S. 613

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To encourage Indian economic development, to provide for the disclosure of Indian

tribal sovereign immunity in contracts involving Indian tribes, and for other

purposes.

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 Economic Development and Contract Encouragement Act of 2000’’.

SEC. 2. CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.

Section 2103 of the Revised Statutes (25 U.S.C. 81) is amended

to read as follows:

‘‘SEC. 2103. (a) In this section:

‘‘(1) The term ‘Indian lands’ means lands the title to which

is held by the United States in trust for an Indian tribe or

lands the title to which is held by an Indian tribe subject

to a restriction by the United States against alienation.

‘‘(2) 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)).

‘‘(3) The term ‘Secretary’ means the Secretary of the

Interior.

‘‘(b) No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid

unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary.

‘‘(c) Subsection (b) shall not apply to any agreement or contract

that the Secretary (or a designee of the Secretary) determines

is not covered under that subsection.

‘‘(d) The Secretary (or a designee of the Secretary) shall refuse

to approve an agreement or contract that is covered under subsection (b) if the Secretary (or a designee of the Secretary) determines that the agreement or contract—

‘‘(1) violates Federal law; or

‘‘(2) does not include a provision that—

‘‘(A) provides for remedies in the case of a breach

of the agreement or contract;

‘‘(B) references a tribal code, ordinance, or ruling of

a court of competent jurisdiction that discloses the right

of the Indian tribe to assert sovereign immunity as a

defense in an action brought against the Indian tribe; or

‘‘(C) includes an express waiver of the right of the

Indian tribe to assert sovereign immunity as a defense
S. 613—2

in an action brought against the Indian tribe (including

a waiver that limits the nature of relief that may be provided or the jurisdiction of a court with respect to such

an action).

‘‘(e) Not later than 180 days after the date of enactment of

the Indian Tribal Economic Development and Contract Encouragement Act of 2000, the Secretary shall issue regulations for identifying types of agreements or contracts that are not covered under

subsection (b).

‘‘(f) Nothing in this section shall be construed to—

‘‘(1) require the Secretary to approve a contract for legal

services by an attorney;

‘‘(2) amend or repeal the authority of the National Indian

Gaming Commission under the Indian Gaming Regulatory Act

(25 U.S.C. 2701 et seq.); or

‘‘(3) alter or amend any ordinance, resolution, or charter

of an Indian tribe that requires approval by the Secretary

of any action by that Indian tribe.’’.

SEC. 3. CHOICE OF COUNSEL.

Section 16(e) of the Act of June 18, 1934 (commonly referred

to as the ‘‘Indian Reorganization Act’’) (48 Stat. 987, chapter 576;

25 U.S.C. 476(e)) is amended by striking ‘‘, the choice of counsel

and fixing of fees to be subject to the approval of the Secretary’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.