PUBLIC LAW 106–559—DEC. 21, 2000

INDIAN TRIBAL JUSTICE TECHNICAL AND

LEGAL ASSISTANCE ACT OF 2000

114 STAT. 2778 PUBLIC LAW 106–559—DEC. 21, 2000

Public Law 106–559

106th Congress

An Act

To provide technical and legal assistance to tribal justice systems and members

of Indian tribes, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Indian Tribal Justice Technical

and Legal Assistance Act of 2000’’.

SEC. 2. FINDINGS.

The Congress finds and declares that—

(1) there is a government-to-government relationship

between the United States and Indian tribes;

(2) Indian tribes are sovereign entities and are responsible

for exercising governmental authority over Indian lands;

(3) the rate of violent crime committed in Indian country

is approximately twice the rate of violent crime committed

in the United States as a whole;

(4) in any community, a high rate of violent crime is

a major obstacle to investment, job creation and economic

growth;

(5) tribal justice systems are an essential part of tribal

governments and serve as important forums for ensuring the

health and safety and the political integrity of tribal governments;

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

for the adjudication of disputes affecting personal and property

rights on Native lands;

(7) enhancing tribal court systems and improving access

to those systems serves the dual Federal goals of tribal political

self-determination and economic self-sufficiency;

(8) there is both inadequate funding and an inadequate

coordinating mechanism to meet the technical and legal assistance needs of tribal justice systems and this lack of adequate

technical and legal assistance funding impairs their operation;

(9) tribal court membership organizations have served a

critical role in providing training and technical assistance for

development and enhancement of tribal justice systems;

(10) Indian legal services programs, as funded partially

through the Legal Services Corporation, have an established

record of providing cost effective legal assistance to Indian

people in tribal court forums, and also contribute significantly

25 USC 3651.

25 USC 3651

note.

Indian Tribal

Justice Technical

and Legal

Assistance Act of

2000.

Dec. 21, 2000

[S. 1508]

PUBLIC LAW 106–559—DEC. 21, 2000 114 STAT. 2779

to the development of tribal courts and tribal jurisprudence;

and

(11) the provision of adequate technical assistance to tribal

courts and legal assistance to both individuals and tribal courts

is an essential element in the development of strong tribal

court systems.

SEC. 3. PURPOSES.

The purposes of this Act are as follows:

(1) to carry out the responsibility of the United States

to Indian tribes and members of Indian tribes by ensuring

access to quality technical and legal assistance.

(2) To strengthen and improve the capacity of tribal court

systems that address civil and criminal causes of action under

the jurisdiction of Indian tribes.

(3) To strengthen tribal governments and the economies

of Indian tribes through the enhancement and, where appropriate, development of tribal court systems for the administration of justice in Indian country by providing technical and

legal assistance services.

(4) To encourage collaborative efforts between national or

regional membership organizations and associations whose

membership consists of judicial system personnel within tribal

justice systems; non-profit entities which provide legal assistance services for Indian tribes, members of Indian tribes, and/

or tribal justice systems.

(5) To assist in the development of tribal judicial systems

by supplementing prior congressional efforts such as the Indian

Tribal Justice Act (Public Law 103–176).

SEC. 4. DEFINITIONS.

For purposes of this Act:

(1) ATTORNEY GENERAL.—The term ‘‘Attorney General’’

means the Attorney General of the United States.

(2) INDIAN LANDS.—The term ‘‘Indian lands’’ shall include

lands within the definition of ‘‘Indian country’’, as defined in

section 1151 of title 18, United States Code; or ‘‘Indian reservations’’, as defined in section 3(d) of the Indian Financing Act

of 1974 (25 U.S.C. 1452(d)), or section 4(10) of the Indian

Child Welfare Act (25 U.S.C 1903(10)). For purposes of the

preceding sentence, such section 3(d) of the Indian Financing

Act shall be applied by treating the term ‘‘former Indian reservations in Oklahoma’’ as including only lands which are

within the jurisdictional area of an Oklahoma Indian Tribe

(as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under

part 151 of title 25, Code of Federal Regulations (as in effect

on the date of enactment of this sentence).

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any

Indian tribe, band, nation, pueblo, or other organized group

or community which administers justice or plans to administer

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) JUDICIAL PERSONNEL.—The term ‘‘judicial personnel’’

means any judge, magistrate, court counselor, court clerk, court

25 USC 3653.

25 USC 3652.

114 STAT. 2780 PUBLIC LAW 106–559—DEC. 21, 2000

administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal judicial system.

(5) NON-PROFIT ENTITIES.—The term ‘‘non-profit entity’’ or ‘‘non-profit entities’’ has the meaning given that term in section

501(c)(3) of the Internal Revenue Code of 1986.

(6) OFFICE OF TRIBAL JUSTICE.—The term ‘‘Office of Tribal

Justice’’ means the Office of Tribal Justice in the United States

Department of Justice.

(7) TRIBAL JUSTICE SYSTEM.—The term ‘‘tribal court’’, ‘‘tribal

court system’’, or ‘‘tribal justice system’’ means the entire

judicial branch, and employees thereof, of an Indian tribe,

including, but not limited to, traditional methods and fora

for dispute resolution, trial courts, appellate courts, including

inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal

authority whether or not they constitute a court of record.

TITLE I—TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE

GRANTS.

Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award

grants to national or regional membership organizations and

associations whose membership consists of judicial system personnel

within tribal justice systems which submit an application to the

Attorney General in such form and manner as the Attorney General

may prescribe to provide training and technical assistance for the

development, enrichment, enhancement of tribal justice systems,

or other purposes consistent with this Act.

SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.

Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award

grants to non-profit entities, as defined under section 501(c)(3)

of the Internal Revenue Code of 1986, which provide legal assistance

services for Indian tribes, members of Indian tribes, or tribal justice

systems pursuant to Federal poverty guidelines that submit an

application to the Attorney General in such form and manner

as the Attorney General may prescribe for the provision of civil

legal assistance to members of Indian tribes and tribal justice

systems, and/or other purposes consistent with this Act.

SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.

Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award

grants to non-profit entities, as defined by section 501(c)(3) of the

Internal Revenue Code of 1986, which provide legal assistance

services for Indian tribes, members of Indian tribes, or tribal justice

systems pursuant to Federal poverty guidelines that submit an

application to the Attorney General in such form and manner

as the Attorney General may prescribe for the provision of criminal

25 USC 3663.

25 USC 3662.

25 USC 3661.

PUBLIC LAW 106–559—DEC. 21, 2000 114 STAT. 2781

legal assistance to members of Indian tribes and tribal justice

systems, and/or other purposes consistent with this Act. Funding

under this title may apply to programs, procedures, or proceedings

involving adult criminal actions, juvenile delinquency actions, and/

or guardian-ad-litem appointments arising out of criminal or delinquency acts.

SEC. 104. NO OFFSET.

No Federal agency shall offset funds made available pursuant

to this Act for Indian tribal court membership organizations or

Indian legal services organizations against other funds otherwise

available for use in connection with technical or legal assistance

to tribal justice systems or members of Indian tribes.

SEC. 105. TRIBAL AUTHORITY.

Nothing in this Act shall be construed to— (1) encroach upon or diminish in any way the inherent

sovereign authority of each tribal government to determine

the role of the tribal justice system within the tribal government

or to enact and enforce tribal laws;

(2) diminish in any way the authority of tribal governments

to appoint personnel;

(3) impair the rights of each tribal government to determine

the nature of its own legal system or the appointment of

authority within the tribal government;

(4) alter in any way any tribal traditional dispute resolution

fora;

(5) imply that any tribal justice system is an instrumentality of the United States; or

(6) diminish the trust responsibility of the United States

to Indian tribal governments and tribal justice systems of such

governments.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

For purposes of carrying out the activities under this title,

there are authorized to be appropriated such sums as are necessary

for fiscal years 2000 through 2004.

TITLE II—INDIAN TRIBAL COURTS

SEC. 201. GRANTS.

(a) IN GENERAL.—The Attorney General may award grants

and provide technical assistance to Indian tribes to enable such

tribes to carry out programs to support—

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

(2) the development and implementation of—

(A) tribal codes and sentencing guidelines;

(B) inter-tribal courts and appellate systems;

(C) tribal probation services, diversion programs, and

alternative sentencing provisions;

(D) tribal juvenile services and multi-disciplinary

protocols for child physical and sexual abuse; and

(E) traditional tribal judicial practices, traditional

tribal justice systems, and traditional methods of dispute

resolution.

25 USC 3681.

25 USC 3666.

25 USC 3665.

25 USC 3664.

114 STAT. 2782 PUBLIC LAW 106–559—DEC. 21, 2000

(b) CONSULTATION.—In carrying out this section, the Attorney

General may consult with the Office of Tribal Justice and any

other appropriate tribal or Federal officials.

(c) REGULATIONS.—The Attorney General may promulgate such

regulations and guidelines as may be necessary to carry out this

title.

(d) AUTHORIZATION OF APPROPRIATIONS.—For purposes of carrying out the activities under this section, there are authorized

to be appropriated such sums as are necessary for fiscal years

2000 through 2004.

SEC. 202. TRIBAL JUSTICE SYSTEMS.

Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621)

is amended— (1) in subsection (a), by striking ‘‘1994, 1995, 1996, 1997,

1998, 1999, and 2000’’ and inserting ‘‘2000 through 2007’’;

(2) in subsection (b), by striking ‘‘1994, 1995, 1996, 1997,

1998, 1999, and 2000’’ and inserting ‘‘2000 through 2007’’;

(3) in subsection (c), by striking ‘‘1994, 1995, 1996, 1997,

1998, 1999, and 2000’’ and inserting ‘‘2000 through 2007’’;

and

(4) in subsection (d), by striking ‘‘1994, 1995, 1996, 1997,

1998, 1999, and 2000’’ and inserting ‘‘2000 through 2007’’.

TITLE III—TECHNICAL AMENDMENTS

TO ALASKA NATIVE CLAIMS SETTLEMENT ACT

SEC. 301. ALASKA NATIVE VETERANS.

Section 41 of the Alaska Native Claims Settlement Act (43

U.S.C. 1629g) is amended as follows:

(1) Subsection (a)(3)(I)(4) is amended by striking ‘‘and Reindeer’’ and inserting ‘‘or’’.

(2) Subsection (a)(4)(B) is amended by striking ‘‘; and’’

and inserting ‘‘; or’’.

(3) Subsection (b)(1)(B)(i) is amended by striking ‘‘June

2, 1971’’ and inserting ‘‘December 31, 1971’’.

(4) Subsection (b)(2) is amended by striking the matter

preceding subparagraph (A) and inserting the following:

‘‘(2) The personal representative or special administrator,

appointed in an Alaska State court proceeding of the estate of

a decedent who was eligible under subsection (b)(1)(A) may, for

the benefit of the heirs, select an allotment if the decedent was

a veteran who served in South East Asia at any time during

the period beginning August 5, 1964, and ending December 31,

1971, and during that period the decedent—’’.

SEC. 302. LEVIES ON SETTLEMENT TRUST INTERESTS.

Section 39(c) of the Alaska Native Claims Settlement Act (43

U.S.C. 1629e(c)) is amended by adding at the end the following

new paragraph:

‘‘(8) A beneficiary’s interest in a settlement trust and the distributions thereon shall be subject to creditor action (including

without limitation, levy attachment, pledge, lien, judgment execution, assignment, and the insolvency and bankruptcy laws) only

PUBLIC LAW 106–559—DEC. 21, 2000 114 STAT. 2783

LEGISLATIVE HISTORY—S. 1508:

HOUSE REPORTS: No. 106–819, Pt. 1 (Comm. on Resources).

SENATE REPORTS: No. 106–219 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD:

Vol. 145 (1999): Nov. 19, considered and passed Senate.

Vol. 146 (2000): Oct. 23, considered and passed House, amended.

Dec. 11, Senate concurred in House amendment.

Æ

to the extent that Settlement Common Stock and the distributions

thereon are subject to such creditor action under section 7(h) of

this Act.’’.

TITLE IV—NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN,

ALASKAN NATIVE, AND NATIVE HAWAIIAN YOUTH

SEC. 401. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM

FOR AMERICAN INDIAN, ALASKAN NATIVE, AND NATIVE

HAWAIIAN YOUTH.

(a) IN GENERAL.—There are authorized to be appropriated to

the Secretary of Education for the Washington Workshops Foundation $2,200,000 for administration of a national leadership symposium for American Indian, Alaskan Native, and Native Hawaiian

youth on the traditions and values of American democracy.

(b) CONTENT OF SYMPOSIUM.—The symposium administered

under subsection (a) shall—

(1) be comprised of youth seminar programs which study

the workings and practices of American national government

in Washington, DC, to be held in conjunction with the opening

of the Smithsonian National Museum of the American Indian;

and

(2) envision the participation and enhancement of American

Indian, Alaskan Native, and Native Hawaiian youth in the

American political process by interfacing in the first-hand operations of the United States Government.

Approved December 21, 2000.