[House Report 114-483]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-483
======================================================================
NATIONAL BISON LEGACY ACT
_______
April 12, 2016.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 2908]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2908) to adopt the bison as the
national mammal of the United States, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Committee Statement and Views.................................... 3
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Bison Legacy Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) bison are considered a historical symbol of the United
States;
(2) bison were integrally linked with the economic and
spiritual lives of many Indian tribes through trade and sacred
ceremonies;
(3) there are more than 60 Indian tribes participating in the
Intertribal Buffalo Council;
(4) numerous members of Indian tribes are involved in bison
restoration on tribal land;
(5) members of Indian tribes have a combined herd on more
than 1,000,000 acres of tribal land;
(6) the Intertribal Buffalo Council is a tribal organization
incorporated pursuant to section 17 of the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (25
U.S.C. 477);
(7) bison can play an important role in improving the types
of grasses found in landscapes to the benefit of grasslands;
(8) a small group of ranchers helped save bison from
extinction in the late 1800s by gathering the remnants of the
decimated herds;
(9) bison hold significant economic value for private
producers and rural communities;
(10) according to the 2012 Census of Agriculture of the
Department of Agriculture, as of 2012, 162,110 head of bison
were under the stewardship of private producers, creating jobs
and providing a sustainable and healthy meat source
contributing to the food security of the United States;
(11) on December 8, 1905, William Hornaday, Theodore
Roosevelt, and others formed the American Bison Society in
response to the near extinction of bison in the United States;
(12) on October 11, 1907, the American Bison Society sent 15
captive-bred bison from the New York Zoological Park, now known
as the ``Bronx Zoo'', to the first wildlife refuge in the
United States, which was known as the ``Wichita Mountains
Wildlife Refuge'', resulting in the first successful
reintroduction of a mammal species on the brink of extinction
back into the natural habitat of the species;
(13) in 2005, the American Bison Society was reestablished,
bringing together bison ranchers, managers from Indian tribes,
Federal and State agencies, conservation organizations, and
natural and social scientists from the United States, Canada,
and Mexico to create a vision for the North American bison in
the 21st century;
(14) there are bison herds in National Wildlife Refuges and
National Parks;
(15) there are bison in State-managed herds across 11 States;
(16) there is a growing effort to celebrate and officially
recognize the historical, cultural, and economic significance
of the North American bison to the heritage of the United
States;
(17) a bison is portrayed on 2 State flags;
(18) the bison has been adopted by 3 States as the official
mammal or animal of those States;
(19) a bison has been depicted on the official seal of the
Department of the Interior since 1912;
(20) the buffalo nickel played an important role in
modernizing the currency of the United States;
(21) several sports teams have the bison as a mascot, which
highlights the iconic significance of bison in the United
States;
(22) in the 2nd session of the 113th Congress, 22 Senators
led a successful effort to enact a resolution to designate
November 1, 2014, as the third annual National Bison Day; and
(23) members of Indian tribes, bison producers,
conservationists, sportsmen, educators, and other public and
private partners have participated in the annual National Bison
Day celebration at several events across the United States and
are committed to continuing this tradition annually on the
first Saturday of November.
SEC. 3. ESTABLISHMENT AND ADOPTION OF THE NORTH AMERICAN BISON AS THE
NATIONAL MAMMAL.
(a) In General.--The mammal commonly known as the ``North American
bison'' is adopted as the national mammal of the United States.
(b) Rule of Construction.--Nothing in this Act or the adoption of the
North American bison as the national mammal of the United States shall
be construed or used as a reason to alter, change, modify, or otherwise
affect any plan, policy, management decision, regulation, or other
action by the Federal Government.
Committee Statement and Views
PURPOSE AND SUMMARY
The National Bison Legacy Act adopts the bison as the
national mammal of the United States.
BACKGROUND AND NEED FOR LEGISLATION
The National Bison Legacy Act establishes the mammal
commonly known as the ``North American bison'' as the national
mammal of the United States. The bill contains 23 findings that
identify the cultural, historical, and economic significance of
the bison on the United States. H.R. 2908's findings also
specifically point out the significance of bison to American
Indians and furthermore draw attention to historical
conservation efforts that saved the bison from extinction.
LEGISLATIVE HISTORY
H.R. 2908, the National Bison Legacy Act, was introduced on
June 25, 2015 by Congressman William Lacy Clay (D-MO) and
referred to the Committee on Oversight and Government Reform.
On March 1, 2016, the Committee on Oversight and Government
Reform ordered H.R. 2908 favorably reported, as amended.
Similar legislation has been introduced by Congressman Clay
in the House two prior times, as H.R. 3400 in the 113th
Congress and H.R. 6304 in the 112th Congresses. No further
action was taken on either bill.
Section-by-Section
Section 1. Short title
Designates the short title of the bill as the ``National
Bison Legacy Act''.
Section 2. Findings
Makes 23 findings regarding the history of bison in the
United States and its cultural and historical importance.
Section 3. Establishment and adoption of the North American bison as
the national mammal
Subsection (a) adopts the mammal commonly known as the
``North American bison'' as the national mammal of the United
States.
Subsection (b) contains a rule of construction stating that
nothing in the Act is designed to otherwise alter federal
policy regarding bison.
Explanation of Amendments
During Full Committee consideration of the bill,
Congresswoman Cynthia Lummis (R-WY) offered an amendment in the
nature of a substitute to include a rule of construction
stating that nothing in the Act is designed to otherwise alter
federal policy regarding bison. The Lummis amendment was
adopted by unanimous consent.
Committee Consideration
On March 1, 2016 the Committee met in open session and
ordered reported favorably the bill, H.R. 2908, by unanimous
consent, a quorum being present.
Roll Call Votes
No roll call votes were requested or conducted during Full
Committee consideration of H.R. 2908.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill adopts the bison as the national mammal of the United
States. As such this bill does not relate to employment or
access to public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of the bill is to adopt the bison as the
national mammal of the United States.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
H.R. 2908--National Bison Legacy Act
H.R. 2908 would establish the North American bison as the
national mammal of the United States. The legislation would not
change any plan, policy, management decision, or regulation of
the federal government. Thus, CBO estimates that implementing
the legislation would have no effect on the federal budget.
Because enacting the bill would not affect direct spending or
revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2908 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 2908 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
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