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[106th Congress Public Law 559]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ559.106]

[[Page 2777]]

    INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE ACT OF 2000

[[Page 114 STAT. 2778]]

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. <<NOTE: Dec. 21, 
                          2000 -  [S. 1508]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Indian Tribal Justice 
Technical and Legal Assistance Act of 2000.>>  assembled,

SECTION <<NOTE: 25 USC 3651 note.>>  1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Justice Technical and 
Legal Assistance Act of 2000''.

SEC. <<NOTE: 25 USC 3651.>>  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

[[Page 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. <<NOTE: 25 USC 3652.>>  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. <<NOTE: 25 USC 3653.>>  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

[[Page 114 STAT. 2780]]

        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 <<NOTE: 25 USC 3661.>>  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. <<NOTE: 25 USC 3662.>>  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. <<NOTE: 25 USC 3663.>>  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

[[Page 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. <<NOTE: 25 USC 3664.>>  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. <<NOTE: 25 USC 3665.>>  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. <<NOTE: 25 USC 3666.>>  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. <<NOTE: 25 USC 3681.>>  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.

[[Page 114 STAT. 2782]]

    (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

[[Page 114 STAT. 2783]]

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.

LEGISLATIVE HISTORY--S. 1508:
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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.

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