H. R. 1268
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To assist the development of tribal judicial systems, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 relationship
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 sov-
ereignty of each tribal government;
(3) Congress, through statutes, treaties, and the exercise
of administrative authorities, has recognized the self-determina-
tion, self-reliance, and inherent sovereignty of Indian tribes;
(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 govern-
ments;
(6) Congress and the Federal courts have repeatedly recog-
nized tribal justice systems as the appropriate forums for the
adjudication of disputes affecting personal and property rights;
(7) traditional tribal justice practices are essential to the
maintenance of the culture and identity of Indian tribes and
to the goals of this Act;
(8) tribal justice systems are inadequately funded, and
the lack of adequate funding impairs their operation; and
(9) tribal government involvement in and commitment to
improving tribal justice systems is essential to the accomplish-
ment 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, includ-
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ing any Alaska Native entity, which administers justice under
its inherent authority 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, mag-
istrate, 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.
(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 (including
intertribal appellate courts), alternative dispute resolution sys-
tems, and circuit rider systems, established by inherent tribal
authority whether or not they constitute 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 development, operation, and enhance-
ment of tribal justice systems and Courts of Indian Offenses.
(b) TRANSFER OF EXISTING FUNCTIONS AND PERSONNEL.—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, reorganization
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.—In addition to the functions transferred to
the Office pursuant to subsection (b), the Office shall perform the
following functions:
(1) Provide funds to Indian tribes and tribal organizations
for the development, enhancement, and continuing operation
of tribal justice systems.
(2) Provide technical assistance and training, including pro-
grams 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 among tribal jus-
tice systems and the Federal and State judiciary systems.
(5) Oversee the continuing operations of the Courts of
Indian Offenses.
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(6) Provide funds to Indian tribes and tribal organizations
for the continuation and enhancement of traditional tribal
judicial practices.
(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 provide tech-
nical assistance and training to any Indian tribe or tribal organiza-
tion upon request. Technical assistance and training shall include
(but not be 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 tribal justice
systems.
(2) Technical assistance and training provided pursuant to para-
graph (1) may be provided through direct services, by contract
with independent entities, or through grants to Indian tribes or
tribal organizations.
(f) INFORMATION CLEARINGHOUSE
ON TRIBAL JUSTICE SYS-
TEMS.—The Office shall maintain an information clearinghouse
(which shall include an electronic data base) on tribal justice sys-
tems and Courts of Indian Offenses, including (but not limited
to) information on staffing, funding, model tribal codes, tribal justice
activities, and tribal judicial decisions. The Office shall take such
actions as may be necessary to ensure the confidentiality of records
and other matters involving privacy rights.
SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.
(a) IN GENERAL.—Not later than six months after the date
of the enactment of this Act, the Secretary, in consultation 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 determine the resources and funding,
including base support funding, needed to provide for expeditious
and effective administration of justice. The Secretary, in like man-
ner, shall annually update the information and findings contained
in the survey required under this section.
(b) LOCAL CONDITIONS.—In the course of any annual survey,
the non-Federal entity shall document local conditions 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 caseloads;
(4) the facilities, including detention facilities, and program
resources available;
(5) funding levels and personnel staffing requirements 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 organiza-
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tions in the development and conduct of the surveys, including
updates thereof, under this section. Indian tribes and tribal
organizations shall have the opportunity to review and make rec-
ommendations regarding the findings of the survey, including
updates thereof, prior to final publication of the survey or any
update 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 recommendations 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 Representatives.
SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.
(a) IN GENERAL.—Pursuant to the Indian Self-Determination
and Education Assistance Act, the Secretary is authorized (to the
extent provided in advance in appropriations Acts) to enter into
contracts, grants, or agreements with Indian tribes for the perform-
ance of any function of the Office and for the development, enhance-
ment, and continuing operation of tribal justice systems and
traditional tribal judicial practices by Indian 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 oper-
ation 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 maintenance of a
law library and computer assisted legal research 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 participation in
national and regional organizations of tribal justice systems
and other professional organizations; and
(9) the development and operation of other innovative and
culturally relevant programs and projects, including (but not
limited to) programs and projects for—
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investiga-
tions 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 promulgate by regulation, a
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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 that take into account unique geographic
and demographic conditions. In the assessment of these needs,
the Secretary shall work cooperatively with Indian tribes and tribal
organizations and shall refer to any data developed as a result
of the surveys conducted pursuant to section 102 and to relevant
assessment standards developed by the Judicial Conference of the
United States, the National Center for State Courts, the American
Bar Association, and appropriate State bar associations.
(3) Factors to be considered in the development of the base
support funding formula shall include, but are not limited to—
(A) the caseload and staffing needs identified under para-
graph (2);
(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 programs; and
(F) any special circumstances warranting additional finan-
cial assistance.
(4) In developing and administering the formula for base sup-
port funding for the tribal judicial systems under this section,
the Secretary shall ensure equitable distribution of funds.
SEC. 104. TRIBAL JUDICIAL CONFERENCES.
The Secretary is authorized to provide funds to tribal judicial
conferences, under section 101 of this Act, pursuant to contracts
entered into under the authority of the Indian Self-Determination
and Education Assistance Act for the development, enhancement,
and continuing operation of tribal justice systems of Indian tribes
which are members of such conference. Funds provided under this
section may be used for—
(1) the employment of judges, magistrates, court counselors,
court clerks, court administrators, bailiffs, probation officers,
officers of the court, or dispute resolution facilitators;
(2) the development, revision, and publication of tribal
codes, rules of practice, rules of procedure, and standards of
judicial performance and conduct;
(3) the acquisition, development, and maintenance of a
law library and computer assisted legal research capacities;
(4) training programs and continuing education for tribal
judicial personnel;
(5) the development and operation of records management
systems;
(6) planning for the development, enhancement, and oper-
ation of tribal justice systems; and
(7) the development and operation of other innovative and
culturally relevant programs and projects, including (but not
limited to) programs and projects for—
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investiga-
tions of child abuse; and
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(E) traditional tribal judicial practices, traditional jus-
tice systems, and traditional methods of dispute resolution.
TITLE II—AUTHORIZATIONS OF
APPROPRIATIONS
SEC. 201. TRIBAL JUSTICE SYSTEMS.
(a) OFFICE.—There is authorized to be appropriated to carry
out the provisions of sections 101 and 102 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 under this subsection may
be used for the administrative expenses of the Office.
(b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.—
There is authorized to be appropriated to carry out the provisions
of section 103 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 is author-
ized 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.
(d) ADMINISTRATIVE
EXPENSES
FOR
TRIBAL
JUDICIAL
CON-
FERENCES.—There is authorized to be appropriated, for the adminis-
trative 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 section 102,
there is authorized to be appropriated, in addition to the amount
authorized under subsection (a) of this section, $400,000.
(f) 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 preclude 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.
(g) ALLOCATION OF FUNDS.—In allocating funds appropriated
pursuant to the authorization contained in subsection (a) among
the Bureau, Office, tribal governments and Courts of Indian
Offenses, the Secretary shall take such actions as may be necessary
to ensure that such allocation is carried out in a manner that
is fair and equitable to all tribal governments and is proportionate
to base support funding under section 103 received by the Bureau,
Office, tribal governments, and Courts of Indian Offenses.
(h) NO OFFSET.—No Federal agency shall offset funds made
available pursuant to this Act for tribal justice systems against
other funds otherwise available for use in connection with tribal
justice systems.
TITLE III—DISCLAIMERS
SEC. 301. 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 government to determine
the role of the tribal justice system within the tribal government
or to enact and enforce tribal laws;
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(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 author-
ity within the tribal government;
(4) alter in any way any tribal traditional dispute resolution
forum;
(5) imply that any tribal justice system is an instrumental-
ity 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.