Indian Tribal Economic Development and Contract Encouragement Act of 2000

Indian Tribal Economic Development and Contract Encouragement Act of 1999 - Amends Federal law to revise provisions regarding contracts with Indian tribes to invalidate any contract with an Indian tribe that encumbers Indian lands for seven or more years unless it is approved by the Secretary of the Interior. Applies such requirement to Indian lands the title to which is held by the United States in trust for a tribe or held by a tribe subject to a restriction by the United States against alienation.

Directs the Secretary to refuse to approve a contract if it: (1) violates Federal law; or (2) does not include provisions that provide for remedies in case of breach of contract, that reference a tribal code, ordinance, or court ruling that discloses the tribe's right to assert sovereign immunity as a defense in an action brought against the tribe, or that include an express waiver of such right to sovereign immunity.

Requires the Secretary to issue regulations for identifying contracts that are not covered by this Act.

Amends the Indian Reorganization Act to remove a requirement that a tribe's choice of legal counsel and fixing of fees be subject to the Secretary's approval.

[106th Congress Public Law 179]
[From the U.S. Government Publishing Office]


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[DOCID: f:publ179.106]


[[Page 114 STAT. 46]]

Public Law 106-179
106th Congress

                                 An Act


 
To encourage Indian economic development, to provide for the disclosure 
   of Indian tribal sovereign immunity in contracts involving Indian 
  tribes, and for other purposes. <<NOTE: Mar. 14, 2000 -  [S. 613]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Indian Tribal 
Economic Development and Contract Encouragement Act of 2000.>> 

SECTION 1. SHORT TITLE. <<NOTE: 25 USC 71 note.>> 

    This Act may be cited as the ``Indian Tribal Economic Development 
and Contract Encouragement Act of 2000''.

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

[[Page 114 STAT. 47]]

                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) <<NOTE: Deadline. Regulations.>> Not later than 180 days after 
the date of enactment of the Indian Tribal Economic Development and 
Contract Encouragement Act of 2000, 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''.

    Approved March 14, 2000.

LEGISLATIVE HISTORY--S. 613:
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HOUSE REPORTS: No. 106-501 (Comm. on Resources).
SENATE REPORTS: No. 106-150 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Sept. 15, considered and passed 
                                        Senate.
                                                        Vol. 146 (2000):
                                    Feb. 29, considered and passed 
                                        House.

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