[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Committee Discharged Senate (CDS)]
103d CONGRESS
1st Session
H. R. 1268
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3 (legislative day, June 30), 1993
Received; read twice and referred to the Committee on Indian Affairs
August 6 (legislative day, June 30), 1993
Committee discharged
_______________________________________________________________________
AN ACT
To assist the development of tribal judicial systems, 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 Act''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) there is a government-to-government 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
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 sovereignty 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 repeatedly
recognized tribal justice systems as the appropriate forums for
the adjudication 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
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 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,
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 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(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) traditional methods and forums
for dispute resolution, lower courts, appellate courts
(including intertribal appellate courts), alternative dispute
resolution systems, 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.
(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 Personnel.--All functions
performed before 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 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 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 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 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 standards
on Indian tribes.
(e) Assistance to Tribes.--(1) The Office shall provide 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 tribal justice
systems.
(2) Technical assistance and training provided pursuant to
paragraph (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 Systems.--The
Office shall maintain an information clearinghouse (which shall include
an electronic data base) on tribal justice systems 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 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 case loads;
(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.
SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.
(a) In General.--Pursuant to the Indian Self-Determination and
Education Assistance Act, the Secretary is authorized (to the extent
provided in advance in appropriations Acts) to enter into contracts,
grants, or agreements with Indian tribes and tribal organizations for
the performance of any function of the Office and for the development,
enhancement, 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
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 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 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 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 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 promulgate 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 assessment of these needs, the Secretary
shall work cooperatively with Indian tribes and tribal organizations
and shall refer to any data developed as a result of the surveys
conducted 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 associations.
(3) Factors to be considered in the development of the base support
funding formula shall include, but are not limited 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 programs; and
(F) any special circumstances warranting additional
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 distribution 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 provided under this subsection may be used for the
administrative 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 expenses 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 section 102, there
is authorized to be appropriated, in addition to the amount authorized
under subsection (a) of this section, $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 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.
(f) 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.
(g) 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.
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 forum;
(5) imply that any tribal justice system is an
instrumentality 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.
Passed the House of Representatives August 2, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.