I

106TH CONGRESS

1ST SESSION S. 614

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 17, 1999

Referred to the Committee on Resources

AN ACT

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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Indian Tribal Regu5 latory Reform and Business Development Act of 1999’’.
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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, Native Americans suffer

7 rates of unemployment, poverty, poor health, sub8 standard housing, and associated social ills which

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

10 United States;

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

12 Indian tribal governments and vigorous economies is

13 hindered 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 re20 affirmed 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—
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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 Indian 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:
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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.—

12 (A) IN GENERAL.—The term ‘‘Indian

13 lands’’ includes lands under the definition of—

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

15 section 1151 of title 18, United States

16 Code; or

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

18 (I) section 3(d) of the Indian Fi19 nancing Act of 1974 (25 U.S.C.

20 1452(d)); or

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

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

23 1903(10)).

24 (B) FORMER INDIAN RESERVATIONS IN

25 OKLAHOMA.—For purposes of applying section
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1 3(d) of the Indian Financing Act of 1974 (25

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

3 the term ‘‘former Indian reservations in Okla4 homa’’ shall be construed to include lands that

5 are—

6 (i) within the jurisdictional areas of

7 an Oklahoma Indian tribe (as determined

8 by the Secretary of the Interior); and

9 (ii) recognized by the Secretary of the

10 Interior as eligible for trust land status

11 under part 151 of title 25, Code of Federal

12 Regulations (as in effect on the date of en13 actment of this Act).

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

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

16 the Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 450b(e)).

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

19 the Secretary of Commerce.

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

21 organization’’ has the meaning given that term in

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

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

24 SEC. 4. ESTABLISHMENT OF AUTHORITY.

25 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—Not later than 60 days after

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

3 consultation with the Secretary of the Interior and

4 other officials whom the Secretary determines to be

5 appropriate, shall establish an authority to be known

6 as the Regulatory Reform and Business Develop7 ment on Indian Lands Authority.

8 (2) PURPOSE.—The Secretary shall establish

9 the Authority under this subsection in order to fa10 cilitate the identification and subsequent removal of

11 obstacles to investment, business development, and

12 the creation of wealth with respect to the economies

13 of Native American communities.

14 (b) MEMBERSHIP.—

15 (1) IN GENERAL.—The Authority established

16 under this section shall be composed of 21 members.

17 (2) REPRESENTATIVES OF INDIAN TRIBES.—12

18 members of the Authority shall be representatives of

19 the Indian tribes from the areas of the Bureau of

20 Indian Affairs. Each such area shall be represented

21 by such a representative.

22 (3) REPRESENTATIVES OF THE PRIVATE SEC23 TOR.—No fewer than 4 members of the Authority

24 shall be representatives of nongovernmental eco-
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1 nomic activities carried out by private enterprises in

2 the private sector.

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

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

5 its initial meeting.

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

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

8 a review of laws (including regulations) relating to invest9 ment, business, and economic development that affect in10 vestment and business decisions concerning activities con11 ducted on Indian lands.

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

13 of the chairperson.

14 (f) QUORUM.—A majority of the members of the Au15 thority shall constitute a quorum, but a lesser number of

16 members may hold hearings.

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

18 chairperson from among its members.

19 SEC. 5. REPORT.

20 Not later than 1 year after the date of enactment

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

22 Committee on Indian Affairs of the Senate, the Committee

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

24 governing body of each Indian tribe a report that

25 includes—
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1 (1) the findings of the Authority concerning the

2 review conducted under section 4(d); and

3 (2) such recommendations concerning the pro4 posed revisions to the laws that were subject to re5 view as the Authority determines to be appropriate.

6 SEC. 6. POWERS OF THE AUTHORITY.

7 (a) HEARINGS.—The Authority may hold such hear8 ings, sit and act at such times and places, take such testi9 mony, and receive such evidence as the Authority con10 siders advisable to carry out the duties of the Authority.

11 (b) INFORMATION FROM FEDERAL AGENCIES.—The

12 Authority may secure directly from any Federal depart13 ment or agency such information as the Authority con14 siders necessary to carry out the duties of the Authority.

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

16 United States mails in the same manner and under the

17 same conditions as other departments and agencies of the

18 Federal Government.

19 (d) GIFTS.—The Authority may accept, use, and dis20 pose of gifts or donations of services or property.

21 SEC. 7. AUTHORITY PERSONNEL MATTERS.

22 (a) COMPENSATION OF MEMBERS.—

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

24 Authority who are not officers or employees of the

25 Federal Government shall serve without compensa-
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1 tion, except for travel expenses as provided under

2 subsection (b).

3 (2) OFFICERS AND EMPLOYEES OF THE FED4 ERAL GOVERNMENT.—Members of the Authority

5 who are officers or employees of the United States

6 shall serve without compensation in addition to that

7 received for their services as officers or employees of

8 the United States.

9 (b) TRAVEL EXPENSES.—The members of the Au10 thority shall be allowed travel expenses, including per diem

11 in lieu of subsistence, at rates authorized for employees

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

13 United States Code, while away from their homes or reg14 ular places of business in the performance of services for

15 the Authority.

16 (c) STAFF.—

17 (1) IN GENERAL.—The chairperson of the Au18 thority may, without regard to the civil service laws,

19 appoint and terminate such personnel as may be

20 necessary to enable the Authority to perform its du21 ties.

22 (2) PROCUREMENT OF TEMPORARY AND INTER23 MITTENT SERVICES.—The chairperson of the Au24 thority may procure temporary and intermittent

25 services under section 3109(b) of title 5, United
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1 States Code, at rates for individuals that do not ex2 ceed the daily equivalent of the annual rate of basic

3 pay prescribed under GS–13 of the General Sched4 ule established under section 5332 of title 5, United

5 States Code.

6 SEC. 8. TERMINATION OF THE AUTHORITY.

7 The Authority shall terminate 90 days after the date

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

9 prepared under section 5 to the committees of Congress

10 specified in section 5 and to the governing body of each

11 Indian tribe.

12 SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COM13 MITTEE ACT.

14 The activities of the Authority conducted under this

15 title shall be exempt from the Federal Advisory Committee

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

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such sums

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

20 until expended.

Passed the Senate September 15, 1999.

Attest: GARY SISCO,

Secretary.