§ 3506 TITLE 25—INDIANS Page 684

sources 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.

§ 3506. Tribal government energy assistance program

(a) Financial assistance

The Secretary may grant financial assistance

to Indian tribal governments, or private sector

persons working in cooperation with Indian tribal governments, to carry out projects to evaluate the feasibility of, develop options for, and

encourage the adoption of energy efficiency and

renewable energy projects on Indian reservations. Such grants may include the costs of

technical assistance in resource assessment, feasibility analysis, technology transfer, and the

resolution of other technical, financial, or management issues identified by the applicants for

such grants.

(b) Conditions

Any applicant for financial assistance under

this section must evidence coordination and cooperation with, and support from, local educational institutions and the affected local energy institutions.

(c) Considerations

In determining the amount of financial assistance to be provided for a proposed project, the

Secretary shall consider—

(1) the extent of involvement of local educational institutions and local energy institutions;

(2) the ease and costs of operation and maintenance of any project contemplated as a part

of the project;

(3) whether the measure will contribute significantly to the development, or the quality

of the environment, of the affected Indian reservations; and

(4) any other factors which the Secretary

may determine to be relevant to a particular

project.

(d) Cost-share

With the exception of grants awarded for the

purpose of feasibility studies, the Secretary

shall require at least 20 percent of the costs of

any project under this section to be provided

from non-Federal sources, unless the grant recipient is a for-profit private sector institution,

in which case the Secretary shall require at

least 50 percent of the costs of any project to be

provided from non-Federal sources.

(e) Authorization of appropriations

There are authorized to be appropriated such

sums as are necessary for the development and

implementation of the program established by

this section.

(Pub. L. 102–486, title XXVI, §2606, Oct. 24, 1992,

106 Stat. 3118.)

CHAPTER 38—INDIAN TRIBAL JUSTICE

SUPPORT

Sec.

3601. Findings.

3602. Definitions.

SUBCHAPTER I—TRIBAL JUSTICE SYSTEMS

3611. Office of Tribal Justice Support.

Sec.

(a) Establishment.

(b) Transfer of existing functions and

personnel.

(c) Functions.

(d) No imposition of standards.

(e) Assistance to tribes.

(f) Information clearinghouse on tribal

justice systems.

3612. Survey of tribal judicial systems.

(a) In general.

(b) Local conditions.

(c) Consultation with Indian tribes.

3613. Base support funding for tribal justice systems.

(a) In general.

(b) Purposes for which financial assistance may be used.

(c) Formula.

3614. Tribal judicial conferences.

SUBCHAPTER II—AUTHORIZATIONS OF

APPROPRIATIONS

3621. Tribal justice systems.

(a) Office.

(b) Base support funding for tribal justice

systems.

(c) Administrative expenses for Office.

(d) Administrative expenses for tribal judicial conferences.

(e) Survey.

(f) Indian priority system.

(g) Allocation of funds.

(h) No offset.

SUBCHAPTER III—DISCLAIMERS

3631. Tribal authority.

§ 3601. Findings

The Congress finds and declares that—

(1) there is a government-to-government relationship between the United States and each

Indian tribe;

(2) the United States has a trust responsibility to each tribal government that includes

the protection of the sovereignty of each tribal government;

(3) Congress, through statutes, treaties, and

the exercise of administrative authorities, has

recognized the self-determination, self-reliance, and inherent sovereignty of Indian

tribes;

(4) Indian tribes possess the inherent authority to establish their own form of government,

including tribal justice systems;

(5) tribal justice systems are an essential

part of tribal governments and serve as important forums for ensuring public health and

safety and the political integrity of tribal governments;

(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as

the appropriate forums for the adjudication of

disputes affecting personal and property

rights;

(7) traditional tribal justice practices are essential to the maintenance of the culture and

identity of Indian tribes and to the goals of

this chapter;

(8) tribal justice systems are inadequately

funded, and the lack of adequate funding impairs their operation; and

(9) tribal government involvement in and

commitment to improving tribal justice systems is essential to the accomplishment of the

goals of this chapter.
Page 685 TITLE 25—INDIANS § 3611

(Pub. L. 103–176, §2, Dec. 3, 1993, 107 Stat. 2004.)

SHORT TITLE

Section 1 of Pub. L. 103–176 provided that: ‘‘This Act

[enacting this chapter] may be cited as the ‘Indian

Tribal Justice Act’.’’

§ 3602. Definitions

For purposes of this chapter:

(1) The term ‘‘Bureau’’ means the Bureau of

Indian Affairs of the Department of the Interior.

(2) The term ‘‘Courts of Indian Offenses’’

means the courts established pursuant to part

11 of title 25, Code of Federal Regulations.

(3) The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, pueblo, or other organized group or community, including any

Alaska Native entity, which administers justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs

and services provided by the United States to

Indian tribes because of their status as Indians.

(4) The term ‘‘judicial personnel’’ means any

judge, magistrate, court counselor, court

clerk, court administrator, bailiff, probation

officer, officer of the court, dispute resolution

facilitator, or other official, employee, or volunteer within the tribal justice system.

(5) The term ‘‘Office’’ means the Office of

Tribal Justice Support within the Bureau of

Indian Affairs.

(6) The term ‘‘Secretary’’ means the Secretary of the Interior.

(7) The term ‘‘tribal organization’’ means

any organization defined in section 450b(l) of

this title.

(8) The term ‘‘tribal justice system’’ means

the entire judicial branch, and employees

thereof, of an Indian tribe, including (but not

limited to) traditional methods and forums for

dispute resolution, lower courts, appellate

courts (including intertribal appellate courts),

alternative dispute resolution systems, and

circuit rider systems, established by inherent

tribal authority whether or not they constitute a court of record.

(Pub. L. 103–176, §3, Dec. 3, 1993, 107 Stat. 2004.)

SUBCHAPTER I—TRIBAL JUSTICE SYSTEMS

§ 3611. Office of Tribal Justice Support

(a) Establishment

There is hereby established within the Bureau

the Office of Tribal Justice Support. The purpose of the Office shall be to further the development, operation, and enhancement of tribal justice systems and Courts of Indian Offenses.

(b) Transfer of existing functions and personnel

All functions performed before December 3,

1993, by the Branch of Judicial Services of the

Bureau and all personnel assigned to such

Branch as of December 3, 1993, are hereby transferred to the Office of Tribal Justice Support.

Any reference in any law, regulation, executive

order, reorganization plan, or delegation of authority to the Branch of Judicial Services is

deemed to be a reference to the Office of Tribal

Justice Support.

(c) Functions

In addition to the functions transferred to the

Office pursuant to subsection (b) of this section,

the Office shall perform the following functions:

(1) Provide funds to Indian tribes and tribal

organizations for the development, enhancement, and continuing operation of tribal justice systems.

(2) Provide technical assistance and training, including programs of continuing education and training for personnel of Courts of

Indian Offenses.

(3) Study and conduct research concerning

the operation of tribal justice systems.

(4) Promote cooperation and coordination

among tribal justice systems and the Federal

and State judiciary systems.

(5) Oversee the continuing operations of the

Courts of Indian Offenses.

(6) Provide funds to Indian tribes and tribal

organizations for the continuation and enhancement of traditional tribal judicial practices.

(d) No imposition of standards

Nothing in this chapter shall be deemed or

construed to authorize the Office to impose justice standards on Indian tribes.

(e) Assistance to tribes

(1) The Office shall provide technical assistance and training to any Indian tribe or tribal

organization upon request. Technical assistance

and training shall include (but not be limited to)

assistance for the development of—

(A) tribal codes and rules of procedure;

(B) tribal court administrative procedures

and court records management systems;

(C) methods of reducing case delays;

(D) methods of alternative dispute resolution;

(E) tribal standards for judicial administration and conduct; and

(F) long-range plans for the enhancement of

tribal justice systems.

(2) Technical assistance and training provided

pursuant to paragraph (1) may be provided

through direct services, by contract with independent entities, or through grants to Indian

tribes or tribal organizations.

(f) Information clearinghouse on tribal justice

systems

The Office shall maintain an information

clearinghouse (which shall include an electronic

data base) on tribal justice systems and Courts

of Indian Offenses, including (but not limited to)

information on staffing, funding, model tribal

codes, tribal justice activities, and tribal judicial decisions. The Office shall take such actions

as may be necessary to ensure the confidentiality of records and other matters involving privacy rights.

(Pub. L. 103–176, title I, §101, Dec. 3, 1993, 107

Stat. 2005.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3614, 3621 of this

title.