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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 1268

_______________________________________________________________________

                               AMENDMENT
                  In the Senate of the United States,

                             August 6 (legislative day, June 30), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
1268) entitled ``An Act to assist the development of tribal judicial 
systems, and for other purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

                      TITLE I--GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Justice Systems Act''.

SEC. 102. FINDINGS.

    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. 103. 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, 
        including any Alaska Native entity, which administers justice 
        under the authority of the United States or the inherent 
        authority of the native entity 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 
        justice system 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 without 
        regard to whether they constitute a court of record.

                    TITLE II--TRIBAL JUSTICE SYSTEMS

SEC. 201. 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.--Except as otherwise provided in title III, 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 between tribal 
        justice systems, the Federal judiciary, and State judiciary 
        systems.
            (5) Oversee the continuing operations of the Courts of 
        Indian Offenses.
    (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 training 
and technical assistance to any Indian tribe or tribal organization 
upon request. Technical assistance and training which may be provided 
by the Office shall include, but is not 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 and tribal 
organizations.
    (f) Information Clearinghouse on Tribal Justice Systems.--The 
Office shall establish and maintain an information clearinghouse (which 
shall include an electronic data base) on tribal justice systems, 
including, but not limited to, information on staffing, funding, model 
tribal codes, tribal justice activities, and tribal judicial decisions. 
The Office shall take such action as may be necessary to ensure the 
confidentiality records, and other matters involving privacy rights.

SEC. 202. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

    (a) In General.--Not later than 6 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. Any survey conducted pursuant to this 
section shall be completed and its findings reported by the Secretary 
and the Congress not later than 12 months after the date on which the 
contract for the conduct of the survey is executed.
    (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 case loads;
            (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 organizations in the 
development and conduct of the survey, including updates thereof, of 
conditions of tribal justice systems. 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. 203. 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 enter into 
contracts, grants, or agreements with Indian tribes and tribal 
organizations, 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 or 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 programs 
        and projects for--
                    (A) alternative dispute resolution;
                    (B) tribal victims assistance or victims services;
                    (C) tribal probation services or diversion 
                programs;
                    (D) juvenile justice 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 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 and 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 202 and to comparable relevant assessment 
standards developed by the Judicial Conference of the United States, 
the National Center for State Courts, and the American Bar Association.
    (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) of this section;
            (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 the formula for base support funding for tribal 
judicial systems under this section, the Secretary shall ensure 
equitable distribution of funds.

                 TITLE III--TRIBAL JUDICIAL CONFERENCES

SEC. 301. ESTABLISHMENT; FUNDING.

    (a) Establishment.--In any case in which two or more governing 
bodies of Indian tribes establish a regional or national judicial 
conference, such conference shall be considered a tribal organization 
and eligible to contract for funds under this title, if each member 
tribe served by the conference has adopted a tribal resolution which 
authorizes the tribal judicial conference to receive and administer 
funds under this title. At the written request of any tribal judicial 
conference, a contract entered into pursuant to this title shall 
authorize the conference to receive funds and perform any or all of the 
duties of the Bureau and the Office under sections 201 and 202 of this 
Act on behalf of the members of such conference.
    (b) Contract Authority.--Pursuant to the Indian Self-Determination 
and Education Assistance Act, the Secretary is authorized, subject to 
appropriations, to enter into contracts, grants, or agreements with a 
tribal judicial conference for the development, enhancement, and 
continuing operation of tribal justice systems of Indian tribes which 
are members of such conference.
    (c) Funding.--The Secretary is authorized to provide funding to 
tribal judicial conferences pursuant to contracts entered into under 
the authority of the Indian Self-Determination and Education Assistance 
Act for administrative expenses incurred by such conferences.

             TITLE IV--STUDY OF TRIBAL/FEDERAL COURT REVIEW

SEC. 401. STUDY.

    (a) Tribal/Federal Court Review.--A comprehensive study shall be 
conducted in accordance with subsection (b), of the treatment by tribal 
justice systems of matters arising under the Indian Civil Rights Act 
(25 U.S.C. 1301 et seq.) and of other Federal laws for which tribal 
justice systems have jurisdictional authority and regulations 
promulgated by Federal agencies pursuant to the Indian Civil Rights Act 
and other Acts of Congress. The study shall include an analysis of 
those Indian Civil Rights Act cases that were the subject of Federal 
court review from 1968 to 1978 and the burden, if any, on tribal 
governments, tribal justice systems, and Federal courts of such review. 
The study shall address the circumstances under which Federal court 
review of actions arising under the Indian Civil Rights Act may be 
appropriate or warranted.
    (b) Tribal/Federal Court Review Study Panel.--The study required in 
subsection (a) shall be conducted by the Tribal/Federal Court Review 
Study Panel in consultation with tribal governments.

SEC. 402. TRIBAL/FEDERAL COURT REVIEW STUDY PANEL.

    (a) Composition.--The Tribal/Federal Court Review Study Panel shall 
consist of--
            (1) four representatives of tribal governments, including 
        tribal court judges, two of whom shall be appointed by the 
        Speaker of the House of Representatives and two of whom shall 
        be appointed by the President pro tempore of the Senate; and
            (2) four members of the United States Courts of Appeal, of 
        whom one shall be appointed by the chief judge of the eighth 
        circuit, one by the chief judge of the ninth circuit, one by 
        the chief judge of the tenth circuit, and one by the chief 
        judge of the Federal circuit.
    (b) Personnel.--The Tribal/Federal Court Review Study Panel may 
employ, on a temporary basis, such personnel as are required to carry 
out the provisions of this title.
    (c) Findings.--The Tribal/Federal Court Review Study Panel, not 
later than the expiration of the 12-month period following the date on 
which moneys are first made available to carry out this title, shall 
submit its findings and recommendations to--
            (1) Congress;
            (2) the Secretary;
            (3) the Director of the Administrative Office of the United 
        States Courts; and
            (4) each Indian tribe.
    (d) Termination.--Thirty days after the Panel has submitted its 
findings and recommendations under subsection (c), the Panel shall 
cease to exist.

                        TITLE V--AUTHORIZATIONS

SEC. 501. TRIBAL JUSTICE SYSTEMS.

    (a) Office.--There are authorized to be appropriated to carry out 
the provisions of sections 201, 202, and 301(a) 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 pursuant to the authorizations under 
this subsection may be used for the administrative expenses of the 
Office.
    (b) Base Support Funding for Tribal Justice Systems and Judicial 
Conferences.--There are authorized to be appropriated to carry out the 
provisions of section 203 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 are 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 Conferences.--There 
are 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 202, there 
is authorized to be appropriated, in addition to the amount authorized 
under subsection (a) of this section, $400,000 for each of the fiscal 
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.
    (f) Authorization.--For carrying out the study under section 401, 
there is authorized to be appropriated such sums as may be necessary.
    (g) No Offset.--No Federal agency shall offset funds made available 
pursuant to this Act for tribal justice systems against funds otherwise 
available for use in connection with tribal justice systems.
    (h) Allocation of Funds.--In allocating funds appropriated pursuant 
to the authorization contained in subsection (a) of this section among 
the Bureau, Office, tribal governments, and tribal judicial 
conferences, the Secretary shall take such action as may be necessary 
to ensure that such allocation is carried out in a manner that is fair 
and equitable, and is proportionate to base support funding under 
section 203 received by the Bureau, Office, tribal governments, and 
tribal government members comprising a judicial conference.
    (i) 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.

                         TITLE VI--DISCLAIMERS

SEC. 601. 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 court within the tribal government or to 
        enact and enforce tribal laws;
            (2) diminish in any way the authority of tribal governments 
        to appoint personnel;
            (3) impair the rights of each tribal government to 
        determine the nature of its own legal system or the 
        apportionment of authority within the tribal government;
            (4) alter in any way traditional dispute resolution forums;
            (5) imply that any tribal court 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.

            Attest:

                                                             Secretary.

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