Indian Tribal Regulatory Reform and Business Development Act of 2000
PL 106-447 (S.614), enacted 11/06/2000

114 STAT. 1934 
PUBLIC LAW 106-447—NOV. 6, 2000 
Public Law 106-447 
106th Congress 
An Act 
Nov. 6, 2000 
[S. 614] 
Indian Tribal 
Regulatory 
Reform and 
Business 
Development Act 
of 2000. 
25 u s e 4301 
note. 
25 u s e 4301 
note. 
To provide for regulatory reform in order to encourage investment, business, and 
economic development with respect to activities conducted on Indian lands. 
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 TribsJ Regulatory Reform 
and Business Development Act of 2000". 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) despite the availability of abundant natural resources 
on Indian lands and a rich cultural legacy that accords great 
value to self-determination, self-reliance, and independence. 
Native Americans suffer rates of unemployment, poverty, poor 
health, substandard housing, and associated social ills which 
are greater than the rates for any other group in the United 
States; 
(2) the capacity of Indian tribes to build strong Indian 
tribal governments and vigorous economies is hindered by the 
inability of Indian tribes to engage communities that surround 
Indian lands and outside investors in economic activities con-
ducted on Indian lands; 
(3) beginning in 1970, with the issuance by the Nixon 
Administration of a special message to Congress on Indian 
Affairs, each President has reaffirmed the special govemment-
to-government relationship between Indian tribes and the 
United States; and 
(4) the United States has an obligation to assist Indian 
tribes with the creation of appropriate economic and political 
conditions with respect to Indian lands to— 
(A) encourage investment from outside sources that 
do not originate with the Indian tribes; and 
(B) facilitate economic development on Indian lands. 
(b) PURPOSES.—^The purposes of this Act are as follows: 
(1) To provide for a comprehensive review of the laws 
(including regulations) that affect investment and business 
decisions concerning activities conducted on Indian lands. 
(2) To determine the extent to which those laws unneces-
sarily or inappropriately impair— 
(A) investment and business development on Indian 
lands; or 
(B) the financial stability and msmagement efficiency 
of Indian tribal governments. 
PUBLIC LAW 106-447—NOV. 6, 2000 
114 STAT. 1935 
(3) To establish an authority to conduct the review under 
paragraph (1) and report findings and recommendations that 
result from the review to Congress and the President. 
SEC. 3. DEFINITIONS. 
25 USC 4JJ01 
In this Act: 
(1) AUTHORITY.—^The term "Authority" means the Regu-
latory Reform and Business Development on Indian Lands 
Authority. 
(2) FEDERAL AGENCY.—^The term "Federal agency" means 
an agency, as that term is defined in section 551(1) of title 
5, United States Code. 
(3) INDIAN.—^The term "Indian" has the meaning given 
that term in section 4(d) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(d)). 
(4) INDIAN LANDS.— 
(A) IN GENERAL.—^The term "Indian lands" includes 
lands under the definition of— 
(i) the term "Indian country" under section 1151 
of title 18, United States Code; or 
(ii) the term "reservation" under— 
(I) section 3(d) of the Indian Financing Act 
of 1974 (25 U.S.C. 1452(d)); or 
(II) section 4(10) of the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1903(10)). 
(B) FORMER INDIAN RESERVATIONS IN OKLAHOMA.—For 
purposes of appl3dng section 3(d) of the Indian Financing 
Act of 1974 (25 U.S.C. 1452(d)) under subparagraph (A)(ii), 
the term "former Indian reservations in Oklahoma" shall 
be construed to include lands that are— 
(i) within the jurisdictional areas of an Oklahoma 
Indian tribe (as determined by the Secretary of the 
Interior); and 
(ii) recognized by the Secretary of the Interior 
as eligible for trust land status under part 151 of 
title 25, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
(5) INDIAN TRIBE.—^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)). 
(6) SECRETARY.—^The term "Secretary" means the Secretary 
of Commerce. 
(7) TRIBAL ORGANIZATION.—The term "tribal organization" 
has the meaning given that term in section 4(1) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450b(l)). 
SEC. 4. ESTABLISHMENT OF AUTHORITY. 
25 USC 4301 
(a) ESTABLISHMENT.— 
^°^' 
(1) IN GENERAL.—^Not later than 60 days after the date Deadline. 
of enactment of this Act, the Secretary, in consultation with 
the Secretary of the Interior and other officials whom the 
Secretary determines to be appropriate, shall establish an 
authority to be known as the Regulatory Reform and Business 
Development on Indian Lands Authority. 
(2) PURPOSE.—^The Secretary shall establish the Authority 
under this subsection in order to facilitate the identification 
and subsequent removal of obstacles to investment, business 
114 STAT. 1936 
PUBLIC LAW 106-447—NOV. 6, 2000 
development, and the creation of wealth with respect to the 
economies of Native American communities, 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—^The Authority established under this sec-
tion shall be composed of 21 members. 
(2) REPRESENTATIVES OF INDIAN TRIBES.—12 members of 
the Authority shall be representatives of the Indian tribes 
from the areas of the Bureau of Indian Affairs. Each such 
area shall be represented by such a representative. 
(3) REPRESENTATIVES OF THE PRIVATE SECTOR.—^No fewer 
than 4 members of the Authority shall be representatives of 
nongovernmental economic activities carried out by private 
enterprises in the private sector. 
Deadline. 
(c) INITIAL MEETING.—Not later than 90 days after the date 
of enactment of this Act, the Authority shall hold its initial meeting. 
(d) REVIEW.—^Beginning on the date of the initial meeting under 
subsection (c), the Authority shall conduct a review of laws 
(including regulations) relating to investment, business, and eco-
nomic development that affect investment and business decisions 
concerning activities conducted on Indian lands. 
(e) MEETINGS.—^The Authority shall meet at the call of the 
chairperson. 
(f) QUORUM.—A majority of the members of the Authority shall 
constitute a quorum, but a lesser number of members may hold 
hearings. 
(g) CHAIRPERSON.—^The Authority shall select a chairperson 
from among its members. 
Deadline. 
SEC. 5. REPORT. 
note. 
Not later than 1 year after the date of enactment of this 
Act, the Authority shall prepare and submit to the Committee 
on Indian Affairs of the Senate, the Committee on Resources of 
the House of Representatives, and to the governing body of each 
Indian tribe a report that includes— 
(1) the findings of the Authority concerning the review 
conducted under section 4(d); and 
(2) such recommendations concerning the proposed revi-
sions to the laws that were subject to review as the Authority 
determines to be appropriate. 
25 use 4301 
SEC. 6. POWERS OF THE AUTHORITY. 
(a) HEARINGS.—^The Authority may hold such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence as the Authority considers advisable to carry out 
the duties of the Authority. 
(b) INFORMATION FROM FEDERAL AGENCIES.—^The Authority 
may secure directly from any Federal department or agency such 
information as the Authority considers necessary to carry out the 
duties of the Authority. 
(c) POSTAL SERVICES.—The Authority may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Grovemment. 
(d) GIFTS,—^The Authority may accept, use, and dispose of gifts 
or donations of services or property. 
25 use 4301 
SEC. 7. AUTHORITY PERSONNEL MATTERS. 
^°^' 
(a) COMPENSATION OF MEMBERS.— 
PUBLIC LAW 106-447—NOV. 6, 2000 
114 STAT. 1937 
(1) NON-FEDERAL MEMBERS.—Members of the Authority 
who are not officers or employees of the Federal Grovemment 
shall serve without compensation, except for travel expenses 
as provided under subsection (b). 
(2) OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERN-
MENT,—^Members of the Authority who are officers or employees 
of the United States shall serve without compensation in addi-
tion to that received for their services as officers or employees 
of the United States. 
(b) TRAVEL EXPENSES.—^The members of the Authority shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Authority. 
(c) STAFF.— 
(1) IN GENERAL.—^The chairperson of the Authority may, 
without regard to the civil service laws, appoint and terminate 
such personnel as may be necessary to enable the Authority 
to perform its duties. 
(2) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—^The chairperson of the Authority may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals that do not exceed the 
daily equivalent of the annual rate of basic pay prescribed 
under GS-13 of the General Schedule established under section 
5332 of title 5, United States Code. 
SEC. 8. TERMINATION OF THE AUTHORITY. 
25USC4301 
The Authority shall terminate 90 days after the date on which 
the Authority has submitted a copy of the report prepared under 
section 5 to the committees of Congress specified in section 5 
and to the governing body of each Indian tribe. 
SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT. 
25 USC 4301 
The activities of the Authority conducted under this Act shall 
be exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.). 
114 STAT. 1938 
PUBLIC LAW 106-447—NOV. 6, 2000 
25 u s e 4301 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act, to remain available until expended. 
Approved November 6, 2000. 
LEGISLATIVE HISTORY—S. 614: 
SENATE REPORTS: No. 106-151 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Sept. 15, considered and passed Senate. 
Vol. 146 (2000): Oct. 23, considered and passed House.