H. R. 1268

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To assist the development of tribal judicial systems, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Indian Tribal Justice Act’’.

SEC. 2. FINDINGS.

The Congress finds and declares that—

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

between the United States and each Indian tribe;

(2) the United States has a trust responsibility to each

tribal government that includes the protection of the sovereignty of each tribal government;

(3) Congress, through statutes, treaties, and the exercise

of administrative authorities, has recognized the self-determination, self-reliance, and inherent sovereignty of Indian tribes;

(4) Indian tribes possess the inherent authority to establish

their own form of government, including tribal justice systems;

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

governments and serve as important forums for ensuring public

health and safety and the political integrity of tribal governments;

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

adjudication of disputes affecting personal and property rights;

(7) traditional tribal justice practices are essential to the

maintenance of the culture and identity of Indian tribes and

to the goals of this Act;

(8) tribal justice systems are inadequately funded, and

the lack of adequate funding impairs their operation; and

(9) tribal government involvement in and commitment to

improving tribal justice systems is essential to the accomplishment of the goals of this Act.

SEC. 3. DEFINITIONS.

For purposes of this Act:

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

of the Department of the Interior.

(2) The term ‘‘Courts of Indian Offenses’’ means the courts

established pursuant to part 11 of title 25, Code of Federal

Regulations.

(3) The term ‘‘Indian tribe’’ means any Indian tribe, band,

nation, pueblo, or other organized group or community, includ-
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ing any Alaska Native entity, which administers justice under

its inherent authority or the authority of the United States

and which is recognized as eligible for the special programs

and services provided by the United States to Indian tribes

because of their status as Indians.

(4) The term ‘‘judicial personnel’’ means any judge, magistrate, court counselor, court clerk, court administrator, bailiff,

probation officer, officer of the court, dispute resolution

facilitator, or other official, employee, or volunteer within the

tribal justice system.

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

Support within the Bureau of Indian Affairs.

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

Interior.

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

defined in section 4(l) of the Indian Self-Determination and

Education Assistance Act.

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

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

including (but not limited to) traditional methods and forums

for dispute resolution, lower courts, appellate courts (including

intertribal appellate courts), alternative dispute resolution systems, and circuit rider systems, established by inherent tribal

authority whether or not they constitute a court of record.

TITLE I—TRIBAL JUSTICE SYSTEMS

SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT.

(a) ESTABLISHMENT.—There is hereby established within the

Bureau the Office of Tribal Justice Support. The purpose of the

Office shall be to further the development, operation, and enhancement of tribal justice systems and Courts of Indian Offenses.

(b) TRANSFER OF EXISTING FUNCTIONS AND PERSONNEL.—All

functions performed before the date of the enactment of this Act

by the Branch of Judicial Services of the Bureau and all personnel

assigned to such Branch as of the date of the enactment of this

Act are hereby transferred to the Office of Tribal Justice Support.

Any reference in any law, regulation, executive order, reorganization

plan, or delegation of authority to the Branch of Judicial Services

is deemed to be a reference to the Office of Tribal Justice Support.

(c) FUNCTIONS.—In addition to the functions transferred to

the Office pursuant to subsection (b), the Office shall perform the

following functions: (1) Provide funds to Indian tribes and tribal organizations

for the development, enhancement, and continuing operation

of tribal justice systems. (2) Provide technical assistance and training, including programs of continuing education and training for personnel of

Courts of Indian Offenses.

(3) Study and conduct research concerning the operation

of tribal justice systems.

(4) Promote cooperation and coordination among tribal justice systems and the Federal and State judiciary systems.

(5) Oversee the continuing operations of the Courts of

Indian Offenses.
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(6) Provide funds to Indian tribes and tribal organizations

for the continuation and enhancement of traditional tribal

judicial practices.

(d) NO IMPOSITION OF STANDARDS.—Nothing in this Act shall

be deemed or construed to authorize the Office to impose justice

standards on Indian tribes.

(e) ASSISTANCE TO TRIBES.—(1) The Office shall provide technical assistance and training to any Indian tribe or tribal organization upon request. Technical assistance and training shall include

(but not be limited to) assistance for the development of—

(A) tribal codes and rules of procedure;

(B) tribal court administrative procedures and court records

management systems;

(C) methods of reducing case delays;

(D) methods of alternative dispute resolution;

(E) tribal standards for judicial administration and conduct;

and

(F) long-range plans for the enhancement of tribal justice

systems.

(2) Technical assistance and training provided pursuant to paragraph (1) may be provided through direct services, by contract

with independent entities, or through grants to Indian tribes or

tribal organizations.

(f) INFORMATION CLEARINGHOUSE ON TRIBAL JUSTICE SYSTEMS.—The Office shall maintain an information clearinghouse

(which shall include an electronic data base) on tribal justice systems and Courts of Indian Offenses, including (but not limited

to) information on staffing, funding, model tribal codes, tribal justice

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

actions as may be necessary to ensure the confidentiality of records

and other matters involving privacy rights.

SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

(a) IN GENERAL.—Not later than six months after the date

of the enactment of this Act, the Secretary, in consultation with

Indian tribes, shall enter into a contract with a non-Federal entity

to conduct a survey of conditions of tribal justice systems and

Courts of Indian Offenses to determine the resources and funding,

including base support funding, needed to provide for expeditious

and effective administration of justice. The Secretary, in like manner, shall annually update the information and findings contained

in the survey required under this section. (b) LOCAL CONDITIONS.—In the course of any annual survey,

the non-Federal entity shall document local conditions of each

Indian tribe, including, but not limited to—

(1) the geographic area and population to be served;

(2) the levels of functioning and capacity of the tribal

justice system;

(3) the volume and complexity of the caseloads;

(4) the facilities, including detention facilities, and program

resources available;

(5) funding levels and personnel staffing requirements for

the tribal justice system; and

(6) the training and technical assistance needs of the tribal

justice system.

(c) CONSULTATION WITH INDIAN TRIBES.—The non-Federal

entity shall actively consult with Indian tribes and tribal organiza-
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tions in the development and conduct of the surveys, including

updates thereof, under this section. Indian tribes and tribal

organizations shall have the opportunity to review and make recommendations regarding the findings of the survey, including

updates thereof, prior to final publication of the survey or any

update thereof. After Indian tribes and tribal organizations have

reviewed and commented on the results of the survey, or any

update thereof, the non-Federal entity shall report its findings,

together with the comments and recommendations of the Indian

tribes and tribal organizations, to the Secretary, the Committee

on Indian Affairs of the Senate, and the Subcommittee on Native

American Affairs of the Committee on Natural Resources of the

House of Representatives.

SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.

(a) IN GENERAL.—Pursuant to the Indian Self-Determination

and Education Assistance Act, the Secretary is authorized (to the

extent provided in advance in appropriations Acts) to enter into

contracts, grants, or agreements with Indian tribes for the performance of any function of the Office and for the development, enhancement, and continuing operation of tribal justice systems and

traditional tribal judicial practices by Indian tribal governments.

(b) PURPOSES FOR WHICH FINANCIAL ASSISTANCE MAY BE

USED.—Financial assistance provided through contracts, grants, or

agreements entered into pursuant to this section may be used

for—

(1) planning for the development, enhancement, and operation of tribal justice systems; (2) the employment of judicial personnel;

(3) training programs and continuing education for tribal

judicial personnel; (4) the acquisition, development, and maintenance of a

law library and computer assisted legal research capacities; (5) the development, revision, and publication of tribal

codes, rules of practice, rules of procedure, and standards of

judicial performance and conduct; (6) the development and operation of records management

systems; (7) the construction or renovation of facilities for tribal

justice systems; (8) membership and related expenses for participation in

national and regional organizations of tribal justice systems

and other professional organizations; and (9) the development and operation of other innovative and

culturally relevant programs and projects, including (but not

limited to) programs and projects for—

(A) alternative dispute resolution;

(B) tribal victims assistance or victims services;

(C) tribal probation services or diversion programs;

(D) juvenile services and multidisciplinary investigations of child abuse; and

(E) traditional tribal judicial practices, traditional

tribal justice systems, and traditional methods of dispute

resolution.

(c) FORMULA.—(1) Not later than 180 days after the date of

the enactment of this Act, the Secretary, with the full participation

of Indian tribes, shall establish and promulgate by regulation, a
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formula which establishes base support funding for tribal justice

systems in carrying out this section.

(2) The Secretary shall assess caseload and staffing needs for

tribal justice systems that take into account unique geographic

and demographic conditions. In the assessment of these needs,

the Secretary shall work cooperatively with Indian tribes and tribal

organizations and shall refer to any data developed as a result

of the surveys conducted pursuant to section 102 and to relevant

assessment standards developed by the Judicial Conference of the

United States, the National Center for State Courts, the American

Bar Association, and appropriate State bar associations.

(3) Factors to be considered in the development of the base

support funding formula shall include, but are not limited to—

(A) the caseload and staffing needs identified under paragraph (2);

(B) the geographic area and population to be served;

(C) the volume and complexity of the caseloads;

(D) the projected number of cases per month;

(E) the projected number of persons receiving probation

services or participating in diversion programs; and

(F) any special circumstances warranting additional financial assistance.

(4) In developing and administering the formula for base support funding for the tribal judicial systems under this section,

the Secretary shall ensure equitable distribution of funds.

SEC. 104. TRIBAL JUDICIAL CONFERENCES.

The Secretary is authorized to provide funds to tribal judicial

conferences, under section 101 of this Act, pursuant to contracts

entered into under the authority of the Indian Self-Determination

and Education Assistance Act for the development, enhancement,

and continuing operation of tribal justice systems of Indian tribes

which are members of such conference. Funds provided under this

section may be used for—

(1) the employment of judges, magistrates, court counselors,

court clerks, court administrators, bailiffs, probation officers,

officers of the court, or dispute resolution facilitators;

(2) the development, revision, and publication of tribal

codes, rules of practice, rules of procedure, and standards of

judicial performance and conduct;

(3) the acquisition, development, and maintenance of a

law library and computer assisted legal research capacities;

(4) training programs and continuing education for tribal

judicial personnel;

(5) the development and operation of records management

systems;

(6) planning for the development, enhancement, and operation of tribal justice systems; and

(7) the development and operation of other innovative and

culturally relevant programs and projects, including (but not

limited to) programs and projects for—

(A) alternative dispute resolution;

(B) tribal victims assistance or victims services;

(C) tribal probation services or diversion programs;

(D) juvenile services and multidisciplinary investigations of child abuse; and
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(E) traditional tribal judicial practices, traditional jus- tice systems, and traditional methods of dispute resolution.

TITLE II—AUTHORIZATIONS OF

APPROPRIATIONS

SEC. 201. TRIBAL JUSTICE SYSTEMS.

(a) OFFICE.—There is authorized to be appropriated to carry out the provisions of sections 101 and 102 of this Act, $7,000,000

for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999,

and 2000. None of the funds provided under this subsection may

be used for the administrative expenses of the Office. (b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.— There is authorized to be appropriated to carry out the provisions

of section 103 of this Act, $50,000,000 for each of the fiscal years

1994, 1995, 1996, 1997, 1998, 1999, and 2000.

(c) ADMINISTRATIVE EXPENSES FOR OFFICE.—There is authorized to be appropriated, for the administrative expenses of the

Office, $500,000 for each of the fiscal years 1994, 1995, 1996,

1997, 1998, 1999, and 2000.

(d) ADMINISTRATIVE EXPENSES FOR TRIBAL JUDICIAL CON- FERENCES.—There is authorized to be appropriated, for the administrative expenses of tribal judicial conferences, $500,000 for each

of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. (e) SURVEY.—For carrying out the survey under section 102, there is authorized to be appropriated, in addition to the amount

authorized under subsection (a) of this section, $400,000.

(f) INDIAN PRIORITY SYSTEM.—Funds appropriated pursuant to

the authorizations provided by this section and available for a

tribal justice system shall not be subject to the Indian priority

system. Nothing in this Act shall preclude a tribal government

from supplementing any funds received under this Act with funds

received from any other source including the Bureau or any other

Federal agency.

(g) ALLOCATION OF FUNDS.—In allocating funds appropriated

pursuant to the authorization contained in subsection (a) among

the Bureau, Office, tribal governments and Courts of Indian

Offenses, the Secretary shall take such actions as may be necessary

to ensure that such allocation is carried out in a manner that

is fair and equitable to all tribal governments and is proportionate

to base support funding under section 103 received by the Bureau,

Office, tribal governments, and Courts of Indian Offenses.

(h) NO OFFSET.—No Federal agency shall offset funds made

available pursuant to this Act for tribal justice systems against

other funds otherwise available for use in connection with tribal

justice systems.

TITLE III—DISCLAIMERS

SEC. 301. 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;
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(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

forum;

(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.