan, the Secretary
shall develop or implement the plan in close con-
sultation with the affected tribe.
(C) Whether developed directly by the tribe or
by the Secretary, the plan shall—
(i) determine the condition of fish and
wildlife resources and habitat conditions,
(ii) identify specific tribal fish and wildlife
resource goals and objectives,
(iii) establish management objectives for
the resources,
(iv) define critical values of the Indian
tribe and its members and provide identified ho-
listic management objectives,
(v) be developed through public meetings,
(vi) use the public meeting records, exist-
ing survey documents, reports, and other re-
search from Federal agencies and tribal com-
munity colleges, and
(vii) be completed within three years of the
initiation of activity to establish the plan.
(2) Indian fish and wildlife management plans devel-
oped and approved under this section shall govern the
management and administration of Indian fish and wild-
life resources by the Bureau and the Indian tribal govern-
ment.
SEC. 6. TRIBAL CONSULTATION.
The Secretary, in any departmental action which af-
fects Indian fish and wildlife resources, shall fully consult
with and seek the participation of Indian tribes in a man-
ner consistent with the Federal trust responsibility and
the government-to-government relationship between In-
dian tribes and the Federal Government.
SEC. 7. INDIAN FISH HATCHERY PROGRAM.
(a) ESTABLISHMENT.—The Secretary, with the full
and active participation of Indian tribes, shall establish
and administer an Indian Fish Hatchery Program within
the Bureau of Indian Affairs to produce and distribute
to Indian tribes a variety of species of fish to assist Indian
tribes to develop tribal hatcheries and enhance fish re-
sources on the reservation.
(b) NEEDS REPORT.—Within one year after the date
of enactment of this Act, the Secretary, with the full and
active participation of Indian tribes, shall transmit a re-
port to the Congress identifying the facilities which com-
prise the Indian Fish Hatchery Program, the mainte-
SEC. 9. EDUCATION IN FISH AND WILDLIFE RESOURCE
MANAGEMENT.
(a) FISH AND WILDLIFE RESOURCES INTERN PRO-
GRAM.—(1) The Secretary shall establish a Fish and Wild-
life Resources Intern Program within the Bureau, for at
least 20 Indian fish and wildlife intern positions. Such po-
sitions shall be in addition to the forester intern positions
authorized in section 314(a) of the National Indian Forest
Resources Management Act (25 U.S.C. 3113(a)). Individ-
uals selected as interns shall be enrolled full-time in ap-
proved post-secondary or graduate schools in curricula
leading to advanced degrees in fish and wildlife resource
management related fields.
(2) The Secretary shall pay all costs for tuition,
books, fees, and living expenses incurred by Indian fish
and wildlife interns while attending approved study pro-
grams.
(3) An Indian fish and wildlife resource intern shall
be required to enter into an obligated service agreement
to serve in a professional fish and wildlife management
related capacity with an Indian tribe or tribal organiza-
tion, or with the Bureau of Indian Affairs or the United
States Fish and Wildlife Service serving or benefiting In-
dian lands for one year for each year of education that
the Secretary pays the intern’s educational costs under
paragraph (1).
(4) An Indian fish and wildlife resource intern shall
be required to report for service to his employing entity
during any break in attendance at school of more than
3 weeks duration. Time spent in such service shall be
counted toward satisfaction of the intern’s obligated serv-
ice agreement.
(b) COOPERATIVE EDUCATION PROGRAM.—(1) The
Secretary shall maintain, through the Bureau of Indian
Affairs, a cooperative education program for the purpose
of recruiting promising Indian students who are enrolled
in secondary schools, tribally controlled community col-
leges, and other postsecondary or graduate schools for em-
ployment as professional fisheries and wildlife biologists,
or other related professional with an Indian tribe, tribal
organization, or with the Bureau or with the United
States Fish and Wildlife Service serving or benefiting In-
dian lands.
(2) Under this program, the Secretary shall pay all
costs for tuition, books and fees of an Indian student who
is enrolled in a course of study at an education institution
with which the Secretary has entered into a cooperative
agreement and who is interested in a career with an In-
dian tribe, tribal organization, or the Bureau or with the
United States Fish and Wildlife Service serving or benefit-
ing Indian lands.
(3) A recipient of assistance under this program shall
be required to enter into an obligated service agreement
to serve as a professional fish or wildlife biologist or other
related professional position with an Indian tribe, tribal
organization, the Bureau, or the United States Fish and
Wildlife Service for one year for each year that the Sec-
retary pays the recipient’s educational costs pursuant to
paragraph (2).
(c) SCHOLARSHIP PROGRAM.—(1) The Secretary is
authorized to grant fish and wildlife management scholar-
ships to Indians enrolled in accredited programs for post-
secondary and graduate fish and wildlife resource manage-
ment related fields of study as full-time students.
(2) A recipient of a fish and wildlife management
scholarship shall be required to enter into an obligated
service agreement in which the recipient agrees to accept
employment following completion of the recipient’s course
of study with an Indian tribe, a tribal organization, the
Bureau, or the United States Fish and Wildlife Service
for one year for each year the recipient received a scholar-
ship.
(3) The Secretary shall not deny scholarship assist-
ance under this subsection solely on the basis of an appli-
cant’s scholastic achievement if the applicant has been ad-
mitted to and remains in good standing in an accredited
post-secondary or graduate institution.
(d) FISH AND WILDLIFE EDUCATION OUTREACH.—
The Secretary shall conduct, through the Bureau of In-
dian Affairs, with the full and active participation of In-
dian tribes, a fish and wildlife resource and education out-
reach program to explain and stimulate interest in all as-
pects of fish and wildlife management and to generate in-
terest in careers as fisheries and wildlife biologists.
(e) POSTGRADUATE RECRUITMENT.—The Secretary
shall establish and maintain a program to attract profes-
sional Indian fish and wildlife biologists who have grad-
uated from post-secondary or graduate schools for employ-
ment by Indian tribes, tribal organizations, the Bureau,
or the United States Fish and Wildlife Service, in ex-
change for the assumption by the Secretary of all or a
portion of the outstanding student loans of the employee,
depending upon the period of employment involved.
(f) ADEQUACY OF PROGRAMS.—The Secretary shall
administer the programs described in this section until a
sufficient number of personnel are available to administer
tribal fish and wildlife resource management programs on
Indian lands.
(g) OBLIGATED SERVICE.—Where an individual en-
ters into an agreement for obligated service in return for
financial assistance under any provision of this section,
the Secretary shall adopt such regulations as are nec-
essary to provide for an offer of employment to the recipi-
ent of such assistance as required by such provision.
Where an offer of employment is not reasonably made, the
regulations shall provide that such service shall no longer
be required.
(h) BREACH OF CONTRACT.—Where an individual
fails to accept a reasonable offer of employment in fulfill-
ment of such obligated service or unreasonably terminates
or fails to perform the duties of such employment, the Sec-
retary shall require a repayment of the financial assistance
provided, pro rated for the amount of time of obligated
service that was performed, together with interest on such
amount which would be payable if at the time the amounts
were paid they were loans bearing interest at the maxi-
mum legal prevailing rate, as determined by the Secretary
of the Treasury.
SEC. 10. REGULATIONS.
Except as otherwise provided by this Act, the Sec-
retary shall promulgate final regulations for the imple-
mentation of the Act within 18 months from the date of
its enactment. All regulations promulgated pursuant to
this Act shall be developed by the Secretary with the full
and active participation of Indian tribes.
SEC. 11. SEVERABILITY.
If any provision of this Act, or the application of any
provision of this Act to any person or circumstance, is held
invalid, the application of such provision or circumstance
and the remainder of this Act shall not be affected there-
by.
SEC. 12. TRUST RESPONSIBILITY.
Nothing in this Act shall be construed to—
(1) diminish or expand the trust responsibility
of the United States toward Indian fish and wildlife
resources, or any legal obligation or remedy result-
ing therefrom; or
(2) abrogate, restrict, modify, alter, or diminish
any treaty-reserved right of any Indian tribe, or any
other rights of Indian tribes under existing Federal
laws.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of this Act.
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HR 2874 IH——2