Indian Tribal Economic Development and Contract Encouragement Act of 2000
PL 106-179 (S.613), enacted 03/14/2000

114 STAT. 46 
PUBLIC LAW 106-179—MAR. 14, 2000 
25 u s e 71 note. 
Public Law 106-179 
106th Congress 
An Act 
M 
14 9nnn 
'^° encourage Indian economic development, to provide for the disclosure of Indian 
:—: 
tribal sovereign immunity in contracts involving Indian tribes, and for other 
[S. 613] 
purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Indian Tribal 
the United States of America in Congress assembled, 
Economic 
Development and 
SECTION 1. SHORT TITLE. 
Encouragement 
This Act may be cited as the "Indian Tribal Economic Develop-
Act of 2000. 
ment 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 Edu-
cation 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 encum-
bers Indian lands for a period of 7 or more years shall be valid 
unless that agreement or contract bears the approval of the Sec-
retary 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 sub-
section (b) if the Secretary (or a designee of the Secretary) deter-
mines 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 
PUBLIC LAW 106-179—MAR. 14, 2000 
114 STAT. 47 
in £in action brought against the Indian tribe (including 
a waiver that Umits the nature of relief that may be pro-
vided or the jurisdiction of a court with respect to such 
an action). 
"(e) Not later than 180 days after the date of enactment of Deadline, 
the Indian Tribal Economic Development and Contract Encourage- Regulations, 
ment Act of 2000, the Secretary shall issue regulations for identi-
fying t3^es 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 xuider 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". 
Approved March 14, 2000. 
LEGISLATIVE HISTORY—S. 613: 
HOUSE REPORTS: No. 106-501 (Comm. on Resources). 
SENATE REPORTS: No. 106-150 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Sept. 15, considered and passed Senate. 
Vol. 146 (2000): Feb. 29, considered and passed House.