Calendar No. 271

106TH CONGRESS

1ST SESSION S. 614

[Report No. 106–151]

A BILL

To provide for regulatory reform in order to enIndian lands. velopment with respect to activities conducted on courage investment, business, and economic deSEPTEMBER 8, 1999

Reported with an amendment
II

Calendar No. 271

106TH CONGRESS

1ST SESSION S. 614

[Report No. 106–151]

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

and economic development with respect to activities conducted on Indian

lands.

IN THE SENATE OF THE UNITED STATES

MARCH 15, 1999

Mr. CAMPBELL (for himself, Mr. INOUYE, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

SEPTEMBER 8, 1999

Reported by Mr. CAMPBELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for regulatory reform in order to encourage investment, business, and economic development with respect to activities conducted on Indian lands.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 This Act may be cited as the ‘‘Indian Tribal Regu4 latory Reform and Business Development Act of 1999’’.
2

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1 SEC. 2. FINDINGS; PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) despite the availability of abundant natural

4 resources on Indian lands and a rich cultural legacy

5 that accords great value to self-determination, self6 reliance, and independence, American Indians and

7 Alaska Natives suffer rates of unemployment, pov8 erty, poor health, substandard housing, and associ9 ated social ills to a greater degree than any other

10 group in the United States;

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

12 tribal governments and vigorous economies is hin13 dered by the inability of Indian tribes to engage

14 communities that surround Indian lands and outside

15 investors in economic activities conducted on Indian

16 lands;

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

18 Nixon Administration of a special message to Con19 gress on Indian Affairs, each President has con20 firmed the special government-to-government rela21 tionship between Indian tribes and the United

22 States; and

23 (4) the United States has an obligation to as24 sist Indian tribes with the creation of appropriate

25 economic and political conditions with respect to In26 dian lands to—
3

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1 (A) encourage investment from outside

2 sources that do not originate with the Indian

3 tribes; and

4 (B) facilitate economic development on In5 dian lands.

6 (b) PURPOSES.—The purposes of this Act are as fol7 lows:

8 (1) To provide for a comprehensive review of

9 the laws (including regulations) that affect invest10 ment and business decisions concerning activities

11 conducted on Indian lands.

12 (2) To determine the extent to which those laws

13 unnecessarily or inappropriately impair—

14 (A) investment and business development

15 on Indian lands; or

16 (B) the financial stability and management

17 efficiency of tribal governments.

18 (3) To establish an authority to conduct the re19 view under paragraph (1) and report findings and

20 recommendations that result from the review to Con21 gress and the President.

22 SEC. 3. DEFINITIONS.

23 In this Act:
4

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1 (1) AUTHORITY.—The term ‘‘Authority’’ means

2 the Regulatory Reform and Business Development

3 on Indian Lands Authority.

4 (2) FEDERAL AGENCY.—The term ‘‘Federal

5 agency’’ means an agency, as that term is defined

6 in section 551(1) of title 5, United States Code.

7 (3) INDIAN.—The term ‘‘Indian’’ has the mean8 ing given that term in section 4(d) of the Indian

9 Self-Determination and Education Assistance Act

10 (25 U.S.C. 450b(d)).

11 (4) INDIAN LANDS.—The term ‘‘Indian lands’’

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

13 the Indian Gaming Regulatory Act (25 U.S.C.

14 2703(4)).

15 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’

16 has the meaning given that term in section 4(e) of

17 the Indian Self-Determination and Education Assist18 ance Act (25 U.S.C. 450b(e)).

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

20 the Secretary of Commerce.

21 (7) TRIBAL ORGANIZATION.—The term ‘‘tribal

22 organization’’ has the meaning given that term in

23 section 4(l) of the Indian Self-Determination and

24 Education Assistance Act (25 U.S.C. 450b(l)).
5

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1 SEC. 4. ESTABLISHMENT OF AUTHORITY.

2 (a) ESTABLISHMENT.—

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

4 the date of enactment of this Act, the Secretary, in

5 consultation with the Secretary of the Interior and

6 other officials whom the Secretary determines to be

7 appropriate, shall establish an authority to be known

8 as the Regulatory Reform and Business Develop9 ment on Indian Lands Authority.

10 (2) PURPOSE.—The Secretary shall establish

11 the Authority under this subsection in order to fa12 cilitate identifying and subsequently removing obsta13 cles to investment, business development, and the

14 creation of wealth with respect to the economies of

15 Indian reservations.

16 (b) MEMBERSHIP.—

17 (1) IN GENERAL.—The Authority established

18 under this section shall be composed of 21 members.

19 (2) REPRESENTATIVES OF INDIAN TRIBES.—12

20 members of the Authority shall be representatives of

21 the Indian tribes from the areas of the Bureau of

22 Indian Affairs. Each such area shall be represented

23 by such a representative.

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

25 the date of enactment of this Act, the Authority shall hold

26 its initial meeting.
6

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

2 meeting under subsection (c), the Authority shall conduct

3 a review of laws (including regulations) relating to invest4 ment, business, and economic development that affect in5 vestment and business decisions concerning activities con6 ducted on Indian lands.

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

8 of the chairperson.

9 (f) QUORUM.—A majority of the members of the Au10 thority shall constitute a quorum, but a lesser number of

11 members may hold hearings.

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

13 chairperson from among its members.

14 SEC. 5. REPORT.

15 Not later than 1 year after the date of enactment

16 of this Act, the Authority shall prepare and submit to the

17 Committee on Indian Affairs of the Senate, the Committee

18 on Resources of the House of Representatives, and to the

19 governing body of each Indian tribe a report that

20 includes—

21 (1) the findings of the Authority concerning the

22 review conducted under section 4(d); and

23 (2) such recommendations concerning the pro24 posed revisions to the laws that were subject to re25 view as the Authority determines to be appropriate.
7

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1 SEC. 6. POWERS OF THE AUTHORITY.

2 (a) HEARINGS.—The Authority may hold such hear3 ings, sit and act at such times and places, take such testi4 mony, and receive such evidence as the Authority con5 siders advisable to carry out the duties of the Authority.

6 (b) INFORMATION FROM FEDERAL AGENCIES.—The

7 Authority may secure directly from any Federal depart8 ment or agency such information as the Authority con9 siders necessary to carry out the duties of the Authority.

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

11 United States mails in the same manner and under the

12 same conditions as other departments and agencies of the

13 Federal Government.

14 (d) GIFTS.—The Authority may accept, use, and dis15 pose of gifts or donations of services or property.

16 SEC. 7. AUTHORITY PERSONNEL MATTERS.

17 (a) COMPENSATION OF MEMBERS.—

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

19 Authority who are not officers or employees of the

20 Federal Government shall serve without compensa21 tion, except for travel expenses, as provided under

22 subsection (b).

23 (2) OFFICERS AND EMPLOYEES OF THE FED24 ERAL GOVERNMENT.—Members of the Authority

25 who are officers or employees of the United States

26 shall serve without compensation in addition to that
8

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1 received for their services as officers or employees of

2 the United States.

3 (b) TRAVEL EXPENSES.—The members of the Au4 thority shall be allowed travel expenses, including per diem

5 in lieu of subsistence, at rates authorized for employees

6 of agencies under subchapter I of chapter 57 of title 5,

7 United States Code, while away from their homes or reg8 ular places of business in the performance of services for

9 the Authority.

10 (c) STAFF.—

11 (1) IN GENERAL.—The chairperson of the Au12 thority may, without regard to the civil service laws,

13 appoint and terminate such personnel as may be

14 necessary to enable the Authority to perform its du15 ties.

16 (2) PROCUREMENT OF TEMPORARY AND INTER17 MITTENT SERVICES.—The chairperson of the Au18 thority may procure temporary and intermittent

19 service under section 3109(b) of title 5, United

20 States Code, at rates for individuals that do not ex21 ceed the daily equivalent of the annual rate of basic

22 pay prescribed under GS–13 of the General Sched23 ule established under section 5332 of title 5, United

24 States Code.
9

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1 SEC. 8. TERMINATION OF THE AUTHORITY.

2 The Authority shall terminate 90 days after the date

3 on which the Authority has submitted, to the committees

4 of Congress specified in section 5, and to the governing

5 body of each Indian tribe, a copy of the report prepared

6 under section 5.

7 SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COM8 MITTEE ACT.

9 The activities of the authority conducted under this

10 title shall be exempt from the Federal Advisory Committee

11 Act (5 U.S.C. App.).

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated such sums

14 as are necessary to carry out this Act, to remain available

15 until expended.

16 SECTION 1. SHORT TITLE.

17 This Act may be cited as the ‘‘Indian Tribal Regu18 latory Reform and Business Development Act of 1999’’.

19 SEC. 2. FINDINGS; PURPOSES.

20 (a) FINDINGS.—Congress finds that—

21 (1) despite the availability of abundant natural

22 resources on Indian lands and a rich cultural legacy

23 that accords great value to self-determination, self-re24 liance, and independence, Native Americans suffer

25 rates of unemployment, poverty, poor health, sub26 standard housing, and associated social ills which are
10

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1 greater than the rates for any other group in the

2 United States;

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

4 Indian tribal governments and vigorous economies is

5 hindered by the inability of Indian tribes to engage

6 communities that surround Indian lands and outside

7 investors in economic activities conducted on Indian

8 lands;

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

10 Nixon Administration of a special message to Con11 gress on Indian Affairs, each President has reaffirmed

12 the special government-to-government relationship be13 tween Indian tribes and the United States; and

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

15 Indian tribes with the creation of appropriate eco16 nomic and political conditions with respect to Indian

17 lands to—

18 (A) encourage investment from outside

19 sources that do not originate with the Indian

20 tribes; and

21 (B) facilitate economic development on In22 dian lands.

23 (b) PURPOSES.—The purposes of this Act are as fol24 lows:
11

•S 614 RS

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

2 laws (including regulations) that affect investment

3 and business decisions concerning activities conducted

4 on Indian lands.

5 (2) To determine the extent to which those laws

6 unnecessarily or inappropriately impair—

7 (A) investment and business development on

8 Indian lands; or

9 (B) the financial stability and management

10 efficiency of Indian tribal governments.

11 (3) To establish an authority to conduct the re12 view under paragraph (1) and report findings and

13 recommendations that result from the review to Con14 gress and the President.

15 SEC. 3. DEFINITIONS.

16 In this Act:

17 (1) AUTHORITY.—The term ‘‘Authority’’ means

18 the Regulatory Reform and Business Development on

19 Indian Lands Authority.

20 (2) FEDERAL AGENCY.—The term ‘‘Federal agen21 cy’’ means an agency, as that term is defined in sec22 tion 551(1) of title 5, United States Code.

23 (3) INDIAN.—The term ‘‘Indian’’ has the mean24 ing given that term in section 4(d) of the Indian Self-
12

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1 Determination and Education Assistance Act (25

2 U.S.C. 450b(d)).

3 (4) INDIAN LANDS.—

4 (A) IN GENERAL.—The term ‘‘Indian

5 lands’’ includes lands under the definition of—

6 (i) the term ‘‘Indian country’’ under

7 section 1151 of title 18, United States Code;

8 or

9 (ii) the term ‘‘reservation’’ under—

10 (I) section 3(d) of the Indian Fi11 nancing Act of 1974 (25 U.S.C.

12 1452(d)); or

13 (II) section 4(10) of the Indian

14 Child Welfare Act of 1978 (25 U.S.C.

15 1903(10)).

16 (B) FORMER INDIAN RESERVATIONS IN

17 OKLAHOMA.—For purposes of applying section

18 3(d) of the Indian Financing Act of 1974 (25

19 U.S.C. 1452(d)) under subparagraph (A)(ii), the

20 term ‘‘former Indian reservations in Oklahoma’’

21 shall be construed to include lands that are—

22 (i) within the jurisdictional areas of

23 an Oklahoma Indian tribe (as determined

24 by the Secretary of the Interior); and
13

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1 (ii) recognized by the Secretary of the

2 Interior as eligible for trust land status

3 under part 151 of title 25, Code of Federal

4 Regulations (as in effect on the date of en5 actment of this Act).

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

7 the meaning given that term in section 4(e) of the In8 dian Self-Determination and Education Assistance

9 Act (25 U.S.C. 450b(e)).

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

11 the Secretary of Commerce.

12 (7) TRIBAL ORGANIZATION.—The term ‘‘tribal

13 organization’’ has the meaning given that term in

14 section 4(l) of the Indian Self-Determination and

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

16 SEC. 4. ESTABLISHMENT OF AUTHORITY.

17 (a) ESTABLISHMENT.—

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

19 the date of enactment of this Act, the Secretary, in

20 consultation with the Secretary of the Interior and

21 other officials whom the Secretary determines to be

22 appropriate, shall establish an authority to be known

23 as the Regulatory Reform and Business Development

24 on Indian Lands Authority.
14

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

2 Authority under this subsection in order to facilitate

3 the identification and subsequent removal of obstacles

4 to investment, business development, and the creation

5 of wealth with respect to the economies of Native

6 American communities.

7 (b) MEMBERSHIP.—

8 (1) IN GENERAL.—The Authority established

9 under this section shall be composed of 21 members.

10 (2) REPRESENTATIVES OF INDIAN TRIBES.—12

11 members of the Authority shall be representatives of

12 the Indian tribes from the areas of the Bureau of In13 dian Affairs. Each such area shall be represented by

14 such a representative.

15 (3) REPRESENTATIVES OF THE PRIVATE SEC16 TOR.—No fewer than 4 members of the Authority

17 shall be representatives of nongovernmental economic

18 activities carried out by private enterprises in the

19 private sector.

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

21 the date of enactment of this Act, the Authority shall hold

22 its initial meeting.

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

24 meeting under subsection (c), the Authority shall conduct

25 a review of laws (including regulations) relating to invest-
15

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1 ment, business, and economic development that affect in2 vestment and business decisions concerning activities con3 ducted on Indian lands.

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

5 of the chairperson.

6 (f) QUORUM.—A majority of the members of the Au7 thority shall constitute a quorum, but a lesser number of

8 members may hold hearings.

9 (g) CHAIRPERSON.—The Authority shall select a chair10 person from among its members.

11 SEC. 5. REPORT.

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

13 this Act, the Authority shall prepare and submit to the

14 Committee on Indian Affairs of the Senate, the Committee

15 on Resources of the House of Representatives, and to the

16 governing body of each Indian tribe a report that

17 includes—

18 (1) the findings of the Authority concerning the

19 review conducted under section 4(d); and

20 (2) such recommendations concerning the pro21 posed revisions to the laws that were subject to review

22 as the Authority determines to be appropriate.

23 SEC. 6. POWERS OF THE AUTHORITY.

24 (a) HEARINGS.—The Authority may hold such hear25 ings, sit and act at such times and places, take such testi-
16

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1 mony, and receive such evidence as the Authority considers

2 advisable to carry out the duties of the Authority.

3 (b) INFORMATION FROM FEDERAL AGENCIES.—The

4 Authority may secure directly from any Federal depart5 ment or agency such information as the Authority considers

6 necessary to carry out the duties of the Authority.

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

8 United States mails in the same manner and under the

9 same conditions as other departments and agencies of the

10 Federal Government.

11 (d) GIFTS.—The Authority may accept, use, and dis12 pose of gifts or donations of services or property.

13 SEC. 7. AUTHORITY PERSONNEL MATTERS.

14 (a) COMPENSATION OF MEMBERS.—

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

16 Authority who are not officers or employees of the

17 Federal Government shall serve without compensa18 tion, except for travel expenses as provided under sub19 section (b).

20 (2) OFFICERS AND EMPLOYEES OF THE FEDERAL

21 GOVERNMENT.—Members of the Authority who are of22 ficers or employees of the United States shall serve

23 without compensation in addition to that received for

24 their services as officers or employees of the United

25 States.
17

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1 (b) TRAVEL EXPENSES.—The members of the Author2 ity shall be allowed travel expenses, including per diem in

3 lieu of subsistence, at rates authorized for employees of

4 agencies under subchapter I of chapter 57 of title 5, United

5 States Code, while away from their homes or regular places

6 of business in the performance of services for the Authority.

7 (c) STAFF.—

8 (1) IN GENERAL.—The chairperson of the Au9 thority may, without regard to the civil service laws,

10 appoint and terminate such personnel as may be nec11 essary to enable the Authority to perform its duties.

12 (2) PROCUREMENT OF TEMPORARY AND INTER13 MITTENT SERVICES.—The chairperson of the Author14 ity may procure temporary and intermittent services

15 under section 3109(b) of title 5, United States Code,

16 at rates for individuals that do not exceed the daily

17 equivalent of the annual rate of basic pay prescribed

18 under GS–13 of the General Schedule established

19 under section 5332 of title 5, United States Code.

20 SEC. 8. TERMINATION OF THE AUTHORITY.

21 The Authority shall terminate 90 days after the date

22 on which the Authority has submitted a copy of the report

23 prepared under section 5 to the committees of Congress spec24 ified in section 5 and to the governing body of each Indian

25 tribe.
18

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1 SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE

2 ACT.

3 The activities of the Authority conducted under this

4 title shall be exempt from the Federal Advisory Committee

5 Act (5 U.S.C. App.).

6 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated such sums as

8 are necessary to carry out this Act, to remain available

9 until expended.