Indian Tribal Justice Technical and Legal Assistance Act of 2000
PL 106-559 (S.1508), enacted 12/21/2000

114 STAT. 2778 
PUBLIC LAW 106-559—DEC. 21, 2000 
Public Law 106-559 
106th Congress 
An Act 
Dec. 21, 2000 
[S. 1508] 
Indian Tribal 
Justice Technical 
and Legal 
Assistance Act of 
2000. 
25 u s e 3651 
note. 
25 u s e 3651. 
To provide technical and legal assistance to tribal justice systems and members 
of Indian tribes, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Indian Tribal Justice Technical 
and Legal Assistance Act of 2000". 
SEC. 2. FINDINGS. 
The Congress finds and declares that— 
(1) there is a govemment-to-govemment 
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 govern-
ments; 
(6) Congress and the Federal courts have repeatedly recog-
nized 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 assist-
ance 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 
PUBLIC LAW 106-559—DEC. 21, 2000 
114 STAT. 2779 
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. 
SEC. 3. PURPOSES. 
25USC3652. 
The purposes of this Act 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 appro-
priate, development of tribal court systems for the administra-
tion 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 assist-
ance 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 congressiongJ efforts such as the Indian 
TribalJustice Act (Public Law 103-176). 
SEC. 4, DEFINITIONS. 
25USC3653. 
For purposes of this Act: 
(1) ATTORNEY GENERAL.—^The term "Attorney General" 
means the Attorney Greneral of the United States. 
(2) INDIAN LANDS.—^The term "Indian lands" shall include 
lands within the definition of "Indian country", as defined in 
section 1151 of title 18, United States Code; or "Indian reserva-
tions", as defined in section 3(d) of the Indian Financing Act 
of 1974 (25 U.S.C. 1452(d)), or section 4(10) of the Indian 
Child Welfare Act (25 U.S.C 1903(10)). For purposes of the 
preceding sentence, such section 3(d) of the Indian Financing 
Act shall be applied by treating the term "former Indian res-
ervations 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 recog-
nized by such Secretary as eligible for trust land status under 
part 151 of title 25, Code of Federal Regulations (as in effect 
on the date of enactment of this sentence). 
(3) iNDLysr 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. 
(4) JUDICIAL PERSONNEL.—^The term "judicial personnel" 
means any judge, magistrate, court counselor, court clerk, court 
114 STAT. 2780 
PUBLIC LAW 106-559—DEC. 21, 2000 
administrator, bailiff, probation officer, officer of the court, dis-
pute resolution facilitator, or other official, employee, or volun-
teer within the tribal judicial system. 
(5) NON-PROFIT ENTITIES.—^The term "non-profit entity" or 
"non-profit entities" has the meaning given that term in section 
501(c)(3) of the Internal Revenue Code of 1986. 
(6) OFFICE OF TRIBAL JUSTICE.—The term "Office of Tribal 
Justice" means the Office of Tribal Justice in the United States 
Department of Justice. 
(7) 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 sys-
tems, and circuit rider systems, established by inherent tribunal 
authority whether or not they constitute a court of record. 
TITLE I—TRAINING AND TECHNICAL AS-
SISTANCE, 
CIVIL 
AND 
CRIMINAL 
LEGAL ASSISTANCE GRANTS 
25 use 3661. 
SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE 
GRANTS. 
Subject to the availability of appropriations, the Attorney Gen-
eral, in consultation with the Office of Tribal Justice, shall award 
grants to national or regional membership organizations and 
associations whose membership consists of 
judicial system personnel 
within tribal justice systems which submit an application to the 
Attorney General in such form and manner as the Attorney General 
may prescribe to provide training and technicEd assistance for the 
development, enrichment, enhancement of tribal justice systems, 
or other purposes consistent with this Act. 
25 use 3662. 
SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS. 
Subject to the availability of appropriations, the Attorney (Gen-
eral, in consultation with the Office of Tribal Justice, shall award 
grants to non-profit entities, as defined under section 501(c)(3) 
of the Internal Revenue Code of 1986, 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 to members of Indian tribes and tribal justice 
systems, and/or other purposes consistent with this Act. 
25 use 3663. 
SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS. 
Subject to the availability of appropriations, the Attorney Gen-
eral, in consultation with the Office of Tribal Justice, shall award 
grants to non-profit entities, as defined by section 501(c)(3) of the 
Internal Revenue Code of 1986, 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 criminal 
PUBLIC LAW 106-559—DEC. 21, 2000 
114 STAT. 2781 
legal assistance to members of Indian tribes and tribal justice 
systems, and/or other purposes consistent with this Act. Funding 
under this title 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 delin-
quency acts. 
SEC. 104. NO OFFSET. 
25 USC 3664. 
No Federal agency shall offset funds made available pursuant 
to this Act for Indian tribal court membership organizations or 
Indian legal services organizations against other funds otherwise 
available for use in connection with technical or legal assistance 
to tribal justice systems or members of Indian tribes. 
SEC. 105. TRIBAL AUTHORITY. 
25 USC 3665. 
Nothing in this Act shall be construed to— 
(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; 
(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 government; 
(4) alter in any way any tribal traditional dispute resolution 
fora; 
(5) imply that any tribal justice system is an instrumen-
tality 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. 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 3666. 
For purposes of carrying out the activities under this title, 
there are authorized to be appropriated such sums as are necessary 
for fiscal years 2000 through 2004. 
TITLE II—INDIAN TRIBAL COURTS 
SEC. 201. GRANTS. 
25 USC 3681. 
(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 oper-
ation 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. 
114 STAT. 2782 
PUBLIC LAW 106-559—DEC. 21, 2000 
(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 
title. 
(d) AUTHORIZATION OF APPROPRIATIONS.—For purposes of car-
rying out the activities under this section, there are authorized 
to be appropriated such sums as are necessary for fiscal years 
2000 through 2004. 
SEC. 202. TRIBAL JUSTICE SYSTEMS. 
Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) 
is amended— 
(1) in subsection (a), by striking "1994, 1995, 1996, 1997, 
1998, 
1999, and 2000" and inserting "2000 through 2007"; 
(2) in subsection (b), by striking "1994, 1995, 1996, 1997, 
1998, 
1999, and 2000" and inserting "2000 through 2007"; 
(3) in subsection (c), by striking "1994, 1995, 1996, 1997, 
1998, 
1999, and 2000" and inserting "2000 through 2007"; 
and 
(4) in subsection (d), by striking "1994, 1995, 1996, 1997, 
1998, 
1999, and 2000" and inserting "2000 through 2007". 
TITLE III—TECHNICAL AMENDMENTS 
TO ALASKA NATIVE CLAIMS SETTLE-
MENT ACT 
SEC. 301. ALASKA NATIVE VETERANS. 
Section 41 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1629g) is amended as follows: 
(1) Subsection (a)(3)(I)(4) is amended by striking "and Rein-
deer" and inserting "or". 
(2) Subsection (a)(4)(B) is amended by striking "; and" 
and inserting "; or". 
(3) Subsection (b)(l)(B)(i) is amended by striking "June 
2, 1971" and inserting "December 31, 1971". 
(4) Subsection (b)(2) is amended by striking the matter 
preceding subparagraph (A) and inserting the following: 
"(2) The personal representative or special administrator, 
appointed in an Alaska State court proceeding of the estate of 
a decedent who was eligible under subsection (b)(1)(A) may, for 
the benefit of the heirs, select an allotment if the decedent was 
a veteran who served in South East Asia at any time during 
the period beginning August 5, 1964, and ending December 31, 
1971, and during that period the decedent—". 
SEC. 302. LEVIES ON SETTLEMENT TRUST INTERESTS. 
Section 39(c) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1629e(c)) is amended by adding at the end the following 
new paragraph: 
"(8) A beneficiary's interest in a settlement trust and the dis-
tributions thereon shall be subject to creditor action (including 
without limitation, levy attachment, pledge, lien, judgment execu-
tion, assignment, and the insolvency and bankruptcy laws) only 
PUBLIC LAW 106-559—DEC. 21, 2000 
114 STAT. 2783 
to the extent that Settlement Common Stock and the distributions 
thereon are subject to such creditor action under section 7(h) of 
this Act.". 
TITLE IV—NATIONAL LEADERSHIP SYM-
POSIUM 
FOR 
AMERICAN 
INDIAN, 
ALASKAN NATIVE, AND NATIVE HA-
WAIIAN YOUTH 
SEC. 401. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM 
FOR AMERICAN INDIAN, ALASKAN NATIVE, AND NATIVE 
HAWAIIAN YOUTH. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary of Education for the Washington Workshops Founda-
tion $2,200,000 for administration of a national leadership sympo-
sium for American Indian, Alaskan Native, and Native Hawaiian 
youth on the traditions and values of American democracy. 
(b) CONTENT OF SYMPOSIUM.—^The sjnnposium administered 
under subsection (a) shall— 
(1) be comprised of youth seminar programs which study 
the workings and practices of American national government 
in Washington, DC, to be held in conjunction with the opening 
of the Smithsonian National Museum of the American Indian; 
and 
(2) envision the participation and enhancement of American 
Indian, Alaskan Native, and Native Hawaiian youth in the 
American political process by interfacing in the first-hand oper-
ations of the United States Government. 
Approved December 21, 2000. 
LEGISLATIVE HISTORY—S. 1508: 
HOUSE REPORTS: No. 106-819, Pt. 1 (Comm. on Resources). 
SENATE REPORTS: No. 106-219 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Nov. 19, considered and passed Senate. 
Vol. 146 (2000): Oct. 23, considered and passed House, amended. 
Dec. 11, Senate concurred in House amendment. 
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