[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10404-S10406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 1508. A bill to provide technical and legal assistance for tribal 
justice systems and members of Indian tribes, and for other purposes; 
to the Committee on Indian Affairs.


                 NATIVE JUSTICE SYSTEMS ENHANCEMENT ACT

  Mr. CAMPBELL. Mr. President, today I introduce the ``Indian Tribal 
Justice System Technical and Legal Assistance Act of 1999'' to bolster 
earlier efforts to strengthen Indian tribal justice systems such as the 
Indian Tribal Justice Act of 1933. I want to be clear: the legislation 
I am introducing today is intended to complement, not substitute for, 
the 1993 Act.
  Unfortunately, most Native Americans continue to live in abject 
poverty and as with other indigent groups, access to legal assistance 
is poor.
  In 1997 the Department of Justice published a report showing that 
crime, particularly violent crime, is rampant on Indian lands. The 
Congress and the Administration both properly responded with an 
infusion of millions of dollars for crime prevention, prosecution and 
detention.
  There is also a huge need civil legal assistance in Native 
communities that is not now being met and that is one of the aims of 
the bill I am introducing today.
  Since the late 1960's Indian Legal Services (``ILS'') organizations 
have stepped into the fray to provide basic legal service to individual 
Native Americans and tribes whose members

[[Page S10405]]

fall within the federal poverty guidelines.
  There are now 30 Indian legal service organizations--very small 
programs which receive the bulk of their funds from the Legal Services 
Corporation (LSC). ILS programs provide basic, bread-and-butter legal 
representation to individual Indian people, and small tribes, 
throughout the United States.
  In addition to providing legal help to individual Natives, ILS 
assists tribes in developing tribal justice systems, including training 
court personnel, and strengthening the capacity of tribal courts to 
handle both civil and criminal matters.
  The ILS organizations have been involved in developing written codes 
on tribal law and practice and procedure in tribal courts, 
training tribal judges, developing tribal court ``lay advocate'' 
programs and training lay advocates, and the developing tribal 
``peacemaking'' systems which are traditional alternative dispute 
resolution methods.

  The ILS programs carrying out these key functions include the DNA 
Legal Services of Arizona, New Mexico and Utah; the Michigan Indian 
Legal Services; the Dakota Plains Legal Services; Wisconsin Judicare; 
Idaho Legal Aid Services; Oklahoma Indian legal Services; Pine Tree 
Legal Assistance of Maine, and many others.
  Together, tribal governments and the ILS organizations work to ensure 
that Native justice systems work and that Natives and non-Natives alike 
have confidence in tribal justice systems and institutions.
  Generating that confidence is important for a variety of reasons. For 
instance, there are many factors determining whether or not a Native 
community can be competitive and attract investment and business 
activities to boost employment: a solid physical infrastructure, a 
skilled and healthy workforce, access to capital, and a governing 
structure that encourages risk taking and entrepreneurship.
  Part of such an environment is a judicial system that instills 
confidence in businesses as well as individuals that disputes can be 
settled fairly, that contracts will be honored, and that the governed 
recognize the government's authority as legitimate.
  A disordered system does not foster that confidence. Whether or not 
individuals will have access to legal services and well-ordered 
tribunals is key to development.
  A strong ``legal infrastructure'' is widely recognized in American 
business circles as a necessary condition for business development 
whether it be in Russian, Indonesia, inner city America, or on Indian 
lands.
  Within existing appropriations, the bill I am introducing authorizes 
the Attorney General, in consultation with the Office of Tribal 
Justice, to provide assistance to legal service organizations and non-
profit entities to help build capacity of tribal courts and tribal 
justice systems so that confidence in these systems can be augmented, 
and much-needed legal assistance will be provided.
  The three areas targeted for assistance are training for tribal 
judicial personnel, tribal civil legal assistance, and tribal criminal 
assistance.
  I believe that in addition to regulatory reform, physical 
infrastructure, and development assistance, strengthening tribal 
justice systems is another component in bringing real development to 
tribal economies and government.
  Mr. President, I ask unanimous consent that the legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1508

       Be it enacted by the Senate and House or 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 1999.

     SEC. 2. FINDINGS.

       The Congress finds and declares that--
       1) There is a a government-to-government relationship 
     between the United States and Indian tribes;
       2) Indian tribes are sovereign entities and are responsible 
     for exercising governmental authority over Indian tribes;
       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 
     governments;
       6) Congress and the Federal courts have repeatedly 
     recognized tribal justice systems as the most appropriate 
     forums for the adjudication of disputes affected 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 
     assistance 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 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.

       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 appropriate, 
     development of tribal court systems for the administration 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 assistance services for Indian tribes, members of 
     Indian tribes, and/or tribal justice systems; and
       (5) To assist in the development of tribal judicial systems 
     by supplementing prior Congressional efforts such as the 
     Indian Tribal Justice Act (Public Law 103-176).

     SEC. 4. DEFINITIONS.

       For purposes of this Act:
       (1) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States.
       (2) Indian lands.--The term ``Indian lands'' shall include 
     lands within the definition of ``Indian country'', as defined 
     in 18 USC 1151; or ``Indian reservations'', as defined in 
     section 3(d) of the Indian Financing Act of 1974, 25 USC 
     1452(d), or section 4(10) of the Indian Child Welfare Act, 25 
     USC 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 reservations in Oklahoma'' 
     as including only lands which are within the jurisdictional 
     area of an Oklahoma Indian Tribe (as determined by the 
     Secretary of Interior) and are recognized by such Secretary 
     as eligible for trust land status under 25 CFR Part 151 (as 
     in effect on the date of enactment of this sentence).
       (3) Indian tribe.--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 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 administrator, bailiff, probation officer, officer of 
     the court, dispute resolution facilitator, or other official, 
     employee, or volunteer 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.
       (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, tribal courts, 
     appellate courts, including inter-tribal appellate courts, 
     alternative dispute resolution systems, and circuit rider 
     systems, established by inherent tribal authority whether or 
     not they constitute a court of record.

[[Page S10406]]

 TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL 
                           ASSISTANCE GRANTS

     SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE 
                   GRANTS

       Subject to the availability of appropriations, the Attorney 
     General, 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 technical assistance for the development, 
     enrichment, enhancement of tribal justice systems, or other 
     purposes consistent with this Act.

     SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, 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, 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.

     SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, 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, 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 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 delinquency acts.

     SEC. 104. NO OFFSET.

       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.

       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 
     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.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       For purposes of carrying out the activities under this Act, 
     there are authorized to be appropriated such sums as are 
     necessary for fiscal years 2000 through 2004.
                                 ______