[Congressional Record Volume 145, Number 40 (Monday, March 15, 1999)]
[Senate]
[Pages S2667-S2669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Inouye):
  S. 614. A bill to provide for regulatory reform in order to encourage 
investment, business, and economic development with respect to 
activities conducted on Indian lands; to the Committee on Indian 
Affairs.


  INDIAN TRIBAL REGULATORY REFORM AND BUSINESS DEVELOPMENT ACT OF 1999

  Mr. CAMPBELL. Mr. President, today I am pleased to introduce another 
key piece of legislation to encourage private sector development on 
Indian lands. This bill is aimed at removing the obstacles that stand 
in the way of responsive government and greater levels of business 
activity in Indian country--the Indian Tribal Regulatory Reform and 
Business Development Act of 1999.
  Over the years, laws, regulations and policies have been built up--
often with good intentions--but have outlived their usefulness or 
relevance to the contemporary needs of Indian tribal governments and 
economies.
  More importantly, the multi-layered bureaucracies, federal as well as 
tribal, have been repeatedly identified as a barrier to Indian 
entrepreneurship and business development on and around Indian lands.
  Efforts to reduce bureaucracy are not new or unique to Indian 
country. Governments around the world have begun

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embarking on efforts to downsize and streamline government operations 
to an appropriate level--one that complements human endeavors rather 
than hindering them.
  The bill I am introducing today is part of the much-needed effort to 
accomplish the same goal to benefit the business environments on Indian 
lands nationwide.
  The legislation requires a comprehensive review of the laws and 
regulations affecting investment and business decisions on Indian 
lands, and requires the Regulatory Reform and Business Development on 
Indian lands Authority to determine the extent to which such laws and 
regulations unnecessarily or inappropriately impair investment and 
business development on Indian lands.
  The Authority is also required to determine how such laws and 
regulations impact the financial stability and management efficiency of 
tribal governments.
  Under the provisions of this bill, the Authority is required to 
conduct the review and within one year report the findings and 
recommendations to the Congress and the President for further actions.
  Mr. President, this is not the first time an effort of this sort has 
been proposed, but I believe that if conducted properly, it can serve 
as a lasting and constructive initiative to further the long-term 
health and prosperity of tribal governments and economies.
  I ask unanimous consent that a copy of the bill be printed in the 
Record, and urge my colleagues to join me in supporting this key 
measure.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 614

       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 1999''.

     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, 
     American Indians and Alaska Natives suffer rates of 
     unemployment, poverty, poor health, substandard housing, and 
     associated social ills to a greater degree than any other 
     group in the United States;
       (2) the capacity of Indian tribes to build strong 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 confirmed 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 
     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.--The term ``Indian lands'' has the 
     meaning given that term in section 4(4) of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703(4)).
       (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 identifying and 
     subsequently removing obstacles to investment, business 
     development, and the creation of wealth with respect to the 
     economies of Indian reservations.
       (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.
       (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 service 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

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     submitted, to the committees of Congress specified in section 
     5, and to the governing body of each Indian tribe, a copy of 
     the report prepared under section 5.

     SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

       The activities of the authority conducted under this title 
     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.
                                 ______