§ 3612 TITLE 25—INDIANS Page 686

§ 3612. Survey of tribal judicial systems

(a) In general

Not later than six months after December 3,

1993, the Secretary, in consultation with Indian

tribes, shall enter into a contract with a nonFederal entity to conduct a survey of conditions

of tribal justice systems and Courts of Indian

Offenses to determine the resources and funding,

including base support funding, needed to provide for expeditious and effective administration

of justice. The Secretary, in like manner, shall

annually update the information and findings

contained in the survey required under this section.

(b) Local conditions

In the course of any annual survey, the nonFederal entity shall document local conditions

of each Indian tribe, including, but not limited

to—

(1) the geographic area and population to be

served;

(2) the levels of functioning and capacity of

the tribal justice system;

(3) the volume and complexity of the caseloads;

(4) the facilities, including detention facilities, and program resources available;

(5) funding levels and personnel staffing requirements for the tribal justice system; and

(6) the training and technical assistance

needs of the tribal justice system.

(c) Consultation with Indian tribes

The non-Federal entity shall actively consult

with Indian tribes and tribal organizations in

the development and conduct of the surveys, including updates thereof, under this section. Indian tribes and tribal organizations shall have

the opportunity to review and make recommendations regarding the findings of the survey,

including updates thereof, prior to final publication of the survey or any update thereof. After

Indian tribes and tribal organizations have reviewed and commented on the results of the survey, or any update thereof, the non-Federal entity shall report its findings, together with the

comments and recommendations of the Indian

tribes and tribal organizations, to the Secretary, the Committee on Indian Affairs of the

Senate, and the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives.

(Pub. L. 103–176, title I, §102, Dec. 3, 1993, 107

Stat. 2006.)

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress. Subcommittee on Native American Affairs changed to Subcommittee on Native American and Insular Affairs.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3613, 3621 of this

title.

§ 3613. Base support funding for tribal justice

systems

(a) In general

Pursuant to the Indian Self-Determination

and Education Assistance Act [25 U.S.C. 450 et

seq.], the Secretary is authorized (to the extent

provided in advance in appropriations Acts) to

enter into contracts, grants, or agreements with

Indian tribes for the performance of any function of the Office and for the development, enhancement, and continuing operation of tribal

justice systems and traditional tribal judicial

practices by Indian tribal governments.

(b) Purposes for which financial assistance may

be used

Financial assistance provided through contracts, grants, or agreements entered into pursuant to this section may be used for—

(1) planning for the development, enhancement, and operation of tribal justice systems;

(2) the employment of judicial personnel;

(3) training programs and continuing education for tribal judicial personnel;

(4) the acquisition, development, and maintenance of a law library and computer assisted

legal research capacities;

(5) the development, revision, and publication of tribal codes, rules of practice, rules of

procedure, and standards of judicial performance and conduct;

(6) the development and operation of records

management systems;

(7) the construction or renovation of facilities for tribal justice systems;

(8) membership and related expenses for participation in national and regional organizations of tribal justice systems and other professional organizations; and

(9) the development and operation of other

innovative and culturally relevant programs

and projects, including (but not limited to)

programs and projects for—

(A) alternative dispute resolution;

(B) tribal victims assistance or victims

services;

(C) tribal probation services or diversion

programs;

(D) juvenile services and multidisciplinary

investigations of child abuse; and

(E) traditional tribal judicial practices,

traditional tribal justice systems, and traditional methods of dispute resolution.

(c) Formula

(1) Not later than 180 days after December 3,

1993, the Secretary, with the full participation

of Indian tribes, shall establish and promulgate

by regulation, a formula which establishes base

support funding for tribal justice systems in carrying out this section.

(2) The Secretary shall assess caseload and

staffing needs for tribal justice systems that

take into account unique geographic and demographic conditions. In the assessment of these

needs, the Secretary shall work cooperatively

with Indian tribes and tribal organizations and

shall refer to any data developed as a result of

the surveys conducted pursuant to section 3612

of this title and to relevant assessment standards developed by the Judicial Conference of the