II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Alaska Safe Families 

3 and Villages Act of 2013’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) residents of remote Alaska villages suffer 

7 disproportionately from crimes and civil disturbances 

8 rooted in alcohol abuse, illicit drug use, suicide, and 

9 domestic violence; 

10 (2) the alcohol-related suicide rate in remote 

11 Alaska villages is 6 times the average in the United 

12 States and the alcohol-related mortality rate is 3.5 

13 times that of the general population of the United 

14 States; 

15 (3) Alaska Native women suffer the highest 

16 rate of forcible sexual assault in the United States 

17 and an Alaska Native woman is sexually assaulted 

18 every 18 hours; 

19 (4) according to the Alaska Native Tribal 

20 Health Consortium, one in two Alaska Native 

21 women experience physical or sexual violence; 

22 (5) according to the 2006 Initial Report and 

23 Recommendations of the Alaska Rural Justice and 

24 Law Enforcement Commission, more than 95 per25 cent of all crimes committed in rural Alaska can be 

26 attributed to alcohol abuse; 


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1 (6) the cost of drug and alcohol abuse in Alaska 

2 is estimated at $525,000,000 per year; 

3 (7) there are more than 200 remote villages in 

4 Alaska, which are ancestral homelands to Indian 

5 tribes and geographically isolated by rivers, oceans, 

6 and mountains making most of those villages acces7 sible only by air; 

8 (8) small size and remoteness, lack of connec9 tion to a road system, and extreme weather condi10 tions often prevent or delay travel, including that of 

11 law enforcement personnel, into remote villages, re12 sulting in challenging law enforcement conditions; 

(9) less than 1 13 ⁄2 of remote Alaska villages are 

14 served by trained State law enforcement entities and 

15 several Indian tribes provide peace officers or tribal 

16 police without adequate training or equipment; 

17 (10) the lack of effective law enforcement enti18 ties in remote Alaska villages contributes signifi19 cantly to increased crime, alcohol abuse, drug abuse, 

20 domestic violence, rates of suicide, poor educational 

21 achievement, and lack of economic development; 

22 (11) Indian tribes that operate within remote 

23 Alaska villages should be empowered to participate 

24 in local culturally relevant solutions to effectively 


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1 provide law enforcement entities in villages and ac2 cess to swift judicial proceedings; 

3 (12) increasing capacities of local law enforce4 ment entities to achieve increased tribal involvement 

5 in State law enforcement in remote villages will pro6 mote a stronger link between the State and village 

7 residents, encourage community involvement, and 

8 create greater local accountability with respect to vi9 olence and substance abuse; and 

10 (13) the United States has a trust responsi11 bility to Indian tribes in the State. 

12 (b) PURPOSES.—The purposes of this Act are— 

13 (1) to improve the delivery of justice in Alaska 

14 Native villages by encouraging the State and Indian 

15 tribes to enter into intergovernmental agreements 

16 relating to the enforcement and adjudication of 

17 State laws relating to drug and alcohol offenses; and 

18 (2) to enhance coordination and communication 

19 among Federal, State, tribal, and local law enforce20 ment agencies. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) ATTORNEY GENERAL.—The term ‘‘Attorney 

24 General’’ means the Attorney General of the United 

25 States. 


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1 (2) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the Office of Tribal Justice. 

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

4 has the meaning given the term in section 102 of the 

5 Federally Recognized Indian Tribe List Act of 1994 

6 (25 U.S.C. 479a). 

7 (4) PARTICIPATING INDIAN TRIBE.—The term 

8 ‘‘participating Indian tribe’’ means an Indian tribe 

9 selected by the Director to participate in the pro10 gram. 

11 (5) PROGRAM.—The term ‘‘program’’ means 

12 the Alaska Safe Families and Villages Self Govern13 ance Program established under this Act. 

14 (6) STATE.—The term ‘‘State’’ means the State 

15 of Alaska. 

16 (7) TRIBAL COURT.—The term ‘‘tribal court’’ 

17 means any court, council, or a mechanism of any 

18 court or council sanctioned by an Indian tribe for 

19 the adjudication of disputes, including the violation 

20 of tribal laws, ordinances, and regulations. 

21 SEC. 4. ALASKA SAFE FAMILIES AND VILLAGES SELF GOV22 ERNANCE PROGRAM. 

23 (a) IN GENERAL.—The Attorney General shall estab24 lish a program in the Office of Tribal Justice Programs 

25 of the Department of Justice, to be known as the ‘‘Alaska 


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1 Safe Families and Villages Self Governance Program’’, to 

2 make grants to Indian tribes in carrying out intergovern3 mental agreements described in subsection (d). 

4 (b) ADMINISTRATION.— 

5 (1) IN GENERAL.—Each Indian tribe desiring 

6 to participate in the program shall submit to the Di7 rector an application in accordance with this section. 

8 (2) ELIGIBILITY.—To be eligible to participate 

9 in the program, an Indian tribe in the State shall— 

10 (A) request participation by resolution or 

11 other official action from the governing body of 

12 the Indian tribe; 

13 (B) have for the preceding 3 fiscal years 

14 no uncorrected significant and material audit 

15 exceptions regarding any Federal contract or 

16 grant; 

17 (C) demonstrate to the Attorney General 

18 sufficient governance capacity to conduct the 

19 program, as evidenced by the history of the In20 dian tribe in operating government services (in21 cluding public utilities, children’s courts, law 

22 enforcement, social service programs, or other 

23 activities); 


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1 (D) certify that the Indian tribe has en2 tered into an intergovernmental agreement with 

3 the State described in subsection (d); 

4 (E) meet such other criteria as the Attor5 ney General may promulgate, after providing 

6 public notice and an opportunity to comment; 

7 and 

8 (F) submit to the Attorney General of the 

9 State a copy of the application. 

10 (3) PUBLIC COMMENT.—Each application sub11 mitted under this subsection shall be subject to pub12 lic comment for a period of not less than 30 days 

13 after the date on which a notice of the application 

14 is published in a newspaper or other publication of 

15 general circulation in the vicinity of the Native vil16 lage of the Indian tribe. 

17 (c) USE OF AMOUNTS.—Each participating Indian 

18 tribe shall use amounts— 

19 (1) to carry out a planning phase that may in20 clude— 

21 (A) internal governmental and organiza22 tional planning; 

23 (B) developing written tribal law or ordi24 nances detailing the structure and procedures 

25 of the tribal court; 


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1 (C) developing enforcement mechanisms; 

2 and 

3 (D) negotiating and finalizing any inter4 governmental agreements necessary to carry out 

5 this Act; and 

6 (2) to carry out activities of the Indian tribe in 

7 accordance with an applicable intergovernmental 

8 agreement with the State. 

9 (d) INTERGOVERNMENTAL AGREEMENTS.— 

10 (1) IN GENERAL.—The State (including polit11 ical subdivisions of the State) and Indian tribes in 

12 the State are encouraged to enter into intergovern13 mental agreements relating to the enforcement of 

14 certain State laws by the Indian tribe. 

15 (2) CONTENTS.— 

16 (A) IN GENERAL.—An intergovernmental 

17 agreement described in paragraph (1) may de18 scribe the duties of the State and the applicable 

19 Indian tribe relating to— 

20 (i) the employment of law enforcement 

21 officers, probation, and parole officers; 

22 (ii) the appointment and deputization 

23 by the State of tribal law enforcement offi24 cers as special officers to aid and assist in 


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1 the enforcement of the criminal laws of the 

2 State; 

3 (iii) the enforcement of punishments 

4 imposed by the Indian tribe under tribal 

5 law; 

6 (iv) the transfer of enforcement duties 

7 for State drug- and alcohol-related mis8 demeanor offenses to the Indian tribe; 

9 (v) the adjudication by the Indian 

10 tribe of State drug- and alcohol-related 

11 misdemeanor offenses; 

12 (vi) the transfer of information and 

13 evidence between tribal law enforcement 

14 entities and the court system of the State; 

15 (vii) the detention of offenders; 

16 (viii) searches and seizures of alcohol 

17 and drugs at municipal and State airports; 

18 and 

19 (ix) jurisdictional or financial matters. 

20 (B) REMEDIES.—Subject to title II of 

21 Public Law 90–284 (25 U.S.C. 1301 et seq.) 

22 (commonly known as the ‘‘Indian Civil Rights 

23 Act of 1968’’), an intergovernmental agreement 

24 described in paragraph (1) may include rem25 edies to be imposed by the applicable Indian 


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1 tribe relating to the enforcement of State law, 

2 including— 

3 (i) restorative justice, including circle 

4 sentencing; 

5 (ii) community service; 

6 (iii) fines; 

7 (iv) forfeitures; 

8 (v) commitments for treatment; 

9 (vi) restraining orders; 

10 (vii) emergency detentions; and 

11 (viii) any other remedies agreed to by 

12 the State and Indian tribe. 

13 (e) ANNUAL REPORT.— 

14 (1) IN GENERAL.—Not later than May 1 of 

15 each year, the Attorney General shall submit to the 

16 Committee on Indian Affairs of the Senate and the 

17 Committee on Natural Resources of the House of 

18 Representatives an annual report that— 

19 (A) describes the grants awarded under 

20 the program; 

21 (B) assesses the effectiveness of the pro22 gram; and 

23 (C) includes any recommendations of the 

24 Attorney General relating to the program. 


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1 (2) REQUIREMENTS.—Each report shall be pre2 pared in consultation with the government of each 

3 participating Indian tribe and the State. 

4 (f) NO LIABILITY FOR THE STATE OF ALASKA.—The 

5 State, including any political subdivision of the State, shall 

6 not be liable for any act or omission of a participating 

7 Indian tribe in carrying out this Act, including any act 

8 or omission of a participating Indian tribe undertaken 

9 pursuant to an intergovernmental agreement described in 

10 subsection (d). 

11 (g) REGULATIONS.—The Attorney General shall pro12 mulgate such regulations as the Attorney General deter13 mines are necessary to carry out this Act. 

14 (h) ELIGIBILITY FOR FEDERAL PROGRAMS.— 

15 (1) IN GENERAL.—Participating Indian tribes 

16 shall be eligible for the same tribal court and law en17 forcement programs and level of funding from the 

18 Bureau of Indian Affairs and the Department of 

19 Justice as are available to other Indian tribes. 

20 (2) APPLICABILITY IN ALASKA.—Nothing in 

21 this Act limits the application in the State of— 

22 (A) the Tribal Law and Order Act of 2010 

23 (Public Law 111–211; 124 Stat. 2261); 


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1 (B) the Violence Against Women Reau2 thorization Act of 2013 (Public law 113–4; 127 

3 Stat. 54); or 

4 (C) any amendments made by the Acts re5 ferred to in subparagraphs (A) and (B). 

6 (i) EFFECT OF ACT.—Nothing in this Act— 

7 (1) limits, alters, or diminishes the civil or 

8 criminal jurisdiction of the State, any subdivision of 

9 the State, or the United States; 

10 (2) limits or diminishes the jurisdiction of any 

11 Indian tribe in the State, including inherent and 

12 statutory authority of the Indian tribe over child 

13 protection, child custody, and domestic violence (as 

14 in effect on the day before the date of enactment of 

15 this Act); 

16 (3) creates a territorial basis for the jurisdiction 

17 of any Indian tribe in the State or otherwise creates 

18 Indian country in any area of the State; 

19 (4) confers any criminal jurisdiction on any In20 dian tribe in the State; 

21 (5) diminishes the trust responsibility of the 

22 United States to Indian tribes in the State; 

23 (6) abridges or diminishes the sovereign immu24 nity of any Indian tribe in the State; 


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1 (7) alters the criminal or civil jurisdiction of the 

2 Metlakatla Indian Community within the Annette Is3 lands Reserve (as in effect on the date before the 

4 date of enactment of this Act); 

5 (8) alters the authority of the State to file, in 

6 the discretion of the State, a civil or criminal action 

7 for the violation of State law; 

8 (9) limits in any manner the eligibility of the 

9 State, any political subdivision of the State, or any 

10 Indian tribe in the State, for any other Federal as11 sistance under any other law; or 

12 (10) affects the authority of the United States 

13 or any State government that has been delegated au14 thority by the United States to investigate and pros15 ecute a criminal violation in Indian country, includ16 ing under section 1162 of title 18, United States 

17 Code. 

18 SEC. 5. FUNDING. 

19 The Attorney General shall use amounts made avail20 able to the Attorney General for the Office of Tribal Jus21 tice to carry out the program under this Act. 

22 SEC. 6. REPEAL OF SPECIAL RULE FOR STATE OF ALASKA. 

23 Section 910 of the Violence Against Women Reau24 thorization Act of 2013 (18 U.S.C. 2265 note; Public Law 

25 113–4) is repealed. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Alaska Safe Families 

3 and Villages Act of 2014’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) residents of remote Alaska villages suffer dis7 proportionately from crimes and civil disturbances 

8 rooted in alcohol abuse, illicit drug use, suicide, and 

9 domestic violence; 

10 (2) the alcohol-related suicide rate in remote 

11 Alaska villages is 6 times the average in the United 

12 States and the alcohol-related mortality rate is 3.5 

13 times that of the general population of the United 

14 States; 

15 (3) Alaska Native women suffer the highest rate 

16 of forcible sexual assault in the United States and an 

17 Alaska Native woman is sexually assaulted every 18 

18 hours; 

19 (4) according to the Alaska Native Tribal Health 

20 Consortium, one in two Alaska Native women experi21 ence physical or sexual violence; 

22 (5) according to the 2006 Initial Report and 

23 Recommendations of the Alaska Rural Justice and 

24 Law Enforcement Commission, more than 95 percent 

25 of all crimes committed in rural Alaska can be attrib26 uted to alcohol abuse; 


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1 (6) the cost of drug and alcohol abuse in Alaska 

2 is estimated at $525,000,000 per year; 

3 (7) there are more than 200 remote villages in 

4 Alaska, which are ancestral homelands to Indian 

5 tribes and geographically isolated by rivers, oceans, 

6 and mountains making most of those villages acces7 sible only by air; 

8 (8) small size and remoteness, lack of connection 

9 to a road system, and extreme weather conditions 

10 often prevent or delay travel, including that of law 

11 enforcement personnel, into remote villages, resulting 

12 in challenging law enforcement conditions and lack of 

13 ready access to the State judicial system; 

(9) less than 1 14 ⁄2 of remote Alaska villages are 

15 served by trained State law enforcement entities and 

16 several Indian tribes provide peace officers or tribal 

17 police without adequate training or equipment; 

18 (10) the centralized State judicial system relies 

19 on general jurisdiction Superior Courts in the re20 gional hub communities, with only a handful of 

21 staffed magistrate courts outside of the hub commu22 nities; 

23 (11) the lack of effective law enforcement and ac24 cessible judicial services in remote Alaska villages 

25 contributes significantly to increased crime, alcohol 


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1 abuse, drug abuse, domestic violence, rates of suicide, 

2 poor educational achievement, and lack of economic 

3 development; 

4 (12) Indian tribes that operate within remote 

5 Alaska villages should be supported in carrying out 

6 local culturally relevant solutions to effectively pro7 vide law enforcement in villages and access to swift 

8 judicial proceedings; 

9 (13) increasing capacities of local law enforce10 ment entities to enforce local tribal laws and to 

11 achieve increased tribal involvement in State law en12 forcement in remote villages will promote a stronger 

13 link between the State and village residents, encour14 age community involvement, and create greater local 

15 accountability with respect to violence and substance 

16 abuse; 

17 (14) the United States has a trust responsibility 

18 to Indian tribes in the State; 

19 (15) the report of the Indian Law and Order 

20 Commission to the President and Congress entitled ‘‘A 

21 Roadmap to Making Native America Safer’’ and 

22 dated November 2013 found that the crisis in crimi23 nal justice in the State is a national problem and 

24 urged the Federal Government and the State to 

25 strengthen tribal sovereignty and self-governance and 


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1 for Congress to create a jurisdictional framework to 

2 support tribal sovereignty and expand the authority 

3 of Indian tribes in the State; and 

4 (16) it is necessary to invoke the plenary author5 ity of Congress over Indian tribes under article I, sec6 tion 8, clause 3 of the Constitution to improve access 

7 to judicial systems in remote Alaska Native villages 

8 and provide for the presence of trained local law en9 forcement. 

10 (b) PURPOSES.—The purposes of this Act are— 

11 (1) to improve the delivery of justice in Alaska 

12 Native villages by— 

13 (A) encouraging the State and Indian tribes 

14 to enter into intergovernmental agreements relat15 ing to the enforcement and adjudication of State 

16 laws relating to drug and alcohol offenses; and 

17 (B) supporting Indian tribes in the State in 

18 the enforcement and adjudication of tribal laws 

19 relating to child abuse and neglect, domestic vio20 lence, and drug and alcohol offenses; and 

21 (2) to enhance coordination and communication 

22 among Federal, State, tribal, and local law enforce23 ment agencies. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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

2 General’’ means the Attorney General of the United 

3 States. 

4 (2) GRANT PROGRAM.—The term ‘‘grant pro5 gram’’ means the Alaska Safe Families and Villages 

6 Self Governance Intergovernmental Grant Program 

7 established under section 4. 

8 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

9 the meaning given the term in section 102 of the Fed10 erally Recognized Indian Tribe List Act of 1994 (25 

11 U.S.C. 479a). 

12 (4) PARTICIPATING INDIAN TRIBE.—The term 

13 ‘‘participating Indian tribe’’ means an Indian tribe 

14 selected by the Attorney General to participate in the 

15 grant program or the tribal law program, as applica16 ble. 

17 (5) REMOTE ALASKA VILLAGE.—The term ‘‘re18 mote Alaska village’’ means an Alaska Native Village 

19 Statistical Area delineated for the Director of the 

20 Census by the officials of the village for the purpose 

21 of presenting data for the decennial census conducted 

22 under section 141(a) of title 13, United States Code. 

23 (6) STATE.—The term ‘‘State’’ means the State 

24 of Alaska. 


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1 (7) TRIBAL COURT.—The term ‘‘tribal court’’ 

2 means any court, council, or a mechanism of any 

3 court or council sanctioned by an Indian tribe for the 

4 adjudication of disputes, including the violation of 

5 tribal laws, ordinances, and regulations. 

6 (8) TRIBAL LAW PROGRAM.—The term ‘‘tribal 

7 law program’’ means the Alaska Safe Families and 

8 Villages Tribal Law Program established under sec9 tion 5. 

10 SEC. 4. ALASKA SAFE FAMILIES AND VILLAGES SELF GOV11 ERNANCE INTERGOVERNMENTAL GRANT 

12 PROGRAM. 

13 (a) IN GENERAL.—The Attorney General shall estab14 lish a program in the Office of Justice Programs of the De15 partment of Justice, to be known as the Alaska Safe Fami16 lies and Villages Self Governance Intergovernmental Grant 

17 Program, to make grants to Indian tribes acting on behalf 

18 of 1 or more Indian tribes to assist Indian tribes in plan19 ning for and carrying out intergovernmental agreements 

20 described in subsection (d). 

21 (b) ADMINISTRATION.— 

22 (1) IN GENERAL.—Each Indian tribe desiring to 

23 participate in the grant program shall submit to the 

24 Attorney General an application in accordance with 

25 this section. 


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1 (2) ELIGIBILITY FOR GRANT PROGRAM.—To be 

2 eligible to participate in the grant program, an In3 dian tribe in the State shall— 

4 (A) request participation by resolution or 

5 other official action by the governing body of the 

6 Indian tribe; 

7 (B) have for the preceding 3 fiscal years no 

8 uncorrected significant and material audit ex9 ceptions regarding any Federal contract, com10 pact, or grant; 

11 (C) demonstrate to the Attorney General 

12 sufficient governance capacity to conduct the 

13 grant program, as evidenced by the history of the 

14 Indian tribe in operating government services 

15 (including public utilities, children’s courts, law 

16 enforcement, social service programs, or other ac17 tivities); 

18 (D) certify that the Indian tribe has entered 

19 into, or can evidence intent to enter into negotia20 tions relating to, an intergovernmental agree21 ment with the State described in subsection (d); 

22 (E) meet such other criteria as the Attorney 

23 General may promulgate, after providing public 

24 notice and an opportunity to comment; and 


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1 (F) submit to the Attorney General of the 

2 State a copy of the application. 

3 (c) USE OF AMOUNTS.—Each participating Indian 

4 tribe shall use amounts made available under the grant pro5 gram— 

6 (1) to carry out a planning phase that may in7 clude— 

8 (A) internal governmental and organiza9 tional planning; 

10 (B) developing written tribal law or ordi11 nances, including tribal laws and ordinances de12 tailing the structure and procedures of the tribal 

13 court; 

14 (C) developing enforcement mechanisms; 

15 and 

16 (D) negotiating and finalizing any inter17 governmental agreements necessary to carry out 

18 this section; and 

19 (2) to carry out activities of the Indian tribe in 

20 accordance with an applicable intergovernmental 

21 agreement with the State. 

22 (d) INTERGOVERNMENTAL AGREEMENTS.— 

23 (1) IN GENERAL.—The State (including political 

24 subdivisions of the State) and Indian tribes in the 

25 State are encouraged to enter into intergovernmental 


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1 agreements relating to the enforcement of certain 

2 State laws by the Indian tribe. 

3 (2) CONTENTS.— 

4 (A) IN GENERAL.—An intergovernmental 

5 agreement described in paragraph (1) may de6 scribe the duties of the State and the applicable 

7 Indian tribe relating to— 

8 (i) the employment of law enforcement 

9 officers, probation, and parole officers; 

10 (ii) the appointment and deputization 

11 by the State of tribal law enforcement offi12 cers as special officers to aid and assist in 

13 the enforcement of the criminal laws of the 

14 State; 

15 (iii) the enforcement of punishments 

16 imposed by the Indian tribe under tribal 

17 law; 

18 (iv) the transfer of enforcement duties 

19 for State drug- and alcohol-related mis20 demeanor offenses to the Indian tribe; 

21 (v) the adjudication by the Indian 

22 tribe of State drug- and alcohol-related mis23 demeanor offenses; 


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1 (vi) the transfer of information and 

2 evidence between tribal law enforcement en3 tities and the court system of the State; 

4 (vii) the detention of offenders; 

5 (viii) searches and seizures of alcohol 

6 and drugs at municipal and State airports; 

7 and 

8 (ix) jurisdictional or financial matters. 

9 (B) REMEDIES.—Subject to title II of Pub10 lic Law 90–284 (25 U.S.C. 1301 et seq. ) (com11 monly known as the ‘‘Indian Civil Rights Act of 

12 1968’’), an intergovernmental agreement de13 scribed in paragraph (1) may include remedies 

14 to be imposed by the applicable Indian tribe re15 lating to the enforcement of State law, includ16 ing— 

17 (i) restorative justice, including circle 

18 sentencing; 

19 (ii) community service; 

20 (iii) fines; 

21 (iv) forfeitures; 

22 (v) commitments for treatment; 

23 (vi) restraining orders; 

24 (vii) emergency detentions; and 


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1 (viii) any other remedies agreed to by 

2 the State and Indian tribe. 

3 (e) ANNUAL REPORT.— 

4 (1) IN GENERAL.—Not later than May 1 of each 

5 year, the Attorney General shall submit to the Com6 mittee on Indian Affairs of the Senate and the Com7 mittee on Natural Resources of the House of Rep8 resentatives an annual report that— 

9 (A) describes the grants awarded under the 

10 grant program; 

11 (B) assesses the effectiveness of the grant 

12 program; and 

13 (C) includes any recommendations of the 

14 Attorney General relating to the grant program. 

15 (2) REQUIREMENTS.—Each report shall be pre16 pared in consultation with the government of each 

17 participating Indian tribe and the State. 

18 SEC. 5. ALASKA SAFE FAMILIES AND VILLAGES SELF GOV19 ERNANCE TRIBAL LAW PROJECT. 

20 (a) IN GENERAL.—The Attorney General shall estab21 lish a project in the Office of Justice Programs of the De22 partment of Justice, to be known as the Alaska Safe Fami23 lies and Villages Self Governance Tribal Law Project, to 

24 make grants to Indian tribes acting on behalf of 1 or more 

25 Indian tribes to assist Indian tribes in planning for and 


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1 carrying out concurrent jurisdiction activities described in 

2 subsection (d). 

3 (b) APPLICATION.— 

4 (1) IN GENERAL.—Each Indian tribe desiring to 

5 participate in the tribal law program shall submit to 

6 the Attorney General an application in accordance 

7 with this section. 

8 (2) ELIGIBILITY.—To be eligible to participate 

9 in the tribal law program, an Indian tribe in the 

10 State shall— 

11 (A) request participation by resolution or 

12 other official action by the governing body of the 

13 Indian tribe; 

14 (B) have for the preceding 3 fiscal years no 

15 uncorrected significant and material audit ex16 ceptions regarding any Federal contract, com17 pact, or grant; 

18 (C) demonstrate to the Attorney General 

19 sufficient governance capacity to conduct the 

20 tribal law program, as evidenced by the history 

21 of the Indian tribe in operating government serv22 ices (including public utilities, children’s courts, 

23 law enforcement, social service programs, or 

24 other activities); 


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1 (D) meet such other criteria as the Attorney 

2 General may promulgate, after providing for 

3 public notice; and 

4 (E) submit to the Attorney General of the 

5 State a copy of the application submitted under 

6 this section. 

7 (3) ADDITIONAL SUBMISSIONS.—On completion 

8 of the planning phase described in subsection (c), the 

9 Indian tribe shall provide to the Attorney General— 

10 (A) the constitution of the Indian tribe or 

11 equivalent organic documents showing the struc12 ture of the tribal government and the placement 

13 and authority of the tribal court within that 

14 structure; 

15 (B) written tribal laws or ordinances gov16 erning tribal court procedures and the regulation 

17 and enforcement of child abuse and neglect, do18 mestic violence, drugs and alcohol, and related 

19 matters; and 

20 (C) such other information as the Attorney 

21 General may, by public notice, require. 

22 (c) PLANNING PHASE.— 

23 (1) IN GENERAL.—Each participating Indian 

24 tribe shall complete a planning phase that includes— 


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1 (A) internal governmental and organiza2 tional planning; 

3 (B) developing written tribal law or ordi4 nances detailing the structure and procedures of 

5 the tribal court; and 

6 (C) enforcement mechanisms. 

7 (2) CERTIFICATION.— 

8 (A) IN GENERAL.—Not later than 120 days 

9 after receiving an application under subsection 

10 (b), the Attorney General shall certify the com11 pletion of the planning phase under this section. 

12 (B) TIMING.—The Attorney General may 

13 make a certification described in subparagraph 

14 (A) on the date on which the participating In15 dian tribe submits an application under sub16 section (b) if the Indian tribe demonstrates to the 

17 Attorney General that the Indian tribe has satis18 fied the requirements of the planning phase 

19 under paragraph (1). 

20 (d) CONCURRENT JURISDICTION.— 

21 (1) IN GENERAL.—Unless otherwise agreed to by 

22 the Indian tribe in an intergovernmental agreement, 

23 beginning 30 days after the date on which the certifi24 cation described in subsection (c)(2) is made, the par25 ticipating Indian tribe may exercise civil jurisdicVerDate Mar 15 2010 00:58 Aug 27, 2014 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S1474.RS S1474

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•S 1474 RS

1 tion, concurrent with the State, in matters relating to 

2 child abuse and neglect, domestic violence, drug-re3 lated offenses, and alcohol-related offenses over— 

4 (A) any member of, or person eligible for 

5 membership in, the Indian tribe; and 

6 (B) any nonmember of the Indian tribe, if 

7 the nonmember resides or is located in the remote 

8 Alaska Native village in which the Indian tribe 

9 operates. 

10 (2) SANCTIONS.—A participating Indian tribe 

11 exercising jurisdiction under paragraph (1) shall im12 pose such civil sanctions as the tribal court has deter13 mined to be appropriate, consistent with title II of 

14 Public Law 90–284 (25 U.S.C. 1301 et seq.) (com15 monly known as the ‘‘Indian Civil Rights Act of 

16 1968’’) and tribal law, including— 

17 (A) restorative justice, including commu18 nity or circle sentencing; 

19 (B) community service; 

20 (C) fines; 

21 (D) forfeitures; 

22 (E) commitments for treatment; 

23 (F) restraining orders; 

24 (G) emergency detentions; and 


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1 (H) any other remedies the tribal court de2 termines are appropriate. 

3 (3) INCARCERATION.—A person shall not be in4 carcerated by a participating Indian tribe exercising 

5 jurisdiction under paragraph (1) except pursuant to 

6 an intergovernmental agreement described in section 

7 4(d). 

8 (4) EMERGENCY CIRCUMSTANCES.—Nothing in 

9 this subsection prevents a participating Indian tribe 

10 exercising jurisdiction under paragraph (1) from— 

11 (A) assuming protective custody of a mem12 ber of the Indian tribe or otherwise taking action 

13 to prevent imminent harm to that member or 

14 others; and 

15 (B) taking immediate, temporary protective 

16 measures to address a situation involving an im17 minent threat of harm to a member of the In18 dian tribe by a nonmember. 

19 (e) ANNUAL REPORT.— 

20 (1) IN GENERAL.—Not later than May 1 of each 

21 year, the Attorney General shall submit to the Com22 mittee on Indian Affairs of the Senate and the Com23 mittee on Natural Resources of the House of Rep24 resentatives a brief annual report that— 


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•S 1474 RS

1 (A) details the activities carried out under 

2 the tribal law program; and 

3 (B) includes an assessment and any rec4 ommendations of the Attorney General relating 

5 to the tribal law program. 

6 (2) REQUIREMENTS.—Each report shall be pre7 pared— 

8 (A) in consultation with the government of 

9 each participating Indian tribe; and 

10 (B) after the participating Indian tribe and 

11 the State have an opportunity to comment on the 

12 report. 

13 SEC. 6. ADMINISTRATION. 

14 (a) EFFECT OF ACT.—Nothing in this Act— 

15 (1) limits, alters, or diminishes the civil or 

16 criminal jurisdiction of the State, any subdivision of 

17 the State, or the United States; 

18 (2) limits or diminishes the jurisdiction of any 

19 Indian tribe in the State, including inherent and 

20 statutory authority of the Indian tribe over alcohol, 

21 and drug abuse, child protection, child custody, and 

22 domestic violence (as in effect on the day before the 

23 date of enactment of this Act); 

24 (3) creates a territorial basis for the jurisdiction 

25 of any Indian tribe in the State (other than as proVerDate Mar 15 2010 00:58 Aug 27, 2014 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S1474.RS S1474

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1 vided in section 5) or otherwise establishes Indian 

2 country (as defined in section 1151 of title 18, United 

3 States Code) in any area of the State; 

4 (4) confers any criminal jurisdiction on any In5 dian tribe in the State unless agreed to in an inter6 governmental agreement described in section 4(d); 

7 (5) diminishes the trust responsibility of the 

8 United States to Indian tribes in the State; 

9 (6) abridges or diminishes the sovereign immu10 nity of any Indian tribe in the State; 

11 (7) alters the criminal or civil jurisdiction of the 

12 Metlakatla Indian Community within the Annette Is13 lands Reserve (as in effect on the date before the date 

14 of enactment of this Act); or 

15 (8) limits in any manner the eligibility of the 

16 State, any political subdivision of the State, or any 

17 Indian tribe in the State, for any other Federal as18 sistance under any other law. 

19 (b) NO LIABILITY FOR THE STATE OF ALASKA.—The 

20 State, including any political subdivision of the State, shall 

21 not be liable for any act or omission of a participating In22 dian tribe in carrying out this Act, including any act or 

23 omission of a participating Indian tribe undertaken pursu24 ant to an intergovernmental agreement described in section 

25 4(d). 


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1 (c) REGULATIONS.—The Attorney General shall pro2 mulgate such regulations as the Attorney General deter3 mines are necessary to carry out this Act. 

4 (d) ELIGIBILITY FOR FEDERAL PROGRAMS.— 

5 (1) IN GENERAL.—Participating Indian tribes 

6 shall be eligible for the same tribal court and law en7 forcement programs and level of funding from the Bu8 reau of Indian Affairs as are available to other In9 dian tribes. 

10 (2) APPLICABILITY IN THE STATE.—Nothing in 

11 this Act limits the application in the State of— 

12 (A) the Tribal Law and Order Act of 2010 

13 (Public Law 111–211; 124 Stat. 2261); 

14 (B) the Violence Against Women Reauthor15 ization Act of 2013 (Public law 113–4; 127 Stat. 

16 54); or 

17 (C) any amendments made by the Acts re18 ferred to in subparagraphs (A) and (B). 

19 (e) FULL FAITH AND CREDIT.— 

20 (1) IN GENERAL.—Each of the 50 States shall 

21 give full faith and credit to all official acts and de22 crees of the tribal court of a participating Indian 

23 tribe to the same extent and in the same manner as 

24 that State accords full faith and credit to the official 

25 acts and decrees of other States. 


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1 (2) OTHER LAWS.—Nothing in this subsection 

2 impairs the duty of the State to give full faith and 

3 credit under any other law. 

4 SEC. 7. TECHNICAL ASSISTANCE. 

5 (a) IN GENERAL.—The Attorney General may enter 

6 into contracts with Indian tribes in the State to provide— 

7 (1) training and technical assistance on tribal 

8 court development to any Indian tribe in the State; 

9 and 

10 (2) the training for proper transfer of evidence 

11 and information— 

12 (A) between tribal and State law enforce13 ment entities; and 

14 (B) between State and tribal court systems. 

15 (b) COOPERATION.—Indian tribes may cooperate with 

16 other entities for the provision of services under the con17 tracts described in subsection (a). 

18 SEC. 8. FUNDING. 

19 The Attorney General shall use amounts made avail20 able to the Attorney General for the Office of Justice Pro21 grams to carry out this Act. 

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

23 Section 910 of the Violence Against Women Reauthor24 ization Act of 2013 ( 18 U.S.C. 2265 note; Public Law 113– 

25 4 ) is repealed. 


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Calendar No. 534 

113TH CONGRESS 

2D SESSION S. 1474 

A BILL 

To encourage the State of Alaska to enter into 

and drug abuse, and for other purposes. quality of life in rural Alaska, to reduce alcohol tain State laws by Indian tribes, to improve the in the State relating to the enforcement of cerintergovernmental agreements with Indian tribes 

AUGUST 26, 2014 

Reported with an amendment 


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