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




 INDIAN TRIBAL ECONOMIC DEVELOPMENT AND CONTRACT ENCOURAGEMENT ACT OF 
                                  1999

  Mr. SHELBY. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 270, S. 613.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 613) to encourage Indian economic development, 
     to provide for the disclosure of Indian tribal sovereign 
     immunity in contracts involving Indian tribes, and for other 
     purposes.

  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 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''.

  Mr. SHELBY. Mr. President, I ask unanimous consent 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. 613), as amended, was read the third time and passed.

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