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:

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. SHORT TITLE.

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

4 Systems Act’’.

5 SEC. 102. FINDINGS.

6 Congress finds and declares that—

7 (1) there is a government-to-government relation8 ship between the United States and each Indian tribe;

9 (2) the United States has a trust responsibility

10 to each tribal government that includes the protection

11 of the sovereignty of each tribal government;

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

13 exercise of administrative authorities, has recognized

14 the self-determination, self-reliance, and inherent sov15 ereignty of Indian tribes;
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1 (4) Indian tribes possess the inherent authority

2 to establish their own form of government, including

3 tribal justice systems;

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

5 tribal governments and serve as important forums for

6 ensuring public health and safety and the political

7 integrity of tribal governments;

8 (6) Congress and the Federal courts have repeat9 edly recognized tribal justice systems as the appro10 priate forums for the adjudication of disputes affect11 ing personal and property rights;

12 (7) traditional tribal justice practices are essen13 tial to the maintenance of the culture and identity of

14 Indian tribes and to the goals of this Act;

15 (8) tribal justice systems are inadequately fund16 ed and the lack of adequate funding impairs their op17 eration; and

18 (9) tribal government involvement in and com19 mitment to improving tribal justice systems is essen20 tial to the accomplishment of the goals of this Act.

21 SEC. 103. DEFINITIONS.

22 For purposes of this Act:

23 (1) The term ‘‘Bureau’’ means the Bureau of In24 dian Affairs of the Department of the Interior.
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1 (2) The term ‘‘Courts of Indian Offenses’’ means

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

3 Code of Federal Regulations.

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

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

6 or community, including any Alaska Native entity,

7 which administers justice under the authority of the

8 United States or the inherent authority of the native

9 entity and which is recognized as eligible for the spe10 cial programs and services provided by the United

11 States to Indian tribes because of their status as

12 Indians.

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

14 judge, magistrate, court counselor, court clerk, court

15 administrator, bailiff, probation officer, officer of the

16 court, dispute resolution facilitator, or other official,

17 employee, or volunteer within the tribal justice

18 system.

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

20 Justice Support within the Bureau of Indian Affairs.

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

22 the Interior.

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

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

25 Self-Determination and Education Assistance Act.
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1 (8) The term ‘‘tribal justice system’’ means the

2 entire justice system of an Indian tribe, including but

3 not limited to traditional methods and forums for dis4 pute resolution, lower courts, appellate courts (includ5 ing intertribal appellate courts), alternative dispute

6 resolution systems, and circuit rider systems, estab7 lished by inherent tribal authority without regard to

8 whether they constitute a court of record.

9 TITLE II—TRIBAL JUSTICE

10 SYSTEMS

11 SEC. 201. OFFICE OF TRIBAL JUSTICE SUPPORT.

12 (a) ESTABLISHMENT.—There is hereby established

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

14 purpose of the Office shall be to further the development,

15 operation, and enhancement of tribal justice systems and

16 Courts of Indian Offenses.

17 (b) TRANSFER OF EXISTING FUNCTIONS AND PERSON18 NEL.—All functions performed before the date of the enact19 ment of this Act by the Branch of Judicial Services of the

20 Bureau and all personnel assigned to such Branch as of

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

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

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

24 or delegation of authority to the Branch of Judicial Services
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1 is deemed to be a reference to the Office of Tribal Justice

2 Support.

3 (c) FUNCTIONS.—Except as otherwise provided in title

4 III, in addition to the functions transferred to the Office

5 pursuant to subsection (b), the Office shall perform the fol6 lowing functions:

7 (1) Provide funds to Indian tribes and tribal or8 ganizations for the development, enhancement, and

9 continuing operation of tribal justice systems.

10 (2) Provide technical assistance and training,

11 including programs of continuing education and

12 training for personnel of Courts of Indian Offenses.

13 (3) Study and conduct research concerning the

14 operation of tribal justice systems.

15 (4) Promote cooperation and coordination be16 tween tribal justice systems, the Federal judiciary,

17 and State judiciary systems.

18 (5) Oversee the continuing operations of the

19 Courts of Indian Offenses.

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

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

22 impose justice standards on Indian tribes.

23 (e) ASSISTANCE TO TRIBES.—(1) The Office shall pro24 vide training and technical assistance to any Indian tribe

25 or tribal organization upon request. Technical assistance
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1 and training which may be provided by the Office shall in2 clude, but is not limited to, assistance for the development

3 of—

4 (A) tribal codes and rules of procedure;

5 (B) tribal court administrative procedures and

6 court records management systems;

7 (C) methods of reducing case delays;

8 (D) methods of alternative dispute resolution;

9 (E) tribal standards for judicial administration

10 and conduct; and

11 (F) long-range plans for the enhancement of trib12 al justice systems.

13 (2) Technical assistance and training provided pursu14 ant to paragraph (1) may be provided through direct serv15 ices, by contract with independent entities, or through

16 grants to Indian tribes and tribal organizations.

17 (f) INFORMATION CLEARINGHOUSE ON TRIBAL JUS18 TICE SYSTEMS.—The Office shall establish and maintain

19 an information clearinghouse (which shall include an elec20 tronic data base) on tribal justice systems, including, but

21 not limited to, information on staffing, funding, model trib22 al codes, tribal justice activities, and tribal judicial deci23 sions. The Office shall take such action as may be necessary

24 to ensure the confidentiality records, and other matters in25 volving privacy rights.
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1 SEC. 202. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

2 (a) IN GENERAL.—Not later than 6 months after the

3 date of the enactment of this Act, the Secretary, in consulta4 tion with Indian tribes, shall enter into a contract with

5 a non-Federal entity to conduct a survey of conditions of

6 tribal justice systems and Courts of Indian Offenses to de7 termine the resources and funding, including base support

8 funding, needed to provide for expeditious and effective ad9 ministration of justice. The Secretary, in like manner, shall

10 annually update the information and findings contained

11 in the survey required under this section. Any survey con12 ducted pursuant to this section shall be completed and its

13 findings reported by the Secretary and the Congress not

14 later than 12 months after the date on which the contract

15 for the conduct of the survey is executed.

16 (b) LOCAL CONDITIONS.—In the course of any annual

17 survey, the non-Federal entity shall document local condi18 tions of each Indian tribe, including, but not limited to—

19 (1) the geographic area and population to be

20 served;

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

22 tribal justice system;

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

24 (4) the facilities, including detention facilities,

25 and program resources available;
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1 (5) funding levels and personnel staffing require2 ments for the tribal justice system; and

3 (6) the training and technical assistance needs of

4 the tribal justice system.

5 (c) CONSULTATION WITH INDIAN TRIBES.—The non6 Federal entity shall actively consult with Indian tribes and

7 tribal organizations in the development and conduct of the

8 survey, including updates thereof, of conditions of tribal

9 justice systems. Indian tribes and tribal organizations shall

10 have the opportunity to review and make recommendations

11 regarding the findings of the survey, including updates

12 thereof, prior to final publication of the survey, or any up13 date thereof. After Indian tribes and tribal organizations

14 have reviewed and commented on the results of the survey,

15 or any update thereof, the non-Federal entity shall report

16 its findings, together with the comments and recommenda17 tions of the Indian tribes and tribal organizations, to the

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

19 and the Subcommittee on Native American Affairs of the

20 Committee on Natural Resources of the House of Represent21 atives.

22 SEC. 203. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE

23 SYSTEMS.

24 (a) IN GENERAL.—Pursuant to the Indian Self-Deter25 mination and Education Assistance Act, the Secretary is
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1 authorized to enter into contracts, grants, or agreements

2 with Indian tribes and tribal organizations, for the develop3 ment, enhancement, and continuing operation of tribal jus4 tice systems and traditional tribal judicial practices by In5 dian tribal governments.

6 (b) PURPOSES FOR WHICH FINANCIAL ASSISTANCE

7 MAY BE USED.—Financial assistance provided through

8 contracts, grants, or agreements entered into pursuant to

9 this section may be used for—

10 (1) planning for the development, enhancement,

11 and operation of tribal justice systems;

12 (2) the employment of judicial personnel;

13 (3) training programs and continuing education

14 for tribal judicial personnel;

15 (4) the acquisition, development, and mainte16 nance of a law library or computer assisted legal re17 search capacities;

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

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

20 standards of judicial performance and conduct;

21 (6) the development and operation of records

22 management systems;

23 (7) the construction or renovation of facilities for

24 tribal justice systems;
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1 (8) membership and related expenses for partici2 pation in national and regional organizations of trib3 al justice systems and other professional organiza4 tions; and

5 (9) the development and operation of other inno6 vative and culturally relevant programs and projects,

7 including programs and projects for—

8 (A) alternative dispute resolution;

9 (B) tribal victims assistance or victims

10 services;

11 (C) tribal probation services or diversion

12 programs;

13 (D) juvenile justice services and multidisci14 plinary investigations of child abuse; and

15 (E) traditional tribal judicial practices,

16 traditional tribal justice systems and traditional

17 methods of dispute resolution.

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

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

20 full participation of Indian tribes, shall establish and pro21 mulgate by regulation, a formula which establishes base

22 support funding for tribal justice systems in carrying out

23 this section.

24 (2) The Secretary shall assess caseload and staffing

25 needs for tribal justice systems and take into account
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1 unique geographic and demographic conditions. In the as2 sessment of these needs, the Secretary shall work coopera3 tively with Indian tribes and tribal organizations and shall

4 refer to any data developed as a result of the surveys con5 ducted pursuant to section 202 and to comparable relevant

6 assessment standards developed by the Judicial Conference

7 of the United States, the National Center for State Courts,

8 and the American Bar Association.

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

10 base support funding formula shall include, but are not lim11 ited to—

12 (A) the caseload and staffing needs identified

13 under paragraph (2) of this section;

14 (B) the geographic area and population to be

15 served;

16 (C) the volume and complexity of the caseloads;

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

18 (E) the projected number of persons receiving

19 probation services or participating in diversion pro20 grams; and

21 (F) any special circumstances warranting addi22 tional financial assistance.

23 (4) In developing the formula for base support funding

24 for tribal judicial systems under this section, the Secretary

25 shall ensure equitable distribution of funds.
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1 TITLE III—TRIBAL JUDICIAL

2 CONFERENCES

3 SEC. 301. ESTABLISHMENT; FUNDING.

4 (a) ESTABLISHMENT.—In any case in which two or

5 more governing bodies of Indian tribes establish a regional

6 or national judicial conference, such conference shall be con7 sidered a tribal organization and eligible to contract for

8 funds under this title, if each member tribe served by the

9 conference has adopted a tribal resolution which authorizes

10 the tribal judicial conference to receive and administer

11 funds under this title. At the written request of any tribal

12 judicial conference, a contract entered into pursuant to this

13 title shall authorize the conference to receive funds and per14 form any or all of the duties of the Bureau and the Office

15 under sections 201 and 202 of this Act on behalf of the mem16 bers of such conference.

17 (b) CONTRACT AUTHORITY.—Pursuant to the Indian

18 Self-Determination and Education Assistance Act, the Sec19 retary is authorized, subject to appropriations, to enter into

20 contracts, grants, or agreements with a tribal judicial con21 ference for the development, enhancement, and continuing

22 operation of tribal justice systems of Indian tribes which

23 are members of such conference.

24 (c) FUNDING.—The Secretary is authorized to provide

25 funding to tribal judicial conferences pursuant to contracts
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1 entered into under the authority of the Indian Self-Deter2 mination and Education Assistance Act for administrative

3 expenses incurred by such conferences.

4 TITLE IV—STUDY OF TRIBAL/

5 FEDERAL COURT REVIEW

6 SEC. 401. STUDY.

7 (a) TRIBAL/FEDERAL COURT REVIEW.—A comprehen8 sive study shall be conducted in accordance with subsection

9 (b), of the treatment by tribal justice systems of matters

10 arising under the Indian Civil Rights Act (25 U.S.C. 1301

11 et seq.) and of other Federal laws for which tribal justice

12 systems have jurisdictional authority and regulations pro13 mulgated by Federal agencies pursuant to the Indian Civil

14 Rights Act and other Acts of Congress. The study shall in15 clude an analysis of those Indian Civil Rights Act cases

16 that were the subject of Federal court review from 1968 to

17 1978 and the burden, if any, on tribal governments, tribal

18 justice systems, and Federal courts of such review. The

19 study shall address the circumstances under which Federal

20 court review of actions arising under the Indian Civil

21 Rights Act may be appropriate or warranted.

22 (b) TRIBAL/FEDERAL COURT REVIEW STUDY

23 PANEL.—The study required in subsection (a) shall be con24 ducted by the Tribal/Federal Court Review Study Panel in

25 consultation with tribal governments.
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1 SEC. 402. TRIBAL/FEDERAL COURT REVIEW STUDY PANEL.

2 (a) COMPOSITION.—The Tribal/Federal Court Review

3 Study Panel shall consist of—

4 (1) four representatives of tribal governments,

5 including tribal court judges, two of whom shall be

6 appointed by the Speaker of the House of Representa7 tives and two of whom shall be appointed by the

8 President pro tempore of the Senate; and

9 (2) four members of the United States Courts of

10 Appeal, of whom one shall be appointed by the chief

11 judge of the eighth circuit, one by the chief judge of

12 the ninth circuit, one by the chief judge of the tenth

13 circuit, and one by the chief judge of the Federal cir14 cuit.

15 (b) PERSONNEL.—The Tribal/Federal Court Review

16 Study Panel may employ, on a temporary basis, such per17 sonnel as are required to carry out the provisions of this

18 title.

19 (c) FINDINGS.—The Tribal/Federal Court Review

20 Study Panel, not later than the expiration of the 12-month

21 period following the date on which moneys are first made

22 available to carry out this title, shall submit its findings

23 and recommendations to—

24 (1) Congress;

25 (2) the Secretary;
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1 (3) the Director of the Administrative Office of

2 the United States Courts; and

3 (4) each Indian tribe.

4 (d) TERMINATION.—Thirty days after the Panel has

5 submitted its findings and recommendations under sub6 section (c), the Panel shall cease to exist.

7 TITLE V—AUTHORIZATIONS

8 SEC. 501. TRIBAL JUSTICE SYSTEMS.

9 (a) OFFICE.—There are authorized to be appropriated

10 to carry out the provisions of sections 201, 202, and 301(a)

11 of this Act, $7,000,000 for each of the fiscal years 1994,

12 1995, 1996, 1997, 1998, 1999, and 2000. None of the funds

13 provided pursuant to the authorizations under this sub14 section may be used for the administrative expenses of the

15 Office.

16 (b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE

17 SYSTEMS AND JUDICIAL CONFERENCES.—There are author18 ized to be appropriated to carry out the provisions of section

19 203 of this Act, $50,000,000 for each of the fiscal years

20 1994, 1995, 1996, 1997, 1998, 1999, and 2000.

21 (c) ADMINISTRATIVE EXPENSES FOR OFFICE.—There

22 are authorized to be appropriated, for the administrative

23 expenses of the Office, $500,000 for each of the fiscal years

24 1994, 1995, 1996, 1997, 1998, 1999, and 2000.
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1 (d) ADMINISTRATIVE EXPENSES FOR TRIBAL JUDI2 CIAL CONFERENCES.—There are authorized to be appro3 priated, for the administrative expenses of tribal judicial

4 conferences, $500,000 for each of the fiscal years 1994, 1995,

5 1996, 1997, 1998, 1999, and 2000.

6 (e) SURVEY.—For carrying out the survey under sec7 tion 202, there is authorized to be appropriated, in addition

8 to the amount authorized under subsection (a) of this sec9 tion, $400,000 for each of the fiscal years 1994, 1995, 1996,

10 1997, 1998, 1999, and 2000.

11 (f) AUTHORIZATION.—For carrying out the study

12 under section 401, there is authorized to be appropriated

13 such sums as may be necessary.

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

15 made available pursuant to this Act for tribal justice sys16 tems against funds otherwise available for use in connection

17 with tribal justice systems.

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

21 governments, and tribal judicial conferences, the Secretary

22 shall take such action as may be necessary to ensure that

23 such allocation is carried out in a manner that is fair and

24 equitable, and is proportionate to base support funding

25 under section 203 received by the Bureau, Office, tribal gov-
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1 ernments, and tribal government members comprising a ju2 dicial conference.

3 (i) INDIAN PRIORITY SYSTEM.—Funds appropriated

4 pursuant to the authorizations provided by this section and

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

6 the Indian priority system. Nothing in this Act shall pre7 clude a tribal government from supplementing any funds

8 received under this Act with funds received from any other

9 source including the Bureau or any other Federal agency.

10 TITLE VI—DISCLAIMERS

11 SEC. 601. TRIBAL AUTHORITY.

12 Nothing in this Act shall be construed to—

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

14 inherent sovereign authority of each tribal govern15 ment to determine the role of the tribal court within

16 the tribal government or to enact and enforce tribal

17 laws;

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

19 governments to appoint personnel;

20 (3) impair the rights of each tribal government

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

22 apportionment of authority within the tribal govern23 ment;

24 (4) alter in any way traditional dispute resolu25 tion forums;
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1 (5) imply that any tribal court is an instrumen2 tality of the United States; or

3 (6) diminish the trust responsibility of the

4 United States to Indian tribal governments and

5 tribal justice systems of such governments.

Attest:

Secretary.
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