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(8) membership and related expenses for partici-
pation in national and regional organizations of trib-
al justice systems and other professional organiza-
tions; and
(9) the development and operation of other inno-
vative 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) juvenile justice services and multidisci-
plinary investigations of child abuse; and
(E) traditional tribal judicial practices,
traditional tribal justice systems and 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.
(2) The Secretary shall assess caseload and staffing
needs for tribal justice systems and take into account
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unique geographic and demographic conditions. In the as-
sessment of these needs, the Secretary shall work coopera-
tively with Indian tribes and tribal organizations and shall
refer to any data developed as a result of the surveys con-
ducted pursuant to section 202 and to comparable relevant
assessment standards developed 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 lim-
ited to—
(A) the caseload and staffing needs identified
under paragraph (2) of this section;
(B) the geographic area and population to be
served;
(C) the volume and complexity of the caseloads;
(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 funding
for tribal judicial systems under this section, the Secretary
shall ensure equitable distribution of funds.
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TITLE III—TRIBAL JUDICIAL
CONFERENCES
SEC. 301. ESTABLISHMENT; FUNDING.
(a) ESTABLISHMENT.—In any case in which two or
more governing bodies of Indian tribes establish a regional
or national judicial conference, such conference shall be con-
sidered a tribal organization and eligible to contract for
funds under 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 conference, a contract entered into pursuant to this
title shall authorize the conference to receive funds and per-
form any or all of the duties of the Bureau and the Office
under sections 201 and 202 of this Act on behalf of the mem-
bers of such conference.
(b) CONTRACT AUTHORITY.—Pursuant to the Indian
Self-Determination and Education Assistance Act, the Sec-
retary is authorized, subject to appropriations, to enter into
contracts, grants, or agreements with a tribal judicial con-
ference for the development, enhancement, and continuing
operation of tribal justice systems of Indian tribes which
are members of such conference.
(c) FUNDING.—The Secretary is authorized to provide
funding to tribal judicial conferences pursuant to contracts
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entered into under the authority of the Indian Self-Deter-
mination and Education Assistance Act for administrative
expenses incurred by such conferences.
TITLE IV—STUDY OF TRIBAL/
FEDERAL COURT REVIEW
SEC. 401. STUDY.
(a) TRIBAL/FEDERAL COURT REVIEW.—A comprehen-
sive study shall be conducted in accordance with subsection
(b), of the treatment by tribal justice systems of matters
arising under the Indian Civil Rights Act (25 U.S.C. 1301
et seq.) and of other Federal laws for which tribal justice
systems have jurisdictional authority and regulations pro-
mulgated by Federal agencies pursuant to the Indian Civil
Rights Act and other Acts of Congress. The study shall in-
clude an analysis of those Indian Civil Rights Act cases
that were the subject of Federal court review from 1968 to
1978 and the burden, if any, on tribal governments, tribal
justice systems, and Federal courts of such review. The
study shall address the circumstances under which Federal
court review of actions arising under the Indian Civil
Rights Act may be appropriate or warranted.
(b) 
TRIBAL/FEDERAL
COURT
REVIEW
STUDY
PANEL.—The study required in subsection (a) shall be con-
ducted by the Tribal/Federal Court Review Study Panel in
consultation with tribal governments.
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SEC. 402. TRIBAL/FEDERAL COURT REVIEW STUDY PANEL.
(a) COMPOSITION.—The Tribal/Federal Court Review
Study Panel shall consist of—
(1) four representatives of tribal governments,
including tribal court judges, two of whom shall be
appointed by the Speaker of the House of Representa-
tives and two of whom shall be appointed by the
President pro tempore of the Senate; and
(2) four members of the United States Courts of
Appeal, of whom one shall be appointed by the chief
judge of the eighth circuit, one by the chief judge of
the ninth circuit, one by the chief judge of the tenth
circuit, and one by the chief judge of the Federal cir-
cuit.
(b) PERSONNEL.—The Tribal/Federal Court Review
Study Panel may employ, on a temporary basis, such per-
sonnel as are required to carry out the provisions of this
title.
(c) FINDINGS.—The Tribal/Federal Court Review
Study Panel, not later than the expiration of the 12-month
period following the date on which moneys are first made
available to carry out this title, shall submit its findings
and recommendations to—
(1) Congress;
(2) the Secretary;
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(3) the Director of the Administrative Office of
the United States Courts; and
(4) each Indian tribe.
(d) TERMINATION.—Thirty days after the Panel has
submitted its findings and recommendations under sub-
section (c), the Panel shall cease to exist.
TITLE V—AUTHORIZATIONS
SEC. 501. TRIBAL JUSTICE SYSTEMS.
(a) OFFICE.—There are authorized to be appropriated
to carry out the provisions of sections 201, 202, and 301(a)
of this Act, $7,000,000 for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000. None of the funds
provided pursuant to the authorizations under this sub-
section may be used for the administrative expenses of the
Office.
(b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE
SYSTEMS AND JUDICIAL CONFERENCES.—There are author-
ized to be appropriated to carry out the provisions of section
203 of this Act, $50,000,000 for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000.
(c) ADMINISTRATIVE EXPENSES FOR OFFICE.—There
are authorized to be appropriated, for the administrative
expenses of the Office, $500,000 for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000.
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(d) ADMINISTRATIVE EXPENSES FOR TRIBAL JUDI-
CIAL CONFERENCES.—There are authorized to be appro-
priated, for the administrative expenses of tribal judicial
conferences, $500,000 for each of the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, and 2000.
(e) SURVEY.—For carrying out the survey under sec-
tion 202, there is authorized to be appropriated, in addition
to the amount authorized under subsection (a) of this sec-
tion, $400,000 for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.
(f) AUTHORIZATION.—For carrying out the study
under section 401, there is authorized to be appropriated
such sums as may be necessary.
(g) NO OFFSET.—No Federal agency shall offset funds
made available pursuant to this Act for tribal justice sys-
tems against funds otherwise available for use in connection
with tribal justice systems.
(h) ALLOCATION OF FUNDS.—In allocating funds ap-
propriated pursuant to the authorization contained in sub-
section (a) of this section among the Bureau, Office, tribal
governments, and tribal judicial conferences, the Secretary
shall take such action as may be necessary to ensure that
such allocation is carried out in a manner that is fair and
equitable, and is proportionate to base support funding
under section 203 received by the Bureau, Office, tribal gov-
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ernments, and tribal government members comprising a ju-
dicial conference.
(i) INDIAN PRIORITY SYSTEM.—Funds appropriated
pursuant to the authorizations provided by this section and
available for a tribal justice system shall not be subject to
the Indian priority system. Nothing in this Act shall pre-
clude a tribal government from supplementing any funds
received under this Act with funds received from any other
source including the Bureau or any other Federal agency.
TITLE VI—DISCLAIMERS
SEC. 601. 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 court within
the tribal government or to enact and enforce 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
apportionment of authority within the tribal govern-
ment;
(4) alter in any way traditional dispute resolu-
tion forums;
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(5) imply that any tribal court is an instrumen-
tality of the United States; or
(6) diminish the trust responsibility of the
United States to Indian tribal governments and
tribal justice systems of such governments.
Attest:
Secretary.
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