[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3740 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3740

To supplement State jurisdiction in Alaska Native villages with Federal 
  and tribal resources to improve the quality of life in rural Alaska 
while reducing domestic violence against Native women and children and 
        to reduce alcohol and drug abuse and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

  Mr. Begich introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To supplement State jurisdiction in Alaska Native villages with Federal 
  and tribal resources to improve the quality of life in rural Alaska 
while reducing domestic violence against Native women and children and 
        to reduce alcohol and drug abuse 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 ``Alaska Safe Families and Villages 
Act of 2010''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) while the State of Alaska and numerous Alaska 
        organizations have struggled for years to address crime and 
        substance abuse problems in Alaska, Native Villages continue to 
        suffer from disproportionally high rates of illicit drug use, 
        alcohol abuse, and domestic violence;
            (2) the suicide rate in Alaska Native villages is 6 times 
        the national average, and the alcohol-related mortality rate is 
        3.5 times that of the general national population;
            (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 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;
            (5) the cost of drug and alcohol abuse in Alaska is 
        estimated at $525,000,000 per year;
            (6) the State of Alaska's public safety system does not 
        effectively serve vast areas of the State in which many remote 
        Alaska Native villages are located, except in response to 
        serious crimes involving severe injury or death, which are 
        handled by Alaska State Troopers who are located in only a 
        small number of hub communities around the State;
            (7) extreme weather conditions often prevent or delay 
        travel into remote Alaska Native villages, forcing residents to 
        wait for several days for an Alaska State Trooper to arrive and 
        respond to these crimes, compared to a law enforcement response 
        time normally within minutes for residents of urban 
        communities;
            (8) in many rural Alaska Native villages, there is no local 
        law enforcement presence whatsoever;
            (9) to the extent there are resident law enforcement 
        officers in rural villages, they consist of Village Public 
        Safety Officers (VPSOs) through the State VPSO Program, and a 
        very limited number of other peace officers such as Village 
        Police Officers (VPOs), Tribal Police Officers (TPOs) and 
        Community Peace Officers (CPOs) who tend to have only minimal 
        training and experience;
            (10) the VPSO Program is not able to adequately serve all 
        remote Alaska Native villages because there is insufficient 
        funding or officers to address the urgent need for additional 
        law enforcement in these communities;
            (11) the number of VPSOs currently serving in Alaska is 
        approximately 71, yet there are about 200 remote villages in 
        Alaska, all of which could benefit from a law enforcement 
        presence;
            (12) studies have concluded that the lack of effective law 
        enforcement in Alaska Native villages contributes significantly 
        to increased crime, alcohol abuse, drug abuse, domestic 
        violence, and rates of suicide, poor educational achievement, 
        and a lack of economic development in those communities;
            (13) law enforcement that is created and administered by 
        Indian tribes in Alaska will be more responsive to the need for 
        greater local control, local responsibility, and local 
        accountability in the administration of justice; and
            (14) it is necessary to invoke the plenary authority of 
        Congress over Indian affairs under section 8 of clause 3 of 
        article I of the Constitution, in order to improve law 
        enforcement conditions in Alaska Native villages.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a demonstration project under which a 
        limited number of Indian tribes in Alaska Native villages will 
        exercise local law enforcement responsibilities to combat 
        alcohol and drug abuse and to enhance existing tribal authority 
        over domestic violence and child abuse and neglect;
            (2) to enhance coordination and communication among 
        Federal, State, tribal, and local law enforcement agencies; and
            (3) to increase funding for, and therefore availability of, 
        local law enforcement.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the services 
        provided to Indians by the Secretary because of their status as 
        Indians, including any Alaska Native village as defined in 
        section 3(c) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1602(c)).
            (2) Project.--The term ``Project'' means the Alaska Safe 
        Families and Villages Demonstration Project established by 
        section 4(a).
            (3) Project area.--The term ``Project Area'' means the 
        geographical area within which an Indian tribe proposes to 
        enforce the laws of the Indian tribe developed under the 
        Project, as determined by the tribal government of the 
        applicable Indian tribe and as approved by the Office of 
        Justice Programs upon a showing that the extension of 
        jurisdiction to such area is in the interest of justice.
            (4) Tribal court.--The term ``tribal court'' means any 
        court, council, or other mechanism sanctioned by an Indian 
        tribe for the adjudication of disputes, including the violation 
        of tribal laws, ordinances, or regulations.
            (5) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 4. ALASKA SAFE FAMILIES AND VILLAGES DEMONSTRATION PROJECT.

    (a) Establishment of Project.--The Office of Justice Programs of 
the Department of Justice shall carry out the Alaska Safe Families and 
Villages Demonstration Project as provided by this section.
    (b) Number of Tribes.--The Office of Justice Programs shall select 
not more than 9 Indian tribes in Alaska to participate in the Project 
in Alaska over a 3-year period, with not more than 3 Indian tribes 
selected during each of fiscal years 2011, 2012, and 2013.
    (c) Duration of Project.--Each Indian tribe selected to participate 
in the Project shall remain in the Project for a period of 5 years.
    (d) Annual Report.--
            (1) In general.--On or before May 1 of each year, the 
        Attorney General shall provide to the Committee on Indian 
        Affairs of the Senate and the Committee on Natural Resources of 
        the House of Representatives a brief annual report detailing 
        activities undertaken under the Project and setting forth an 
        assessment of the Project, together with any recommendations of 
        the Attorney General for further action by Congress.
            (2) Requirements.--Each report submitted under this 
        subsection shall be prepared--
                    (A) in consultation with the governments of Indian 
                tribes in Alaska; and
                    (B) after those governments and the State of Alaska 
                have an opportunity to comment on each report prior to 
                the finalization of the report.
    (e) Applications.--
            (1) Criteria.--To qualify to participate in the Project, an 
        Indian tribe in Alaska 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 contracts or grants;
                    (C) demonstrate to the Attorney General sufficient 
                governance capacity to conduct the Project, as 
                evidenced by the history of the Indian tribe of 
                operating government services, including public 
                utilities, children's courts, law enforcement, social 
                service programs, or other activities;
                    (D) demonstrate the ability to sustain the goals 
                and purposes of the Project after funding for the 
                Project has expired; and
                    (E) meet such other criteria as the Attorney 
                General may promulgate, after providing for public 
                notice.
            (2) Copy to the alaska ag.--Each Indian tribe shall send a 
        copy of its application submitted under this section to the 
        Attorney General of Alaska.
    (f) Tribal Reporting.--The Attorney General may by regulation 
promulgate such minimum reporting requirements as the Attorney General 
determines are reasonably necessary to carry out this Act.
    (g) Public Comment.--All applications submitted pursuant to 
subsection (e) shall be subject to public comment for a period of not 
less than 30 days following publication of notice in a newspaper or 
other publication of general circulation in the vicinity of the Alaska 
Native village of the Indian tribe requesting participation in the 
Project.
    (h) Planning Phase.--Each Indian tribe selected for participation 
in the Project shall complete a planning phase that includes--
            (1) internal governmental and organizational planning;
            (2) the development of written tribal law or ordinances 
        detailing the structure and procedures of the tribal court;
            (3) enforcement mechanisms; and
            (4) those aspects of drug- or alcohol-related matters that 
        the Indian tribe proposes to regulate.
    (i) Certification.--
            (1) In general.--Upon completion of the planning phase 
        under subsection (h), an Indian tribe shall provide to the 
        Office of Tribal Justice--
                    (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) the written tribal laws or ordinances of the 
                Indian tribe governing court procedures and the 
                regulation and enforcement of drugs, alcohol, and 
                related matters;
                    (C) a map depicting the Project Area of the Indian 
                tribe; and
                    (D) such other information or materials as the 
                Attorney General may by public notice require.
            (2) Certification.--The Office of Tribal Justice shall 
        certify the completion of the planning phase under this 
        section.
            (3) Timing.--Certification under paragraph (2) may occur at 
        the time at which an Indian tribe applies for participation in 
        the Project if the Indian tribe demonstrates that the Indian 
        tribe has already met the requirements of the planning phase.
    (j) Effect of Certification.--
            (1) In general.--Commencing 30 days after the certification 
        described in subsection (i) and except as provided in paragraph 
        (2), an Indian tribe participating in the Project shall 
        exercise jurisdiction, concurrent with the civil jurisdiction 
        of the State of Alaska under State law, over--
                    (A) the drug, alcohol, or related matters described 
                in subsection (i) within the Project Area of the Indian 
                tribe; and
                    (B) persons of Indian or Alaska Native descent or 
                other persons with consensual relationships with the 
                Indian tribe or a member of the Indian tribe.
            (2) Sanctions.--An Indian tribe participating in the 
        Project shall impose such sanctions as shall be determined by 
        the tribal court to be appropriate, consistent with the Indian 
        Civil Rights Act and tribal law, including such measures as--
                    (A) restorative justice;
                    (B) community service;
                    (C) fines;
                    (D) forfeitures;
                    (E) commitments for treatment;
                    (F) restraining orders; and
                    (G) emergency detentions.
            (3) Agreement required.--A person may not be incarcerated 
        by an Indian tribe participating in the Project except pursuant 
        to an agreement entered into under section 7.
            (4) Treatment of protective orders.--For purposes of this 
        subsection, the protective order of an Indian tribe 
        participating in the Project excluding any member or non-member 
        from a community shall be considered a civil remedy.
            (5) Emergency circumstances.--Nothing in this subsection 
        shall prevent an Indian tribe participating in the Project from 
        acting in the following emergency circumstances:
                    (A) A tribe may assume protective custody of a 
                tribal member or otherwise take action to prevent 
                imminent harm to self or others.
                    (B) A tribe may take immediate, temporary 
                protective measures to address situations involving an 
                imminent threat of harm to self or others by a non-
                member.
    (k) Effect of Act.--Nothing in this Act--
            (1) limits, alters, or diminishes the civil or criminal 
        jurisdiction of the State of Alaska, or any subdivision of that 
        State, the United States, or any Indian tribe in Alaska, 
        including existing inherent and statutory authority of the 
        tribes over child protection, child custody, and domestic 
        violence;
            (2) confirms or denies that any area of Alaska does or does 
        not constitute Indian country;
            (3) diminishes the trust responsibility of the United 
        States to Indian tribes in Alaska, or abridges or diminishes 
        the sovereign immunity of any Indian tribe in Alaska;
            (4) alters the jurisdiction of the Metlakatla Indian 
        Community within the Annette Islands Reservation;
            (5) limits in any manner the eligibility of the State of 
        Alaska, any political subdivision of the State, or any Indian 
        tribe in Alaska, for any other Federal assistance under any 
        other law; or
            (6) shall be construed to alter the tribes' existing 
        jurisdictional authority over domestic violence under the 
        Violence Against Women Act.
    (l) Liability of State of Alaska.--The State of Alaska and any 
political subdivision of the State shall not be liable for any act or 
omission of an Indian tribe participating in the Project, including 
acts or omissions undertaken pursuant to an intergovernmental agreement 
entered into under section 7.
    (m) Contracts.--
            (1) In general.--Each Indian tribe participating in the 
        Project shall be eligible for a contract from the Office of 
        Justice Programs, in an amount not to exceed $250,000 per year, 
        for use in defraying costs associated with the Project, 
        including costs relating to--
                    (A) tribal court operations and personnel;
                    (B) utility and maintenance;
                    (C) overhead;
                    (D) equipment; and
                    (E) continuing education (including travel).
            (2) Requirements.--The contracts made available under this 
        subsection shall be--
                    (A) in addition to such grants as may be available 
                under this Act or other provisions of law; and
                    (B) awarded as contracts in a form authorized by 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450 et seq.).
            (3) Tribal organizations.--A tribal organization may enter 
        into contracts on behalf of an Indian tribe participating in 
        the Project upon express written delegation of authority of the 
        Indian tribe to the tribal organization.
    (n) Regulations.--The Attorney General may promulgate such 
regulations as the Attorney General determines to be necessary to carry 
out this section.
    (o) Full Faith and Credit.--
            (1) In general.--Each State shall give full faith and 
        credit to all official acts and decrees of the tribal court of 
        an Indian tribe participating in the Project to the same extent 
        and in the same manner as such State accords full faith and 
        credit to the official acts and decrees of other States.
            (2) Other law.--Nothing in this subsection impairs the duty 
        of a State to give full faith and credit under any other law.
    (p) Federal Jurisdiction.--
            (1) In general.--Subject to paragraph (2), Project Areas 
        and Indian tribes participating in the Project shall be 
        eligible for the same law enforcement programs of the Bureau of 
        Indian Affairs and the Office of Justice Programs, as are 
        applicable to those areas under section 401 of Public Law 90-
        284 (25 U.S.C. 1321).
            (2) Applicability in alaska.--Nothing in this Act limits 
        the application in Alaska of any other provision of this Act.
    (q) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (m) $2,500,000 for each of fiscal 
years 2011 through 2017.

SEC. 5. ALASKA VILLAGE PEACE OFFICERS.

    (a) Establishment of Alaska Village Peace Officer Grants Program.--
The Office of Justice Services of the Department of the Interior shall 
carry out a contract program for the employment by Indian tribes of 
Village Peace Officers in Alaska Native villages as provided in this 
section.
    (b) Application Criteria.--
            (1) In general.--To qualify for a contract under this 
        section, an applicant shall--
                    (A) be an Indian tribe in Alaska that participated 
                in a Project;
                    (B) demonstrate the lack of other resident law 
                enforcement in the applicable Alaska Native village; 
                and
                    (C) satisfy such other criteria as may be 
                established by notice by the Office of Justice 
                Services.
            (2) Limitation.--Each contract awarded under this section 
        shall be in an amount not to exceed $100,000 for the salary and 
        related costs of employing and equipping 1 Village Peace 
        Officer, except that the Office of Justice Services shall be 
        authorized to waive the 1-officer limitation upon a showing of 
        compelling circumstances.
    (c) Contracts.--At the request of an applicant Indian tribe, the 
Office of Tribal Services shall disburse funds awarded under this 
section through modifications to existing self-determination contracts 
or self-governance compacts authorized under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.), or 
by contract to a political subdivision of the State of Alaska pursuant 
to an agreement, if any, under section 7.
    (d) Eligibility for BIA Training.--Village peace officers hired 
pursuant to this section shall be eligible to attend the Bureau of 
Indian Affairs Police Officer Training Program.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2011 through 2017.

SEC. 6. TECHNICAL ASSISTANCE.

    (a) In General.--The Attorney General may enter into 18-month 
contracts with tribal organizations in Alaska to provide training and 
technical assistance on tribal court development to any Indian tribes 
in Alaska.
    (b) Cooperation.--Tribal organizations may cooperate with other 
entities for the provision of services under contracts described in 
subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000.

SEC. 7. INTERGOVERNMENTAL AGREEMENTS.

    (a) In General.--The State of Alaska, political subdivisions of 
that State, Indian tribes in Alaska, and the United States are each 
authorized and encouraged to enter into intergovernmental agreements, 
including agreements concerning--
            (1) the employment of law enforcement officers, probation, 
        and parole officers;
            (2) cross-appointment and cross-deputization of tribal, 
        State, municipal, or Federal officials;
            (3) the detention or incarceration of offenders; and
            (4) jurisdictional or financial matters.
    (b) Rule of Construction.--Nothing in this section shall be 
construed as restricting the right of the judicial system of Alaska to 
enter into agreements with the tribal courts.
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