Indian Tribal Justice Act
PL 103-176 (H.R.1268), enacted 12/03/1993

107 STAT. 2004 
PUBLIC LAW 103-176—DEC. 3, 1993 
Public Law 103-176 
103d Congress 
An Act 
Dec. 3, 1993 
[H.R. 1268] 
To assist the development of tribal judicial systems, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Indian Tribal 
the United States of 
America in Congress assembled. 
Justice Act. 
25 u s e 3601 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Indian Tribal Justice Act". 
25 u s e 3601. 
SEC. 2. FINDINGS. 
The Congress finds and declares that— 
(1) there is a govemment-to-govemment 
relationship 
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 sov-
ereignty of each tribal government; 
(3) Congress, through statutes, treaties, and the exerdse 
of administrative authorities, has recognized the self-determina-
tion, self-reliance, and inherent sovereignty of Indian tribes; 
(4) Indian tribes possess the inherent authority to establish 
their own form of government, including tribal iustice systems; 
(5) tribal justice systems are an essential part of tribal 
governments and serve as important forums for ensuring public 
health and ssifety and the political integrity of tribal govern-
ments; 
(6) Congress and the Federal courts have repeatedly recog-
nized tribal justice systems as the appropriate forums for the 
abjudication of disputes affecting personal and property rights; 
(7) traditional tribal justice practices are essential to the 
maintenance of the culture and identity of Indian tribes and 
to the goals of this Act; 
(8) tribal justice systems are inadequately funded, and 
the lack of adequate funding impairs their operation; and 
(9) tribal government involvement in and commitment to 
improving tribal justice systems is essential to the accomplish-
ment of the goals of this Act. 
25 use 3602. 
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) Tne 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, includ-
PUBLIC LAW 103-176—DEC. 3, 1993 
^ 
107 STAT. 2005 
ing any Alaska Native entity, which administers jiistice 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. 
(4) The term "judicial personnel" means any judge, mag-
istrate, court counselor, court clerk, court administrator, bailin, 
probation officer, officer of the court, dispute resolution 
facilitator, or other official, employee, or volimteer 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(1) of the Indian Self-Determination and 
Ekiucation 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) traditional 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 inherent tribal 
authority whether or not they constitute a court of record. 
TITLE I—TRIBAL JUSTICE SYSTEMS 
SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT. 
25 U
S
C 3611. 
(a) ESTABUSHMENT.—^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 enhance-
ment of tribal justice systems and Courts of Indian Offenses. 
(b) TRANSFER OF EXISTING FUNCTIONS AND PERSONNEL.—All 
functions performed bcifore 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 TWbal Justice Support. 
Any reference in any law, regulation, executive order, reorganization 
plan, or delegation of authority to the Branch of Judicim Services 
IS deemed to be a reference to the Office of Tribal Justice Support. 
(c) FUNCTIONS.—^In addition to the functions transferred to 
the Office pursuant to subsection (b), the Office shall perform the 
following functions: 
(1) Provide funds to Indian tribes and tribal organizations 
for the development, enhancement, and continmng operation 
of tribal justice systems. 
(2) Provide technical assistance and training, including pro-
grams of continuing education and training for personnel of 
ourts of Indian Offenses. 
(3) Study and conduct research concerning the operation 
of tribal justice systems. 
(4) Promote cooperation and coordination among tribal jus-
tice systems and the Federal and State judiciary systems. 
(5) Oversee the continuing operations of the Courts of 
Indian Offenses. 
107 STAT. 2006 
PUBLIC LAW 103-176—DEC. 3, 1993 
Confidential 
information. 
25 use 3612. 
Contracts. 
(6) Provide funds to Indian tribes and tribal organizations 
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 
stcmdards on Indian tribes. 
(e) ASSISTANCE TO TRIBES.—(1) The Office shall provide tech-
nical assistance and training to any Indian tribe or tribal organiza-
tion upon request. Technical assistance and training shall include 
(but not be limited to) assistance for the development o
f
— 
:,. 
(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 pursuant to para-
graph (1) may be provided through direct services, by contract 
with independent entities, or through grants to Indian tribes or 
tribal organizations. 
(f) INFORMATION CLEARINGHOUSE ON TRIBAL JUSTICE SYS-
TEMS.—^The Office shall maintain an information clearinghouse 
(which shall include an electronic data base) on tribal justice sys-
tems 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, 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 Secretaiy, in like man-
ner, 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; ana 
(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 organiza-
PUBLIC LAW 103-176—DEC. 3, 1993 
107 STAT. 2007 
tions in the development and conduct of the surveys, including 
updates thereof, under this section. Indian tribes and tribsu 
organizations shall have the opportunity to review and make rec-
ommendations 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 Reports. 
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 
tru)es and tribal organizations, to the Secretary, the Committee 
on Indian Affairs of the Senate, and the Subcommittee on Native 
American AfiTairs of the Committee on Natural Resources of the 
House of Representatives. 
SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS. 
25 USC 3613. 
(a) IN GENERAL.—Pursuant to the Indian Self-Determination 
and Education Assistence Act, the Secretory is authorized (to the 
extent provided in advance in appropriations Acts) to enter into 
contracts, grants, or agi'eements with Indian tribes for the perform-
ance of any fiuiction of the Office and for the development, enhance-
ment, and continuing operation of tribal justice systems and 
traditional tribal judicial practices by Indian tribal governments. 
(b) 
PURPOSES FOR WHICH FINANCIAL ASSISTANCE MAY BE 
USED.—^Financial assistence provided through contracts, grants, or 
agreemente entered into pursuant to this section may be used 
for— 
(1) planning for the development, enhancement, and oper-
ation 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 maintenance 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 stendards 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 participation in 
national and regional organizations of tribal justice systems 
and other professional organizations; and 
(9) 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 assistence or victims services; 
(C) tribal probation services or diversion programs; 
(D) juvenile services and multidisciplinary investiga-
tions 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 Regulations. 
the enactment of this Act, the Secretary, with the full participation 
of Indian tribes, shall esteblish and promulgate by regulation, a 
107 STAT. 2008 
PUBLIC LAW 103-176—DEC. 3, 1993 
formula which establishes base support funding for tribal justice 
systems in carrying out this section. 
(2) The Secretary shall assess caseload and staffing needs for 
tribal justice systems that take into account unique geographic 
and demograplnc conditions. In the assessment of these needs, 
the Secret£U7 shall work cooperatively with Indian tribes and tribal 
organizations and shall refer to any data developed as a residt 
of the surveys conducted pursuant to section 102 and to relevant 
assessment standards developed by the Judicial Conference of tlie 
United States, the National Center for State Courts, the American 
Bar Association, and appropriate Stete 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 caseload and staffing needs identified under para-
graph (2); 
(B) the geographic area and population to be served; 
(C) the volume and complexity of the caseloads; 
(D) the projected nimiber of cases per month; 
(E) the projected number of persons receiving probation 
services or participating in diversion programs; and 
(F) any special circumstances warranting additional finan-
cial assistance. 
(4) In developing and administering the formula for base sup-
port funding for the tribal judicial systems under this section, 
the Secretary shall ensure equiteble distribution of funds. 
25 use 3614. 
SEC. 104. TRIBAL JUDICIAL CONFERENCES. 
The Secretary is authorized to provide funds to tribal judicial 
conferences, under section 101 of this Act, pursuant to contracts 
entered into imder the authority of the Indian Self-Determination 
and Education Assistonce Act for the development, enhancement, 
and continuing operation of tribal justice systems of Indian tribes 
which are members of such conference. Fimds 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 
tilie 
court, or dispute resolution facilitetors; 
(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 oper-
ation 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 assistonce or victims services; 
; 
(C) tribal probation services or diversion programs; 
(D) juvenile services and multidisciplinary investiga-
tions of child abuse; and 
PUBLIC LAW 103-176—DEC. 3, 1993 
107 STAT. 2009 
(E) traditional tribal judicial practices, traditional jus-
tice systems, and traditional methods of dispute resolution. 
TITLE II—AUTHORIZATIONS OF 
APPROPRIATIONS 
SEC. 201. TRIBAL JUSTICE SYSTEMS. 
25 USC 3621. 
(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 administrative expenses of the Ofiice. 
(b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.— 
There is authorized to be appropriated to cany 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 author-
ized to be appropriated, for the administrative expenses of the 
Office, $500,000 for each of the fiscal years 1994, 1995, 1996, 
1997,1998,1999, and 2000. 
(d) 
ADMINISTRATIVE EXPENSES FOR TRIBAL JUDICIAL CON-
FERENCES.—^There is authorized to be appropriated, for the adminis-
trative expenses of tribal judicial conferences, $500,000 for each 
of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. 
(e) SURVEY.—For carrying out the survey under section 102, 
there is authorized to he appropriated, in addition to the amount 
authorized under subsection (a) of this section, $400,000. 
(0 INDIAN PRIORITY SYSTEM.—Fimds 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 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. 
(g) ALLOCATION OF FUNDS.—In allocating funds appropriated 
pursuant to the authorization contained in subsection (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. 
(h) 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. 
25 USC 3631. 
Nothing in this Act shall be construed t o ^ 
(1) encroach upon or diminish in any way the inherent 
sovereign authority of each tribal government to determine 
the role of the tribal justice system within the tribal government 
or to enact and enforce tribal laws; 
107 STAT. 2010 
PUBLIC LAW 103-176—DEC. 3, 1993 
(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 author-
ity within the tribal government; 
(4) alter in any way any tribal traditional dispute resolution 
forum; 
(5) imply that any tribal justice system is an instrumental-
ity of the United States; or 
(6) diminish the trust responsibility of the United States 
to Indian tribal governments and tribal justice systems of such 
governments. 
Approved December 3, 1993. 
LEGISLATIVE HISTORY—H.R. 1268 (S. 521): 
HOUSE REPORTS: Nos. 103-205 (Comm. on Natural Resources) and 103-383 
(Comm. of Conference). 
SENATE REPORTS: No. 103-88 accompanying S. 521 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
July 21, S. 521 considered and passed Senate. 
Aug. 2, H.R. 1268 considered and passed House. 
Aug. 6, considered and passed Senate, amended. 
Nov. 19, House and Senate agreed to conference report.