II
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
AUGUST 6 (legislative day, JUNE 30), 1993
Committee discharged
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;
(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
(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.
(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.
(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.
(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-
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
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-
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;
(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
(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);