Sec. 201. Indian Tribes
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In this section: The term Account means the Tribal Wildlife Conservation and Restoration Account established by subsection (b)(1). The term conservation has the meaning given the term in section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a ). The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term restoration means the implementation of conservation actions and practices that reestablish or enhance environmental conditions and ecosystem functions that benefit the diversity, resilience, health, and productivity of plants and animals.
The term rewilding means a restoration approach that prohibits human management activities and relies only on natural processes to maintain or improve habitat. The term Secretary means the Secretary of the Interior. The term Tribal species of greatest conservation need means, with respect to an Indian Tribe, any terrestrial, aquatic, or marine fauna or flora that such Indian Tribe determines is— of low or declining population, facing threats and in need of conservation attention; or of cultural importance to such Indian Tribe.
The term wildlife means any species of— wild, free-ranging fauna, including fish; and fauna in a captive breeding program the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range of such species. There is established in the Treasury an account to be known as the Tribal Wildlife Conservation and Restoration Account . Amounts in the Account shall be available until expended, subject to future appropriations, for each fiscal year for apportionment in accordance with this section.
There is authorized to be appropriated to the Account $20,000,000 for each of fiscal years 2025 through 2029. No funds may be appropriated to the Account after fiscal year 2029. Each fiscal year, the Secretary shall distribute amounts in the Account through a noncompetitive grant program according to guidelines, criteria, and reporting requirements determined by the Secretary, acting through the Director of the Bureau of Indian Affairs, in consultation with Indian Tribes. The distribution guidelines and criteria described in subsection
(c)shall be based, in part, upon the wildlife management responsibilities of an Indian Tribe. Any amounts allocated to an Indian Tribe in Alaska under this section may only be used in a manner consistent with the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. ), and Public Law 85–508 (commonly known as the Alaska Statehood Act ) (48 U.S.C. note prec. 21). An Indian Tribe in Alaska may enter into a cooperative agreement with the State of Alaska regarding a conservation project of mutual concern. Except as provided in paragraph (2), amounts distributed to an Indian Tribe under subsection (c)— shall be used for purposes consistent with section 2; shall be used to carry out, develop, or enhance wildlife and habitat conservation and restoration programs; shall be used to assist in the restoration of habitat for species found in the lands and waters of such Tribe that are listed as endangered species, threatened species, candidate species or species proposed for listing, or species petitioned for listing under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), or under State or Tribal law; may be used for management of animals, including harvesting; may be used for the conservation and restoration of habitat for Tribal species of greatest conservation need whose range is shared with another State, territory, Indian Tribe, or foreign government; may be used to manage, control, and prevent invasive species, disease, and other risks to the habitat of Tribal species of greatest conservation need; and may be used for forest and vegetation management activities if the primary purpose of such activity is to modify, improve, enhance, or create wildlife habitat or reduce the risk of damage or destruction to wildlife habitat due to wildfires, insects, or disease, including— planting, seeding, and harvesting; mechanical thinning; prescribed burning; chemical applications designed to restore natural range of variation including creating and maintaining early seral communities; and prescribed haying and grazing practices. Amounts distributed to an Indian Tribe under subsection
(c)may not be used for— rewilding; or the reintroduction or management of a species in a manner not supported by the applicable Tribal fish and wildlife management authorities. With respect to any grant issued under subsection
(c)that exceeds $100,000, the Federal share of total costs of the project funded through such grant may not exceed 90 percent. Amounts distributed to an Indian Tribe under subsection
(c)shall not be conditioned upon the provision of public or non-Tribal access to Tribal or private lands, waters, or holdings. Of the amounts deposited under subsection (b)(3) for each fiscal year, not more than 3 percent shall be used by the Secretary for administrative costs. Not later than the last day of fiscal year 2029, each Indian Tribe that receives funds under this section shall submit to the Director of the Bureau of Indian Affairs a report describing, with respect to such Indian Tribe during the preceding 5 years, the following: A summary of each activity carried out using funding received under subsection (c), including— an accounting of the administrative costs associated with each such activity; and the number of acres of habitat restored, enhanced, or conserved by each such activity. A summary of the results and effectiveness of each activity carried out using funding received under subsection (c), including, if determinable— any change in the population trends of species of greatest conservation need; and any reduction in threats to species of greatest conservation need. The Director of the Bureau of Indian Affairs shall, not later than 180 days after each deadline for the submission of reports under paragraph (1), submit a report summarizing each report received by the Director under paragraph
(1)to— the Committee on Environment and Public Works of the Senate; and the Committee on Natural Resources of the House of Representatives. Nothing in this section may be construed as modifying or abrogating a treaty with any Indian Tribe, or as enlarging or diminishing the authority, jurisdiction, or responsibility of an Indian Tribe to manage, control, or regulate wildlife. If any conflict arises between any provision of this section and any provision of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. ) or the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), then the provision in the Alaska National Interest Lands Conservation Act or the Alaska Native Claims Settlement Act shall prevail.
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- Pub. L. 85-508
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Sec. 201
Indian Tribes
Pub. L.Pub. L. 85-508
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