[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 613 Reported in Senate (RS)]






                                                       Calendar No. 270
106th CONGRESS
  1st Session
                                 S. 613

                          [Report No. 106-150]

To encourage Indian economic development, to provide for the disclosure 
   of Indian tribal sovereign immunity in contracts involving Indian 
                    tribes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 1999

  Mr. Campbell  (for himself and Mr. Hatch) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                           September 8, 1999

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Indian Tribal Economic 
Development and Contract Encouragement Act of 1999''.</DELETED>

<DELETED>SEC. 2. CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.</DELETED>

<DELETED>    Section 2103 of the Revised Statutes (25 U.S.C. 81) is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(a)'' before ``No 
        agreement'';</DELETED>
        <DELETED>    (2) in subsection (a), as designated by paragraph 
        (1) of this section--</DELETED>
                <DELETED>    (A) by striking ``, or individual Indians 
                not citizens of the United States,'';</DELETED>
                <DELETED>    (B) by striking ``First. Such agreement'' 
                and inserting the following:</DELETED>
        <DELETED>    ``(1) Such contract or agreement'';</DELETED>
                <DELETED>    (C) by striking ``Second. It shall bear 
                the approval of the Secretary of the Interior and the 
                Commissioner of Indian Affairs endorsed up on it.'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) Except as provided in subsection (b), it 
        shall bear the approval of the Secretary of the Interior 
        (referred to in this section as the `Secretary') or a designee 
        of the Secretary of the Interior endorsed upon it.'';</DELETED>
                <DELETED>    (D) by striking ``Third. It'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) It'';</DELETED>
                <DELETED>    (E) by striking ``Fourth. It'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(4) It''; and</DELETED>
                <DELETED>    (F) by striking ``Fifth. It'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(5) It'';</DELETED>
        <DELETED>    (3) by inserting ``(d)'' before ``All 
        contracts'';</DELETED>
        <DELETED>    (4) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(b) Subsection (a)(2) shall not apply to a contract or 
agreement in any case in which--</DELETED>
        <DELETED>    ``(1) the Secretary (or a designee of the 
        Secretary) fails to approve or disapprove the contract or 
        agreement by the date that is 90 days after the date on which 
        the contract or agreement is filed with the Secretary under 
        this section; or</DELETED>
        <DELETED>    ``(2)(A) the tribe notifies the Secretary in a 
        manner prescribed by the Secretary under subsection (c)(3) that 
        a contract or agreement is not covered under subsection (a); 
        and</DELETED>
        <DELETED>    ``(B) the Secretary (or a designee of the 
        Secretary) fails to inform the tribe in writing, by the date 
        that is 45 days after receipt of the notification under 
        subparagraph (A), that the Secretary (or designee) intends to 
        review the contract agreement by the date specified in 
        paragraph (1).</DELETED>
<DELETED>    ``(c)(1) The Secretary (or a designee of the Secretary) 
shall refuse to approve a contract or agreement that is filed with the 
Secretary under this section if the Secretary (or designee) determines 
that the contract or agreement--</DELETED>
        <DELETED>    ``(A) violates Federal law; or</DELETED>
        <DELETED>    ``(B)(i) is covered under subsection (a); 
        and</DELETED>
        <DELETED>    ``(ii) does not include a provision that--
        </DELETED>
                <DELETED>    ``(I) provides for remedies in the case of 
                a breach of the contract or agreement;</DELETED>
                <DELETED>    ``(II) references a tribal code, 
                ordinance, or ruling of a court of competent 
                jurisdiction that discloses the right of the tribe to 
                assert sovereign immunity as a defense in an action 
                brought against the tribe; or</DELETED>
                <DELETED>    ``(III) includes an express waiver of the 
                right of the tribe to assert sovereign immunity as a 
                defense in an action brought against the 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).</DELETED>
<DELETED>    ``(2)(A) The Secretary (or a designee of the Secretary) 
shall not approve any contract or agreement that is submitted to the 
Secretary for approval under this section if the Secretary (or 
designee) determines that the contract or agreement is not covered 
under subsection (a).</DELETED>
<DELETED>    ``(B) If the Secretary determines that a contract or 
agreement is not covered under subsection (a), the Secretary shall 
notify the tribe of that determination.</DELETED>
<DELETED>    ``(3) To assist tribes in providing notice under 
subsection (b)(2), the Secretary shall--</DELETED>
        <DELETED>    ``(A) issue guidelines for identifying types of 
        contracts or agreements that are not covered under subsection 
        (a); and</DELETED>
        <DELETED>    ``(B) establish procedures for providing that 
        notice.</DELETED>
<DELETED>    ``(4) The failure of the Secretary to approve a contract 
or agreement under this subsection or to provide notice under paragraph 
(2)(B) shall not affect the applicability of a requirement under any 
other provision of Federal law.'';</DELETED>
        <DELETED>    (5) in subsection (d), as redesignated by 
        paragraph (3) of this section, by striking ``paid to any person 
        by any Indian tribe'' and all that follows through the end of 
        the subsection and inserting ``paid to any person by any tribe 
        or any other person on behalf of the tribe on account of such 
        services in excess of the amount approved by the Secretary of 
        the Interior, may be recovered in an action brought by the 
        tribe or the United States. Such an action may be brought in 
        any district court of the United States, without regard to the 
        amount in controversy. Any amount recovered under this 
        subsection shall be paid to the Treasury of the United States 
        for use by the tribe for whom it was recovered.''; 
        and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
<DELETED>    ``(e) Nothing in this section shall be construed to 
require the Secretary of the Interior to approve a contract for legal 
services by an attorney.''.</DELETED>

<DELETED>SEC. 3. CHOICE OF COUNSEL.</DELETED>

<DELETED>    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''.</DELETED>

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''.




                                                       Calendar No. 270

106th CONGRESS

  1st Session

                                 S. 613

                          [Report No. 106-150]

_______________________________________________________________________

                                 A BILL

To encourage Indian economic development, to provide for the disclosure 
   of Indian tribal sovereign immunity in contracts involving Indian 
                    tribes, and for other purposes.

_______________________________________________________________________

                           September 8, 1999

                       Reported with an amendment