IIA
103D CONGRESS
1ST SESSION
H. R. 1268
IN THE SENATE OF THE UNITED STATES
AUGUST 3 (legislative day, JUNE 30), 1993
Received; read twice and referred to the Committee on Indian Affairs
AN ACT
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;
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(2) the United States has a trust responsibility
to each tribal government that includes the protec-
tion of the sovereignty of each tribal government;
(3) 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;
(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 politi-
cal integrity of tribal governments;
(6) Congress and the Federal courts have re-
peatedly recognized tribal justice systems as the ap-
propriate forums for the adjudication of disputes af-
fecting personal and property rights;
(7) traditional tribal justice practices are essen-
tial to the maintenance of the culture and identity
of Indian tribes and to the goals of this Act;
(8) tribal justice systems are inadequately fund-
ed, and the lack of adequate funding impairs their
operation; and
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(9) 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
system.
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(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) tradi-
tional 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 inher-
ent 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 develop-
ment, operation, and enhancement of tribal justice sys-
tems and Courts of Indian Offenses.
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(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.—In addition to the functions trans-
ferred to the Office pursuant to subsection (b), the Office
shall perform the following functions:
(1) Provide funds to Indian tribes and tribal or-
ganizations for the development, enhancement, and
continuing operation of tribal justice systems.
(2) Provide technical assistance and training,
including programs 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 justice systems and the Federal and
State judiciary systems.