[Congressional Record Volume 145, Number 120 (Wednesday, September 15, 1999)]
[Senate]
[Pages S10958-S10959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INDIAN TRIBAL REGULATORY REFORM AND BUSINESS DEVELOPMENT ACT OF 1999

  Mr. SHELBY. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 271, S. 614.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 614) to provide for regulatory reform in order 
     to encourage investment, business, and economic development 
     with respect to activities conducted on Indian lands.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     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, 
     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

[[Page S10959]]

       (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 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.

  Mr. SHELBY. I ask unanimous consent that the committee substitute 
amendment be agreed to, the bill be read a third time and passed, the 
motion to reconsider be laid upon the table, and any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee substitute amendment was agreed to.
  The bill (S. 614), as amended, was read the third time and passed.

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