[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 613 Enrolled Bill (ENR)]

        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.