| Home > 106th Congressional Bills > S. 613 (is) To encourage Indian economic development, to provide for the disclosure of Indian tribal sovereign immunity in contracts involving Indian tribes, and for other purposes. [Introduced in Senate] ...
S. 613 (is) To encourage Indian economic development, to provide for the disclosure of Indian tribal sovereign immunity in contracts involving Indian tribes, and for other purposes. [Introduced in Senate] ...
S.613 One Hundred Sixth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-fourth day of January, two thousand 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. 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 Tribal Economic Development 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 Education 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 encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary 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 subsection (b) if the Secretary (or a designee of the Secretary) determines 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 in an action brought against the Indian tribe (including a waiver that limits the nature of relief that may be provided or the jurisdiction of a court with respect to such an action). ``(e) Not later than 180 days after the date of enactment of the Indian Tribal Economic Development and Contract Encouragement Act of 2000, the Secretary shall issue regulations for identifying types 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 under 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''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
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