S. 613 (rh) To encourage Indian economic development, to provide for the disclosure of Indian tribal sovereign immunity in contracts involving Indian tribes, and for other purposes. [Reported in House] ...

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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.

    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 1999''.

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 
1999, 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''.

            Passed the Senate September 15, 1999.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

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