PUBLIC LAW 106–447—NOV. 6, 2000

INDIAN TRIBAL REGULATORY REFORM AND

BUSINESS DEVELOPMENT ACT OF 2000

114 STAT. 1934 PUBLIC LAW 106–447—NOV. 6, 2000

Public Law 106–447

106th Congress

An Act

To provide for regulatory reform in order to encourage investment, business, and

economic development with respect to activities conducted on Indian lands.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Indian Tribal Regulatory Reform

and Business Development Act of 2000’’.

SEC. 2. FINDINGS; PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) despite the availability of abundant natural resources

on Indian lands and a rich cultural legacy that accords great

value to self-determination, self-reliance, and independence,

Native Americans suffer rates of unemployment, poverty, poor

health, substandard housing, and associated social ills which

are greater than the rates for any other group in the United

States;

(2) the capacity of Indian tribes to build strong Indian

tribal governments and vigorous economies is hindered by the

inability of Indian tribes to engage communities that surround

Indian lands and outside investors in economic activities conducted on Indian lands;

(3) beginning in 1970, with the issuance by the Nixon

Administration of a special message to Congress on Indian

Affairs, each President has reaffirmed the special governmentto-government relationship between Indian tribes and the

United States; and

(4) the United States has an obligation to assist Indian

tribes with the creation of appropriate economic and political

conditions with respect to Indian lands to—

(A) encourage investment from outside sources that

do not originate with the Indian tribes; and

(B) facilitate economic development on Indian lands.

(b) PURPOSES.—The purposes of this Act are as follows:

(1) To provide for a comprehensive review of the laws

(including regulations) that affect investment and business

decisions concerning activities conducted on Indian lands.

(2) To determine the extent to which those laws unnecessarily or inappropriately impair—

(A) investment and business development on Indian

lands; or

(B) the financial stability and management efficiency

of Indian tribal governments.

25 USC 4301

note.

25 USC 4301

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Indian Tribal

Regulatory

Reform and

Business

Development Act

of 2000.

Nov. 6, 2000

[S. 614]

PUBLIC LAW 106–447—NOV. 6, 2000 114 STAT. 1935

(3) To establish an authority to conduct the review under

paragraph (1) and report findings and recommendations that

result from the review to Congress and the President.

SEC. 3. DEFINITIONS.

In this Act:

(1) AUTHORITY.—The term ‘‘Authority’’ means the Regulatory Reform and Business Development on Indian Lands

Authority.

(2) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means

an agency, as that term is defined in section 551(1) of title

5, United States Code.

(3) INDIAN.—The term ‘‘Indian’’ has the meaning given

that term in section 4(d) of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450b(d)).

(4) INDIAN LANDS.— (A) IN GENERAL.—The term ‘‘Indian lands’’ includes

lands under the definition of—

(i) the term ‘‘Indian country’’ under section 1151

of title 18, United States Code; or

(ii) the term ‘‘reservation’’ under—

(I) section 3(d) of the Indian Financing Act

of 1974 (25 U.S.C. 1452(d)); or

(II) section 4(10) of the Indian Child Welfare

Act of 1978 (25 U.S.C. 1903(10)).

(B) FORMER INDIAN RESERVATIONS IN OKLAHOMA.—For

purposes of applying section 3(d) of the Indian Financing

Act of 1974 (25 U.S.C. 1452(d)) under subparagraph (A)(ii),

the term ‘‘former Indian reservations in Oklahoma’’ shall

be construed to include lands that are—

(i) within the jurisdictional areas of an Oklahoma

Indian tribe (as determined by the Secretary of the

Interior); and

(ii) recognized by the Secretary of the Interior

as eligible for trust land status under part 151 of

title 25, Code of Federal Regulations (as in effect on

the date of enactment of this Act).

(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning

given that term in section 4(e) of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b(e)).

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Commerce.

(7) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’

has the meaning given that term in section 4(l) of the Indian

Self-Determination and Education Assistance Act (25 U.S.C.

450b(l)).

SEC. 4. ESTABLISHMENT OF AUTHORITY.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—Not later than 60 days after the date

of enactment of this Act, the Secretary, in consultation with

the Secretary of the Interior and other officials whom the

Secretary determines to be appropriate, shall establish an

authority to be known as the Regulatory Reform and Business

Development on Indian Lands Authority.

(2) PURPOSE.—The Secretary shall establish the Authority

under this subsection in order to facilitate the identification

and subsequent removal of obstacles to investment, business

Deadline.

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114 STAT. 1936 PUBLIC LAW 106–447—NOV. 6, 2000

development, and the creation of wealth with respect to the

economies of Native American communities.

(b) MEMBERSHIP.— (1) IN GENERAL.—The Authority established under this section shall be composed of 21 members.

(2) REPRESENTATIVES OF INDIAN TRIBES.—12 members of

the Authority shall be representatives of the Indian tribes

from the areas of the Bureau of Indian Affairs. Each such

area shall be represented by such a representative.

(3) REPRESENTATIVES OF THE PRIVATE SECTOR.—No fewer

than 4 members of the Authority shall be representatives of

nongovernmental economic activities carried out by private

enterprises in the private sector.

(c) INITIAL MEETING.—Not later than 90 days after the date

of enactment of this Act, the Authority shall hold its initial meeting.

(d) REVIEW.—Beginning on the date of the initial meeting under

subsection (c), the Authority shall conduct a review of laws

(including regulations) relating to investment, business, and economic development that affect investment and business decisions

concerning activities conducted on Indian lands.

(e) MEETINGS.—The Authority shall meet at the call of the

chairperson.

(f) QUORUM.—A majority of the members of the Authority shall

constitute a quorum, but a lesser number of members may hold

hearings.

(g) CHAIRPERSON.—The Authority shall select a chairperson

from among its members.

SEC. 5. REPORT.

Not later than 1 year after the date of enactment of this

Act, the Authority shall prepare and submit to the Committee

on Indian Affairs of the Senate, the Committee on Resources of

the House of Representatives, and to the governing body of each

Indian tribe a report that includes—

(1) the findings of the Authority concerning the review

conducted under section 4(d); and

(2) such recommendations concerning the proposed revisions to the laws that were subject to review as the Authority

determines to be appropriate.

SEC. 6. POWERS OF THE AUTHORITY.

(a) HEARINGS.—The Authority may hold such hearings, sit and

act at such times and places, take such testimony, and receive

such evidence as the Authority considers advisable to carry out

the duties of the Authority.

(b) INFORMATION FROM FEDERAL AGENCIES.—The Authority

may secure directly from any Federal department or agency such

information as the Authority considers necessary to carry out the

duties of the Authority.

(c) POSTAL SERVICES.—The Authority may use the United

States mails in the same manner and under the same conditions

as other departments and agencies of the Federal Government.

(d) GIFTS.—The Authority may accept, use, and dispose of gifts

or donations of services or property.

SEC. 7. AUTHORITY PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS.—

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PUBLIC LAW 106–447—NOV. 6, 2000 114 STAT. 1937

(1) NON-FEDERAL MEMBERS.—Members of the Authority

who are not officers or employees of the Federal Government

shall serve without compensation, except for travel expenses

as provided under subsection (b).

(2) OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT.—Members of the Authority who are officers or employees

of the United States shall serve without compensation in addition to that received for their services as officers or employees

of the United States.

(b) TRAVEL EXPENSES.—The members of the Authority shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter

I of chapter 57 of title 5, United States Code, while away from

their homes or regular places of business in the performance of

services for the Authority.

(c) STAFF.—

(1) IN GENERAL.—The chairperson of the Authority may,

without regard to the civil service laws, appoint and terminate

such personnel as may be necessary to enable the Authority

to perform its duties.

(2) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairperson of the Authority may procure temporary

and intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals that do not exceed the

daily equivalent of the annual rate of basic pay prescribed

under GS–13 of the General Schedule established under section

5332 of title 5, United States Code.

SEC. 8. TERMINATION OF THE AUTHORITY.

The Authority shall terminate 90 days after the date on which

the Authority has submitted a copy of the report prepared under

section 5 to the committees of Congress specified in section 5

and to the governing body of each Indian tribe.

SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

The activities of the Authority conducted under this Act shall

be exempt from the Federal Advisory Committee Act (5 U.S.C.

App.).

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114 STAT. 1938 PUBLIC LAW 106–447—NOV. 6, 2000

LEGISLATIVE HISTORY—S. 614:

SENATE REPORTS: No. 106–151 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD:

Vol. 145 (1999): Sept. 15, considered and passed Senate.

Vol. 146 (2000): Oct. 23, considered and passed House.

Æ

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act, to remain available until expended.

Approved November 6, 2000.

25 USC 4301

note.