In the Senate of the United States,
August 6 (legislative day, June 30), 1993.
Resolved, That the bill from the House of Representa-
tives (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 relation-
ship 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 sov-
ereignty of Indian tribes;
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(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 repeat-
edly recognized tribal justice systems as the appro-
priate forums for the adjudication of disputes affect-
ing personal and property rights;
(7) traditional tribal justice practices are essen-
tial to the maintenance of the culture and identity of
Indian tribes and to the goals of this Act;
(8) tribal justice systems are inadequately fund-
ed and the lack of adequate funding impairs their op-
eration; and
(9) tribal government involvement in and com-
mitment to improving tribal justice systems is essen-
tial 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 In-
dian Affairs of the Department of the Interior.
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(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 spe-
cial 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.
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(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 dis-
pute resolution, lower courts, appellate courts (includ-
ing intertribal appellate courts), alternative dispute
resolution systems, and circuit rider systems, estab-
lished 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 PERSON-
NEL.—All functions performed before the date of the enact-
ment 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
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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 fol-
lowing functions:
(1) Provide funds to Indian tribes and tribal or-
ganizations 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 be-
tween 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 pro-
vide training and technical assistance to any Indian tribe
or tribal organization upon request. Technical assistance
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and training which may be provided by the Office shall in-
clude, 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 trib-
al justice systems.
(2) Technical assistance and training provided pursu-
ant to paragraph (1) may be provided through direct serv-
ices, by contract with independent entities, or through
grants to Indian tribes and tribal organizations.
(f) INFORMATION CLEARINGHOUSE ON TRIBAL JUS-
TICE SYSTEMS.—The Office shall establish and maintain
an information clearinghouse (which shall include an elec-
tronic data base) on tribal justice systems, including, but
not limited to, information on staffing, funding, model trib-
al codes, tribal justice activities, and tribal judicial deci-
sions. The Office shall take such action as may be necessary
to ensure the confidentiality records, and other matters in-
volving privacy rights.
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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 consulta-
tion 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 de-
termine the resources and funding, including base support
funding, needed to provide for expeditious and effective ad-
ministration of justice. The Secretary, in like manner, shall
annually update the information and findings contained
in the survey required under this section. Any survey con-
ducted 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 condi-
tions 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;
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(5) funding levels and personnel staffing require-
ments 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 up-
date 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 recommenda-
tions 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 Represent-
atives.
SEC. 203. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE
SYSTEMS.
(a) IN GENERAL.—Pursuant to the Indian Self-Deter-
mination and Education Assistance Act, the Secretary is
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authorized to enter into contracts, grants, or agreements
with Indian tribes and tribal organizations, for the develop-
ment, enhancement, and continuing operation of tribal jus-
tice systems and traditional tribal judicial practices by In-
dian 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 mainte-
nance of a law library or computer assisted legal re-
search 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;