Union Calendar No. 116

103D CONGRESS

1ST SESSION H. R. 1268

[Report No. 103–205]

A BILL

To assist the development of tribal judicial systems,

and for other purposes.

AUGUST 2, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 116

103D CONGRESS

1ST SESSION H. R. 1268

[Report No. 103–205]

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 9, 1993

Mr. RICHARDSON (for himself and Ms. ENGLISH of Arizona) introduced the

following bill; which was referred to the Committee on Natural Resources

AUGUST 2, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 9, 1993]

A BILL

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’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds and declares that—

3 (1) there is a government-to-government relation4 ship between the United States and each Indian tribe;

5 (2) the United States has a trust responsibility

6 to each tribal government that includes the protection

7 of the sovereignty of each tribal government;

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

9 exercise of administrative authorities, has recognized

10 the self-determination, self-reliance, and inherent sov11 ereignty of Indian tribes;

12 (4) Indian tribes possess the inherent authority

13 to establish their own form of government, including

14 tribal justice systems;

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

16 tribal governments and serve as important forums for

17 ensuring public health and safety and the political

18 integrity of tribal governments;

19 (6) Congress and the Federal courts have repeat20 edly recognized tribal justice systems as the appro21 priate forums for the adjudication of disputes affect22 ing personal and property rights;

23 (7) traditional tribal justice practices are essen24 tial to the maintenance of the culture and identity of

25 Indian tribes and to the goals of this Act;
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1 (8) tribal justice systems are inadequately fund2 ed, and the lack of adequate funding impairs their

3 operation; and

4 (9) tribal government involvement in and com5 mitment to improving tribal justice systems is essen6 tial to the accomplishment of the goals of this Act.

7 SEC. 3. DEFINITIONS.

8 For purposes of this Act:

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

10 Indian Affairs of the Department of the Interior.

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

12 the courts established pursuant to part 11 of title 25,

13 Code of Federal Regulations.

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

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

16 or community, including any Alaska Native entity,

17 which administers justice under its inherent author18 ity or the authority of the United States and which

19 is recognized as eligible for the special programs and

20 services provided by the United States to Indian

21 tribes because of their status as Indians.

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

23 judge, magistrate, court counselor, court clerk, court

24 administrator, bailiff, probation officer, officer of the

25 court, dispute resolution facilitator, or other official,
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1 employee, or volunteer within the tribal justice sys2 tem.

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

4 Justice Support within the Bureau of Indian Affairs.

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

6 the Interior.

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

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

9 Self-Determination and Education Assistance Act.

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

11 entire judicial branch, and employees thereof, of an

12 Indian tribe, including (but not limited to) tradi13 tional methods and forums for dispute resolution,

14 lower courts, appellate courts (including intertribal

15 appellate courts), alternative dispute resolution sys16 tems, and circuit rider systems, established by inher17 ent tribal authority whether or not they constitute a

18 court of record.

19 TITLE I—TRIBAL JUSTICE

20 SYSTEMS

21 SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT.

22 (a) ESTABLISHMENT.—There is hereby established

23 within the Bureau the Office of Tribal Justice Support. The

24 purpose of the Office shall be to further the development,
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1 operation, and enhancement of tribal justice systems and

2 Courts of Indian Offenses.

3 (b) TRANSFER OF EXISTING FUNCTIONS AND PERSON4 NEL.—All functions performed before the date of the enact5 ment of this Act by the Branch of Judicial Services of the

6 Bureau and all personnel assigned to such Branch as of

7 the date of the enactment of this Act are hereby transferred

8 to the Office of Tribal Justice Support. Any reference in

9 any law, regulation, executive order, reorganization plan,

10 or delegation of authority to the Branch of Judicial Services

11 is deemed to be a reference to the Office of Tribal Justice

12 Support.

13 (c) FUNCTIONS.—In addition to the functions trans14 ferred to the Office pursuant to subsection (b), the Office

15 shall perform the following functions:

16 (1) Provide funds to Indian tribes and tribal or17 ganizations for the development, enhancement, and

18 continuing operation of tribal justice systems.

19 (2) Provide technical assistance and training,

20 including programs of continuing education and

21 training for personnel of Courts of Indian Offenses.

22 (3) Study and conduct research concerning the

23 operation of tribal justice systems.
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1 (4) Promote cooperation and coordination

2 among tribal justice systems and the Federal and

3 State judiciary systems.

4 (5) Oversee the continuing operations of the

5 Courts of Indian Offenses.

6 (6) Provide funds to Indian tribes and tribal or7 ganizations for the continuation and enhancement of

8 traditional tribal judicial practices.

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

10 Act shall be deemed or construed to authorize the Office to

11 impose justice standards on Indian tribes.

12 (e) ASSISTANCE TO TRIBES.—(1) The Office shall pro13 vide technical assistance and training to any Indian tribe

14 or tribal organization upon request. Technical assistance

15 and training shall include (but not be limited to) assistance

16 for the development of—

17 (A) tribal codes and rules of procedure;

18 (B) tribal court administrative procedures and

19 court records management systems;

20 (C) methods of reducing case delays;

21 (D) methods of alternative dispute resolution;

22 (E) tribal standards for judicial administration

23 and conduct; and

24 (F) long-range plans for the enhancement of trib25 al justice systems.
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1 (2) Technical assistance and training provided pursu2 ant to paragraph (1) may be provided through direct serv3 ices, by contract with independent entities, or through

4 grants to Indian tribes or tribal organizations.

5 (f) INFORMATION CLEARINGHOUSE ON TRIBAL JUS6 TICE SYSTEMS.—The Office shall maintain an information

7 clearinghouse (which shall include an electronic data base)

8 on tribal justice systems and Courts of Indian Offenses, in9 cluding (but not limited to) information on staffing, fund10 ing, model tribal codes, tribal justice activities, and tribal

11 judicial decisions. The Office shall take such actions as may

12 be necessary to ensure the confidentiality of records and

13 other matters involving privacy rights.

14 SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

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

16 date of the enactment of this Act, the Secretary shall enter

17 into a contract with a non-Federal entity to conduct a sur18 vey of conditions of tribal justice systems and Courts of In19 dian Offenses to determine the resources and funding, in20 cluding base support funding, needed to provide for expedi21 tious and effective administration of justice. The Secretary,

22 in like manner, shall annually update the information and

23 findings contained in the survey required under this sec24 tion.
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1 (b) LOCAL CONDITIONS.—In the course of any annual

2 survey, the non-Federal entity shall document local condi3 tions of each Indian tribe, including, but not limited to—

4 (1) the geographic area and population to be

5 served;

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

7 tribal justice system;

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

9 (4) the facilities, including detention facilities,

10 and program resources available;

11 (5) funding levels and personnel staffing require12 ments for the tribal justice system; and

13 (6) the training and technical assistance needs of

14 the tribal justice system.

15 (c) CONSULTATION WITH INDIAN TRIBES.—The non16 Federal entity shall actively consult with Indian tribes and

17 tribal organizations in the development and conduct of the

18 surveys, including updates thereof, under this section. In19 dian tribes and tribal organizations shall have the oppor20 tunity to review and make recommendations regarding the

21 findings of the survey, including updates thereof, prior to

22 final publication of the survey or any update thereof. After

23 Indian tribes and tribal organizations have reviewed and

24 commented on the results of the survey, or any update there25 of, the non-Federal entity shall report its findings, together
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1 with the comments and recommendations of the Indian

2 tribes and tribal organizations, to the Secretary, the Com3 mittee on Indian Affairs of the Senate, and the Subcommit4 tee on Native American Affairs of the Committee on Natu5 ral Resources of the House of Representatives.

6 SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE

7 SYSTEMS.

8 (a) IN GENERAL.—Pursuant to the Indian Self-Deter9 mination and Education Assistance Act, the Secretary is

10 authorized (to the extent provided in advance in appropria11 tions Acts) to enter into contracts, grants, or agreements

12 with Indian tribes and tribal organizations for the perform13 ance of any function of the Office and for the development,

14 enhancement, and continuing operation of tribal justice sys15 tems and traditional tribal judicial practices by Indian

16 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 re3 search capacities;

4 (5) the development, revision, and publication of

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

6 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 for

10 tribal justice systems;

11 (8) membership and related expenses for partici12 pation in national and regional organizations of trib13 al justice systems and other professional organiza14 tions; and

15 (9) the development and operation of other inno16 vative and culturally relevant programs and projects,

17 including (but not limited to) programs and projects

18 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,

2 traditional 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 asso20 ciations.

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

22 base support funding formula shall include, but are not lim23 ited 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 loads;

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

5 (E) the projected number of persons receiving

6 probation services or participating in diversion pro7 grams; and

8 (F) any special circumstances warranting addi9 tional financial assistance.

10 (4) In developing and administering the formula for

11 base support funding for the tribal judicial systems under

12 this section, the Secretary shall ensure equitable distribu13 tion of funds.

14 TITLE II—AUTHORIZATIONS OF

15 APPROPRIATIONS

16 SEC. 201. TRIBAL JUSTICE SYSTEMS.

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

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

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

20 1996, 1997, 1998, 1999, and 2000. None of the funds pro21 vided under this subsection may be used for the administra22 tive expenses of the Office.

23 (b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE

24 SYSTEMS.—There is authorized to be appropriated to carry

25 out the provisions of section 103 of this Act, $50,000,000
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1 for each of the fiscal years 1994, 1995, 1996, 1997, 1998,

2 1999, and 2000.

3 (c) ADMINISTRATIVE EXPENSES FOR OFFICE.—There

4 is authorized to be appropriated, for the administrative ex5 penses of the Office, $500,000 for each of the fiscal years

6 1994, 1995, 1996, 1997, 1998, 1999, and 2000.

7 (d) SURVEY.—For carrying out the survey under sec8 tion 102, there is authorized to be appropriated, in addition

9 to the amount authorized under subsection (a) of this sec10 tion, $400,000.

11 (e) INDIAN PRIORITY SYSTEM.—Funds appropriated

12 pursuant to the authorizations provided by this section and

13 available for a tribal justice system shall not be subject to

14 the Indian priority system. Nothing in this Act shall pre15 clude a tribal government from supplementing any funds

16 received under this Act with funds received from any other

17 source including the Bureau or any other Federal agency.

18 (f) ALLOCATION OF FUNDS.—In allocating funds ap19 propriated pursuant to the authorization contained in sub20 section (a) among the Bureau, Office, tribal governments

21 and Courts of Indian Offenses, the Secretary shall take such

22 actions as may be necessary to ensure that such allocation

23 is carried out in a manner that is fair and equitable to

24 all tribal governments and is proportionate to base support
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1 funding under section 103 received by the Bureau, Office,

2 tribal governments, and Courts of Indian Offenses.

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

4 made available pursuant to this Act for tribal justice sys5 tems against other funds otherwise available for use in con6 nection with tribal justice systems.

7 TITLE III—DISCLAIMERS

8 SEC. 301. TRIBAL AUTHORITY.

9 Nothing in this Act shall be construed to—

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

11 inherent sovereign authority of each tribal govern12 ment to determine the role of the tribal justice system

13 within the tribal government or to enact and enforce

14 tribal laws;

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

16 governments to appoint personnel;

17 (3) impair the rights of each tribal government

18 to determine the nature of its own legal system or the

19 appointment of authority within the tribal govern20 ment;

21 (4) alter in any way any tribal traditional dis22 pute resolution forum;

23 (5) imply that any tribal justice system is an in24 strumentality 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.

HR 1268 RH——2