[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 614 Enrolled Bill (ENR)]

        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.