113 S1474 RS: Alaska Safe Families and Villages Act of 2013 U.S. Senate 2013-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Short title

This Act may be cited as the

Alaska Safe Families and Villages Act of 2013

Findings and purposes

(a)

Findings

Congress finds that—(1)residents of remote Alaska villages suffer disproportionately from crimes and civil disturbances rooted in alcohol abuse, illicit drug use, suicide, and domestic violence;(2)the alcohol-related suicide rate in remote Alaska villages is 6 times the average in the United States and the alcohol-related mortality rate is 3.5 times that of the general population of the United States;(3)Alaska Native women suffer the highest rate of forcible sexual assault in the United States and an Alaska Native woman is sexually assaulted every 18 hours;(4)according to the Alaska Native Tribal Health Consortium, one in two Alaska Native women experience physical or sexual violence;(5)according to the 2006 Initial Report and Recommendations of the Alaska Rural Justice and Law Enforcement Commission, more than 95 percent of all crimes committed in rural Alaska can be attributed to alcohol abuse;(6)the cost of drug and alcohol abuse in Alaska is estimated at $525,000,000 per year;(7)there are more than 200 remote villages in Alaska, which are ancestral homelands to Indian tribes and geographically isolated by rivers, oceans, and mountains making most of those villages accessible only by air;(8)small size and remoteness, lack of connection to a road system, and extreme weather conditions often prevent or delay travel, including that of law enforcement personnel, into remote villages, resulting in challenging law enforcement conditions;(9)less than 1/2 of remote Alaska villages are served by trained State law enforcement entities and several Indian tribes provide peace officers or tribal police without adequate training or equipment;(10)the lack of effective law enforcement entities in remote Alaska villages contributes significantly to increased crime, alcohol abuse, drug abuse, domestic violence, rates of suicide, poor educational achievement, and lack of economic development;(11)Indian tribes that operate within remote Alaska villages should be empowered to participate in local culturally relevant solutions to effectively provide law enforcement entities in villages and access to swift judicial proceedings;(12)increasing capacities of local law enforcement entities to achieve increased tribal involvement in State law enforcement in remote villages will promote a stronger link between the State and village residents, encourage community involvement, and create greater local accountability with respect to violence and substance abuse; and(13)the United States has a trust responsibility to Indian tribes in the State.(b)

Purposes

The purposes of this Act are—(1)to improve the delivery of justice in Alaska Native villages by encouraging the State and Indian tribes to enter into intergovernmental agreements relating to the enforcement and adjudication of State laws relating to drug and alcohol offenses; and(2)to enhance coordination and communication among Federal, State, tribal, and local law enforcement agencies.

Definitions

In this Act:(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 tribe

The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).(4)

Participating Indian tribe

The term participating Indian tribe means an Indian tribe selected by the Director to participate in the program.(5)

Program

The term program means the Alaska Safe Families and Villages Self Governance Program established under this Act.(6)

State

The term State means the State of Alaska.(7)

Tribal court

The term tribal court means any court, council, or a mechanism of any court or council sanctioned by an Indian tribe for the adjudication of disputes, including the violation of tribal laws, ordinances, and regulations.

Alaska Safe Families and Villages Self Governance Program

(a)

In general

The Attorney General shall establish a program in the Office of Tribal Justice Programs of the Department of Justice, to be known as the Alaska Safe Families and Villages Self Governance Program, to make grants to Indian tribes in carrying out intergovernmental agreements described in subsection (d).(b)

Administration

(1)

In general

Each Indian tribe desiring to participate in the program shall submit to the Director an application in accordance with this section.(2)

Eligibility

To be eligible to participate in the program, an Indian tribe in the State shall—(A)request participation by resolution or other official action from the governing body of the Indian tribe;(B)have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contract or grant;(C)demonstrate to the Attorney General sufficient governance capacity to conduct the program, as evidenced by the history of the Indian tribe in operating government services (including public utilities, children’s courts, law enforcement, social service programs, or other activities);(D)certify that the Indian tribe has entered into an intergovernmental agreement with the State described in subsection (d);(E)meet such other criteria as the Attorney General may promulgate, after providing public notice and an opportunity to comment; and(F)submit to the Attorney General of the State a copy of the application.(3)

Public comment

Each application submitted under this subsection shall be subject to public comment for a period of not less than 30 days after the date on which a notice of the application is published in a newspaper or other publication of general circulation in the vicinity of the Native village of the Indian tribe.(c)

Use of amounts

Each participating Indian tribe shall use amounts—(1)to carry out a planning phase that may include—(A)internal governmental and organizational planning;(B)developing written tribal law or ordinances detailing the structure and procedures of the tribal court;(C)developing enforcement mechanisms; and(D)negotiating and finalizing any intergovernmental agreements necessary to carry out this Act; and(2)to carry out activities of the Indian tribe in accordance with an applicable intergovernmental agreement with the State.(d)

Intergovernmental agreements

(1)

In general

The State (including political subdivisions of the State) and Indian tribes in the State are encouraged to enter into intergovernmental agreements relating to the enforcement of certain State laws by the Indian tribe.(2)

Contents

(A)

In general

An intergovernmental agreement described in paragraph (1) may describe the duties of the State and the applicable Indian tribe relating to—(i)the employment of law enforcement officers, probation, and parole officers;(ii)the appointment and deputization by the State of tribal law enforcement officers as special officers to aid and assist in the enforcement of the criminal laws of the State;(iii)the enforcement of punishments imposed by the Indian tribe under tribal law;(iv)the transfer of enforcement duties for State drug- and alcohol-related misdemeanor offenses to the Indian tribe;(v)the adjudication by the Indian tribe of State drug- and alcohol-related misdemeanor offenses;(vi)the transfer of information and evidence between tribal law enforcement entities and the court system of the State;(vii)the detention of offenders;(viii)searches and seizures of alcohol and drugs at municipal and State airports; and(ix)jurisdictional or financial matters.(B)

Remedies

Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the

Indian Civil Rights Act of 1968

), an intergovernmental agreement described in paragraph (1) may include remedies to be imposed by the applicable Indian tribe relating to the enforcement of State law, including—(i)restorative justice, including circle sentencing;(ii)community service;(iii)fines;(iv)forfeitures;(v)commitments for treatment;(vi)restraining orders;(vii)emergency detentions; and(viii)any other remedies agreed to by the State and Indian tribe.(e)

Annual report

(1)

In general

Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that—(A)describes the grants awarded under the program;(B)assesses the effectiveness of the program; and(C)includes any recommendations of the Attorney General relating to the program.(2)

Requirements

Each report shall be prepared in consultation with the government of each participating Indian tribe and the State.(f)

No liability for the State of Alaska

The State, including any political subdivision of the State, shall not be liable for any act or omission of a participating Indian tribe in carrying out this Act, including any act or omission of a participating Indian tribe undertaken pursuant to an intergovernmental agreement described in subsection (d).(g)

Regulations

The Attorney General shall promulgate such regulations as the Attorney General determines are necessary to carry out this Act.(h)

Eligibility for Federal programs

(1)

In general

Participating Indian tribes shall be eligible for the same tribal court and law enforcement programs and level of funding from the Bureau of Indian Affairs and the Department of Justice as are available to other Indian tribes.(2)

Applicability in Alaska

Nothing in this Act limits the application in the State of—(A)the Tribal Law and Order Act of 2010 (Public Law 111–211; 124 Stat. 2261);(B)the Violence Against Women Reauthorization Act of 2013 (Public law 113–4; 127 Stat. 54); or(C)any amendments made by the Acts referred to in subparagraphs (A) and (B).(i)

Effect of Act

Nothing in this Act—(1)limits, alters, or diminishes the civil or criminal jurisdiction of the State, any subdivision of the State, or the United States;(2)limits or diminishes the jurisdiction of any Indian tribe in the State, including inherent and statutory authority of the Indian tribe over child protection, child custody, and domestic violence (as in effect on the day before the date of enactment of this Act);(3)creates a territorial basis for the jurisdiction of any Indian tribe in the State or otherwise creates Indian country in any area of the State;(4)confers any criminal jurisdiction on any Indian tribe in the State;(5)diminishes the trust responsibility of the United States to Indian tribes in the State;(6)abridges or diminishes the sovereign immunity of any Indian tribe in the State;(7)alters the criminal or civil jurisdiction of the Metlakatla Indian Community within the Annette Islands Reserve (as in effect on the date before the date of enactment of this Act);(8)alters the authority of the State to file, in the discretion of the State, a civil or criminal action for the violation of State law;(9)limits in any manner the eligibility of the State, any political subdivision of the State, or any Indian tribe in the State, for any other Federal assistance under any other law; or(10)affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country, including under section 1162 of title 18, United States Code.

Funding

The Attorney General shall use amounts made available to the Attorney General for the Office of Tribal Justice to carry out the program under this Act.

Repeal of special rule for State of Alaska

Section 910 of the Violence Against Women Reauthorization Act of 2013 (18 U.S.C. 2265 note; Public Law 113–4) is repealed.

Short title

This Act may be cited as the

Alaska Safe Families and Villages Act of 2014

Findings and purposes

(a)

Findings

Congress finds that—(1)residents of remote Alaska villages suffer disproportionately from crimes and civil disturbances rooted in alcohol abuse, illicit drug use, suicide, and domestic violence;(2)the alcohol-related suicide rate in remote Alaska villages is 6 times the average in the United States and the alcohol-related mortality rate is 3.5 times that of the general population of the United States;(3)Alaska Native women suffer the highest rate of forcible sexual assault in the United States and an Alaska Native woman is sexually assaulted every 18 hours;(4)according to the Alaska Native Tribal Health Consortium, one in two Alaska Native women experience physical or sexual violence;(5)according to the 2006 Initial Report and Recommendations of the Alaska Rural Justice and Law Enforcement Commission, more than 95 percent of all crimes committed in rural Alaska can be attributed to alcohol abuse;(6)the cost of drug and alcohol abuse in Alaska is estimated at $525,000,000 per year;(7)there are more than 200 remote villages in Alaska, which are ancestral homelands to Indian tribes and geographically isolated by rivers, oceans, and mountains making most of those villages accessible only by air;(8)small size and remoteness, lack of connection to a road system, and extreme weather conditions often prevent or delay travel, including that of law enforcement personnel, into remote villages, resulting in challenging law enforcement conditions and lack of ready access to the State judicial system;(9)less than ½ of remote Alaska villages are served by trained State law enforcement entities and several Indian tribes provide peace officers or tribal police without adequate training or equipment;(10)the centralized State judicial system relies on general jurisdiction Superior Courts in the regional hub communities, with only a handful of staffed magistrate courts outside of the hub communities;(11)the lack of effective law enforcement and accessible judicial services in remote Alaska villages contributes significantly to increased crime, alcohol abuse, drug abuse, domestic violence, rates of suicide, poor educational achievement, and lack of economic development;(12)Indian tribes that operate within remote Alaska villages should be supported in carrying out local culturally relevant solutions to effectively provide law enforcement in villages and access to swift judicial proceedings;(13)increasing capacities of local law enforcement entities to enforce local tribal laws and to achieve increased tribal involvement in State law enforcement in remote villages will promote a stronger link between the State and village residents, encourage community involvement, and create greater local accountability with respect to violence and substance abuse;(14)the United States has a trust responsibility to Indian tribes in the State;(15)the report of the Indian Law and Order Commission to the President and Congress entitled A Roadmap to Making Native America Safer and dated November 2013 found that the crisis in criminal justice in the State is a national problem and urged the Federal Government and the State to strengthen tribal sovereignty and self-governance and for Congress to create a jurisdictional framework to support tribal sovereignty and expand the authority of Indian tribes in the State; and(16)it is necessary to invoke the plenary authority of Congress over Indian tribes under article I, section 8, clause 3 of the Constitution to improve access to judicial systems in remote Alaska Native villages and provide for the presence of trained local law enforcement.(b)

Purposes

The purposes of this Act are—(1)to improve the delivery of justice in Alaska Native villages by—(A)encouraging the State and Indian tribes to enter into intergovernmental agreements relating to the enforcement and adjudication of State laws relating to drug and alcohol offenses; and(B)supporting Indian tribes in the State in the enforcement and adjudication of tribal laws relating to child abuse and neglect, domestic violence, and drug and alcohol offenses; and(2)to enhance coordination and communication among Federal, State, tribal, and local law enforcement agencies.

Definitions

In this Act:(1)

Attorney general

The term Attorney General means the Attorney General of the United States.(2)

Grant program

The term grant program means the Alaska Safe Families and Villages Self Governance Intergovernmental Grant Program established under section 4.(3)

Indian tribe

The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).(4)

Participating Indian tribe

The term participating Indian tribe means an Indian tribe selected by the Attorney General to participate in the grant program or the tribal law program, as applicable.(5)

Remote Alaska village

The term remote Alaska village means an Alaska Native Village Statistical Area delineated for the Director of the Census by the officials of the village for the purpose of presenting data for the decennial census conducted under section 141(a) of title 13, United States Code.(6)

State

The term State means the State of Alaska.(7)

Tribal court

Tribal law program

The term tribal law program means the Alaska Safe Families and Villages Tribal Law Program established under section 5.

Alaska safe families and villages self governance intergovernmental grant program

(a)

In general

The Attorney General shall establish a program in the Office of Justice Programs of the Department of Justice, to be known as the Alaska Safe Families and Villages Self Governance Intergovernmental Grant Program, to make grants to Indian tribes acting on behalf of 1 or more Indian tribes to assist Indian tribes in planning for and carrying out intergovernmental agreements described in subsection (d).(b)

Administration

(1)

In general

Each Indian tribe desiring to participate in the grant program shall submit to the Attorney General an application in accordance with this section.(2)

Eligibility for grant program

To be eligible to participate in the grant program, an Indian tribe in the State shall—(A)request participation by resolution or other official action by the governing body of the Indian tribe;(B)have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contract, compact, or grant;(C)demonstrate to the Attorney General sufficient governance capacity to conduct the grant program, as evidenced by the history of the Indian tribe in operating government services (including public utilities, children’s courts, law enforcement, social service programs, or other activities);(D)certify that the Indian tribe has entered into, or can evidence intent to enter into negotiations relating to, an intergovernmental agreement with the State described in subsection (d);(E)meet such other criteria as the Attorney General may promulgate, after providing public notice and an opportunity to comment; and(F)submit to the Attorney General of the State a copy of the application.(c)

Use of amounts

Each participating Indian tribe shall use amounts made available under the grant program—(1)to carry out a planning phase that may include—(A)internal governmental and organizational planning;(B)developing written tribal law or ordinances, including tribal laws and ordinances detailing the structure and procedures of the tribal court;(C)developing enforcement mechanisms; and(D)negotiating and finalizing any intergovernmental agreements necessary to carry out this section; and(2)to carry out activities of the Indian tribe in accordance with an applicable intergovernmental agreement with the State.(d)

Intergovernmental agreements

(1)

In general

Contents

(A)

In general

Remedies

Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq. ) (commonly known as the Indian Civil Rights Act of 1968), an intergovernmental agreement described in paragraph (1) may include remedies to be imposed by the applicable Indian tribe relating to the enforcement of State law, including—(i)restorative justice, including circle sentencing;(ii)community service;(iii)fines;(iv)forfeitures;(v)commitments for treatment;(vi)restraining orders;(vii)emergency detentions; and(viii)any other remedies agreed to by the State and Indian tribe.(e)

Annual report

(1)

In general

Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that—(A)describes the grants awarded under the grant program;(B)assesses the effectiveness of the grant program; and(C)includes any recommendations of the Attorney General relating to the grant program.(2)

Requirements

Each report shall be prepared in consultation with the government of each participating Indian tribe and the State.

Alaska safe families and villages self governance tribal law project

(a)

In general

The Attorney General shall establish a project in the Office of Justice Programs of the Department of Justice, to be known as the Alaska Safe Families and Villages Self Governance Tribal Law Project, to make grants to Indian tribes acting on behalf of 1 or more Indian tribes to assist Indian tribes in planning for and carrying out concurrent jurisdiction activities described in subsection (d).(b)

Application

(1)

In general

Each Indian tribe desiring to participate in the tribal law program shall submit to the Attorney General an application in accordance with this section.(2)

Eligibility

To be eligible to participate in the tribal law program, an Indian tribe in the State shall—(A)request participation by resolution or other official action by the governing body of the Indian tribe;(B)have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contract, compact, or grant;(C)demonstrate to the Attorney General sufficient governance capacity to conduct the tribal law program, as evidenced by the history of the Indian tribe in operating government services (including public utilities, children’s courts, law enforcement, social service programs, or other activities);(D)meet such other criteria as the Attorney General may promulgate, after providing for public notice; and(E)submit to the Attorney General of the State a copy of the application submitted under this section.(3)

Additional submissions

On completion of the planning phase described in subsection (c), the Indian tribe shall provide to the Attorney General—(A)the constitution of the Indian tribe or equivalent organic documents showing the structure of the tribal government and the placement and authority of the tribal court within that structure;(B)written tribal laws or ordinances governing tribal court procedures and the regulation and enforcement of child abuse and neglect, domestic violence, drugs and alcohol, and related matters; and(C)such other information as the Attorney General may, by public notice, require.(c)

Planning phase

(1)

In general

Each participating Indian tribe shall complete a planning phase that includes—(A)internal governmental and organizational planning;(B)developing written tribal law or ordinances detailing the structure and procedures of the tribal court; and(C)enforcement mechanisms.(2)

Certification

(A)

In general

Not later than 120 days after receiving an application under subsection (b), the Attorney General shall certify the completion of the planning phase under this section.(B)

Timing

The Attorney General may make a certification described in subparagraph (A) on the date on which the participating Indian tribe submits an application under subsection (b) if the Indian tribe demonstrates to the Attorney General that the Indian tribe has satisfied the requirements of the planning phase under paragraph (1).(d)

Concurrent jurisdiction

(1)

In general

Unless otherwise agreed to by the Indian tribe in an intergovernmental agreement, beginning 30 days after the date on which the certification described in subsection (c)(2) is made, the participating Indian tribe may exercise civil jurisdiction, concurrent with the State, in matters relating to child abuse and neglect, domestic violence, drug-related offenses, and alcohol-related offenses over—(A)any member of, or person eligible for membership in, the Indian tribe; and(B)any nonmember of the Indian tribe, if the nonmember resides or is located in the remote Alaska Native village in which the Indian tribe operates.(2)

Sanctions

A participating Indian tribe exercising jurisdiction under paragraph (1) shall impose such civil sanctions as the tribal court has determined to be appropriate, consistent with title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the Indian Civil Rights Act of 1968) and tribal law, including—(A)restorative justice, including community or circle sentencing;(B)community service;(C)fines;(D)forfeitures;(E)commitments for treatment;(F)restraining orders;(G)emergency detentions; and(H)any other remedies the tribal court determines are appropriate.(3)

Incarceration

A person shall not be incarcerated by a participating Indian tribe exercising jurisdiction under paragraph (1) except pursuant to an intergovernmental agreement described in section 4(d).(4)

Emergency circumstances

Nothing in this subsection prevents a participating Indian tribe exercising jurisdiction under paragraph (1) from—(A)assuming protective custody of a member of the Indian tribe or otherwise taking action to prevent imminent harm to that member or others; and(B)taking immediate, temporary protective measures to address a situation involving an imminent threat of harm to a member of the Indian tribe by a nonmember.(e)

Annual report

(1)

In general

Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a brief annual report that—(A)details the activities carried out under the tribal law program; and(B)includes an assessment and any recommendations of the Attorney General relating to the tribal law program.(2)

Requirements

Each report shall be prepared—(A)in consultation with the government of each participating Indian tribe; and(B)after the participating Indian tribe and the State have an opportunity to comment on the report.

Administration

(a)

Effect of Act

Nothing in this Act—(1)limits, alters, or diminishes the civil or criminal jurisdiction of the State, any subdivision of the State, or the United States;(2)limits or diminishes the jurisdiction of any Indian tribe in the State, including inherent and statutory authority of the Indian tribe over alcohol, and drug abuse, child protection, child custody, and domestic violence (as in effect on the day before the date of enactment of this Act);(3)creates a territorial basis for the jurisdiction of any Indian tribe in the State (other than as provided in section 5) or otherwise establishes Indian country (as defined in section 1151 of title 18, United States Code) in any area of the State;(4)confers any criminal jurisdiction on any Indian tribe in the State unless agreed to in an intergovernmental agreement described in section 4(d);(5)diminishes the trust responsibility of the United States to Indian tribes in the State;(6)abridges or diminishes the sovereign immunity of any Indian tribe in the State;(7)alters the criminal or civil jurisdiction of the Metlakatla Indian Community within the Annette Islands Reserve (as in effect on the date before the date of enactment of this Act); or(8)limits in any manner the eligibility of the State, any political subdivision of the State, or any Indian tribe in the State, for any other Federal assistance under any other law.(b)

No liability for the State of Alaska

Regulations

The Attorney General shall promulgate such regulations as the Attorney General determines are necessary to carry out this Act.(d)

Eligibility for Federal programs

(1)

In general

Participating Indian tribes shall be eligible for the same tribal court and law enforcement programs and level of funding from the Bureau of Indian Affairs as are available to other Indian tribes.(2)

Applicability in the State

Full faith and credit

(1)

In general

Each of the 50 States shall give full faith and credit to all official acts and decrees of the tribal court of a participating Indian tribe to the same extent and in the same manner as that State accords full faith and credit to the official acts and decrees of other States.(2)

Other laws

Nothing in this subsection impairs the duty of the State to give full faith and credit under any other law.

Technical assistance

(a)

In general

The Attorney General may enter into contracts with Indian tribes in the State to provide—(1)training and technical assistance on tribal court development to any Indian tribe in the State; and(2)the training for proper transfer of evidence and information—(A)between tribal and State law enforcement entities; and(B)between State and tribal court systems.(b)

Cooperation

Indian tribes may cooperate with other entities for the provision of services under the contracts described in subsection (a).

Funding

The Attorney General shall use amounts made available to the Attorney General for the Office of Justice Programs to carry out this Act.

Repeal of special rule for State of Alaska

Section 910 of the Violence Against Women Reauthorization Act of 2013 ( 18 U.S.C. 2265 note; Public Law 113–4 ) is repealed.

August 26, 2014

Reported with an amendment