I
103D CONGRESS
1ST SESSION
H. R. 1268
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
A BILL
To assist the development of tribal judicial systems, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 rela-
tionship between the United States and each Indian
tribe;
(2) Congress, through statutes, treaties, and
the exercise of administrative authorities, has recog-
nized the self-determination, self-reliance, and inher-
ent sovereignty of Indian tribes;
(3) Indian tribes possess the inherent authority
to establish their own form of government, including
tribal justice systems;
(4) tribal justice systems are essential to self-
government and integral to the fulfillment of the
Federal Government’s policy of self-determination;
(5) tribal justice systems are inadequately fund-
ed and the lack of adequate funding impairs their
ability to administer justice effectively; and
(6) 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. 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 author-
ity 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 sys-
tem.
(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, alternative dispute resolu-
tion systems, and circuit rider systems, established
by inherent tribal authority whether or not they con-
stitute 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 develop-
ment, operation, and enhancement of tribal justice sys-
tems and Courts of Indian Offenses.
(b) TRANSFER OF EXISTING FUNCTIONS AND PER-
SONNEL.—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, reorga-
nization 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.—Except as otherwise provided in
title II, in addition to the functions transferred to the Of-
fice pursuant to subsection (b), the Office shall perform
the following functions:
to final publication of the survey. After Indian tribes and
tribal organizations have reviewed and commented on the
results of the survey, the Office shall report its findings,
together with the comments and recommendations of the
Indian tribes and tribal organizations, to the Secretary,
the Select Committee on Indian Affairs of the Senate, and
the Subcommittee on Native American Affairs of the Com-
mittee on Natural Resources of the House of Representa-
tives.
SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE
SYSTEMS.
(a) IN GENERAL.—Pursuant to the Indian Self-De-
termination and Education Assistance Act, the Secretary
is authorized (to the extent provided in advance in appro-
priations Acts) to enter into contracts, grants, or agree-
ments with Indian tribes and tribal organizations for the
development, enhancement, and continuing operation of
tribal justice systems on Indian reservations.
(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;
(8) membership and related expenses for par-
ticipation in national and regional organizations of
tribal justice systems and other professional organi-
zations; and
(9) the development and operation of other in-
novative and culturally relevant programs and
projects, including programs and projects for—
(A) alternative dispute resolution;
(B) tribal victims assistance or victims
services;
(C) tribal probation services or diversion
programs;
(D) multidisciplinary investigations of child
abuse; and
(E) tribal traditional justice systems or
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 pro-
mulgate by regulation, a formula which establishes base
support funding for tribal justice systems in carrying out
this section and tribal judicial conferences carrying out
section 201(a)(2) on behalf of members of such con-
ferences. Such formula shall assure that in any case in
which two or more Indian tribes form a tribal judicial con-
ference under title II, the base support for such conference
shall be an amount equal to the aggregate of that which
each tribal member of such conference would have received
if such tribe had not elected to be a member of the con-
ference.
(2) The Secretary shall develop appropriate case load
standards and staffing requirements for tribal justice sys-
tems that take into account unique reservation conditions.
In the development of these standards, the Secretary shall
work cooperatively with Indian tribes and tribal organiza-
tions and shall refer to comparable relevant standards de-
veloped by the Judicial Conference of the United States,
the National Center for State Courts, and the American
Bar Association.
(3) Factors to be considered in the development of
the base support funding formula shall include, but are
not limited to—
(A) the case load standards and staffing re-
quirements developed under paragraph (2);
(B) the reservation size and population to be
served;
(C) the volume and complexity of the case
loads;
(D) the projected number of cases per month;
(E) the projected number of persons receiving
probation services or participating in diversion pro-
grams; and
(F) any special circumstances warranting addi-
tional financial assistance.
(4) In developing the formula for base support fund-
ing for the tribal judicial systems and tribal judicial con-
ferences under this section, the Secretary shall ensure eq-
uitable distribution of funds.
TITLE II—TRIBAL JUDICIAL
CONFERENCES
SEC. 201. ESTABLISHMENT; FUNDING.
(a) ESTABLISHMENT.—In any case in which two or
more governing bodies of Indian tribes establish a judicial
conference, such conference shall be considered a tribal or-
ganization and eligible to contract for funds pursuant to
this title if each member tribe served by the conference
has adopted a tribal resolution which authorizes the tribal
judicial conference to receive and administer funds under
this title. At the written request of any tribal judicial con-
ference, a contract entered into pursuant to this title
shall—
(1) authorize the conference to receive funds
and only perform some or all of the duties of the
Bureau and the Office under sections 101 and 102
on behalf of the members of such conference; and
(2) authorize the conference to receive funds
and only perform some or all of the duties of the
Bureau and the Office under section 103 on behalf
of members of the conference.
(b) CONTRACT AUTHORITY.—Pursuant to the Indian
Self-Determination and Education Assistance Act, the
Secretary is authorized to enter into contracts, grants, or
agreements with a tribal judicial conference for the devel-
opment, enhancement, and continuing operation of tribal
justice systems of Indian tribes which are members of
such conference.
(c) FUNDING.—The Secretary is authorized to pro-
vide funding to tribal judicial conferences pursuant to con-
tracts entered into under the authority of the Indian Self-
Determination and Education Assistance Act for adminis-
trative expenses incurred by such conferences.
SEC. 202. LIMITATION.
In any case in which an Indian tribe receives financial
assistance through a tribal judicial conference for the op-
eration of a tribal justice system for any fiscal year, the
tribal justice system of that tribe shall not be eligible for
assistance under title I for that fiscal year.
TITLE III—AUTHORIZATIONS
SEC. 301. TRIBAL JUSTICE SYSTEMS.
(a) OFFICE.—There are authorized to be appro-
priated to carry out the provisions of sections 101, 102,
and 201(a)(1) of this Act, $7,000,000 for each of the fis-
cal 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 or any
tribal judicial conference.
(b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE
SYSTEMS AND JUDICIAL CONFERENCES.—There are au-