[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1268

  To assist the development of tribal judicial systems, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 1993

Mr. Richardson (for himself and Ms. English of Arizona) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  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) Congress, through statutes, treaties, and the exercise 
        of administrative authorities, has recognized the self-
        determination, self-reliance, and inherent sovereignty of 
        Indian tribes;
            (3) Indian tribes possess the inherent authority to 
        establish their own form of government, including tribal 
        justice systems;
            (4) tribal justice systems are essential to self-government 
        and integral to the fulfillment of the Federal Government's 
        policy of self-determination;
            (5) tribal justice systems are inadequately funded and the 
        lack of adequate funding impairs their ability to administer 
        justice effectively; and
            (6) 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, 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.--Except as otherwise provided in title II, in 
addition to the functions transferred to the Office pursuant to 
subsection (b), the Office shall perform the following functions:
            (1) Develop and conduct programs of continuing education 
        and training for personnel of tribal judicial systems and 
        Courts of Indian Offenses.
            (2) Provide funds to Indian tribes and tribal organizations 
        for the development, enhancement, and continuing operation of 
        tribal justice systems.
            (3) Provide technical assistance and training to Indian 
        tribes and tribal organizations upon request.
            (4) Study and conduct research concerning the operation of 
        tribal justice systems.
            (5) Promote cooperation and coordination between tribal 
        justice systems, the Federal judiciary, and State judiciary 
        systems.
            (6) Oversee the continuing operations of the Courts of 
        Indian Offenses.
    (d) No Imposition of Standards.--Nothing in this section 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 training 
and technical assistance to any Indian tribe or tribal organization 
upon request. Technical assistance and training which may be provided 
by the Office shall include, but is not 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 establish 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 tribal 
judicial personnel, funding, model tribal codes, tribal justice 
activities, and tribal judicial decisions.

SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Office shall conduct a survey of conditions 
of tribal justice systems and Courts of Indian Offenses to determine 
the resources and funding needed to provide for expeditious and 
effective administration of justice. The Office 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 
Office shall document local conditions on each reservation, including, 
but not limited to--
            (1) the reservation size 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;
            (6) the experience and qualifications of judicial personnel 
        of the tribal justice system; and
            (7) the training and technical assistance needs of the 
        tribal justice system.
    (c) Consultation With Indian Tribes.--The Office shall actively 
consult with Indian tribes and tribal organizations in the development 
and conduct of the surveys under this section. Indian tribes and tribal 
organizations shall have the opportunity to review and make 
recommendations regarding the findings of the survey prior to final 
publication of the survey. After Indian tribes and tribal organizations 
have reviewed and commented on the results of the survey, the Office 
shall report its findings, together with the comments and 
recommendations of the Indian tribes and tribal organizations, to the 
Secretary, the Select 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 development, enhancement, and continuing operation of tribal 
justice systems on Indian reservations.
    (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 or 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 programs 
        and projects for--
                    (A) alternative dispute resolution;
                    (B) tribal victims assistance or victims services;
                    (C) tribal probation services or diversion 
                programs;
                    (D) multidisciplinary investigations of child 
                abuse; and
                    (E) tribal traditional justice systems or 
                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 and tribal judicial conferences carrying out 
section 201(a)(2) on behalf of members of such conferences. Such 
formula shall assure that in any case in which two or more Indian 
tribes form a tribal judicial conference under title II, the base 
support for such conference shall be an amount equal to the aggregate 
of that which each tribal member of such conference would have received 
if such tribe had not elected to be a member of the conference.
    (2) The Secretary shall develop appropriate case load standards and 
staffing requirements for tribal justice systems that take into account 
unique reservation conditions. In the development of these standards, 
the Secretary shall work cooperatively with Indian tribes and tribal 
organizations and shall refer to comparable relevant standards 
developed by the Judicial Conference of the United States, the National 
Center for State Courts, and the American Bar Association.
    (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 standards and staffing requirements 
        developed under paragraph (2);
            (B) the reservation size 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 the formula for base support funding for the 
tribal judicial systems and tribal judicial conferences under this 
section, the Secretary shall ensure equitable distribution of funds.

                 TITLE II--TRIBAL JUDICIAL CONFERENCES

SEC. 201. ESTABLISHMENT; FUNDING.

    (a) Establishment.--In any case in which two or more governing 
bodies of Indian tribes establish a judicial conference, such 
conference shall be considered a tribal organization and eligible to 
contract for funds pursuant to this title if each member tribe served 
by the conference has adopted a tribal resolution which authorizes the 
tribal judicial conference to receive and administer funds under this 
title. At the written request of any tribal judicial conference, a 
contract entered into pursuant to this title shall--
            (1) authorize the conference to receive funds and only 
        perform some or all of the duties of the Bureau and the Office 
        under sections 101 and 102 on behalf of the members of such 
        conference; and
            (2) authorize the conference to receive funds and only 
        perform some or all of the duties of the Bureau and the Office 
        under section 103 on behalf of members of the conference.
    (b) Contract Authority.--Pursuant to the Indian Self-Determination 
and Education Assistance Act, the Secretary is authorized to enter into 
contracts, grants, or agreements with a tribal judicial conference for 
the development, enhancement, and continuing operation of tribal 
justice systems of Indian tribes which are members of such conference.
    (c) Funding.--The Secretary is authorized to provide funding to 
tribal judicial conferences pursuant to contracts entered into under 
the authority of the Indian Self-Determination and Education Assistance 
Act for administrative expenses incurred by such conferences.

SEC. 202. LIMITATION.

    In any case in which an Indian tribe receives financial assistance 
through a tribal judicial conference for the operation of a tribal 
justice system for any fiscal year, the tribal justice system of that 
tribe shall not be eligible for assistance under title I for that 
fiscal year.

                       TITLE III--AUTHORIZATIONS

SEC. 301. TRIBAL JUSTICE SYSTEMS.

    (a) Office.--There are authorized to be appropriated to carry out 
the provisions of sections 101, 102, and 201(a)(1) 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 or any tribal 
judicial conference.
    (b) Base Support Funding for Tribal Justice Systems and Judicial 
Conferences.--There are authorized to be appropriated to carry out the 
provisions of sections 103 and 201(a)(2) 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 are 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) Administrative Expenses for Tribal Judicial Conferences.--There 
are authorized to be appropriated, for the administrative expenses of 
tribal judicial conferences, $500,000 for each of the fiscal years 
1994, 1995, 1996, 1997, 1998, 1999, and 2000.
    (e) Indian Priority System.--Funds appropriated pursuant to the 
authorizations provided by this section and available to a tribal 
judicial conference shall not be subject to the Indian priority system.
    (f) Allocation of Funds.--In allocating funds appropriated pursuant 
to the authorization contained in subsection (a) among the Bureau, 
Office, and tribal judicial conferences, 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 tribal justice systems 
and judicial conferences.

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