Home > 106th Congressional Bills > S. 614 (is) To provide for regulatory reform in order to encourage investment, business, and economic development with respect to activities conducted on Indian lands. [Introduced in Senate] ...S. 614 (is) To provide for regulatory reform in order to encourage investment, business, and economic development with respect to activities conducted on Indian lands. [Introduced in Senate] ...
S.614
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 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 Tribal 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 conducted 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 government-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 unnecessarily
or inappropriately impair--
(A) investment and business development on Indian lands; or
(B) the financial stability and management efficiency of
Indian tribal governments.
(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.
In this Act:
(1) Authority.--The term ``Authority'' means the Regulatory
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 applying 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(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)).
SEC. 4. ESTABLISHMENT OF AUTHORITY.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date 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
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 section
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.
(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 economic 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.
SEC. 5. REPORT.
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 revisions to
the laws that were subject to review as the Authority determines to
be appropriate.
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 Government.
(d) Gifts.--The Authority may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. AUTHORITY PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal members.--Members of the Authority who are not
officers or employees of the Federal Government shall serve without
compensation, except for travel expenses as provided under
subsection (b).
(2) Officers and employees of the federal government.--Members
of the Authority who are officers or employees of the United States
shall serve without compensation in addition 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 services.--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.
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.
The activities of the Authority conducted under this Act shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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