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(5) Oversee the continuing operations of the
Courts of Indian Offenses.
(6) Provide funds to Indian tribes and tribal or-
ganizations 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 Of-
fice to impose justice standards on Indian tribes.
(e) ASSISTANCE TO TRIBES.—(1) The Office shall
provide technical assistance and training to any Indian
tribe or tribal organization upon request. Technical assist-
ance and training shall include (but not be limited to) as-
sistance 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 pursu-
ant to paragraph (1) may be provided through direct serv-
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ices, by contract with independent entities, or through
grants to Indian tribes or tribal organizations.
(f) INFORMATION CLEARINGHOUSE ON TRIBAL JUS-
TICE SYSTEMS.—The Office shall maintain an information
clearinghouse (which shall include an electronic data base)
on tribal justice systems 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 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 fund-
ing, including base support funding, needed to provide for
expeditious and effective administration of justice. The
Secretary, in like manner, shall annually update the infor-
mation and findings contained in the survey required
under this section.
(b) LOCAL CONDITIONS.—In the course of any an-
nual survey, the non-Federal entity shall document local
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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 case loads;
(4) the facilities, including detention facilities,
and program resources available;
(5) funding levels and personnel staffing re-
quirements 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 surveys, including updates thereof, under this sec-
tion. Indian tribes and tribal organizations shall have the
opportunity to review and make recommendations regard-
ing 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 recommenda-
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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 Rep-
resentatives.
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
performance of any function of the Office and for the de-
velopment, enhancement, and continuing operation of trib-
al 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 operation of tribal justice systems;
(2) the employment of judicial personnel;
(3) training programs and continuing education
for tribal judicial personnel;
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(4) the acquisition, development, and mainte-
nance 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 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 (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
investigations of child abuse; and
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(E) traditional tribal judicial practices, tra-
ditional 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 case load and staffing
needs for tribal justice systems that take into account
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 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 case load and staffing needs identified
under paragraph (2);