dreamproit/uscode huggingface dataset:
25 U.S.C. § 3612 (INDIANS)
§ 3612. Survey of tribal judicial systems
(a) In general
Not later than six months after December 3, 1993, the Secretary, in consultation with Indian tribes, 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 funding, including base support funding, needed to provide for expeditious and effective administration of justice. The Secretary, in like manner, shall annually update the information and findings contained in the survey required under this section.
(b) Local conditions
In the course of any annual 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 caseloads;
(4) the facilities, including detention facilities, and program resources available;
(5) funding levels and personnel staffing requirements 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 section. Indian tribes and tribal organizations shall have the opportunity to review and make recommendations regarding 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 recommendations 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 Representatives.
(Pub. L. 103–176, title I, § 102, Dec. 3, 1993, 107 Stat. 2006.)
heading: Editorial Notes
heading: Change of Name
text: Subcommittee on Native American Affairs changed to Subcommittee on Native American and Insular Affairs.
25 U.S.C. § 3614 (INDIANS)
§ 3614. Tribal judicial conferences
The Secretary is authorized to provide funds to tribal judicial conferences, under section 3611 of this title, pursuant to contracts entered into under the authority of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] for the development, enhancement, and continuing operation of tribal justice systems of Indian tribes which are members of such conference. Funds provided under this section may be used for—
(1) the employment of judges, magistrates, court counselors, court clerks, court administrators, bailiffs, probation officers, officers of the court, or dispute resolution facilitators;
(2) the development, revision, and publication of tribal codes, rules of practice, rules of procedure, and standards of judicial performance and conduct;
(3) the acquisition, development, and maintenance of a law library and computer assisted legal research capacities;
(4) training programs and continuing education for tribal judicial personnel;
(5) the development and operation of records management systems;
(6) planning for the development, enhancement, and operation of tribal justice systems; and
(7) the development and operation of other innovative 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 justice systems, and traditional methods of dispute resolution.
(Pub. L. 103–176, title I, § 104, Dec. 3, 1993, 107 Stat. 2008.)
heading: Editorial Notes
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 3651 (INDIANS)
§ 3651. Findings
The Congress finds and declares that—
(1) there is a government-to-government relationship between the United States and Indian tribes;
(2) Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands;
(3) the rate of violent crime committed in Indian country is approximately twice the rate of violent crime committed in the United States as a whole;
(4) in any community, a high rate of violent crime is a major obstacle to investment, job creation and economic growth;
(5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring the health and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the most appropriate forums for the adjudication of disputes affecting personal and property rights on Native lands;
(7) enhancing tribal court systems and improving access to those systems serves the dual Federal goals of tribal political self-determination and economic self-sufficiency;
(8) there is both inadequate funding and an inadequate coordinating mechanism to meet the technical and legal assistance needs of tribal justice systems and this lack of adequate technical and legal assistance funding impairs their operation;
(9) tribal court membership organizations have served a critical role in providing training and technical assistance for development and enhancement of tribal justice systems;
(10) Indian legal services programs, as funded partially through the Legal Services Corporation, have an established record of providing cost effective legal assistance to Indian people in tribal court forums, and also contribute significantly to the development of tribal courts and tribal jurisprudence; and
(11) the provision of adequate technical assistance to tribal courts and legal assistance to both individuals and tribal courts is an essential element in the development of strong tribal court systems.
(Pub. L. 106–559, § 2, Dec. 21, 2000, 114 Stat. 2778.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 106–559, § 1, Dec. 21, 2000, 114 Stat. 2778, provided that: “This Act [enacting this chapter and amending section 3621 of this title and sections 1629e and 1629g of Title 43, Public Lands] may be cited as the ‘Indian Tribal Justice Technical and Legal Assistance Act of 2000’.”
heading: Availability of Funds for Courts or Law Enforcement Officers of Certain Tribes or Villages
text: Pub. L. 108–199, div. B, title I, § 112(a)(1), Jan. 23, 2004, 118 Stat. 62, which prohibited use of funds provided in div. B of Pub. L. 108–199 or on or after Jan. 23, 2004, for courts or law enforcement officers for a tribe or village in which fewer than 25 Native members live in the village year round or that is located within certain areas, was repealed by Pub. L. 111–211, title II, § 247(e)(1), July 29, 2010, 124 Stat. 2297.
25 U.S.C. § 3652 (INDIANS)
§ 3652. Purposes
The purposes of this chapter are as follows:
(1) to carry out the responsibility of the United States to Indian tribes and members of Indian tribes by ensuring access to quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court systems that address civil and criminal causes of action under the jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of Indian tribes through the enhancement and, where appropriate, development of tribal court systems for the administration of justice in Indian country by providing technical and legal assistance services.
(4) To encourage collaborative efforts between national or regional membership organizations and associations whose membership consists of judicial system personnel within tribal justice systems; non-profit entities which provide legal assistance services for Indian tribes, members of Indian tribes, and/or tribal justice systems.
(5) To assist in the development of tribal judicial systems by supplementing prior congressional efforts such as the Indian Tribal Justice Act [25 U.S.C. 3601 et seq.] (Public Law 103–176).
(Pub. L. 106–559, § 3, Dec. 21, 2000, 114 Stat. 2779.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–559, Dec. 21, 2000, 114 Stat. 2778, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3651 of this title and Tables.
The Indian Tribal Justice Act, referred to in par. (5), is Pub. L. 103–176, Dec. 3, 1993, 107 Stat. 2004, as amended, which is classified generally to chapter 38 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.
25 U.S.C. § 3653 (INDIANS)
§ 3653. Definitions
For purposes of this chapter:
(1) Attorney General
The term “Attorney General” means the Attorney General of the United States.
(2) Director
The term “Director” means the Director of the Office of Tribal Justice.
(3) Indian lands
The term “Indian lands” shall include lands within the definition of “Indian country”, as defined in section 1151 of title 18; or “Indian reservations”, as defined in section 1452(d) of this title, or section 1903(10) of this title. For purposes of the preceding sentence, such section 1452(d) of this title shall be applied by treating the term “former Indian reservations in Oklahoma” as including only lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on December 21, 2000).
(4) Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community which administers justice or plans to administer justice under its inherent authority 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.
(5) Judicial personnel
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 judicial system.
(6) Non-profit entities
The term “non-profit entity” or “non-profit entities” has the meaning given that term in section 501(c)(3) of title 26.
(7) Office of Tribal Justice
The term “Office of Tribal Justice” means the Office of Tribal Justice in the United States Department of Justice.
(8) Tribal justice system
The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
(Pub. L. 106–559, § 4, Dec. 21, 2000, 114 Stat. 2779; Pub. L. 111–211, title II, § 214(a)(1), July 29, 2010, 124 Stat. 2270.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pars. (2) to (8). Pub. L. 111–211 added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.
25 U.S.C. § 3662 (INDIANS)
§ 3662. Tribal civil legal assistance grants
Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to non-profit entities, as defined under section 501(c)(3) of title 26, which provide legal assistance services for Indian tribes, members of Indian tribes, or tribal justice systems pursuant to Federal poverty guidelines that submit an application to the Attorney General in such form and manner as the Attorney General may prescribe for the provision of civil legal assistance (including guardians ad litem and court-appointed special advocates for children and juveniles) to members of Indian tribes and tribal justice systems, and/or other purposes consistent with this chapter.
(Pub. L. 106–559, title I, § 102, Dec. 21, 2000, 114 Stat. 2780; Pub. L. 111–211, title II, § 242(b)(1), July 29, 2010, 124 Stat. 2292.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–211 inserted “(including guardians ad litem and court-appointed special advocates for children and juveniles)” after “civil legal assistance”.
25 U.S.C. § 3663 (INDIANS)
§ 3663. Tribal criminal assistance grants
Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to non-profit entities, as defined by section 501(c)(3) of title 26, which provide legal assistance services for Indian tribes, members of Indian tribes, or tribal justice systems pursuant to Federal poverty guidelines that submit an application to the Attorney General in such form and manner as the Attorney General may prescribe for the provision of defense counsel services to all defendants in tribal court criminal proceedings and prosecution and judicial services for tribal courts, and/or other purposes consistent with this chapter. Funding under this subchapter may apply to programs, procedures, or proceedings involving adult criminal actions, juvenile delinquency actions, and/or guardian-ad-litem appointments arising out of criminal or delinquency acts.
(Pub. L. 106–559, title I, § 103, Dec. 21, 2000, 114 Stat. 2780; Pub. L. 111–211, title II, § 242(b)(2), July 29, 2010, 124 Stat. 2292.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–211 substituted “defense counsel services to all defendants in tribal court criminal proceedings and prosecution and judicial services for tribal courts” for “criminal legal assistance to members of Indian tribes and tribal justice systems”.
25 U.S.C. § 3665a (INDIANS)
§ 3665a. Office of Tribal Justice
(a) In general
Not later than 90 days after July 29, 2010, the Attorney General shall establish the Office of Tribal Justice as a component of the Department.
(b) Personnel and funding
The Attorney General shall provide to the Office of Tribal Justice such personnel and funds as are necessary to establish the Office of Tribal Justice as a component of the Department under subsection (a).
(c) Duties
The Office of Tribal Justice shall—
(1) serve as the program and legal policy advisor to the Attorney General with respect to the treaty and trust relationship between the United States and Indian tribes;
(2) serve as the point of contact for federally recognized tribal governments and tribal organizations with respect to questions and comments regarding policies and programs of the Department and issues relating to public safety and justice in Indian country; and
(3) coordinate with other bureaus, agencies, offices, and divisions within the Department of Justice to ensure that each component has an accountable process to ensure meaningful and timely consultation with tribal leaders in the development of regulatory policies and other actions that affect—
(A) the trust responsibility of the United States to Indian tribes;
(B) any tribal treaty provision;
(C) the status of Indian tribes as sovereign governments; or
(D) any other tribal interest.
(Pub. L. 106–559, title I, § 106, as added Pub. L. 111–211, title II, § 214(a)(2)(B), July 29, 2010, 124 Stat. 2270.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 106 of Pub. L. 106–559 was renumbered section 107 and is classified to section 3666 of this title.
25 U.S.C. § 3666 (INDIANS)
§ 3666. Authorization of appropriations
For purposes of carrying out the activities under this subchapter, there are authorized to be appropriated such sums as are necessary for fiscal years 2011 through 2015.
(Pub. L. 106–559, title I, § 107, formerly § 106, Dec. 21, 2000, 114 Stat. 2781; renumbered § 107 and amended Pub. L. 111–211, title II, §§ 214(a)(2)(A), 242(b)(3)(A), July 29, 2010, 124 Stat. 2270, 2292.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–211, § 242(b)(3)(A), substituted “2011 through 2015” for “2000 through 2004”.
25 U.S.C. § 3681 (INDIANS)
§ 3681. Grants
(a) In general
The Attorney General may award grants and provide technical assistance to Indian tribes to enable such tribes to carry out programs to support—
(1) the development, enhancement, and continuing operation of tribal justice systems; and
(2) the development and implementation of—
(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate systems;
(C) tribal probation services, diversion programs, and alternative sentencing provisions;
(D) tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and
(E) traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution.
(b) Consultation
In carrying out this section, the Attorney General may consult with the Office of Tribal Justice and any other appropriate tribal or Federal officials.
(c) Regulations
The Attorney General may promulgate such regulations and guidelines as may be necessary to carry out this subchapter.
(d) Authorization of appropriations
For purposes of carrying out the activities under this section, there are authorized to be appropriated such sums as are necessary for fiscal years 2011 through 2015.
(Pub. L. 106–559, title II, § 201, Dec. 21, 2000, 114 Stat. 2781; Pub. L. 111–211, title II, § 242(b)(3)(B), July 29, 2010, 124 Stat. 2292.)
heading: Editorial Notes
heading: Amendments
text: 2010—Subsec. (d). Pub. L. 111–211 substituted “2011 through 2015” for “2000 through 2004”.
25 U.S.C. § 3701 (INDIANS)
§ 3701. Findings
The Congress finds and declares that—
(1) the United States and Indian tribes have a government to government relationship;
(2) the United States has a trust responsibility to protect, conserve, utilize, and manage Indian agricultural lands consistent with its fiduciary obligation and its unique relationship with Indian tribes;
(3) Indian agricultural lands are renewable and manageable natural resources which are vital to the economic, social, and cultural welfare of many Indian tribes and their members; and
(4) development and management of Indian agricultural lands in accordance with integrated resource management plans will ensure proper management of Indian agricultural lands and will produce increased economic returns, enhance Indian self-determination, promote employment opportunities, and improve the social and economic well-being of Indian and surrounding communities.
(Pub. L. 103–177, § 2, Dec. 3, 1993, 107 Stat. 2011.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–177, § 1, Dec. 3, 1993, 107 Stat. 2011, provided that: “This Act [enacting this chapter] may be cited as the ‘American Indian Agricultural Resource Management Act’.”
25 U.S.C. § 3714 (INDIANS)
§ 3714. Assessment of Indian agricultural management programs
(a) Assessment
Within six months after December 3, 1993, the Secretary, in consultation with affected Indian tribes, shall enter into a contract with a non-Federal entity knowledgeable in agricultural management on Federal and private lands to conduct an independent assessment of Indian agricultural land management and practices. Such assessment shall be national in scope and shall include a comparative analysis of Federal investment and management efforts for Indian trust and restricted agricultural lands as compared to federally-owned lands managed by other Federal agencies or instrumentalities and as compared to federally-served private lands.
(b) Purposes
The purposes of the assessment shall be—
(1) to establish a comprehensive assessment of the improvement, funding, and development needs for all Indian agricultural lands;
(2) to establish a comparison of management and funding provided to comparable lands owned or managed by the Federal Government through Federal agencies other than the Bureau; and
(3) to identify any obstacles to Indian access to Federal or private programs relating to agriculture or related rural development programs generally available to the public at large.
(c) Implementation
Within one year after December 3, 1993, the Secretary shall provide the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate with a status report on the development of the comparative analysis required by this section and shall file a final report with the Congress not later than 18 months after December 3, 1993.
(Pub. L. 103–177, title I, § 104, Dec. 3, 1993, 107 Stat. 2016.)
heading: Editorial Notes
heading: Change of Name
text: Subcommittee on Native American Affairs changed to Subcommittee on Native American and Insular Affairs.
25 U.S.C. § 3801 (INDIANS)
§ 3801. Findings
The Congress finds that—
(1) the Secretary of the Interior has identified 53 dams on Indian lands that present a threat to human life in the event of a failure;
(2) because of inadequate attention in the past to problems stemming from structural deficiencies and regular maintenance requirements for dams operated by the Bureau of Indian Affairs, unsafe Bureau dams continue to pose an imminent threat to people and property;
(3) many Bureau dams have maintenance deficiencies regardless of their current safety condition classification and the deficiencies must be corrected to avoid future threats to human life and property;
(4) safe working dams on Indian lands are necessary to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats; and
(5) it is necessary to institute a regular dam maintenance and repair program, utilizing the expertise in the Bureau, Indian tribes, and other Federal agencies.
(Pub. L. 103–302, § 2, Aug. 23, 1994, 108 Stat. 1560.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–302, § 1, Aug. 23, 1994, 108 Stat. 1560, provided that: “This Act [enacting this chapter] may be cited as the ‘Indian Dams Safety Act of 1994’.”