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[106th Congress Public Law 447]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ447.106]

[[Page 1933]]

  INDIAN TRIBAL REGULATORY REFORM AND BUSINESS DEVELOPMENT ACT OF 2000

[[Page 114 STAT. 1934]]

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. <<NOTE: Nov. 6, 2000 -  [S. 614]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Indian Tribal Regulatory 
Reform and Business Development Act of 2000.>>  assembled,

SECTION 1. SHORT TITLE. <<NOTE: 25 USC 4301 note.>> 

    This Act may be cited as the ``Indian Tribal Regulatory Reform and 
Business Development Act of 2000''.

SEC. 2. FINDINGS; PURPOSES. <<NOTE: 25 USC 4301 note.>> 

    (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 government-
        to-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.

[[Page 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. <<NOTE: 25 USC 4301 note.>> 

    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. <<NOTE: 25 USC 4301 note.>> 

    (a) Establishment.--
            (1) <<NOTE: Deadline.>>  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

[[Page 114 STAT. 1936]]

        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) <<NOTE: Deadline.>>  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. <<NOTE: Deadline. 23 USC 4301 note.>> 

    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. <<NOTE: 25 USC 4301 note.>> 

    (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. <<NOTE: 25 USC 4301 note.>> 

    (a) Compensation of Members.--

[[Page 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. <<NOTE: 25 USC 4301 note.>> 

    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. <<NOTE: 25 USC 
            4301 note.>> 

    The activities of the Authority conducted under this Act shall be 
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

[[Page 114 STAT. 1938]]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 25 USC 4301 note.>> 

    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.

LEGISLATIVE HISTORY--S. 614:
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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.

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