II

106TH CONGRESS

1ST SESSION S. 614

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 and Mr. INOUYE) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

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 SECTION 1. SHORT TITLE.

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

6 SEC. 2. FINDINGS; PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) despite the availability of abundant natural

9 resources on Indian lands and a rich cultural legacy
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1 that accords great value to self-determination, self2 reliance, and independence, American Indians and

3 Alaska Natives suffer rates of unemployment, pov4 erty, poor health, substandard housing, and associ5 ated social ills to a greater degree than any other

6 group in the United States;

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

8 tribal governments and vigorous economies is hin9 dered by the inability of Indian tribes to engage

10 communities that surround Indian lands and outside

11 investors in economic activities conducted on Indian

12 lands;

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

14 Nixon Administration of a special message to Con15 gress on Indian Affairs, each President has con16 firmed the special government-to-government rela17 tionship between Indian tribes and the United

18 States; and

19 (4) the United States has an obligation to as20 sist Indian tribes with the creation of appropriate

21 economic and political conditions with respect to In22 dian lands to—

23 (A) encourage investment from outside

24 sources that do not originate with the Indian

25 tribes; and
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1 (B) facilitate economic development on In2 dian lands.

3 (b) PURPOSES.—The purposes of this Act are as fol4 lows:

5 (1) To provide for a comprehensive review of

6 the laws (including regulations) that affect invest7 ment and business decisions concerning activities

8 conducted on Indian lands.

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

10 unnecessarily or inappropriately impair—

11 (A) investment and business development

12 on Indian lands; or

13 (B) the financial stability and management

14 efficiency of tribal governments.

15 (3) To establish an authority to conduct the re16 view under paragraph (1) and report findings and

17 recommendations that result from the review to Con18 gress and the President.

19 SEC. 3. DEFINITIONS.

20 In this Act:

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

22 the Regulatory Reform and Business Development

23 on Indian Lands Authority.
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1 (2) FEDERAL AGENCY.—The term ‘‘Federal

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

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

4 (3) INDIAN.—The term ‘‘Indian’’ has the mean5 ing given that term in section 4(d) of the Indian

6 Self-Determination and Education Assistance Act

7 (25 U.S.C. 450b(d)).

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

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

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

11 2703(4)).

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

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

14 the Indian Self-Determination and Education Assist15 ance Act (25 U.S.C. 450b(e)).

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

17 the Secretary of Commerce.

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

19 organization’’ has the meaning given that term in

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

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

22 SEC. 4. ESTABLISHMENT OF AUTHORITY.

23 (a) ESTABLISHMENT.—

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

25 the date of enactment of this Act, the Secretary, in
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1 consultation with the Secretary of the Interior and

2 other officials whom the Secretary determines to be

3 appropriate, shall establish an authority to be known

4 as the Regulatory Reform and Business Develop5 ment on Indian Lands Authority.

6 (2) PURPOSE.—The Secretary shall establish

7 the Authority under this subsection in order to fa8 cilitate identifying and subsequently removing obsta9 cles to investment, business development, and the

10 creation of wealth with respect to the economies of

11 Indian reservations.

12 (b) MEMBERSHIP.—

13 (1) IN GENERAL.—The Authority established

14 under this section shall be composed of 21 members.

15 (2) REPRESENTATIVES OF INDIAN TRIBES.—12

16 members of the Authority shall be representatives of

17 the Indian tribes from the areas of the Bureau of

18 Indian Affairs. Each such area shall be represented

19 by such a representative.

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-
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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

10 chairperson from among its members.

11 SEC. 5. REPORT.

12 Not later than 1 year after the date of enactment

13 of 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 re22 view 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-
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1 mony, and receive such evidence as the Authority con2 siders 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 con6 siders 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

19 subsection (b).

20 (2) OFFICERS AND EMPLOYEES OF THE FED21 ERAL GOVERNMENT.—Members of the Authority

22 who are officers or employees of the United States

23 shall serve without compensation in addition to that

24 received for their services as officers or employees of

25 the United States.
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1 (b) TRAVEL EXPENSES.—The members of the Au2 thority shall be allowed travel expenses, including per diem

3 in lieu of subsistence, at rates authorized for employees

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

5 United States Code, while away from their homes or reg6 ular places of business in the performance of services for

7 the Authority.

8 (c) STAFF.—

9 (1) IN GENERAL.—The chairperson of the Au10 thority may, without regard to the civil service laws,

11 appoint and terminate such personnel as may be

12 necessary to enable the Authority to perform its du13 ties.

14 (2) PROCUREMENT OF TEMPORARY AND INTER15 MITTENT SERVICES.—The chairperson of the Au16 thority may procure temporary and intermittent

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

18 States Code, at rates for individuals that do not ex19 ceed the daily equivalent of the annual rate of basic

20 pay prescribed under GS–13 of the General Sched21 ule established under section 5332 of title 5, United

22 States Code.

23 SEC. 8. TERMINATION OF THE AUTHORITY.

24 The Authority shall terminate 90 days after the date

25 on which the Authority has submitted, to the committees
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1 of Congress specified in section 5, and to the governing

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

3 under section 5.

4 SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COM5 MITTEE ACT.

6 The activities of the authority conducted under this

7 title shall be exempt from the Federal Advisory Committee

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

9 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated such sums

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

12 until expended.

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