H.R. 7954 — Don Young Doug LaMalfa Indian Buffalo Management Act

This section sets forth congressional findings on the historical, cultural, spiritual, and subsistence importance of buffalo to Indian Tribes, including their near-extermination in the mid-1800s and the benefits of restoration for Tribal diets, spirituality, culture, and economic development. The section declares the purposes of the Act, including fulfilling the government-to-government relationship between Tribal governments and the United States; promoting Tribal capacity to manage buffalo and habitat; conserving and enhancing buffalo populations; developing buffalo herds to meet Tribal needs; and including Tribes in relevant decision-making processes and forums.

This section defines key terms for the Act, including "(1) buffalo" as an animal of the subspecies Bison bison bison; "(2) buffalo habitat" as Indian land managed for buffalo; "(3) Department" and "(6) Secretary" as the Department of the Interior and its Secretary, respectively; "(5) Indian Tribe" as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); and "(7) Tribal organization" as a legally established organization of Indians chartered under specified laws (i.e., section 17 of the Indian Reorganization Act or section 3 of the Oklahoma Indian Welfare Act), recognized by one or more Indian Tribes, and with experience in buffalo and buffalo habitat restoration on Indian land. The definition of "(4) Indian land" adopts the meaning given in section 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)), modified such that "Indian reservation" has the meaning given in section 2601(3) of that Act without regard to the August 8, 2005, date limitation in subparagraph (A) (thus potentially expanding eligible lands beyond reservations in existence on that date).

This section directs the Secretary to coordinate with Indian Tribes and Tribal organizations to promote tribal capacity to manage buffalo and habitat; enhance protection, conservation, and commercial use of tribally owned buffalo populations; and include tribes in relevant decision-making forums. The section authorizes the Secretary to enter into contracts, cooperative agreements, and grants with Indian Tribes and Tribal organizations to (1) plan, conduct, or implement buffalo restoration or management programs; (2) plan and execute commercial activities related to buffalo or buffalo products; (3) support mobile Tribal meat processing facilities; or (4) carry out related activities. (Such authorities are subject to existing federal and state laws and regulations on diseased buffalo or buffalo that escape from Indian land.) The section requires the Secretary to provide technical assistance to recipient tribes in implementing these buffalo restoration, management, and related activities.

This section directs the Secretary (1) to consult with Indian Tribes and Tribal organizations not later than one year after enactment, and on an ongoing basis thereafter, on Department initiatives affecting buffalo or buffalo habitat, including efforts to contain or eradicate diseased buffalo; and (2) to develop a policy for buffalo and buffalo habitat management activities on Indian land in accordance with tribal-approved buffalo management programs, Tribal laws, and Tribal ordinances.

This section prohibits the Secretary from disclosing any information provided by an Indian Tribe or Tribal organization that the tribe identifies as culturally sensitive, proprietary, or otherwise confidential, notwithstanding any other provision of law.

This section authorizes the Secretary to enter into agreements with an Indian tribe or tribal organization to dispose of surplus buffalo on federal land administered by the Department by transporting them to Indian land. It establishes an application process for such transfers and permits the Secretary to waive any associated charges, including deposits or payments under section 10.2 of title 36, Code of Federal Regulations (or successor regulations).