I
106TH CONGRESS
1ST SESSION
H. R. 3333
To provide technical and legal assistance to tribal justice systems and
members of Indian tribes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mr. UDALL of New Mexico (for himself and Mr. GEORGE MILLER of Cali-
fornia) introduced the following bill; which was referred to the Committee
on Resources, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide technical and legal assistance to tribal justice
systems and members of Indian tribes, 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
Technical and Legal Assistance Act of 1999’’.
SEC. 2. FINDINGS.
The Congress finds and declares that—
(1) there is a government-to-government rela-
tionship between the United States and Indian
tribes;
(2) Indian tribes are sovereign entities and are
responsible for exercising governmental authority
over Indian lands;
(3) the rate of violent crime committed in In-
dian country is approximately twice the rate of vio-
lent crime committed in the United States as a
whole;
(4) in any community, a high rate of violent
crime is a major obstacle to investment, job creation
and economic growth;
(5) tribal justice systems are an essential part
of tribal governments and serve as important forums
for ensuring the health and safety and the political
integrity of tribal governments;
(6) Congress and the Federal courts have re-
peatedly recognized tribal justice systems as the
most appropriate forums for the adjudication of dis-
putes affecting personal and property rights on Na-
tive lands;
(7) enhancing tribal court systems and improv-
ing access to those systems serves the dual Federal
goals of tribal political self-determination and eco-
nomic self-sufficiency;
(8) there is both inadequate funding and an in-
adequate coordinating mechanism to meet the tech-
nical and legal assistance needs of tribal justice sys-
tems and this lack of adequate technical and legal
assistance funding impairs their operation;
(9) tribal court membership organizations have
served a critical role in providing training and tech-
nical assistance for development and enhancement of
tribal justice systems;
(10) Indian legal services programs, as funded
partially through the Legal Services Corporation,
have an established record of providing cost effective
legal assistance to Indian people in tribal court fo-
rums, and also contribute significantly to the devel-
opment of tribal courts and tribal jurisprudence; and
(11) the provision of adequate technical assist-
ance to tribal courts and legal assistance to both in-
dividuals and tribal courts is an essential element in
the development of strong tribal court systems.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) to carry out the responsibility of the United
States to Indian tribes and members of Indian tribes
by ensuring access to quality technical and legal as-
sistance.
(2) To strengthen and improve the capacity of
tribal court systems that address civil and criminal
causes of action under the jurisdiction of Indian
tribes.
(3) To strengthen tribal governments and the
economies of Indian tribes through the enhancement
and, where appropriate, development of tribal court
systems for the administration of justice in Indian
country by providing technical and legal assistance
services.
(4) To encourage collaborative efforts between
national or regional membership organizations and
associations whose membership consists of judicial
system personnel within tribal justice systems; non-
profit entities which provide legal assistance services
for Indian tribes, members of Indian tribes, and/or
tribal justice systems.
(5) To assist in the development of tribal judi-
cial systems by supplementing prior Congressional
efforts such as the Indian Tribal Justice Act (Public
Law 103–176).
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) ATTORNEY GENERAL.—The term ‘‘Attorney
General’’ means the Attorney General of the United
States.
(2) INDIAN LANDS.—The term ‘‘Indian lands’’
shall include lands within the definition of ‘‘Indian
country’’, as defined in 18 U.S.C. 1151; or ‘‘Indian
reservations’’, as defined in section 3(d) of the In-
dian Financing Act of 1974, 25 U.S.C. 1452(d), or
section 4(10) of the Indian Child Welfare Act, 25
U.S.C. 1903(10). For purposes of the preceding sen-
tence, such section 3(d) of the Indian Financing Act
shall be applied by treating the term ‘‘former Indian
reservations in Oklahoma’’ as including only lands
which are within the jurisdictional area of an Okla-
homa Indian Tribe (as determined by the Secretary
of Interior) and are recognized by such Secretary as
eligible for trust land status under 25 CFR part 151
(as in effect on the date of enactment of this sen-
tence).
(3) INDIAN TRIBE.—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 or
plans to administer justice under its inherent au-
thority or the authority of the United States and
which is recognized as eligible for the special pro-
grams and services provided by the United States
to Indian tribes because of their status as Indians.
(4) JUDICIAL PERSONNEL.—The term ‘‘judicial
personnel’’ means any judge, magistrate, court coun-
selor, court clerk, court administrator, bailiff, proba-
tion officer, officer of the court, dispute resolution
facilitator, or other official, employee, or volunteer
within the tribal judicial system.
(5) NON-PROFIT
ENTITIES.—The term ‘‘non-
profit entity’’ or ‘‘non-profit entities’’ has the mean-
ing given that term in section 501(c)(3) of the Inter-
nal Revenue Code.
(6) OFFICE
OF
TRIBAL
JUSTICE.—The term
‘‘Office of Tribal Justice’’ means the Office of Tribal
Justice in the United States Department of Justice.
(7) TRIBAL JUSTICE SYSTEM.—The term ‘‘trib-
al court’’, ‘‘tribal court system’’, or ‘‘tribal justice
system’’ means the entire judicial branch, and em-
ployees thereof, of an Indian tribe, including, but
not limited to, traditional methods and fora for dis-
pute resolution, trial courts, appellate courts, includ-
ing inter-tribal appellate courts, alternative dispute
resolution systems, and circuit rider systems, estab-
lished by inherent tribunal authority whether or not
they constitute a court of record.
TITLE I—TRAINING AND TECH-
NICAL 
ASSISTANCE, 
CIVIL
AND 
CRIMINAL 
LEGAL 
AS-
SISTANCE GRANTS
SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL AS-
SISTANCE GRANTS.
Subject to the availability of appropriations, the At-
torney General, in consultation with the Office of Tribal
Justice, shall award grants to national or regional mem-
bership organizations and associations whose membership
consists of judicial system personnel within tribal justice
systems which submit an application to the Attorney Gen-
eral in such form and manner as the Attorney General
may prescribe to provide training and technical assistance
for the development, enrichment, enhancement of tribal
justice systems, or other purposes consistent with this Act.
SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the At-
torney General, in consultation with the Office of Tribal
Justice, shall award grants to non-profit entities, as de-
fined under section 501(c)(3) of the Internal Revenue
Code, which provide legal assistance services for Indian
tribes, members of Indian tribes, or tribal justice systems
pursuant to federal poverty guidelines that submit an ap-
plication to the Attorney General in such form and man-
ner as the Attorney General may prescribe for the provi-
sion of civil legal assistance to members of Indian tribes
and tribal justice systems, and/or other purposes con-
sistent with this Act.
SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the At-
torney General, in consultation with the Office of Tribal
Justice, shall award grants to non-profit entities, as de-
fined by section 501(c)(3) of the Internal Revenue Code,
which provide legal assistance services for Indian tribes,
members of Indian tribes, or tribal justice systems pursu-
ant to federal poverty guidelines that submit an applica-
tion to the Attorney General in such form and manner
as the Attorney General may prescribe for the provision
of criminal legal assistance to members of Indian tribes
and tribal justice systems, and/or other purposes con-
sistent with this Act. Funding under this title may apply
to programs, procedures, or proceedings involving adult
criminal actions, juvenile delinquency actions, and/or
guardian-ad-litem appointments arising out of criminal or
delinquency acts.
SEC. 104. NO OFFSET.
No Federal agency shall offset funds made available
pursuant to this Act for Indian tribal court membership
organizations or Indian legal services organizations
against other funds otherwise available for use in connec-
tion with technical or legal assistance to tribal justice sys-
tems or members of Indian tribes.
SEC. 105. 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 govern-
ment to determine the role of the tribal justice sys-
tem within the tribal government or to enact and en-
force 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 gov-
ernment;
(4) alter in any way any tribal traditional dis-
pute resolution fora;
(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 trib-
al justice systems of such governments.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the activities under this
title, there are authorized to be appropriated such sums
as are necessary for fiscal years 2000 through 2004.
TITLE II—INDIAN TRIBAL
COURTS
SEC. 201. GRANTS.
(a) IN GENERAL.—The Attorney General may award
grants and provide technical assistance to Indian tribes
to enable such tribes to carry out programs to support—
(1) the development, enhancement, and con-
tinuing operation of tribal justice systems; and
(2) the development and implementation of—
(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate sys-
tems;
(C) tribal probation services, diversion pro-
grams, and alternative sentencing provisions;
(D) tribal juvenile services and multi-dis-
ciplinary protocols for child physical and sexual
abuse; and