I

106TH CONGRESS

1ST SESSION S. 613

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 17, 1999

Referred to the Committee on Resources

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.

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 Eco5 nomic Development and Contract Encouragement Act of

6 1999’’.
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1 SEC. 2. CONTRACTS AND AGREEMENTS WITH INDIAN

2 TRIBES.

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

4 is amended to read as follows:

5 ‘‘SEC. 2103. (a) In this section:

6 ‘‘(1) The term ‘Indian lands’ means lands the

7 title to which is held by the United States in trust

8 for an Indian tribe or lands the title to which is held

9 by an Indian tribe subject to a restriction by the

10 United States against alienation.

11 ‘‘(2) The term ‘Indian tribe’ has the meaning

12 given that term in section 4(e) of the Indian Self13 Determination and Education Assistance Act (25

14 U.S.C. 450b(e)).

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

16 of the Interior.

17 ‘‘(b) No agreement or contract with an Indian tribe

18 that encumbers Indian lands for a period of 7 or more

19 years shall be valid unless that agreement or contract

20 bears the approval of the Secretary of the Interior or a

21 designee of the Secretary.

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

23 or contract that the Secretary (or a designee of the Sec24 retary) determines is not covered under that subsection.

25 ‘‘(d) The Secretary (or a designee of the Secretary)

26 shall refuse to approve an agreement or contract that is
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1 covered under subsection (b) if the Secretary (or a des2 ignee of the Secretary) determines that the agreement or

3 contract—

4 ‘‘(1) violates Federal law; or

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

6 ‘‘(A) provides for remedies in the case of

7 a breach of the agreement or contract;

8 ‘‘(B) references a tribal code, ordinance, or

9 ruling of a court of competent jurisdiction that

10 discloses the right of the Indian tribe to assert

11 sovereign immunity as a defense in an action

12 brought against the Indian tribe; or

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

14 right of the Indian tribe to assert sovereign im15 munity as a defense in an action brought

16 against the Indian tribe (including a waiver

17 that limits the nature of relief that may be pro18 vided or the jurisdiction of a court with respect

19 to such an action).

20 ‘‘(e) Not later than 180 days after the date of enact21 ment of the Indian Tribal Economic Development and

22 Contract Encouragement Act of 1999, the Secretary shall

23 issue regulations for identifying types of agreements or

24 contracts that are not covered under subsection (b).

25 ‘‘(f) Nothing in this section shall be construed to—
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1 ‘‘(1) require the Secretary to approve a contract

2 for legal services by an attorney;

3 ‘‘(2) amend or repeal the authority of the Na4 tional Indian Gaming Commission under the Indian

5 Gaming Regulatory Act (25 U.S.C. 2701 et seq.); or

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

7 or charter of an Indian tribe that requires approval

8 by the Secretary of any action by that Indian

9 tribe.’’.

10 SEC. 3. CHOICE OF COUNSEL.

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

12 referred to as the ‘‘Indian Reorganization Act’’) (48 Stat.

13 987, chapter 576; 25 U.S.C. 476(e)) is amended by strik14 ing ‘‘, the choice of counsel and fixing of fees to be subject

15 to the approval of the Secretary’’.

Passed the Senate September 15, 1999.

Attest: GARY SISCO,

Secretary.