(B) the geographic area and population to be
served;
(C) the volume and complexity of the case
loads;
(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 and administering the formula for
base support funding for the tribal judicial systems under
this section, the Secretary shall ensure equitable distribu-
tion of funds.
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 admin-
istrative 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 authorized to be appropriated, for the administra-
tive expenses of the Office, $500,000 for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.
(d) SURVEY.—For carrying out the survey under sec-
tion 102, there is authorized to be appropriated, in addi-
tion to the amount authorized under subsection (a) of this
section, $400,000.
(e) INDIAN PRIORITY SYSTEM.—Funds appropriated
pursuant to the authorizations provided by this section
and available for a tribal justice system shall not be sub-
ject 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.
(f) ALLOCATION OF FUNDS.—In allocating funds ap-
propriated pursuant to the authorization contained in sub-
section (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 allo-
cation is carried out in a manner that is fair and equitable
to all tribal governments and is proportionate to base sup-
port funding under section 103 received by the Bureau,
Office, tribal governments, and Courts of Indian Offenses.
(g) 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 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 forum;
(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.
Passed the House of Representatives August 2,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.