[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2301 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2301

 To provide for accountability by Indian tribes under certain Federal 
              environmental laws, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 1998

  Mr. Gorton introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for accountability by Indian tribes under certain Federal 
              environmental laws, 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 ``Tribal Environmental Accountability 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Federal environmental laws are in effect for the 
        benefit of the citizens of the United States, including members 
        of Indian tribes;
            (2) certain Federal environmental laws allow citizens to 
        initiate an action to provide for enforcement, including, in 
        some cases, injunctions to prevent a proposed activity from 
        occurring until such time as certain procedural and substantive 
        requirements are met; and
            (3) the assertion of tribal immunity used to shield an 
        Indian tribe from remedies necessary to achieve compliance with 
        Federal environmental laws impedes the application of those 
        laws for the purpose specified in paragraph (1).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal environmental law.--The term ``Federal 
        environmental law'' means any Federal law affecting the 
        environment, fish and wildlife conservation, or the use of land 
        or water.
            (2) 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)).
            (3) Tribal immunity.--The term ``tribal immunity'' means 
        the immunity of an Indian tribe from jurisdiction of the 
        courts, judicial review of an action of that Indian tribe, and 
        other remedies.
            (4) 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. APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    (a) In General.--An Indian tribe (including a tribal organization) 
shall be subject to any requirements that are applicable to any other 
governmental entity for any action that is subject to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
    (b) Waiver of Tribal Immunity.--To the extent necessary to enforce 
this section, the tribal immunity of an Indian tribe is waived.

SEC. 5. CERTAIN CIVIL ACTIONS.

    (a) In General.--A person or entity may commence a civil action 
against an Indian tribe under any provision of any Federal 
environmental law that authorizes a civil action by that person or 
entity against that Indian tribe.
    (b) Waiver of Tribal Immunity.--With respect to a civil action 
commenced under subsection (a)--
            (1) the tribal immunity of the Indian tribe involved is 
        waived; and
            (2) that Indian tribe may not assert tribal immunity as a 
        defense.

SEC. 6. APPLICABILITY.

    (a) National Environmental Policy Act of 1969.--Section 4 applies 
to any action described in section 4(a) with respect to any project or 
activity of an Indian tribe that has not been completed as of the date 
of enactment of this Act.
    (b) Civil Actions.--Section 5 applies to any civil action described 
in that section commenced on or after the date of enactment of this 
Act.
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