IB
Union Calendar No. 116
103D CONGRESS
1ST SESSION
H. R. 1268
[Report No. 103–205]
To assist the development of tribal judicial systems, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 1993
Mr. RICHARDSON (for himself and Ms. ENGLISH of Arizona) introduced the
following bill; which was referred to the Committee on Natural Resources
AUGUST 2, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 9, 1993]
A BILL
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 relation-
ship 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 sovereignty of each tribal government;
(3) Congress, through statutes, treaties, and the
exercise of administrative authorities, has recognized
the self-determination, self-reliance, and inherent sov-
ereignty 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 governments;
(6) Congress and the Federal courts have repeat-
edly recognized tribal justice systems as the appro-
priate forums for the adjudication of disputes affect-
ing 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 sys-
tem.
(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 development,
operation, and enhancement of tribal justice systems and
Courts of Indian Offenses.
(b) TRANSFER OF EXISTING FUNCTIONS AND PERSON-
NEL.—All functions performed before the date of the enact-
ment 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 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 Office to
impose justice standards on Indian tribes.
(e) ASSISTANCE TO TRIBES.—(1) The Office shall pro-
vide technical assistance and training to any Indian tribe
or tribal organization 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 trib-
al 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, in-
cluding (but not limited to) information on staffing, fund-
ing, 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 sur-
vey of conditions of tribal justice systems and Courts of In-
dian Offenses to determine the resources and funding, in-
cluding base support funding, needed to provide for expedi-
tious and effective administration of justice. The Secretary,
in like manner, shall annually update the information and
findings contained in the survey required under this sec-
tion.
with the comments and recommendations of the Indian
tribes and tribal organizations, to the Secretary, the Com-
mittee on Indian Affairs of the Senate, and the Subcommit-
tee on Native American Affairs of the Committee on Natu-
ral Resources of the House of Representatives.
SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE
SYSTEMS.
(a) IN GENERAL.—Pursuant to the Indian Self-Deter-
mination and Education Assistance Act, the Secretary is
authorized (to the extent provided in advance in appropria-
tions Acts) to enter into contracts, grants, or agreements
with Indian tribes and tribal organizations for the perform-
ance of any function of the Office and for the development,
enhancement, and continuing operation of tribal justice sys-
tems 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 re-
search 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 partici-
pation in national and regional organizations of trib-
al justice systems and other professional organiza-
tions; and
(9) the development and operation of other inno-
vative 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,
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 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 asso-
ciations.
(3) Factors to be considered in the development of the
base support funding formula shall include, but are not lim-
ited to—
(A) the case load and staffing needs identified
under paragraph (2);
(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 pro-
vided under this subsection may be used for the administra-
tive 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 administrative ex-
penses 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 addition
to the amount authorized under subsection (a) of this sec-
tion, $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 subject to
the Indian priority system. Nothing in this Act shall pre-
clude 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 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.
(g) NO OFFSET.—No Federal agency shall offset funds
made available pursuant to this Act for tribal justice sys-
tems against other funds otherwise available for use in con-
nection 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 system
within the tribal government or to enact and enforce
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 govern-
ment;
(4) alter in any way any tribal traditional dis-
pute resolution forum;
(5) imply that any tribal justice system is an in-
strumentality 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.
HR 1268 RH——2