`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Enrolled Bill (ENR)]

        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, including 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.
        (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 organizations 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 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
            (E) traditional tribal judicial practices, traditional 
        justice 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 Conferences.--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;
        (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.`