§ 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
Page 687 TITLE 25—INDIANS § 3621

United States, the National Center for State

Courts, the American Bar Association, and appropriate State bar associations.

(3) Factors to be considered in the development of the base support funding formula shall

include, but are not limited to—

(A) the caseload and staffing needs identified

under paragraph (2);

(B) the geographic area and population to be

served;

(C) the volume and complexity of the caseloads;

(D) the projected number of cases per month;

(E) the projected number of persons receiving probation services or participating in diversion programs; and

(F) any special circumstances warranting

additional financial assistance.

(4) In developing and administering the formula for base support funding for the tribal judicial systems under this section, the Secretary

shall ensure equitable distribution of funds.

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

Stat. 2007.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), is Pub. L. 93–638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3621 of this title.

§ 3614. Tribal judicial conferences

The Secretary is authorized to provide funds

to tribal judicial conferences, under section 3611

of this title, pursuant to contracts entered into

under the authority of the Indian Self-Determination and Education Assistance Act [25

U.S.C. 450 et seq.] for the development, enhancement, and continuing operation of tribal justice

systems of Indian tribes which are members of

such conference. Funds provided under this section may be used for—

(1) the employment of judges, magistrates,

court counselors, court clerks, court administrators, bailiffs, probation officers, officers of

the court, or dispute resolution facilitators;

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

procedure, and standards of judicial performance and conduct;

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

legal research capacities;

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

(5) the development and operation of records

management systems;

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

and

(7) 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 justice systems, and traditional

methods of dispute resolution.

(Pub. L. 103–176, title I, §104, Dec. 3, 1993, 107

Stat. 2008.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4,

1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 450 of

this title and Tables.

SUBCHAPTER II—AUTHORIZATIONS OF

APPROPRIATIONS

§ 3621. Tribal justice systems

(a) Office

There is authorized to be appropriated to

carry out the provisions of sections 3611 and 3612

of this title, $7,000,000 for each of the fiscal years

1994, 1995, 1996, 1997, 1998, 1999, and 2000. None of

the funds provided under this subsection may be

used for the administrative expenses of the Office.

(b) Base support funding for tribal justice systems

There is authorized to be appropriated to

carry out the provisions of section 3613 of this

title, $50,000,000 for each of the fiscal years 1994,

1995, 1996, 1997, 1998, 1999, and 2000.

(c) Administrative expenses for Office

There is authorized to be appropriated, for the

administrative expenses of the Office, $500,000

for each of the fiscal years 1994, 1995, 1996, 1997,

1998, 1999, and 2000.

(d) Administrative expenses for tribal judicial

conferences

There is authorized to be appropriated, for the

administrative expenses of tribal judicial conferences, $500,000 for each of the fiscal years 1994,

1995, 1996, 1997, 1998, 1999, and 2000.

(e) Survey

For carrying out the survey under section 3612

of this title, there is authorized to be appropriated, in addition to the amount authorized

under subsection (a) of this section, $400,000.

(f) Indian priority system

Funds appropriated pursuant to the authorizations provided by this section and available for

a tribal justice system shall not be subject to

the Indian priority system. Nothing in this

chapter shall preclude a tribal government from

supplementing any funds received under this

chapter with funds received from any other

source including the Bureau or any other Federal agency.

(g) Allocation of funds

In allocating funds appropriated pursuant to

the authorization contained in subsection (a) of