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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1474 Reported in Senate (RS)]

                                                       Calendar No. 534
113th CONGRESS
  2d Session
                                S. 1474

   To encourage the State of Alaska to enter into intergovernmental 
agreements with Indian tribes in the State relating to the enforcement 
of certain State laws by Indian tribes, to improve the quality of life 
   in rural Alaska, to reduce alcohol and drug abuse, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2013

  Mr. Begich (for himself and Ms. Murkowski) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                            August 26, 2014

   Reported, under authority of the order of the Senate of August 5 
  (legislative day, August 1), 2014, by Mr. Tester, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To encourage the State of Alaska to enter into intergovernmental 
agreements with Indian tribes in the State relating to the enforcement 
of certain State laws by Indian tribes, to improve the quality of life 
   in rural Alaska, to reduce alcohol and drug abuse, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Alaska Safe Families and 
Villages Act of 2013''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) residents of remote Alaska villages suffer 
        disproportionately from crimes and civil disturbances rooted in 
        alcohol abuse, illicit drug use, suicide, and domestic 
        violence;</DELETED>
        <DELETED>    (2) the alcohol-related suicide rate in remote 
        Alaska villages is 6 times the average in the United States and 
        the alcohol-related mortality rate is 3.5 times that of the 
        general population of the United States;</DELETED>
        <DELETED>    (3) Alaska Native women suffer the highest rate of 
        forcible sexual assault in the United States and an Alaska 
        Native woman is sexually assaulted every 18 hours;</DELETED>
        <DELETED>    (4) according to the Alaska Native Tribal Health 
        Consortium, one in two Alaska Native women experience physical 
        or sexual violence;</DELETED>
        <DELETED>    (5) according to the 2006 Initial Report and 
        Recommendations of the Alaska Rural Justice and Law Enforcement 
        Commission, more than 95 percent of all crimes committed in 
        rural Alaska can be attributed to alcohol abuse;</DELETED>
        <DELETED>    (6) the cost of drug and alcohol abuse in Alaska 
        is estimated at $525,000,000 per year;</DELETED>
        <DELETED>    (7) there are more than 200 remote villages in 
        Alaska, which are ancestral homelands to Indian tribes and 
        geographically isolated by rivers, oceans, and mountains making 
        most of those villages accessible only by air;</DELETED>
        <DELETED>    (8) small size and remoteness, lack of connection 
        to a road system, and extreme weather conditions often prevent 
        or delay travel, including that of law enforcement personnel, 
        into remote villages, resulting in challenging law enforcement 
        conditions;</DELETED>
        <DELETED>    (9) less than \1/2\ of remote Alaska villages are 
        served by trained State law enforcement entities and several 
        Indian tribes provide peace officers or tribal police without 
        adequate training or equipment;</DELETED>
        <DELETED>    (10) the lack of effective law enforcement 
        entities in remote Alaska villages contributes significantly to 
        increased crime, alcohol abuse, drug abuse, domestic violence, 
        rates of suicide, poor educational achievement, and lack of 
        economic development;</DELETED>
        <DELETED>    (11) Indian tribes that operate within remote 
        Alaska villages should be empowered to participate in local 
        culturally relevant solutions to effectively provide law 
        enforcement entities in villages and access to swift judicial 
        proceedings;</DELETED>
        <DELETED>    (12) increasing capacities of local law 
        enforcement entities to achieve increased tribal involvement in 
        State law enforcement in remote villages will promote a 
        stronger link between the State and village residents, 
        encourage community involvement, and create greater local 
        accountability with respect to violence and substance abuse; 
        and</DELETED>
        <DELETED>    (13) the United States has a trust responsibility 
        to Indian tribes in the State.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to improve the delivery of justice in Alaska 
        Native villages by encouraging the State and Indian tribes to 
        enter into intergovernmental agreements relating to the 
        enforcement and adjudication of State laws relating to drug and 
        alcohol offenses; and</DELETED>
        <DELETED>    (2) to enhance coordination and communication 
        among Federal, State, tribal, and local law enforcement 
        agencies.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Attorney general.--The term ``Attorney 
        General'' means the Attorney General of the United 
        States.</DELETED>
        <DELETED>    (2) Director.--The term ``Director'' means the 
        Director of the Office of Tribal Justice.</DELETED>
        <DELETED>    (3) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        479a).</DELETED>
        <DELETED>    (4) Participating indian tribe.--The term 
        ``participating Indian tribe'' means an Indian tribe selected 
        by the Director to participate in the program.</DELETED>
        <DELETED>    (5) Program.--The term ``program'' means the 
        Alaska Safe Families and Villages Self Governance Program 
        established under this Act.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Alaska.</DELETED>
        <DELETED>    (7) Tribal court.--The term ``tribal court'' means 
        any court, council, or a mechanism of any court or council 
        sanctioned by an Indian tribe for the adjudication of disputes, 
        including the violation of tribal laws, ordinances, and 
        regulations.</DELETED>

<DELETED>SEC. 4. ALASKA SAFE FAMILIES AND VILLAGES SELF GOVERNANCE 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Attorney General shall establish a 
program in the Office of Tribal Justice Programs of the Department of 
Justice, to be known as the ``Alaska Safe Families and Villages Self 
Governance Program'', to make grants to Indian tribes in carrying out 
intergovernmental agreements described in subsection (d).</DELETED>
<DELETED>    (b) Administration.--</DELETED>
        <DELETED>    (1) In general.--Each Indian tribe desiring to 
        participate in the program shall submit to the Director an 
        application in accordance with this section.</DELETED>
        <DELETED>    (2) Eligibility.--To be eligible to participate in 
        the program, an Indian tribe in the State shall--</DELETED>
                <DELETED>    (A) request participation by resolution or 
                other official action from the governing body of the 
                Indian tribe;</DELETED>
                <DELETED>    (B) have for the preceding 3 fiscal years 
                no uncorrected significant and material audit 
                exceptions regarding any Federal contract or 
                grant;</DELETED>
                <DELETED>    (C) demonstrate to the Attorney General 
                sufficient governance capacity to conduct the program, 
                as evidenced by the history of the Indian tribe in 
                operating government services (including public 
                utilities, children's courts, law enforcement, social 
                service programs, or other activities);</DELETED>
                <DELETED>    (D) certify that the Indian tribe has 
                entered into an intergovernmental agreement with the 
                State described in subsection (d);</DELETED>
                <DELETED>    (E) meet such other criteria as the 
                Attorney General may promulgate, after providing public 
                notice and an opportunity to comment; and</DELETED>
                <DELETED>    (F) submit to the Attorney General of the 
                State a copy of the application.</DELETED>
        <DELETED>    (3) Public comment.--Each application submitted 
        under this subsection shall be subject to public comment for a 
        period of not less than 30 days after the date on which a 
        notice of the application is published in a newspaper or other 
        publication of general circulation in the vicinity of the 
        Native village of the Indian tribe.</DELETED>
<DELETED>    (c) Use of Amounts.--Each participating Indian tribe shall 
use amounts--</DELETED>
        <DELETED>    (1) to carry out a planning phase that may 
        include--</DELETED>
                <DELETED>    (A) internal governmental and 
                organizational planning;</DELETED>
                <DELETED>    (B) developing written tribal law or 
                ordinances detailing the structure and procedures of 
                the tribal court;</DELETED>
                <DELETED>    (C) developing enforcement mechanisms; 
                and</DELETED>
                <DELETED>    (D) negotiating and finalizing any 
                intergovernmental agreements necessary to carry out 
                this Act; and</DELETED>
        <DELETED>    (2) to carry out activities of the Indian tribe in 
        accordance with an applicable intergovernmental agreement with 
        the State.</DELETED>
<DELETED>    (d) Intergovernmental Agreements.--</DELETED>
        <DELETED>    (1) In general.--The State (including political 
        subdivisions of the State) and Indian tribes in the State are 
        encouraged to enter into intergovernmental agreements relating 
        to the enforcement of certain State laws by the Indian 
        tribe.</DELETED>
        <DELETED>    (2) Contents.--</DELETED>
                <DELETED>    (A) In general.--An intergovernmental 
                agreement described in paragraph (1) may describe the 
                duties of the State and the applicable Indian tribe 
                relating to--</DELETED>
                        <DELETED>    (i) the employment of law 
                        enforcement officers, probation, and parole 
                        officers;</DELETED>
                        <DELETED>    (ii) the appointment and 
                        deputization by the State of tribal law 
                        enforcement officers as special officers to aid 
                        and assist in the enforcement of the criminal 
                        laws of the State;</DELETED>
                        <DELETED>    (iii) the enforcement of 
                        punishments imposed by the Indian tribe under 
                        tribal law;</DELETED>
                        <DELETED>    (iv) the transfer of enforcement 
                        duties for State drug- and alcohol-related 
                        misdemeanor offenses to the Indian 
                        tribe;</DELETED>
                        <DELETED>    (v) the adjudication by the Indian 
                        tribe of State drug- and alcohol-related 
                        misdemeanor offenses;</DELETED>
                        <DELETED>    (vi) the transfer of information 
                        and evidence between tribal law enforcement 
                        entities and the court system of the 
                        State;</DELETED>
                        <DELETED>    (vii) the detention of 
                        offenders;</DELETED>
                        <DELETED>    (viii) searches and seizures of 
                        alcohol and drugs at municipal and State 
                        airports; and</DELETED>
                        <DELETED>    (ix) jurisdictional or financial 
                        matters.</DELETED>
                <DELETED>    (B) Remedies.--Subject to title II of 
                Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly 
                known as the ``Indian Civil Rights Act of 1968''), an 
                intergovernmental agreement described in paragraph (1) 
                may include remedies to be imposed by the applicable 
                Indian tribe relating to the enforcement of State law, 
                including--</DELETED>
                        <DELETED>    (i) restorative justice, including 
                        circle sentencing;</DELETED>
                        <DELETED>    (ii) community service;</DELETED>
                        <DELETED>    (iii) fines;</DELETED>
                        <DELETED>    (iv) forfeitures;</DELETED>
                        <DELETED>    (v) commitments for 
                        treatment;</DELETED>
                        <DELETED>    (vi) restraining orders;</DELETED>
                        <DELETED>    (vii) emergency detentions; 
                        and</DELETED>
                        <DELETED>    (viii) any other remedies agreed 
                        to by the State and Indian tribe.</DELETED>
<DELETED>    (e) Annual Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than May 1 of each 
        year, the Attorney General shall submit to the Committee on 
        Indian Affairs of the Senate and the Committee on Natural 
        Resources of the House of Representatives an annual report 
        that--</DELETED>
                <DELETED>    (A) describes the grants awarded under the 
                program;</DELETED>
                <DELETED>    (B) assesses the effectiveness of the 
                program; and</DELETED>
                <DELETED>    (C) includes any recommendations of the 
                Attorney General relating to the program.</DELETED>
        <DELETED>    (2) Requirements.--Each report shall be prepared 
        in consultation with the government of each participating 
        Indian tribe and the State.</DELETED>
<DELETED>    (f) No Liability for the State of Alaska.--The State, 
including any political subdivision of the State, shall not be liable 
for any act or omission of a participating Indian tribe in carrying out 
this Act, including any act or omission of a participating Indian tribe 
undertaken pursuant to an intergovernmental agreement described in 
subsection (d).</DELETED>
<DELETED>    (g) Regulations.--The Attorney General shall promulgate 
such regulations as the Attorney General determines are necessary to 
carry out this Act.</DELETED>
<DELETED>    (h) Eligibility for Federal Programs.--</DELETED>
        <DELETED>    (1) In general.--Participating Indian tribes shall 
        be eligible for the same tribal court and law enforcement 
        programs and level of funding from the Bureau of Indian Affairs 
        and the Department of Justice as are available to other Indian 
        tribes.</DELETED>
        <DELETED>    (2) Applicability in alaska.--Nothing in this Act 
        limits the application in the State of--</DELETED>
                <DELETED>    (A) the Tribal Law and Order Act of 2010 
                (Public Law 111-211; 124 Stat. 2261);</DELETED>
                <DELETED>    (B) the Violence Against Women 
                Reauthorization Act of 2013 (Public law 113-4; 127 
                Stat. 54); or</DELETED>
                <DELETED>    (C) any amendments made by the Acts 
                referred to in subparagraphs (A) and (B).</DELETED>
<DELETED>    (i) Effect of Act.--Nothing in this Act--</DELETED>
        <DELETED>    (1) limits, alters, or diminishes the civil or 
        criminal jurisdiction of the State, any subdivision of the 
        State, or the United States;</DELETED>
        <DELETED>    (2) limits or diminishes the jurisdiction of any 
        Indian tribe in the State, including inherent and statutory 
        authority of the Indian tribe over child protection, child 
        custody, and domestic violence (as in effect on the day before 
        the date of enactment of this Act);</DELETED>
        <DELETED>    (3) creates a territorial basis for the 
        jurisdiction of any Indian tribe in the State or otherwise 
        creates Indian country in any area of the State;</DELETED>
        <DELETED>    (4) confers any criminal jurisdiction on any 
        Indian tribe in the State;</DELETED>
        <DELETED>    (5) diminishes the trust responsibility of the 
        United States to Indian tribes in the State;</DELETED>
        <DELETED>    (6) abridges or diminishes the sovereign immunity 
        of any Indian tribe in the State;</DELETED>
        <DELETED>    (7) alters the criminal or civil jurisdiction of 
        the Metlakatla Indian Community within the Annette Islands 
        Reserve (as in effect on the date before the date of enactment 
        of this Act);</DELETED>
        <DELETED>    (8) alters the authority of the State to file, in 
        the discretion of the State, a civil or criminal action for the 
        violation of State law;</DELETED>
        <DELETED>    (9) limits in any manner the eligibility of the 
        State, any political subdivision of the State, or any Indian 
        tribe in the State, for any other Federal assistance under any 
        other law; or</DELETED>
        <DELETED>    (10) affects the authority of the United States or 
        any State government that has been delegated authority by the 
        United States to investigate and prosecute a criminal violation 
        in Indian country, including under section 1162 of title 18, 
        United States Code.</DELETED>

<DELETED>SEC. 5. FUNDING.</DELETED>

<DELETED>    The Attorney General shall use amounts made available to 
the Attorney General for the Office of Tribal Justice to carry out the 
program under this Act.</DELETED>

<DELETED>SEC. 6. REPEAL OF SPECIAL RULE FOR STATE OF ALASKA.</DELETED>

<DELETED>    Section 910 of the Violence Against Women Reauthorization 
Act of 2013 (18 U.S.C. 2265 note; Public Law 113-4) is 
repealed.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Safe Families and Villages 
Act of 2014''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) residents of remote Alaska villages suffer 
        disproportionately from crimes and civil disturbances rooted in 
        alcohol abuse, illicit drug use, suicide, and domestic 
        violence;
            (2) the alcohol-related suicide rate in remote Alaska 
        villages is 6 times the average in the United States and the 
        alcohol-related mortality rate is 3.5 times that of the general 
        population of the United States;
            (3) Alaska Native women suffer the highest rate of forcible 
        sexual assault in the United States and an Alaska Native woman 
        is sexually assaulted every 18 hours;
            (4) according to the Alaska Native Tribal Health 
        Consortium, one in two Alaska Native women experience physical 
        or sexual violence;
            (5) according to the 2006 Initial Report and 
        Recommendations of the Alaska Rural Justice and Law Enforcement 
        Commission, more than 95 percent of all crimes committed in 
        rural Alaska can be attributed to alcohol abuse;
            (6) the cost of drug and alcohol abuse in Alaska is 
        estimated at $525,000,000 per year;
            (7) there are more than 200 remote villages in Alaska, 
        which are ancestral homelands to Indian tribes and 
        geographically isolated by rivers, oceans, and mountains making 
        most of those villages accessible only by air;
            (8) small size and remoteness, lack of connection to a road 
        system, and extreme weather conditions often prevent or delay 
        travel, including that of law enforcement personnel, into 
        remote villages, resulting in challenging law enforcement 
        conditions and lack of ready access to the State judicial 
        system;
            (9) less than \1/2\ of remote Alaska villages are served by 
        trained State law enforcement entities and several Indian 
        tribes provide peace officers or tribal police without adequate 
        training or equipment;
            (10) the centralized State judicial system relies on 
        general jurisdiction Superior Courts in the regional hub 
        communities, with only a handful of staffed magistrate courts 
        outside of the hub communities;
            (11) the lack of effective law enforcement and accessible 
        judicial services in remote Alaska villages contributes 
        significantly to increased crime, alcohol abuse, drug abuse, 
        domestic violence, rates of suicide, poor educational 
        achievement, and lack of economic development;
            (12) Indian tribes that operate within remote Alaska 
        villages should be supported in carrying out local culturally 
        relevant solutions to effectively provide law enforcement in 
        villages and access to swift judicial proceedings;
            (13) increasing capacities of local law enforcement 
        entities to enforce local tribal laws and to achieve increased 
        tribal involvement in State law enforcement in remote villages 
        will promote a stronger link between the State and village 
        residents, encourage community involvement, and create greater 
        local accountability with respect to violence and substance 
        abuse;
            (14) the United States has a trust responsibility to Indian 
        tribes in the State;
            (15) the report of the Indian Law and Order Commission to 
        the President and Congress entitled ``A Roadmap to Making 
        Native America Safer'' and dated November 2013 found that the 
        crisis in criminal justice in the State is a national problem 
        and urged the Federal Government and the State to strengthen 
        tribal sovereignty and self-governance and for Congress to 
        create a jurisdictional framework to support tribal sovereignty 
        and expand the authority of Indian tribes in the State; and
            (16) it is necessary to invoke the plenary authority of 
        Congress over Indian tribes under article I, section 8, clause 
        3 of the Constitution to improve access to judicial systems in 
        remote Alaska Native villages and provide for the presence of 
        trained local law enforcement.
    (b) Purposes.--The purposes of this Act are--
            (1) to improve the delivery of justice in Alaska Native 
        villages by--
                    (A) encouraging the State and Indian tribes to 
                enter into intergovernmental agreements relating to the 
                enforcement and adjudication of State laws relating to 
                drug and alcohol offenses; and
                    (B) supporting Indian tribes in the State in the 
                enforcement and adjudication of tribal laws relating to 
                child abuse and neglect, domestic violence, and drug 
                and alcohol offenses; and
            (2) to enhance coordination and communication among 
        Federal, State, tribal, and local law enforcement agencies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Grant program.--The term ``grant program'' means the 
        Alaska Safe Families and Villages Self Governance 
        Intergovernmental Grant Program established under section 4.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
            (4) Participating indian tribe.--The term ``participating 
        Indian tribe'' means an Indian tribe selected by the Attorney 
        General to participate in the grant program or the tribal law 
        program, as applicable.
            (5) Remote alaska village.--The term ``remote Alaska 
        village'' means an Alaska Native Village Statistical Area 
        delineated for the Director of the Census by the officials of 
        the village for the purpose of presenting data for the 
        decennial census conducted under section 141(a) of title 13, 
        United States Code.
            (6) State.--The term ``State'' means the State of Alaska.
            (7) Tribal court.--The term ``tribal court'' means any 
        court, council, or a mechanism of any court or council 
        sanctioned by an Indian tribe for the adjudication of disputes, 
        including the violation of tribal laws, ordinances, and 
        regulations.
            (8) Tribal law program.--The term ``tribal law program'' 
        means the Alaska Safe Families and Villages Tribal Law Program 
        established under section 5.

SEC. 4. ALASKA SAFE FAMILIES AND VILLAGES SELF GOVERNANCE 
              INTERGOVERNMENTAL GRANT PROGRAM.

    (a) In General.--The Attorney General shall establish a program in 
the Office of Justice Programs of the Department of Justice, to be 
known as the Alaska Safe Families and Villages Self Governance 
Intergovernmental Grant Program, to make grants to Indian tribes acting 
on behalf of 1 or more Indian tribes to assist Indian tribes in 
planning for and carrying out intergovernmental agreements described in 
subsection (d).
    (b) Administration.--
            (1) In general.--Each Indian tribe desiring to participate 
        in the grant program shall submit to the Attorney General an 
        application in accordance with this section.
            (2) Eligibility for grant program.--To be eligible to 
        participate in the grant program, an Indian tribe in the State 
        shall--
                    (A) request participation by resolution or other 
                official action by the governing body of the Indian 
                tribe;
                    (B) have for the preceding 3 fiscal years no 
                uncorrected significant and material audit exceptions 
                regarding any Federal contract, compact, or grant;
                    (C) demonstrate to the Attorney General sufficient 
                governance capacity to conduct the grant program, as 
                evidenced by the history of the Indian tribe in 
                operating government services (including public 
                utilities, children's courts, law enforcement, social 
                service programs, or other activities);
                    (D) certify that the Indian tribe has entered into, 
                or can evidence intent to enter into negotiations 
                relating to, an intergovernmental agreement with the 
                State described in subsection (d);
                    (E) meet such other criteria as the Attorney 
                General may promulgate, after providing public notice 
                and an opportunity to comment; and
                    (F) submit to the Attorney General of the State a 
                copy of the application.
    (c) Use of Amounts.--Each participating Indian tribe shall use 
amounts made available under the grant program--
            (1) to carry out a planning phase that may include--
                    (A) internal governmental and organizational 
                planning;
                    (B) developing written tribal law or ordinances, 
                including tribal laws and ordinances detailing the 
                structure and procedures of the tribal court;
                    (C) developing enforcement mechanisms; and
                    (D) negotiating and finalizing any 
                intergovernmental agreements necessary to carry out 
                this section; and
            (2) to carry out activities of the Indian tribe in 
        accordance with an applicable intergovernmental agreement with 
        the State.
    (d) Intergovernmental Agreements.--
            (1) In general.--The State (including political 
        subdivisions of the State) and Indian tribes in the State are 
        encouraged to enter into intergovernmental agreements relating 
        to the enforcement of certain State laws by the Indian tribe.
            (2) Contents.--
                    (A) In general.--An intergovernmental agreement 
                described in paragraph (1) may describe the duties of 
                the State and the applicable Indian tribe relating to--
                            (i) the employment of law enforcement 
                        officers, probation, and parole officers;
                            (ii) the appointment and deputization by 
                        the State of tribal law enforcement officers as 
                        special officers to aid and assist in the 
                        enforcement of the criminal laws of the State;
                            (iii) the enforcement of punishments 
                        imposed by the Indian tribe under tribal law;
                            (iv) the transfer of enforcement duties for 
                        State drug- and alcohol-related misdemeanor 
                        offenses to the Indian tribe;
                            (v) the adjudication by the Indian tribe of 
                        State drug- and alcohol-related misdemeanor 
                        offenses;
                            (vi) the transfer of information and 
                        evidence between tribal law enforcement 
                        entities and the court system of the State;
                            (vii) the detention of offenders;
                            (viii) searches and seizures of alcohol and 
                        drugs at municipal and State airports; and
                            (ix) jurisdictional or financial matters.
                    (B) Remedies.--Subject to title II of Public Law 
                90-284 (25 U.S.C. 1301 et seq. ) (commonly known as the 
                ``Indian Civil Rights Act of 1968''), an 
                intergovernmental agreement described in paragraph (1) 
                may include remedies to be imposed by the applicable 
                Indian tribe relating to the enforcement of State law, 
                including--
                            (i) restorative justice, including circle 
                        sentencing;
                            (ii) community service;
                            (iii) fines;
                            (iv) forfeitures;
                            (v) commitments for treatment;
                            (vi) restraining orders;
                            (vii) emergency detentions; and
                            (viii) any other remedies agreed to by the 
                        State and Indian tribe.
    (e) Annual Report.--
            (1) In general.--Not later than May 1 of each year, the 
        Attorney General shall submit to the Committee on Indian 
        Affairs of the Senate and the Committee on Natural Resources of 
        the House of Representatives an annual report that--
                    (A) describes the grants awarded under the grant 
                program;
                    (B) assesses the effectiveness of the grant 
                program; and
                    (C) includes any recommendations of the Attorney 
                General relating to the grant program.
            (2) Requirements.--Each report shall be prepared in 
        consultation with the government of each participating Indian 
        tribe and the State.

SEC. 5. ALASKA SAFE FAMILIES AND VILLAGES SELF GOVERNANCE TRIBAL LAW 
              PROJECT.

    (a) In General.--The Attorney General shall establish a project in 
the Office of Justice Programs of the Department of Justice, to be 
known as the Alaska Safe Families and Villages Self Governance Tribal 
Law Project, to make grants to Indian tribes acting on behalf of 1 or 
more Indian tribes to assist Indian tribes in planning for and carrying 
out concurrent jurisdiction activities described in subsection (d).
    (b) Application.--
            (1) In general.--Each Indian tribe desiring to participate 
        in the tribal law program shall submit to the Attorney General 
        an application in accordance with this section.
            (2) Eligibility.--To be eligible to participate in the 
        tribal law program, an Indian tribe in the State shall--
                    (A) request participation by resolution or other 
                official action by the governing body of the Indian 
                tribe;
                    (B) have for the preceding 3 fiscal years no 
                uncorrected significant and material audit exceptions 
                regarding any Federal contract, compact, or grant;
                    (C) demonstrate to the Attorney General sufficient 
                governance capacity to conduct the tribal law program, 
                as evidenced by the history of the Indian tribe in 
                operating government services (including public 
                utilities, children's courts, law enforcement, social 
                service programs, or other activities);
                    (D) meet such other criteria as the Attorney 
                General may promulgate, after providing for public 
                notice; and
                    (E) submit to the Attorney General of the State a 
                copy of the application submitted under this section.
            (3) Additional submissions.--On completion of the planning 
        phase described in subsection (c), the Indian tribe shall 
        provide to the Attorney General--
                    (A) the constitution of the Indian tribe or 
                equivalent organic documents showing the structure of 
                the tribal government and the placement and authority 
                of the tribal court within that structure;
                    (B) written tribal laws or ordinances governing 
                tribal court procedures and the regulation and 
                enforcement of child abuse and neglect, domestic 
                violence, drugs and alcohol, and related matters; and
                    (C) such other information as the Attorney General 
                may, by public notice, require.
    (c) Planning Phase.--
            (1) In general.--Each participating Indian tribe shall 
        complete a planning phase that includes--
                    (A) internal governmental and organizational 
                planning;
                    (B) developing written tribal law or ordinances 
                detailing the structure and procedures of the tribal 
                court; and
                    (C) enforcement mechanisms.
            (2) Certification.--
                    (A) In general.--Not later than 120 days after 
                receiving an application under subsection (b), the 
                Attorney General shall certify the completion of the 
                planning phase under this section.
                    (B) Timing.--The Attorney General may make a 
                certification described in subparagraph (A) on the date 
                on which the participating Indian tribe submits an 
                application under subsection (b) if the Indian tribe 
                demonstrates to the Attorney General that the Indian 
                tribe has satisfied the requirements of the planning 
                phase under paragraph (1).
    (d) Concurrent Jurisdiction.--
            (1) In general.--Unless otherwise agreed to by the Indian 
        tribe in an intergovernmental agreement, beginning 30 days 
        after the date on which the certification described in 
        subsection (c)(2) is made, the participating Indian tribe may 
        exercise civil jurisdiction, concurrent with the State, in 
        matters relating to child abuse and neglect, domestic violence, 
        drug-related offenses, and alcohol-related offenses over--
                    (A) any member of, or person eligible for 
                membership in, the Indian tribe; and
                    (B) any nonmember of the Indian tribe, if the 
                nonmember resides or is located in the remote Alaska 
                Native village in which the Indian tribe operates.
            (2) Sanctions.--A participating Indian tribe exercising 
        jurisdiction under paragraph (1) shall impose such civil 
        sanctions as the tribal court has determined to be appropriate, 
        consistent with title II of Public Law 90-284 (25 U.S.C. 1301 
        et seq.) (commonly known as the ``Indian Civil Rights Act of 
        1968'') and tribal law, including--
                    (A) restorative justice, including community or 
                circle sentencing;
                    (B) community service;
                    (C) fines;
                    (D) forfeitures;
                    (E) commitments for treatment;
                    (F) restraining orders;
                    (G) emergency detentions; and
                    (H) any other remedies the tribal court determines 
                are appropriate.
            (3) Incarceration.--A person shall not be incarcerated by a 
        participating Indian tribe exercising jurisdiction under 
        paragraph (1) except pursuant to an intergovernmental agreement 
        described in section 4(d).
            (4) Emergency circumstances.--Nothing in this subsection 
        prevents a participating Indian tribe exercising jurisdiction 
        under paragraph (1) from--
                    (A) assuming protective custody of a member of the 
                Indian tribe or otherwise taking action to prevent 
                imminent harm to that member or others; and
                    (B) taking immediate, temporary protective measures 
                to address a situation involving an imminent threat of 
                harm to a member of the Indian tribe by a nonmember.
    (e) Annual Report.--
            (1) In general.--Not later than May 1 of each year, the 
        Attorney General shall submit to the Committee on Indian 
        Affairs of the Senate and the Committee on Natural Resources of 
        the House of Representatives a brief annual report that--
                    (A) details the activities carried out under the 
                tribal law program; and
                    (B) includes an assessment and any recommendations 
                of the Attorney General relating to the tribal law 
                program.
            (2) Requirements.--Each report shall be prepared--
                    (A) in consultation with the government of each 
                participating Indian tribe; and
                    (B) after the participating Indian tribe and the 
                State have an opportunity to comment on the report.

SEC. 6. ADMINISTRATION.

    (a) Effect of Act.--Nothing in this Act--
            (1) limits, alters, or diminishes the civil or criminal 
        jurisdiction of the State, any subdivision of the State, or the 
        United States;
            (2) limits or diminishes the jurisdiction of any Indian 
        tribe in the State, including inherent and statutory authority 
        of the Indian tribe over alcohol, and drug abuse, child 
        protection, child custody, and domestic violence (as in effect 
        on the day before the date of enactment of this Act);
            (3) creates a territorial basis for the jurisdiction of any 
        Indian tribe in the State (other than as provided in section 5) 
        or otherwise establishes Indian country (as defined in section 
        1151 of title 18, United States Code) in any area of the State;
            (4) confers any criminal jurisdiction on any Indian tribe 
        in the State unless agreed to in an intergovernmental agreement 
        described in section 4(d);
            (5) diminishes the trust responsibility of the United 
        States to Indian tribes in the State;
            (6) abridges or diminishes the sovereign immunity of any 
        Indian tribe in the State;
            (7) alters the criminal or civil jurisdiction of the 
        Metlakatla Indian Community within the Annette Islands Reserve 
        (as in effect on the date before the date of enactment of this 
        Act); or
            (8) limits in any manner the eligibility of the State, any 
        political subdivision of the State, or any Indian tribe in the 
        State, for any other Federal assistance under any other law.
    (b) No Liability for the State of Alaska.--The State, including any 
political subdivision of the State, shall not be liable for any act or 
omission of a participating Indian tribe in carrying out this Act, 
including any act or omission of a participating Indian tribe 
undertaken pursuant to an intergovernmental agreement described in 
section 4(d).
    (c) Regulations.--The Attorney General shall promulgate such 
regulations as the Attorney General determines are necessary to carry 
out this Act.
    (d) Eligibility for Federal Programs.--
            (1) In general.--Participating Indian tribes shall be 
        eligible for the same tribal court and law enforcement programs 
        and level of funding from the Bureau of Indian Affairs as are 
        available to other Indian tribes.
            (2) Applicability in the state.--Nothing in this Act limits 
        the application in the State of--
                    (A) the Tribal Law and Order Act of 2010 (Public 
                Law 111-211; 124 Stat. 2261);
                    (B) the Violence Against Women Reauthorization Act 
                of 2013 (Public law 113-4; 127 Stat. 54); or
                    (C) any amendments made by the Acts referred to in 
                subparagraphs (A) and (B).
    (e) Full Faith and Credit.--
            (1) In general.--Each of the 50 States shall give full 
        faith and credit to all official acts and decrees of the tribal 
        court of a participating Indian tribe to the same extent and in 
        the same manner as that State accords full faith and credit to 
        the official acts and decrees of other States.
            (2) Other laws.--Nothing in this subsection impairs the 
        duty of the State to give full faith and credit under any other 
        law.

SEC. 7. TECHNICAL ASSISTANCE.

    (a) In General.--The Attorney General may enter into contracts with 
Indian tribes in the State to provide--
            (1) training and technical assistance on tribal court 
        development to any Indian tribe in the State; and
            (2) the training for proper transfer of evidence and 
        information--
                    (A) between tribal and State law enforcement 
                entities; and
                    (B) between State and tribal court systems.
    (b) Cooperation.--Indian tribes may cooperate with other entities 
for the provision of services under the contracts described in 
subsection (a).

SEC. 8. FUNDING.

    The Attorney General shall use amounts made available to the 
Attorney General for the Office of Justice Programs to carry out this 
Act.

SEC. 9. REPEAL OF SPECIAL RULE FOR STATE OF ALASKA.

    Section 910 of the Violence Against Women Reauthorization Act of 
2013 ( 18 U.S.C. 2265 note; Public Law 113-4 ) is repealed.
                                                       Calendar No. 534

113th CONGRESS

  2d Session

                                S. 1474

_______________________________________________________________________

                                 A BILL

   To encourage the State of Alaska to enter into intergovernmental 
agreements with Indian tribes in the State relating to the enforcement 
of certain State laws by Indian tribes, to improve the quality of life 
   in rural Alaska, to reduce alcohol and drug abuse, and for other 
                               purposes.

_______________________________________________________________________

                            August 26, 2014

                       Reported with an amendment
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