IIA

103D CONGRESS

1ST SESSION H. R. 1268

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on Indian Affairs

AN ACT

To assist the development of tribal judicial systems, 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Indian Tribal Justice

5 Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares that—

8 (1) there is a government-to-government rela9 tionship between the United States and each Indian

10 tribe;
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1 (2) the United States has a trust responsibility

2 to each tribal government that includes the protec3 tion of the sovereignty of each tribal government;

4 (3) Congress, through statutes, treaties, and

5 the exercise of administrative authorities, has recog6 nized the self-determination, self-reliance, and inher7 ent sovereignty of Indian tribes;

8 (4) Indian tribes possess the inherent authority

9 to establish their own form of government, including

10 tribal justice systems;

11 (5) tribal justice systems are an essential part

12 of tribal governments and serve as important forums

13 for ensuring public health and safety and the politi14 cal integrity of tribal governments;

15 (6) Congress and the Federal courts have re16 peatedly recognized tribal justice systems as the ap17 propriate forums for the adjudication of disputes af18 fecting personal and property rights;

19 (7) traditional tribal justice practices are essen20 tial to the maintenance of the culture and identity

21 of Indian tribes and to the goals of this Act;

22 (8) tribal justice systems are inadequately fund23 ed, and the lack of adequate funding impairs their

24 operation; and
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1 (9) tribal government involvement in and com2 mitment to improving tribal justice systems is essen3 tial to the accomplishment of the goals of this Act.

4 SEC. 3. DEFINITIONS.

5 For purposes of this Act:

6 (1) The term ‘‘Bureau’’ means the Bureau of

7 Indian Affairs of the Department of the Interior.

8 (2) The term ‘‘Courts of Indian Offenses’’

9 means the courts established pursuant to part 11 of

10 title 25, Code of Federal Regulations.

11 (3) The term ‘‘Indian tribe’’ means any Indian

12 tribe, band, nation, pueblo, or other organized group

13 or community, including any Alaska Native entity,

14 which administers justice under its inherent author15 ity or the authority of the United States and which

16 is recognized as eligible for the special programs and

17 services provided by the United States to Indian

18 tribes because of their status as Indians.

19 (4) The term ‘‘judicial personnel’’ means any

20 judge, magistrate, court counselor, court clerk, court

21 administrator, bailiff, probation officer, officer of the

22 court, dispute resolution facilitator, or other official,

23 employee, or volunteer within the tribal justice

24 system.
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1 (5) The term ‘‘Office’’ means the Office of

2 Tribal Justice Support within the Bureau of Indian

3 Affairs.

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

5 of the Interior.

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

7 organization defined in section 4(l) of the Indian

8 Self-Determination and Education Assistance Act.

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

10 entire judicial branch, and employees thereof, of an

11 Indian tribe, including (but not limited to) tradi12 tional methods and forums for dispute resolution,

13 lower courts, appellate courts (including intertribal

14 appellate courts), alternative dispute resolution sys15 tems, and circuit rider systems, established by inher16 ent tribal authority whether or not they constitute a

17 court of record.

18 TITLE I—TRIBAL JUSTICE

19 SYSTEMS

20 SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT.

21 (a) ESTABLISHMENT.—There is hereby established

22 within the Bureau the Office of Tribal Justice Support.

23 The purpose of the Office shall be to further the develop24 ment, operation, and enhancement of tribal justice sys25 tems and Courts of Indian Offenses.
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1 (b) TRANSFER OF EXISTING FUNCTIONS AND PER2 SONNEL.—All functions performed before the date of the

3 enactment of this Act by the Branch of Judicial Services

4 of the Bureau and all personnel assigned to such Branch

5 as of the date of the enactment of this Act are hereby

6 transferred to the Office of Tribal Justice Support. Any

7 reference in any law, regulation, executive order, reorga8 nization plan, or delegation of authority to the Branch of

9 Judicial Services is deemed to be a reference to the Office

10 of Tribal Justice Support.

11 (c) FUNCTIONS.—In addition to the functions trans12 ferred to the Office pursuant to subsection (b), the Office

13 shall perform the following functions:

14 (1) Provide funds to Indian tribes and tribal or15 ganizations for the development, enhancement, and

16 continuing operation of tribal justice systems.

17 (2) Provide technical assistance and training,

18 including programs of continuing education and

19 training for personnel of Courts of Indian Offenses.

20 (3) Study and conduct research concerning the

21 operation of tribal justice systems.

22 (4) Promote cooperation and coordination

23 among tribal justice systems and the Federal and

24 State judiciary systems.
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1 (5) Oversee the continuing operations of the

2 Courts of Indian Offenses.

3 (6) Provide funds to Indian tribes and tribal or4 ganizations for the continuation and enhancement of

5 traditional tribal judicial practices.

6 (d) NO IMPOSITION OF STANDARDS.—Nothing in

7 this Act shall be deemed or construed to authorize the Of8 fice to impose justice standards on Indian tribes.

9 (e) ASSISTANCE TO TRIBES.—(1) The Office shall

10 provide technical assistance and training to any Indian

11 tribe or tribal organization upon request. Technical assist12 ance and training shall include (but not be limited to) as13 sistance for the development of—

14 (A) tribal codes and rules of procedure;

15 (B) tribal court administrative procedures and

16 court records management systems;

17 (C) methods of reducing case delays;

18 (D) methods of alternative dispute resolution;

19 (E) tribal standards for judicial administration

20 and conduct; and

21 (F) long-range plans for the enhancement of

22 tribal justice systems.

23 (2) Technical assistance and training provided pursu24 ant to paragraph (1) may be provided through direct serv-
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1 ices, by contract with independent entities, or through

2 grants to Indian tribes or tribal organizations.

3 (f) INFORMATION CLEARINGHOUSE ON TRIBAL JUS4 TICE SYSTEMS.—The Office shall maintain an information

5 clearinghouse (which shall include an electronic data base)

6 on tribal justice systems and Courts of Indian Offenses,

7 including (but not limited to) information on staffing,

8 funding, model tribal codes, tribal justice activities, and

9 tribal judicial decisions. The Office shall take such actions

10 as may be necessary to ensure the confidentiality of

11 records and other matters involving privacy rights.

12 SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

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

14 the date of the enactment of this Act, the Secretary shall

15 enter into a contract with a non-Federal entity to conduct

16 a survey of conditions of tribal justice systems and Courts

17 of Indian Offenses to determine the resources and fund18 ing, including base support funding, needed to provide for

19 expeditious and effective administration of justice. The

20 Secretary, in like manner, shall annually update the infor21 mation and findings contained in the survey required

22 under this section.

23 (b) LOCAL CONDITIONS.—In the course of any an24 nual survey, the non-Federal entity shall document local
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1 conditions of each Indian tribe, including, but not limited

2 to—

3 (1) the geographic area and population to be

4 served;

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

6 tribal justice system;

7 (3) the volume and complexity of the case loads;

8 (4) the facilities, including detention facilities,

9 and program resources available;

10 (5) funding levels and personnel staffing re11 quirements for the tribal justice system; and

12 (6) the training and technical assistance needs

13 of the tribal justice system.

14 (c) CONSULTATION WITH INDIAN TRIBES.—The

15 non-Federal entity shall actively consult with Indian tribes

16 and tribal organizations in the development and conduct

17 of the surveys, including updates thereof, under this sec18 tion. Indian tribes and tribal organizations shall have the

19 opportunity to review and make recommendations regard20 ing the findings of the survey, including updates thereof,

21 prior to final publication of the survey or any update

22 thereof. After Indian tribes and tribal organizations have

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

24 any update thereof, the non-Federal entity shall report its

25 findings, together with the comments and recommenda-
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1 tions of the Indian tribes and tribal organizations, to the

2 Secretary, the Committee on Indian Affairs of the Senate,

3 and the Subcommittee on Native American Affairs of the

4 Committee on Natural Resources of the House of Rep5 resentatives.

6 SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE

7 SYSTEMS.

8 (a) IN GENERAL.—Pursuant to the Indian Self-De9 termination and Education Assistance Act, the Secretary

10 is authorized (to the extent provided in advance in appro11 priations Acts) to enter into contracts, grants, or agree12 ments with Indian tribes and tribal organizations for the

13 performance of any function of the Office and for the de14 velopment, enhancement, and continuing operation of trib15 al justice systems and traditional tribal judicial practices

16 by Indian tribal governments.

17 (b) PURPOSES FOR WHICH FINANCIAL ASSISTANCE

18 MAY BE USED.—Financial assistance provided through

19 contracts, grants, or agreements entered into pursuant to

20 this section may be used for—

21 (1) planning for the development, enhancement,

22 and operation of tribal justice systems;

23 (2) the employment of judicial personnel;

24 (3) training programs and continuing education

25 for tribal judicial personnel;
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1 (4) the acquisition, development, and mainte2 nance of a law library and computer assisted legal

3 research capacities;

4 (5) the development, revision, and publication

5 of tribal codes, rules of practice, rules of procedure,

6 and standards of judicial performance and conduct;

7 (6) the development and operation of records

8 management systems;

9 (7) the construction or renovation of facilities

10 for tribal justice systems;

11 (8) membership and related expenses for par12 ticipation in national and regional organizations of

13 tribal justice systems and other professional organi14 zations; and

15 (9) the development and operation of other in16 novative and culturally relevant programs and

17 projects, including (but not limited to) programs and

18 projects for—

19 (A) alternative dispute resolution;

20 (B) tribal victims assistance or victims

21 services;

22 (C) tribal probation services or diversion

23 programs;

24 (D) juvenile services and multidisciplinary

25 investigations of child abuse; and
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1 (E) traditional tribal judicial practices, tra2 ditional tribal justice systems, and traditional

3 methods of dispute resolution.

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

5 date of the enactment of this Act, the Secretary, with the

6 full participation of Indian tribes, shall establish and pro7 mulgate by regulation, a formula which establishes base

8 support funding for tribal justice systems in carrying out

9 this section.

10 (2) The Secretary shall assess case load and staffing

11 needs for tribal justice systems that take into account

12 unique geographic and demographic conditions. In the as13 sessment of these needs, the Secretary shall work coopera14 tively with Indian tribes and tribal organizations and shall

15 refer to any data developed as a result of the surveys con16 ducted pursuant to section 102 and to relevant assessment

17 standards developed by the Judicial Conference of the

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

19 American Bar Association, and appropriate State bar

20 associations.

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

22 the base support funding formula shall include, but are

23 not limited to—

24 (A) the case load and staffing needs identified

25 under paragraph (2);
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1 (B) the geographic area and population to be

2 served;

3 (C) the volume and complexity of the case

4 loads;

5 (D) the projected number of cases per month;

6 (E) the projected number of persons receiving

7 probation services or participating in diversion pro8 grams; and

9 (F) any special circumstances warranting addi10 tional financial assistance.

11 (4) In developing and administering the formula for

12 base support funding for the tribal judicial systems under

13 this section, the Secretary shall ensure equitable distribu14 tion of funds.

15 TITLE II—AUTHORIZATIONS OF

16 APPROPRIATIONS

17 SEC. 201. TRIBAL JUSTICE SYSTEMS.

18 (a) OFFICE.—There is authorized to be appropriated

19 to carry out the provisions of sections 101 and 102 of this

20 Act, $7,000,000 for each of the fiscal years 1994, 1995,

21 1996, 1997, 1998, 1999, and 2000. None of the funds

22 provided under this subsection may be used for the admin23 istrative expenses of the Office.

24 (b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE

25 SYSTEMS.—There is authorized to be appropriated to
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1 carry out the provisions of section 103 of this Act,

2 $50,000,000 for each of the fiscal years 1994, 1995, 1996,

3 1997, 1998, 1999, and 2000.

4 (c) ADMINISTRATIVE EXPENSES FOR OFFICE.—

5 There is authorized to be appropriated, for the administra6 tive expenses of the Office, $500,000 for each of the fiscal

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

8 (d) SURVEY.—For carrying out the survey under sec9 tion 102, there is authorized to be appropriated, in addi10 tion to the amount authorized under subsection (a) of this

11 section, $400,000.

12 (e) INDIAN PRIORITY SYSTEM.—Funds appropriated

13 pursuant to the authorizations provided by this section

14 and available for a tribal justice system shall not be sub15 ject to the Indian priority system. Nothing in this Act

16 shall preclude a tribal government from supplementing

17 any funds received under this Act with funds received

18 from any other source including the Bureau or any other

19 Federal agency.

20 (f) ALLOCATION OF FUNDS.—In allocating funds ap21 propriated pursuant to the authorization contained in sub22 section (a) among the Bureau, Office, tribal governments

23 and Courts of Indian Offenses, the Secretary shall take

24 such actions as may be necessary to ensure that such allo25 cation is carried out in a manner that is fair and equitable
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1 to all tribal governments and is proportionate to base sup2 port funding under section 103 received by the Bureau,

3 Office, tribal governments, and Courts of Indian Offenses.

4 (g) NO OFFSET.—No Federal agency shall offset

5 funds made available pursuant to this Act for tribal justice

6 systems against other funds otherwise available for use in

7 connection with tribal justice systems.

8 TITLE III—DISCLAIMERS

9 SEC. 301. TRIBAL AUTHORITY.

10 Nothing in this Act shall be construed to—

11 (1) encroach upon or diminish in any way the

12 inherent sovereign authority of each tribal govern13 ment to determine the role of the tribal justice sys14 tem within the tribal government or to enact and en15 force tribal laws;

16 (2) diminish in any way the authority of tribal

17 governments to appoint personnel;

18 (3) impair the rights of each tribal government

19 to determine the nature of its own legal system or

20 the appointment of authority within the tribal gov21 ernment;

22 (4) alter in any way any tribal traditional dis23 pute resolution forum;

24 (5) imply that any tribal justice system is an

25 instrumentality of the United States; or
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1 (6) diminish the trust responsibility of the

2 United States to Indian tribal governments and trib3 al justice systems of such governments.

Passed the House of Representatives August 2,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.