[Senate Report 106-219]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 409
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-219

======================================================================



 
PROVIDING TECHNICAL AND LEGAL ASSISTANCE TO TRIBAL JUSTICE SYSTEMS AND 
            MEMBERS OF INDIAN TRIBES, AND FOR OTHER PURPOSES

                                _______
                                

                November 8, 1999.--Ordered to be printed

                                _______
                                

   Mr. Campbell, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1508]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1508) to provide technical and legal assistance to 
tribal justice systems and members of Indian tribes, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill (as amended) do pass.
    The substitute amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 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 lands;
          (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 affecting 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.
          (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 U.S.C. 1151; or ``Indian reservations'', as defined in 
        section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. 
        1452(d), or section 4(10) of the Indian Child Welfare Act, 25 
        U.S.C. 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, trial courts, appellate courts, 
        including inter-tribal appellate courts, alternative dispute 
        resolution systems, and circuit rider systems, established by 
        inherent tribunal authority whether or not they constitute a 
        court of record.

 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 title, there 
are authorized to be appropriated such sums as are necessary for fiscal 
years 2000 through 2004.

                     TITLE II--INDIAN TRIBAL COURTS

SEC. 201. GRANTS.

    (a) In General.--The Attorney General may award grants and provide 
technical assistance to Indian tribes to enable such tribes to carry 
out programs to support--
          (1) the development, enhancement, and continuing operation of 
        tribal justice systems; and
          (2) the development and implementation of--
                  (A) tribal codes and sentencing guidelines;
                  (B) inter-tribal courts and appellate systems;
                  (C) tribal probation services, diversion programs, 
                and alternative sentencing provisions;
                  (D) tribal juvenile services and multi-disciplinary 
                protocols for child physical and sexual abuse; and
                  (E) traditional tribal judicial practices, 
                traditional tribal justice systems, and traditional 
                methods of dispute resolution.
    (b) Consultation.--In carrying out this section, the Attorney 
General may consult with the Office of Tribal Justice and any other 
appropriate tribal or Federal officials.
    (c) Regulations.--The Attorney General may promulgate such 
regulations and guidelines as may be necessary to carry out this title.
    (d) Authorization of Appropriations.--For purposes of carrying out 
the activities under this section, there are authorized to be 
appropriated such sums as are necessary for fiscal years 2000 through 
2004.

SEC. 202. TRIBAL JUSTICE SYSTEMS.

    Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is 
amended--
          (1) in subsection (a), by striking ``1994, 1995, 1996, 1997, 
        1998, 1999, and 2000'' and inserting ``2000 through 2007'';
          (2) in subsection (b), by striking ``1994, 1995, 1996, 1997, 
        1998, 1999, and 2000'' and inserting ``2000 through 2007'';
          (3) in subsection (c), by striking ``1994, 1995, 1996, 1997, 
        1998, 1999, and 2000'' and inserting ``2000 through 2007''; and
          (4) in subsection (d), by striking ``1994, 1995, 1996, 1997, 
        1998, 1999, and 2000'' and inserting ``2000 through 2007''.

                                Purpose

    The purpose of S. 1508, the Indian Tribal Justice Technical 
and Legal Assistance Act of 1999, is to authorize the 
Department of Justice to use appropriated funds to: (1) award 
grants to national and regional organizations whose members are 
tribal justice system personnel to provide training and 
technical assistance for the development of tribal systems, and 
(2) award grants to non-profit legal services providers to 
provide civil and criminal legal assistance to tribal members 
or judicial systems.

                               Background

    Most Native Americans continue to live in abject poverty 
and as with similarly situated groups, crime rates are high and 
access to civil legal assistance is poor. Along with other 
factors, stable tribal governments and healthy tribal economic 
depend on strong and well-ordered tribal courts and judicial 
systems. For many Indian communities, Indian Legal Services 
(ILS) providers fill the void by providing basic civil legal 
assistance to qualifying individuals.
    In addition to this assistance, ILS entities assist tribal 
governments in developing their justice systems by providing a 
variety of services including training court personnel, and 
strengthening the capacity of tribal courts to handle both 
civil and criminal matters. Together with tribal governments, 
ILS organizations work to establish and maintain confidence in 
tribal justice systems.
    Adequate funding has long been recognized as one of the key 
ingredients for the development of effective Indian tribal 
justice systems. In 1941 John Collier, then-Commissioner of 
Indian Affairs, stated that ``[t]he lack of adequate 
appropriations for the support of the courts and for the 
maintenance of an adequate police force have handicapped the 
administration of justice.'' In its final report issued in 
1977, the American Indian Policy Review Commission noted the 
importance of tribal justice systems and urged that Congress 
provide sufficient funding for the establishment and 
development of justice systems.
    In 1991, the United States Commission on Civil Rights 
issued its report \1\ on the implementation of the Indian Civil 
Rights Act of 1968, 25 U.S.C. 1301 et seq., nothing the need 
for adequate funding for tribal justice systems. In 1993, the 
Indian Tribal Justice Act, 25 U.S.C. 3506 et seq., was enacted 
to provide support for Indian tribal courts and for other 
purposes, but funding appropriated under the Act has not been 
sufficient to meet the needs across Indian country.
---------------------------------------------------------------------------
    \1\ The Indian Civil Rights Act--A Report of the United States 
Commission on Civil Rights, June, 1991.
---------------------------------------------------------------------------

                      a. crime and law Enforcement

    For years the Committee on Indian Affairs has focused its 
attention on tribal courts, juvenile justice, gang activity, 
and law enforcement on Indian lands.\2\ In 1997, the U.S. 
Department of Justice published a report showing that while 
crime rates generally have fallen throughout the nation, 
federal and tribal law enforcement agencies reported that crime 
in Indian communities is rising.\3\ In October, 1997, the 
Executive Committee for Indian Country Law Enforcement 
Improvements issued its Final Report to the Attorney General 
and the Secretary of the Interior.\4\
---------------------------------------------------------------------------
    \2\ See for example the following Committee hearing records Tribal 
Courts Act of 1991 and Report of the U.S. Commission on Civil Rights 
Entitled ``Indian Civil Rights Act'', S. Hrng. 102-496; Indian Tribal 
Justice Act, S. Hrng. 103-76; Tribal Justice Act, S. Hrng. 104-332; 
Juvenile Justice in Indian Country, S. Hrng. 105-140; Criminal Gangs in 
Indian Country, S. Hrng. 105-341; and Department of Justice/Department 
of the Interior Tribal Justice Initiatives, S. Hrng. 105-705.
    \3\ See also American Indians and Crime, U.S. Department of 
Justice, Office of Justice Programs, Bureau of Justice Statistics, 
February, 1999, NCJ 173386.
    \4\ See Report of the Executive Committee For Indian Country Law 
Enforcement Improvements--Final Report to the Attorney General and the 
Secretary of the Interior, October 31, 1997.
---------------------------------------------------------------------------
    In response to these reports, the Administration proposed 
its ``Law Enforcement Initiative for Indian Country'' stressed 
the need for more law enforcement and justice resources. In 
1997 through the current fiscal year, Congress responded by 
increasing funding to provide for additional FBI agents, tribal 
law enforcement officers, juvenile detention centers and tribal 
courts. The funding request for the Initiative for FY2000 is 
$124 million, with the bulk of funds slated for Department of 
Justice (DoJ) law enforcement purposes, $5 million for DoJ's 
tribal courts initiative and $10 million for the Bureau of 
Indian Affairs (BIA) for tribal courts.

                         b. civil legal matters

    Every year, Indian tribal courts and courts personnel 
handle large caseloads: the Navajo Nation court system 
processed over 25,000 cases; the Gila River Indian Community 
(AZ) handled more than 3,000; the Colville Tribal Court (WA) 
dealt with nearly 2,000 cases; and the Ft. Peck Tribe (MT) 
processed over 3,100 cases in 1997. Though the 1993 Indian 
Tribal Justice Act authorized nearly $50 million dollars to 
support tribal justice systems, adequate funding under the Act 
has not been requested or appropriated. Stepping into this 
breach, civil legal assistance to individuals and other forms 
of legal aid are often provided by non-profit ILS 
organizations, which receive their funding from the federal 
Legal Services Corporation (LSC).\5\
---------------------------------------------------------------------------
    \5\ See Legal Needs and Services in Indian Country--1998 Report to 
the Legal Services Corporation.
---------------------------------------------------------------------------

     c. united states ``rule of law assistance'' to foreign nations

    Since 1945, the United States has spent billions of dollars 
in overseas assistance to boost foreign economics and cultivate 
democracy around the world. These funds have included 
assistance for physical infrastructure, education, health care 
and private sector development.
    The U.S. has also recognized the importance of well-
functioning justice systems. A major component of the U.S. 
foreign development strategy is ``Rule of Law Assistance'' 
provided to assist in the development of foreign judicial and 
justice systems.
    The General Accounting Office (GAO) reports that from 1993 
to 1998, Congress appropriated $970 million for foreign ``rule 
of law programs'', with $75 million slated for foreign courts. 
Funding made available under this program is for legal, 
judicial, and law enforcement purposes in both the civil and 
criminal contexts.\6\
---------------------------------------------------------------------------
    \6\ See Rule of Law Funding Worldwide: FY 1993-1998, GAO/NSIAD-99-
158, June 1999.
---------------------------------------------------------------------------

         D. S. 1508 and building strong tribal justice systems

    The Indian Tribal Justice Technical and Legal Assistance 
Act of 1999 is intended to complement existing efforts to 
support tribal courts, such as the 1993 Indian Tribal Justice 
Act which is ``housed'' in the Department of Interior. The bill 
is not intended to supplant the 1993 Act or other authority 
such as the Snyder Act of 1921, 25 U.S.C. Sec. 13.
    S. 1508 authorizes the Department of Justice to award 
grants to legal services and non-profit organizations to help 
build the capacity of tribal courts and justice systems, and 
provides a 4-year authorization of appropriations with grant 
amounts subject to the availability of annual appropriations. 
S. 1508 authorizes the Attorney General, in consultation with 
the Office of Tribal Justice (OTJ) in the Department of 
Justice, to provide funding for 3 categories of activities:
          1. Training and Technical Assistance: Section 101 
        authorizes grants to national or regional organizations 
        whose members are tribal justice system personnel to 
        provide training and technical assistance for the 
        development, enrichment and enhancement of tribal 
        justice systems;
          2. Civil Legal Assistance: Section 102 authorizes 
        grants to non-profit legal services providers to 
        provide civil legal services to tribal members or 
        tribal justice systems; and
          3. Criminal Legal Assistance: Section 103 authorizes 
        grants to non-profit tribal legal services provider to 
        provide criminal legal assistance to tribal members of 
        tribal justice systems.

           Amendment in the Nature of a Substitute to S. 1508

    The amendment in the nature of a substitute to S. 1508 
makes two changes to the bill as introduced. The first 
amendment, deals with funding for activities related to the 
administration of tribal justice and tribal courts by 
Department of Justice (DoJ) pursuant to the Joint Department of 
Interior-Department of Justice Law Enforcement Initiative begun 
in 1997. As part of the FY 2000 Commerce, Justice and State 
(CJS) Appropriations bill, the House subcommittee refused to 
provide funding for these activities because, in the opinion of 
the House subcommittee, they lacked authorization. The 
amendment to S. 1508 is proposed to eliminate any confusion 
over the authorization for the DoJ to fund and carry out these 
programs and activities.
    The second amendment authorizes appropriations under the 
1993 Indian Tribal Justice Act, from FY2001 through FY2007. The 
current authorization for appropriations under the 1993 Act 
will expire with the end of fiscal year 2000.

                          Legislative History

    S. 1508, the Indian Tribal Justice System Legal and 
Technical Assistance Act of 1999, was introduced on August 5, 
1999 by Senator Campbell, and was referred to the Committee on 
Indian Affairs where a hearing was held on September 29, 1999.

            Committee Recommendation and Tabulation of Vote

    On October 12, 1999 the Committee on Indian Affairs, in an 
open business session, adopted an amendment in the nature of a 
substitute to S. 1508 by a unanimous vote of the members 
present and ordered the bill, as amended, reported favorably to 
the Senate.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that the Act may be cited as the 
``Indian Tribal Justice Technical and Legal Assistance Act of 
1999.''

Section 2. Findings

    This section contains eleven findings and declaration, 
including: a recognition of the government-to-government 
relationship between the United States and Indian tribes; that 
Indian tribes are responsible for exercising governmental 
authority over Indian lands; that the rate of violent crime in 
Indian country is twice the national rate and poses an obstacle 
to investment, job creation and economic growth; that tribal 
justice systems are essential for ensuring the health, safety 
and political integrity of tribal governments and have been 
repeatedly recognized by the federal government as the most 
appropriate forums for the resolution of disputes over personal 
and property rights on Indian lands; enhancing tribal justice 
systems and improving access to them advances the federal 
policies of self-determination and economic self-sufficiency; 
tribal court personnel membership organizations have served a 
critical role in providing necessary training and technical 
assistance for tribal justice systems; and Indian legal 
services programs have provided cost effective legal assistance 
to Indian people and contribute to the development of tribal 
justice systems and tribal jurisprudence.

Section 3. Purposes

    This section sets forth five purposes for the Act, 
including: to carry out the responsibility of the United States 
to Indian tribes and members of Indian tribes to ensure access 
to quality technical and legal assistance; to strengthen and 
improve the capacity of tribal justice systems; to strengthen 
tribal governments and tribal economies; to encourage 
collaborative efforts between organizations of tribal justice 
system personnel and non-profit entities which provide legal 
assistance for Indian tribes, their members and tribal justice 
systems; and, to assist in the development of tribal justice 
systems by complementing prior Congressional efforts such as 
the Indian Tribal Justice Act.

Section 4. Definitions

    This section sets forth definitions for the following 
terms: Attorney General, Indian Lands (including Indian 
reservations and former Indian reservations in Oklahoma), 
Indian tribe, judicial personnel, non-profit entities, Office 
of Tribal Justice and Tribal Justice System.

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


Section 101

    Tribal Justice Training and Technical Assistance Grants. 
This section provides authorization for the Attorney General to 
make grant awards to national or regional judicial system 
personnel membership organizations and associations to provide 
training and technical assistance for the development, 
enhancement and enrichment of tribal justice systems, subject 
to the availability of appropriations and in consultation with 
the Office of Tribal Justice.

Section 102. Tribal civil legal assistance grants

    This section provides authorization for the Attorney 
General to make grant awards to non-profit entities which 
provide civil legal assistance services for Indian tribes, 
members of Indian tribes or tribal justice systems, subject to 
the availability of appropriations and in consultation with the 
Office of Tribal Justice.

Section 103. Tribal criminal assistance grants

    This section provides authorization for the Attorney 
General to make grant awards to non-profit entities which 
provide criminal legal assistance services for Indian tribes, 
members of Indian tribes or tribal justice systems, subject to 
the availability of appropriations and in consultation with the 
Office of Tribal Justice.

Section 104. No offset

    This section prohibits any federal agency from using funds 
provided to Indian tribal justice system organizations or 
Indian legal services organizations pursuant to this Act as an 
offset to funds otherwise available for use in connection with 
technical or legal assistance to tribal justice systems or 
members of Indian tribes.

Section 105. Tribal authority

    This section provides that nothing in this Act shall be 
construed to: diminish the inherent sovereign authority of an 
Indian tribe to determine the role of its tribal justice system 
in its tribal government, the authority the tribal government 
to appoint personnel or the apportionment of authority within 
the tribal government; alter traditional tribal dispute 
resolution fora; or, imply that a tribal justice system is an 
instrumentality of the United States or diminish the trust 
responsibility of the United States.

Section 106. Authorization of appropriations

    This section authorizes the appropriation of such sums as 
may be necessary for fiscal years 2000 through 2004.

                     TITLE II--INDIAN TRIBAL COURTS


Section 201. Grants

    This section provides that the Attorney General may award 
grants and provide technical assistance to Indian tribes for 
the development, enhancement and continuing operation of tribal 
justice systems including: code development; the development of 
inter-tribal courts and appellate systems; probation services, 
sentencing and alternative sentencing and diversion programs; 
juvenile justice services and multi-disciplinary protocols for 
child physical and sexual abuse; and, traditional tribal 
justice practices and dispute resolution methods. The Attorney 
General may consult with the Office of Tribal Justice or other 
appropriate federal officials and promulgate regulations to 
carry out this Title of the Act. Such sums as may be necessary 
are authorized to be appropriated for fiscal years 2000 through 
2004.

Section 202. Tribal justice systems

    This section amends 25 U.S.C. Sec. 3621 (P.L. 103-176, 
Section 201) to extend the authorization for appropriations 
from fiscal year 2000 to fiscal year 2000 through 2007 for the 
Office of Tribal Justice Support and the annual update of the 
survey of tribal justice systems, base support funding for 
tribal justice systems, the administrative expenses for Tribal 
Judicial Conferences.

                  Congressional Budget Office Estimate

    The cost estimate for S. 1508 as calculated by the 
Congressional Budget Office is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 25, 1999.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1508, the Indian 
Tribal Justice Technical and Legal Assistance Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1508--Indian Tribal Justice Technical and Legal Assistance Act of 
        1999

    Summary: S. 1508 would authorize funding for programs that 
support tribal justice systems. The bill would authorize the 
appropriation of $464 million over the 2000-2007 period, 
including $58 million already authorized for 2000, for the 
Secretary of the Interior to carry out certain provisions of 
the Indian Tribal Justice Act. S. 1508 also would authorize the 
Attorney General to make grants to organizations to develop and 
strengthen tribal justice systems. CBO estimates this effort 
would cost about $5 million annually, assuming appropriation of 
that amount. In 1999, neither the Department of the Interior 
(DOI) nor the Department of Justice (DOJ) received any 
appropriations to implement programs that would be authorized 
by S. 1508.
    Based on information from DOI and DOJ, CBO estimates that 
implementing S. 1508 would cost $232 million over the 2000-2004 
period, assuming appropriation of the authorized amounts. The 
bill would not affect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply. S. 1508 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Estimated cost to the Federal Government: For purposes of 
this estimate, CBO assumes that S. 1508 will be enacted early 
in fiscal year 2000 and that the authorized amounts will be 
provided for each year. Estimates of outlays are based on 
historical spending patterns for similar programs. The 
estimated budgetary impact of S. 1508 is shown in the following 
table. The costs of this legislation fall within budget 
functions 450 (community and regional development) and 750 
(administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal years, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2000     2001     2002     2003     2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending on Tribal Justice Systems Under Current Law:
    Authorization Level \1\........................................       58        0        0        0        0
    Estimated Outlays..............................................       41       13        2        0        0
Proposed Changes:
    Estimated Authorization Level..................................        5       63       63       63       63
    Estimated Outlays..............................................        5       46       59       61       61
Spending on Tribal Justice Systems Under S. 1508:
    Estimated Authorization Level..................................       63       63       63       63       63
    Estimated Outlays..............................................       46       59       61       61       61
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount authorized under current law. Thus far, no appropriations have been provided
  for 2000.

    Basis of estimate: S. 1508 would authorize the 
appropriation of $58 million a year for fiscal years 2000 
through 2007 for the Secretary of the Interior to establish and 
operate the Office of Tribal Justice Support. Under current 
law, $58 million is already authorized in 2000 for this work, 
but no funds have been appropriated thus far. The purpose of 
the office would be to develop, operate, and enhance tribal 
justice systems and traditional judicial practices of tribal 
governments. Based on information from DOI, CBO estimates that 
implementing this provision would cost $207 million over the 
2000-2004 period, assuming annual appropriation of the 
authorized amount.
    S. 1508 also would authorize the Attorney General to make 
grants to organizations representing personnel of tribal 
judicial systems and to nonprofit organizations providing legal 
services to tribes. The Attorney General would provide grants 
and technical assistance to tribes to assist them in developing 
and operating tribal justice systems and related programs. 
Based on information from DOJ, CBO estimates that implementing 
these provisions would require an annual appropriation of $5 
million, and would result in spending of $25 million over the 
2000-2004 period.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1508 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Megan Carroll.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill to 
evaluate the regulatory paperwork impact that would be incurred 
in implementing the legislation. The Committee has concluded 
that enactment of S. 1508 will create only de minimis 
regulatory or paper work burdens.

                        Executive Communications

    At the hearing on S. 1508 on September 29, 1999, the 
President of the Legal Services Corporation, John McKay and 
Mark Van Norman, Director of the Office of Tribal Justice in 
the Department of Justice, appeared and testified before the 
Committee in support of S. 1508. In addition Kevin Gover, 
Assistant Secretary for Indian Affairs in the Department of the 
Interior submitted a written statement for the record of the 
hearing, also in support of S. 1508. The statements of 
President McKay, Director Van Norman and Assistant Secretary 
Gover follow:

     Statement of John McKay, President, Legal Services Corporation

    Good morning, Chairman Campbell and distinguished members 
of the Senate Indian Affairs Committee. Thank you very much for 
the opportunity to testify on S. 1508, the Indian Tribal 
Justice System Technical and Legal Assistance Act of 1999. The 
Legal Services Corporation (``LSC'' or ``the Corporation'') 
appreciates your invitation to offer our comments on this 
legislation.
    Because this opportunity to appear before the Senate Indian 
Affairs Committee is a unique opportunity for the Corporation, 
let me provide the Committee with some background on LSC.
    The Legal Services Corporation is a private, non-profit 
corporation established by Congress in 1974 to seek to ensure 
equal access to justice under the law for all Americans. Our 
mission is to promote access to our system of justice to 
improve opportunities for low-income people throughout the 
United States by providing high quality civil legal 
representation to those who would otherwise be unable to afford 
it. The Corporation provides grants to local legal services 
programs to address critical legal problems for eligible 
clients and their families in every state and county in the 
United States.
    LSC is headed by an 11-member Board of Directors appointed 
by the President and confirmed by the Senate. By law, the Board 
is bipartisan: no more than six members may be of the same 
political party. Local programs are governed by their own 
Boards of Directors, which set priorities and determine the 
types of cases that will be handled by the program, subject to 
restrictions set by Congress. A majority of each local Board is 
appointed by local bar associations. One-third of each local 
Board is composed of client representatives appointed by client 
groups. Programs may supplement their LSC grants with 
additional funds from state and local governments, IOLTA 
(Interest on Lawyer Trust Accounts) programs, other federal 
agencies, bar associations, United Way and other charitable 
organizations, foundations and corporations, and individual 
donors. They further leverage federal funds by involving 
private attorneys in the delivery of legal services for the 
poor, mostly through volunteer pro bono work. LSC-funded 
programs do not handle criminal cases, nor do they accept fee-
generating cases that private attorneys are willing to accept 
on a contingency basis.
    I should note that, pursuant to congressional direction in 
1996, LSC funded programs are prohibited from engaging in class 
actions, challenges to welfare reform, collection of court-
awarded attorneys' fees, many types of lobbying, litigation on 
behalf of prisoners, and representation of undocumented and 
other categories of aliens.
    The Legal Services Corporation strongly supports S. 1508, 
legislation recently introduced by Chairman Campbell. This bill 
would authorize the Attorney General to award grants to 
national or regional tribal justice system organizations or 
non-profit entities that provide legal assistance services for 
tribes and tribal members for the purpose of improving tribal 
judicial systems through training, technical assistance, and 
civil legal and criminal assistance. LSC appreciates that the 
thirty Indian Legal Services (ILS) programs that receive LSC 
funding are specifically included as eligible entities to whom 
the Attorney General may award grants for civil legal and 
criminal assistance programs under Sections 102 and 103 of the 
bill.
    Since 1968, ILS programs have been performing essential 
capacity building services to many tribal courts across the 
country, and have provided representation of Indian individuals 
in those courts. ILS programs have assisted tribes in such 
activities as the development of tribal courts, development of 
written tribal codes, and training of tribal judges and lay 
advocates, as well as provided legal representations to 
individual Native people and, in some cases, where permitted 
under the LSC Act and governing regulations, to tribal 
governments themselves.
    An important theme of the Senate Indian Affairs Committee 
this year has been the facilitation and enhancement of strong 
tribal government, reservation infrastructure and economic 
opportunities for American Indians, Alaska Natives and Native 
Hawaiians. Just as the staggering poverty and unemployment 
statistics of many tribal reservations are an anomaly to the 
glowing reports of the economic health of America, so too the 
lack of equal access to the courts for many poor, small, rural 
and/or tribal communities undermines the overall level of 
confidence in our justice system. Without the full 
participation of the individuals in these communities and all 
others who must rely on our justice system to access the rights 
guaranteed to them through the Constitution, our nation's 
promise of ``equal justice under law'' is illusory.
    Whether greater confidence in tribal courts is achieved 
through the provision of training or through technical or civil 
legal assistance, the broad goal of ensuring equal access to 
justice through equipping tribal justice system personnel with 
additional skills and tools will benefit individuals, local 
businesses, contractors of various services, school districts, 
and local governments--in short, these steps will benefit 
entire communities, Native and non-Native.
    The legislation's goal is also consistent with the intent 
of the Committee in a number of bills it has considered this 
year to maximize resources and to encourage partnerships. LSC 
recognizes that its funding alone is not sufficient to meet the 
vast unmet legal needs of low-income people in this nation, 
particularly in the Native American community. Any additional 
sources of funding can only benefit the ability of ILS programs 
to serve eligible Indian tribes and individuals who cannot 
afford legal assistance. LSC views the additional direct tie 
between LSC Indian Legal Services programs and the Department 
of Justice that would be authorized under this Act as an 
exciting opportunity to strengthen legal assistance to Native 
Americans.
    On behalf of LSC, thank you for this opportunity to comment 
on S. 1508. The Corporation supports this initiative, and urges 
the Committee to take favorable action on the bill in the near 
future.
                                ------                                


  Statement of Mark C. Van Norman, Director, Office of Tribal Justice

    Good morning, Mr. Chairman and Members of the Committee. I 
am Mark Van Norman, Director, Office of Tribal Justice, 
Department of Justice. Thank you for inviting me to testify on 
S. 1508, the Indian Tribal Justice Technical and Legal 
Assistance Act of 1999.
    In our view, S. 1508 would complement the joint Justice-
Interior Indian Law Enforcement Improvement Initiative. The 
bill would promote the development of sound tribal justice 
systems by increasing resources for training and technical 
assistance. In addition, the bill would provide adjunct civil 
legal assistance to impoverished tribal members which would be 
significant in relation to civil rights, child custody matters, 
housing, social services, and other areas. Tribal members are 
often underserved in these areas. The bill would enhance 
criminal legal assistance to indigent Indian defendants and 
impoverished families and young people in the tribal justice 
systems, which, in addition to being desperately needed now, 
seems only fair in view of the increases in funding for tribal 
law enforcement. In our view, improving assistance to Indian 
communities in these areas would improve the administration of 
justice in tribal courts and enhance our overall efforts to 
improve tribal law enforcement and justice systems.
I. Government-to-government relations
    Let me begin by emphasizing the fundamental principles that 
guide the work of the Department of Justice with Indian tribes, 
before discussing the problems of violent crime among American 
Indians, and our current efforts to assist tribal courts and 
justice systems.
    Congress and the Executive Branch acknowledge the 
importance of working with Indian tribes within the framework 
of government-to-government relations when tribal self-
government, tribal land and resources, treaty rights, or other 
tribal rights are concerned. Federal Government-to-government 
relations with tribal governments are rooted in historical 
treaty relations and the ongoing trust responsibility of the 
United States. President Clinton recently affirmed that:

          Since the formation of the Union, the United States 
        has recognized Indian tribes as domestic dependent 
        nations under its protection. In treaties, our Nation 
        has guaranteed the right of Indian tribes to self-
        government. As domestic dependent nations, Indian 
        tribes exercise inherent sovereign powers over their 
        members and territory.\1\
---------------------------------------------------------------------------
    \1\ Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments (1998); 63 Fed. Reg. 27655 (1998).

Similarly, Congress has declared that the Federal trust 
responsibility ``includes the protection of the sovereignty of 
each tribal government.'' \2\
---------------------------------------------------------------------------
    \2\ 25 U.S.C. sec. 3601.
---------------------------------------------------------------------------
II. Violent crime and law enforcement in Indian country
    In addition to the Federal Government's trust relationship 
with Indian tribes, the United States' basic responsibility to 
preserve public safety for residents of Indian communities 
derives from federal statutes, such as the Indian Major Crimes 
Act and the General Crimes Act,\3\ that provide for federal 
jurisdiction over felony crimes, such as murder, rape, robbery, 
and serious assaults by or against Indians in Indian country. 
The U.S. Attorneys prosecute such felony crimes in most of 
Indian country. Tribal police and law enforcement agencies 
serve as first responders to Indian country crimes and assist 
the FBI and the BIA in responding to and investigating felony 
crimes. Tribal courts and prosecutors try and punish 
misdemeanor Indian crimes. Thus, an effective tribal criminal 
justice system is an essential adjunct to effective Federal law 
enforcement in Indian country.\4\
---------------------------------------------------------------------------
    \3\ 18 U.S.C. secs. 1152 and 1153.
    \4\ Under Public Law No. 83-280, the Congress delegated to some 
states criminal jurisdiction overs Indians in Indian country, and in 
those states, Indian tribes retain inherent authority over misdemeanor 
crimes by Indian offenders and often serve as the first responders to 
Indian country crime.
---------------------------------------------------------------------------
    While crime rates have fallen throughout the Nation, 
federal and tribal law enforcement agencies report that violent 
crime in Indian country is rising. The Bureau of Justice 
Statistics (B.J.S.) explained in its report, American Indians 
and Crime (1999), that American Indians have the highest 
violent crime victimization rates of any group in the Nation. 
From 1992-1996, the violent victimization rate for American 
Indians (124 violent crimes per 1,000) was more than twice the 
rate for the Nation as a whole (50 per 1,000).\5\ Violence 
against American Indian women is severe.\6\ American Indians 
suffer 7 rapes or sexual assaults per 1,000 compared to 3 per 
1,000 among Blacks, 2 per 1,000 among whites, and 1 per 1,000 
among Asians. Child abuse and neglect are also serious problems 
among American Indians. The National Child Abuse and Neglect 
Data System of the Department of Health and Human Services 
reports that the rate of substantiated child abuse and neglect 
among American Indian children was the highest of any group in 
1995 (the most recent year for which statistics were 
available).\7\
---------------------------------------------------------------------------
    \5\ Alcohol use is strongly associated with crime among American 
Indians. In 55% of violent crimes against American Indians, the victims 
report that the offender was under the influence of alcohol, drugs, or 
both. In addition, the 1996 arrest rate for alcohol related offenses 
(driving under the influence, liquor violations, etc.) among American 
Indians and Alaska Natives was more than double that of the general 
population.
    \6\ The BJS report details violence among victims age 12 and over. 
In addition, BJS statistics are derived from American Indian households 
throughout the Nation, in reservation and off-reservation settings. 
Reports from the FBI, BIA, and tribal law enforcement agencies indicate 
that the violent crime problems on many of the large western Indian 
reservations may be worse than these overall national rates.
    \7\ Rates were calculated on the number of children age 14 or 
younger because they account for at least 80% of the victims of child 
abuse and neglect.
---------------------------------------------------------------------------
    Violent crime by juvenile offenders and Indian youth gangs 
is on the rise in many Indian communities. The number of Indian 
youth in Bureau of Prisons (BOP) custody has increased by 50% 
since 1994. Demographics contribute to the growing problem of 
juvenile delinquency and violence in Indian country. throughout 
the Nation, the median age of American Indians is 24.2 years 
compared with 32.9 years of other Americans. On many Indian 
reservations, roughly half of the population is under 18 years 
of age.
    In 1997, recognizing the severity of violent crime problems 
in Indian country, the President directed the Attorney General 
and the Secretary of the Interior to develop a plan to improve 
public safety and criminal justice in Indian communities. The 
DOJ/DOI Executive Committee on Indian Country Law Enforcement 
Improvements found that tribal police and criminal justice 
systems face severe shortages among police, criminal 
investigators, detention, and court staff and resources. Tribal 
law enforcement agencies also lack basic communications and 
information equipment and technology. The Navajo Nation, the 
largest land based Indian tribe with 17 million acres of land, 
has 0.9 police officers per 1,000 compared with 2.3 officer per 
1,000 in off-reservation communities. the Attorney General and 
the Secretary approved the Executive Committee's findings and 
recommendation to increase law enforcement assistance to tribal 
governments. In response, the Administration established the 
Indian Law Enforcement Improvement Initiative. In Fiscal Year 
1999, Congress appropriated $89 million for the Justice 
Department for grants to Indian tribes for tribal law 
enforcement officers, equipment, detention centers, juvenile 
justice programs, and tribal courts, and for more FBI agents in 
Indian country. For Fiscal Year 2000, the Administration has 
requested $124 million for the Justice Department for the 
Indian Law Enforcement Improvement Initiative, including $5 
million for tribal courts.
III. Tribal courts, criminal and civil justice
    Under the longstanding Federal policy promoting self-
government for Indian tribes, the United States has 
consistently promoted the development of tribal courts. Under 
the Indian Reorganization Act of 1934, for example, Congress 
encouraged Indian tribes to develop and ratify written 
constitutions and in assisting Indian tribes under the Act, the 
Secretary of the Interior encouraged tribal governments to 
develop tribal courts.\8\ Similarly, the Indian Civil Rights 
Act affirms tribal court jurisdiction over crimes by Indians in 
tribal territory.\9\ Tribal courts also have recognized 
authority over civil matters, such as dometic relations,\10\ 
probate,\11\ torts,\12\ housing,\13\ debt, collection,\14\ 
environmental regulation,\15\ business activities on Indian 
lands,\16\ management of Indian lands and natural 
resources,\17\ and other matters. Congress has declared that 
tribal courts are ``appropriate forums for the adjudication of 
disputes affecting personal and property rights'' and ``for 
ensuring public health and safety and the political integrity 
of tribal governments.'' \18\
---------------------------------------------------------------------------
    \8\ 25 U.S.C. sec. 476. For example, the Constitution of the Hopi 
Tribe provides that the Hopi Tribal Council shall have the power to: 
``set up courts for the settlement of claims and disputes, and for the 
trial and punishment of Indians within the jurisdiction charged with 
offenses against [tribal] ordinances.'' Hopi Tribe Const. Art. VI, sec. 
1(g). Before the Indian Reorganization Act a few Indian tribes had 
established tribal courts based on the Anglo-American model, see Talton 
v. Mayes, 163 U.S. 376 (1896) (determinations as to the meaning of 
Cherokee law on grand jury proceedings ``were matters solely within the 
jurisdiction of the courts of that nation''), while other Indian tribes 
had Courts of Indian Offenses operated by the Department of the 
Interior, 25 C.F.R. part 11, or traditional dispute resolution systems. 
K. Llewelyn & E. Hoebel, The Cheyenne Way (1987) at 111-113 (describing 
traditional Cheyenne law).
    \9\ 25 U.S.C. sec. 1301 (`` `powers of self-government' means and 
includes all governmental powers possessed by an Indian tribe, 
executive, legislative, and judicial [including] the inherent power of 
Indian tribes to * * * exercise criminal jurisdiction over all 
Indians'').
    \10\ Fisher v. District Court, 424 U.S. 382 (1976); United States 
v. Quiver, 241 U.S. 602, 603 (1916); cf. John v. Baker, 982 P.2d 738 
(Ak 1999) (Although Alaska Native Claims Settlement Act lands are not 
``Indian country'' for 18 U.S.C. sec. 1151 purposes, Alaska Native 
villages are federally recognized Indian tribes with concurrent 
jurisdiction over tribal members).
    \11\ 25 U.S.C sec. 2205.
    \12\ Gesinger v. Gesinger, 531 N.W.2d 17(SD 1995).
    \13\ Northwest Production Credit Association v. Smith, 784 F.2d 323 
(1986).
    \14\ Williams v. Lee, 358 U.S. 217 (1959).
    \15\ Montana v. EPA, 137 F.3d 1135 (9th Cir.) cert. denied, 119 S. 
Ct. 275 (1998).
    \16\ Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982); Kerr-
McGee v. Navajo Tribe, 471 U.S. 195 (1985).
    \17\ New Mexico v. Mescalero Apache Tribe, 462 U.S. 324 (1983).
    \18\ 25 U.S.C. sec. 3601.
---------------------------------------------------------------------------
    Recognizing the evolving role of tribal courts within our 
Federalist system, the Honorable Sandra Day O'Connor, Associate 
Justice of the United States Supreme Court, has written:

          Today, in the United States we have three types of 
        sovereign entities--the Federal government, the States, 
        and the Indian tribes. Each of the three sovereigns has 
        its own judicial system, and each plays an important 
        role in the administration of justice in this country. 
        * * * The role of tribal courts continues to expand, 
        and these courts have an increasingly important role to 
        play in the administration of the laws of our 
        nation.\19\
---------------------------------------------------------------------------
    \19\ Hon. Sandra Day O'Connor, Associate Justice, U.S. Supreme 
Court, ``Lessons from the Third Sovereign: Indian Tribal Courts,'' The 
Tribal Court Record (1996) at 12, 14.

Under the Indian Self-Determination Policy, tribal court 
systems have been rapidly expanding to serve their communities. 
In 1978, there were ``71 tribal courts, 32 CFR courts, and 16 
traditional courts.'' \20\ Today, there are over 250 tribal 
courts, including intertribal court systems like the Nevada 
Intertribal Court of Appeals, which serves 24 Indian tribes. 
Tribal court dockets are increasing dramatically. In 1996, the 
Honorable William C. Canby, Jr., Senior Circuit Judge, United 
States Court of Appeals wrote that:
---------------------------------------------------------------------------
    \20\ U.S. Civil Rights Commission, The Indian Civil Rights Act 
(1991) at 29.

          The tribal courts are doing a huge business, and we 
        in the federal and state judiciary could not do without 
        them. The courts of the Navajo Nation this year will 
        decide about 25,000 civil and criminal cases, and this 
        figure does not include traffic offenses, juvenile 
        matters, alternative traditional court proceedings, or 
        appeals. The smaller Gila River Indian Community Court 
        decided 3,200 cases last year. A disappearance of the 
        tribal court system would be a major disaster, not just 
        for the tribes and their courts, but for our whole 
        national system of civil and criminal justice.\21\
---------------------------------------------------------------------------
    \21\ Hon. W.C. Canby, Jr., ``Tribal Courts, Viewed From A Federal 
Judge's Perspective,'' The tribal Court Record (1996 at 16-17.

    In our policy on government-to-government relations with 
Indian tribes, the Justice Department has pledged to ``support 
and assist Indian tribes in the development of their law 
enforcement systems, tribal courts, and traditional justice 
systems.'' See 61 Fed. Reg. 29424 (1996). In 1995, the Justice 
Department helped to coordinate an academic conference and an 
articles symposium on tribal courts, and the Attorney General 
explained:
          While the federal government has a significant 
        responsibility for law enforcement in much of Indian 
        country, tribal justice systems are ultimately the most 
        appropriate institutions for maintaining order in 
        tribal communities. They are local institutions, 
        closest to the people they serve. With adequate 
        resources and training, they are most capable of crime 
        prevention and peace keeping. * * *
          Tribal courts are essential mechanisms for resolving 
        civil disputes that arise on the reservation or 
        otherwise affect the interests of the tribe or its 
        members. * * * The integrity of and respect for tribal 
        courts are critical for encouraging economic 
        development and investment on the reservation by 
        Indians and non-Indians alike.
          Tribal courts are also important vehicles for helping 
        to resolve family problems. They can bring families 
        together and hold parents and children accountable to 
        themselves, each other, and the community.\22\
---------------------------------------------------------------------------
    \22\ Hon. J. Reno, Attorney General of the United States, ``A 
federal commitment to tribal justice systems,'' 79 Judicature 113, 114 
(1995).

The Justice Department supports the BIA's efforts to provide 
assistance to tribal courts, and with our departmental mission 
of strengthening and assisting state, local, and tribal law 
enforcement and justice systems, we have begun complementary 
efforts to support and assist tribal courts and justice systems 
throughout the Nation. The Justice Department is working to 
promote cooperation between the Federal, tribal, and state 
court systems. For example, the Justice Department has 
sponsored Federal-Tribal judicial training on child sexual 
abuse cases, and the Office for Victims of Crime (OVC) is 
working with the University of North Dakota to fund 
scholarships for tribal judges to attend OVC training workshops 
on other issues related to crime victims. The National Judicial 
College, which provides training courses for Federal and state 
judges, is developing a special curriculum for tribal court 
judges under a Justice Department grant. Similarly, recognizing 
the significance of traditional tribal justice systems, the 
Office of Juvenile Justice and Delinquency Prevention will 
sponsor a workshop on traditional tribal justice at the 
Mississippi Band of Choctaw's tribal headquarters in November 
1999.
    The Justice Department has also included a number of tribal 
courts in grant programs generally available to state, local, 
and tribal justice systems, like the Drug Courts Program (DCP). 
For example, the Hualapai Tribal Court of Arizona used a DCP 
grant to establish a ``Wellness Court'' to assist tribal 
members who are chronically involved in the criminal justice 
system due to non-violent alcohol-related offenses. Several 
Alaska Native villages, which suffer from high levels of 
alcohol abuse, have initiated similar DCP efforts. For Fiscal 
Year 1999, the Drug Courts Program has made 7 planning grants 
and 2 implementation grants to Indian tribes, totaling $506,448 
out of its $40 million national program.\23\
---------------------------------------------------------------------------
    \23\ In Fiscal Year 1998, DCP awarded Indian tribes 13 planning 
grants and 8 implementation grants totaling $2,321,000 out of a $30 
million national program, and in Fiscal year 1997, DCP awarded Indian 
tribes 13 planning grants and 9 implementation grants totaling 
$1,000,000 out of a $30 million national program.
---------------------------------------------------------------------------
    In addition, when planning the Indian Law Enforcement 
Improvement Initiative, tribal courts were facing rapidly 
increasing caseloads and we recognized that the influx of 
funding for tribal police officers would inevitably increase 
tribal court caseloads further. So, the Justice Department 
included a tribal court program as an essential part of the 
overall initiative to fight violent crime and promote public 
safety. For Fiscal Year 1999, Congress appropriated $5 million 
under the Justice Department Tribal Court program ``to assist 
tribal governments in the development, enhancement, and 
continuing operations of tribal justice systems.'' 
Demonstrating the high level of need for this program, 181 
Indian tribes submitted applications for funding under this 
program. From among these applications, on behalf of the Office 
of Justice Programs, the Bureau of Justice Assistance (BJA) is 
awarding 15 large tribal court enhancement grants ranging up to 
$100,000, 15 small tribal court enhancement grants ranging up 
to $50,000, and a number of tribal court planning grants of up 
to $30,000. In addition, BJA will award substantial tribal 
court technical assistance grants and one or more tribal court 
technical assistance providers.
    As noted above, for Fiscal Year 2000, the Justice 
Department has requested $5,000,000 for the Tribal Court 
Program. We recognize that ``tribal courts play a vital role in 
tribal self-government,'' \24\ and we view the Department's 
Tribal Court program as a very significant component of the 
overall joint Justice-Interior initiative to improve tribal law 
enforcement and justice systems to address violent crime in 
Indian communities.
---------------------------------------------------------------------------
    \24\ Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9, 14 (1987).
---------------------------------------------------------------------------
    The Bureau of Indian Affairs provides baseline funding for 
tribal courts through the Indian Self-Determination Act. In FY 
1999, the BIA had just over $11 million for tribal courts 
through this program and the Administration has requested 
nearly $14 million for FY 2000.\25\
---------------------------------------------------------------------------
    \25\ Due to program cuts and reprogramming, BIA funding for Tribal 
Courts has declined from just over $15 million in FY 1995 to just over 
$11 million in FY 1999.
---------------------------------------------------------------------------
IV. S. 1508, the Indian Tribal Justice Technical and Legal Assistance 
        Act of 1999
    As noted above, in our view, S. 1508, the Indian Tribal 
Justice Technical and Legal Assistance Act of 1999, would 
complement the joint Justice-Interior Indian Law Enforcement 
Improvement Initiative, and we have several specific comments 
in relation to the provisions of the bill.
    In regard to the findings, we suggest that finding (3) be 
redrafted as follows: ``the rate of violent crime 
victimizations committed againist American Indians is more than 
twice the national rate of violent crime victimizations.'' This 
will ensure that the finding better reflects the results of the 
BJS Report on American Indians and Crime (1999). In regard to 
tribal self-sufficiency, we recognize that many Indian tribes 
suffer high unemployment rates and economic deprivation and 
sound tribal court systems are an essential part of the tribal 
governmental infrastructure necessary to attract business to 
Indian communities. Addressing the White House Conference on 
Building Economic Self-Determination in Indian Communities on 
August 5, 1998, the Attorney General said: ``[I]t is important 
* * * to focus attention on tribal courts and * * * to give 
them the resources necessary to do the job.''
    In regard to Section 101, Tribal Justice Training and 
Technical Assistance Grants, we recommend that Indian tribes be 
among the membership of national or regional membership 
organizations and associations receiving grants hereunder. For 
example, the National Congress of American Indians (NCAI) is a 
national membership organiation consisting of Indian tribes, 
and NCAI may well be an appropriate technical assistance 
provider for tribal justice training.
    In regard to Section 102, we recommend inserting Indian 
tribes as eligible grantees because some Indian tribes are 
developing legal advocacy offices for tribal members in the 
area of violence against women and other areas. Consistent with 
the principle of government-to-government relations, Indian 
tribes should also be included to provide governmental and 
community services to Indian communities under their 
jurisdiction. In addition, to avoid duplication in the 
provision of services to Indian communities, we recommend that 
non-profit entities be required to submit a statement of 
support from the tribal government with jurisdication over the 
Indian community or communities to be served, or a statement 
demonstrating that there is no duplication of or conflict with 
existing tribal government services in the area.
    In regard to Section 103, similar changes should be made to 
promote consistency with the principle of government-to-
government relations and to avoid duplication of services. 
Moreover, where there is funding for the public defense of 
indigent defendants in the Federal courts under the Criminal 
Justice Act, tribal courts are not receiving funding under that 
Act. Accordingly, it would be appropriate to ensure that 
funding under this section is primarily directed to enhancing 
the public defense of indigent defendants in tribal courts. We 
are available to work with the Committee's staff on these 
issues, if that would be of assistance.
V. Conclusion
    In conclusion, American Indian communities face serious 
problems of rising violent crime, including violence against 
women, gang activity, juvenile deliniquency, and child abuse. 
Federal and tribal law enforcment officials in the field report 
that poverty and alcohol abuse are substantial contributing 
factors to these problems. Justice and Interior have undertaken 
the Indian Law Enforcmenet Improvement Initiative to address 
these crime problems. S. 1508 would complement our overall 
inititative.
    Tribal courts are also an important part of the tribal 
governmental infrastructure necessary to build economic self-
sufficiency in Indian communities. This bill would enhance the 
development of strong tribal courts, and thereby, promote the 
long-term goal of economic self-sufficiency for Indian 
communities.

                            Office of the Attorney General,
                                                    Washington, DC.

 Department of Justice Policy on Indian Sovereignty and Government-to-
                Government Relations With Indian Tribes

    Purpose: to reaffirm the Department's recognition of the 
sovereign status of federally recognized Indian tribes as 
domestic dependent nations and to reaffirm adherence to the 
principles of government-to-government relations; to inform 
Department personnel, other federal agencies, federally 
recognized Indian tribes, and the public of the Department's 
working relationships with federally recognized Indian tribes; 
and to guide the Department in its work in the field of Indian 
affairs.


                            i. introduction


    From its earliest days, the United States has recognized 
the sovereign status of Indian tribes as ``domestic dependent 
nations.'' Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1, 17 
(1831). Our Constitution recognizes Indian sovereignty by 
classing Indian treaties among the ``supreme Law of the land,'' 
and establishes Indian affairs as a unique area of federal 
concern. In early Indian treaties, the United States pledged to 
``protect'' Indian tribes, thereby establishing one of the 
bases for the federal trust responsibility in our government-
to-government relations with Indian tribes. These principles 
continue to guide our national policy towards Indian tribes.
A. The executive memorandum on government-to-government relations 
        between the United States and Indian tribes
    On April 29, 1994, at a historic meeting with the heads of 
tribal governments, President Clinton reaffirmed the United 
States' ``unique legal relationship with Native American tribal 
governments'' and issued a directive to all executive 
departments and agencies of the Federal government that:

          As executive departments and agencies undertake 
        activities affecting Native American tribal rights or 
        trust resources, such activities should be implemented 
        in a knowledgeable, sensitive manner respectful of 
        tribal sovereignty.

    President Clinton's directive requires that in all 
activities relating to or affecting the government or treaty 
rights of Indian tribes, the executive branch shall:
          (1) operate within a government-to-government 
        relationship with federally recognized Indian tribes;
          (2) consult, to the greatest extent practicable and 
        permitted by law, with Indian tribal governments before 
        taking actions that affect federally recognized Indian 
        tribes;
          (3) assess the impact of agency activities on tribal 
        trust resources and assure that tribal interests are 
        considered before the activities are undertaken;
          (4) remove procedural impediments to working directly 
        with tribal governments on activities that affect trust 
        property or governmental rights of the tribes; and
          (5) work cooperatively with other agencies to 
        accomplish these goals established by the President.
    The Department of Justice is reviewing programs and 
procedures to ensure that we adhere to principles of respect 
for Indian tribal governments and honor our Nation's trust 
responsibility to Indian tribes. Within the Department, the 
Office of Tribal Justice has been formed to coordinate policy 
towards Indian tribes both within the Department and with other 
agencies of the Federal Government, and to assist Indian tribes 
as domestic dependent nations within the federal system.
B. Federal Indian self-determination policy
    President Clinton's executive memorandum builds on the 
firmly established federal policy of self-determination for 
Indian tribes. Working together with Congress, previous 
Presidents affirmed the fundamental policy of federal respect 
for tribal self-government. President Johnson recognized ``the 
right of the first Americans * * * to freedom of choice and 
self-determination.'' President Nixon strongly encouraged 
``self-determination'' among the Indian people. President 
Reagan pledged ``to pursue the policy of self-government 
basis'' for dealing with Indian tribes. President Bush 
recognized that the Federal Government's ``efforts to increase 
tribal self-governance have brought a renewed sense of pride 
and empowerment to this country's native peoples.''


   ii. principles of indian sovereignty and the trust responsibility


    Though generalizations are difficult, a few basic 
principles provide important guidance in the field of Indian 
affairs: (1) the Constitution vests Congress with plenary power 
over Indian affairs; (2) Indian tribes retain important 
sovereign powers over ``their members and their territory,'' 
subject to the plenary power of Congress; and (3) the United 
States has a trust responsibility to Indian tribes, which 
guides and limits the Federal Government in dealings with 
Indian tribes. Thus, federal and tribal law generally have 
primacy over Indian affairs in Indian country, except where 
congress has provided otherwise.


 iii. department of justice recognition of indian sovereignty and the 
                      federal trust responsibility


    The Department resolves that the following principles will 
guide its interactions with the Indian tribes.
A. The sovereignty of Indian tribes
    The Department recognizes that Indian tribes as domestic 
dependent nations retain sovereign powers, except as divested 
by the Untied States, and further recognizes that the United 
States has the authority to restore federal recognition of 
Indian sovereignty in order to strengthen tribal self-
governance.
    The Department shall be guided by principles of respect for 
Indian tribes and their sovereign authority and the United 
States' trust responsibility in the many ways in which the 
Department takes action on matters affecting Indian tribes. For 
example, the Department reviews proposed legislation, 
administers funds that are available to tribes to build their 
capacity to address crime and crime-related problems in Indian 
country, and in conjunction with the Bureau of Indian Affairs 
and tribal police, provides essential law enforcement in Indian 
country. The Department represents the United States, in 
coordination with other federal agencies, the litigation 
brought for the benefit of Indian tribes and individuals, as 
well as in litigation by Indian tribes or individuals against 
the United States or its agencies. In litigation as in other 
matters, the Department may take actions and positions 
affecting Indian tribes with which one or more tribes may 
disagree. In all situations, the Department will carry out its 
responsibilities consistent with the law and this policy 
statement.
B. Government-to-government relationships with Indian tribes
    In accord with the status of Indian tribes as domestic 
dependent nations, the Department is committed to operating on 
the basis of government-to-government relations with Indian 
tribes.
    Consistent with federal law and other Departmental duties, 
the Department will consult with tribal leaders in its 
decisions that relate to or affect the sovereignty, rights, 
resources or lands of Indian tribes. Each component will 
conduct such consolation in light of its mission. In addition, 
the Department has initiated national and regional listening 
conferences and has created the Office of Tribal Justice to 
improve communications with Indian tribes. In the Offices of 
the United States Attorneys with substantial areas of Indian 
country within their purview, the Department encourages 
designation of Assistant U.S. Attorneys to serve as tribal 
liaisons.
    In order to fulfill its mission, the Department of Justice 
endeavors to forge strong partnerships between the Indian 
tribal governments and the Department. These partnerships will 
enable the Department to better serve the needs of Indian 
tribes, Indian people, and the public at large.
C. Self-determination and self-governance
    The Department is committed to strengthening and assisting 
Indian tribal governments in their development and to promoting 
Indian self-governance. Consistent with federal law and 
Departmental responsibilities, the Department will consult with 
tribal governments concerning law enforcement priorities in 
Indian country, support duly recognized tribal governments, 
defend the lawful exercise of tribal governmental powers in 
coordination with the Department of the Interior and other 
federal agencies, investigate government corruption when 
necessary, and support and assist Indian tribes in the 
development of their law enforcement systems, tribal courts, 
and traditional justice systems.
D. Trust responsibility
    The Department acknowledges the federal trust 
responsibility arising from Indian treaties, statutes, 
executive orders, and the historical relations between the 
United States and Indian tribes. In a broad sense, the trust 
responsibility relates to the Untied States' unique legal and 
political relationship with Indian tribes. Congress, with 
plenary power over Indian affairs, plays a primary role in 
defining the trust responsibility, and Congress recently 
declared that the trust responsibility ``includes the 
protection of the sovereignty of each tribal government.'' 25 
U.S.C. Sec. 3601.
    The term ``trust responsibility'' is also used in a 
narrower sense to define the precise legal duties of the United 
States in managing property and resources of Indian tribes and, 
at times, of individual Indians.
    The trust responsibility, in both senses, will guide the 
Department in litigation, enforcement, policymaking and 
proposals for legislation affecting Indian country, when 
appropriate to the circumstances. As used in its narrower 
sense, the federal trust responsibility may be justifiable in 
some circumstances, while in its broader sense the definition 
and implementation of the trust responsibility is committed to 
Congress and the Executive Branch.
E. Protection of civil rights
    Federal law prohibits discrimination based on race or 
nation origin by the federal, state and local governments, or 
individuals against American Indians in such areas as voting, 
education, housing, credit, public accommodations and 
facilities, employment, and in certain federally funded 
programs and facilities. Various federal criminal civil rights 
statutes also preserve personal liberties and safety. The 
existence of the federal trust responsibility towards Indian 
tribes does not diminish the obligation of state and local 
governments to respect the civil rights of Indian people.
    Through the Indian Civil Rights Act, Congress selectively 
has derived essential civil rights protections from the Bill of 
Rights and applied them to Indian tribes. 25 U.S.C. Sec. 1301. 
The Indian Civil Rights Act is to be interpreted with the 
respect for Indian sovereignty. The primary responsibility for 
enforcement of the Act is invested in the tribal courts and 
other tribal fora. In the criminal law context, federal courts 
have authority to decide habeas corpus petitions after tribal 
remedies are exhausted.
    The Department of Justice is fully committed to 
safeguarding the constitutional and statutory rights of 
American Indians, as well as all other Americans.
F. Protection of tribal religion and culture
    The mandate to protect religious liberty is deeply rooted 
in this Nation's constitutional heritage. The Department seeks 
to ensure that American Indians are protected in the observance 
of their faiths. Decisions regarding the activities of the 
Department that have the potential to substantially interfere 
with the exercise of Indian religious will be guided by the 
First Amendment of the United States Constitution, as well as 
by statutes which protect the exercise of religion such as the 
Religious Freedom Restoration Act, the American Indian 
Religious Freedom Act, the Native American Graves Protection 
and Repatriation Act, and the National Historic Preservation 
Act.
    The Department also recognizes the significant federal 
interest in aiding tribes in the preservation of their tribal 
customs and traditions. In performing its duties in Indian 
country, the Department will respect and seek to preserve 
tribal cultures.


      iv. directive to all components of the department of justice


    The principles set out here must be interpreted by each 
component of the Department of Justice in light of its 
respective mission. Therefore, each component head shall make 
all reasonable efforts to ensure that the component's 
activities are consistent with the above sovereignty and trust 
principles. The component heads shall circulate this policy to 
all attorneys in the Department to inform them of their 
responsibilities. Where the activities and internal procedures 
of the components can be reformed to ensure greater consistency 
with this Policy, the components head shall undertake to do so. 
If tensions arise between these principles and other principles 
which guide the component in carrying out its mission, 
components will develop, as necessary, a mechanism for 
resolving such tensions to ensure that tribal interests are 
given due consideration. Finally, component heads will appoint 
a contact person to work with the Office of Tribal Justice in 
addressing Indian issues within the component.


                             v. disclaimer


    This policy is intended only to improve the internal 
management of the Department and is not intended to create any 
right enforceable in any cause of action by any party against 
the United States, its agencies, officers, or any person.
                                                Janet Reno,
                                                  Attorney General.
                                ------                                


    Statement of Kevin Gover, Assistant Secretary for Indian Affairs

    Mr. Chairman and members of the Committee, I am pleased to 
submit the following statement for the record concerning S. 
1508, the Indian Tribal Justice Technical and Legal Assistance 
Act of 1999. The Department of the Interior supports S. 1508. I 
have outlined a few issues for your consideration within my 
statement.


                              introduction


    Tribal justice systems are an essential component of tribal 
governments. They provide the means to enforce public safety 
laws in Indian Country, provide for the welfare and safety of 
Indian children and other tribal community members; and 
safeguard the political integrity of tribal governments. The 
tribal justice systems also ensure that economic development 
and self-determination efforts of a particular tribe are viable 
and trustworthy. In today's modern society with the need to 
promote tribal self-sufficiency while preserving cultural 
values, the tribal justice systems help bridge the gap between 
what are sometimes seen as competing interests and provide the 
balance that is part of the historical and traditional concepts 
of a tribal lifestyle through peacemaking efforts and 
alternative dispute resolution notions. However, the resources 
to assist tribes in the development of these concepts is solely 
lacking.
    Currently, there are over 250 tribal courts throughout 
Indian Country. The Bureau of Indian Affairs (BIA) has received 
inquiries from other tribes and tribal consortiums who want to 
establish new court systems or improve existing justice 
systems. Although the BIA provides base funding to all of these 
tribal justice systems, it is clear that tribal justice systems 
still need to reach the degree of competence and sophistication 
necessary to handle the types of cases currently being brought 
in Indian Country.


             current criminal environment in indian country


    Violent crime is increasing in Indian Country at an 
alarming rate. In February of this year the Department of 
Justice, Bureau of Justice Statistics released the results of a 
survey of crime in Indian Country and found that American 
Indians are victimized by violent crime at a rate of more than 
twice the general population in America. Violence against 
Indian women is especially appalling where seven out of every 
1,000 American Indian women are raped or sexually assaulted 
each year. This number is over three times the sexual assaults 
suffered by white women in this country and two times the 
number suffered by black women. This statistic is even more 
appalling when you consider that the 2.3 million American 
Indian population of the United States represents just under 
one percent of the total population of this country. The BIA 
Annual Law Enforcement Report also indicates an increase in 
forcible rape cases from 1997 to 1998 of 19 percent and an 
overall increase of violent crime in Indian Country of 56 
percent. Although the Major Crimes Act mandates that most 
violent crimes are characterized as felonies and are to be 
handled in federal court by the United States Attorneys Office; 
tribal communities must still be on the forefront of addressing 
causes and explore solutions for this type of behavior. The 
prevalent of violent crime presents obstacles to job creation, 
investment and economic growth in tribal communities and the 
stated purpose of the Act to strengthen and improve the 
capacity of tribal court systems that address civil and 
criminal causes of action under the jurisdiction of Indians 
will certainly assist tribal communities through their justice 
systems to take affirmative steps to deter this type of 
activity from occurring in their communities.
    Alcohol and substance abuse related criminal activity is 
also up in Indian Country and has been the bane of Indian 
existence since its introduction into tribal communities. 
According to the Bureau of Justice Statistics, 55 percent of 
the violent crimes committed against American Indians were 
committed by an offender who was under the influence of 
alcohol, drugs or both. The report includes data on an increase 
in DWI cases of 56.8 percent from 1997 to 1998 in Indian 
Country, with 10,180 DWI offenses in 1997 and 15,967 DWI cases 
in 1998. Tribal justice systems are the natural conduit for 
monitoring this type of activity within the communities and for 
the coordination of efforts among the various community service 
providers who professionally address this type of behavior.
    Juvenile crime and delinquency is on the rise as well as 
child abuse and neglect cases in Indian Country. The National 
Child Abuse and Neglect Data System of the Department of Health 
and Human Services reports that between the years 1992 to 1995, 
American Indian children were subjected to abuse and neglect an 
average of 3 times that among Asians. These two ethnic groups 
experienced increases in child abuse and neglect cases for 
children under the age of 15. Gang related activities on Indian 
reservations are on the increase and reports from the FBI, BIA 
and tribal law enforcement agencies indicate that overall 
violent crime on many Indian reservations are worse than the 
national average.


                          analysis of s. 1508


    Section 2: Findings. We are in complete agreement with the 
Congressional findings. These findings have been relevant and 
applicable since the development of tribal justice systems. 
Tribes have used BIA base funding for all tribal governments, 
special funds for tribal court projects, and funds from other 
federal agencies that offer tribal justice funding on a 
competitive grant basis to fund their Tribal courts over the 
years.
    Section 101: Tribal Justice Training and Technical 
Assistance Grants. The BIA supports the award of grants 
described in this section to national or regional membership 
organizations whose membership consists of judicial system 
personnel. These organizations will most likely consist of 
tribal court judges and other tribal justice personnel who will 
have knowledge of the current issues facing tribal systems and 
will be in an excellent position to develop the type of 
specialized training and technical assistance that will enrich, 
improve and enhance tribal justice systems.
    Section 102: Tribal Civil Legal Assistance Grant, and 
Section 103: Tribal Criminal Assistance Grants. These two 
sections will help to promote the concept of equal and fair 
justice in Indian Country by promoting grant awards to non-
profit organizations that provide legal services to Indian 
tribes, members of tribes tribal justice systems as provided in 
Sections 102 and 103 of the bill. The notion of basing 
accessibility on these services pursuant to federal poverty 
guidelines will address the need for competent representation 
for people who cannot otherwise afford legal representation.
    Section 104: No Offset and Section 105: Tribal Authority. 
The BIA is in full support of these sections. Section 105, in 
particular, tracks the mission statement of the Department and 
the BIA's obligations to Indian Tribes. It also clearly 
recognizes the unique status of Indian tribal governments and 
the desire of the Federal Government to support ongoing tribal 
efforts to improve their existing tribal justice systems.


                            recommendations


    Last year, the Department of Justice, as part of the 
President's Initiative on Law Enforcement in Indian Country, 
offered two types of grant awards to tribal courts. These 
awards totaled $5 million. These awards were designed to 
address the areas of development and enhancement of Tribal 
Courts; providing technical assistance for tribal courts and 
the development of a national tribal court resource center. Any 
non-profit organization, unit of government, tribal government, 
court, tribal judicial system or academic institution could 
apply for these awards. The awards are based on grant periods 
from 18 to 24 months and range from a minimum of $50,000 for 
continuing operation and enhancement grants to a maximum of 
$500,000 for the creation of a national tribal court resource 
center. Tribes are eager to be funded through these grants.
    With the anticipated increase in criminal caseloads in 
tribal courts resulting from the President's Initiative on Law 
Enforcement in Indian Country, the proposed legislation will 
help Tribes in meeting the increased caseloads to develop and 
fund programs designed to address the causes of criminal 
behavior and develop solutions to prevent such activity from 
occurring in Indian communities. We recommended the inclusion 
of Tribal Justice systems as eligible applicants for receipt of 
awards to non-profit organizations. Tribal Justice system 
should be on the forefront of the list of eligible grantees 
since they are not only confronting the issues facing their 
communities, but are struggling to develop solutions to address 
these issues.


                               conclusion


    The BIA has been working in a cooperative effort with DOJ 
since the President's Initiative on Law Enforcement in Indian 
Country to assist tribes in obtaining law enforcement equipment 
and personnel. The BIA has also provided technical assistance 
to tribal justice systems through DOJ's Office of Tribal 
Justice by providing tribal court program reviews and follow up 
where necessary as well as providing assistance in the 
development of criteria for the grant award process for both 
the tribal court and juvenile initiatives sponsored through 
DOJ. The BIA will continue to provide this type of technical 
assistance to DOJ and welcomes the additional challenge of 
working with other federal agencies or non-governmental offices 
in their efforts to assist tribal justice systems.
    Thank you, Mr. Chairman, for the opportunity to provide 
this statement on S. 1508. I look forward to working with you 
and the Committee on further discussions concerning this 
important piece of legislation for Indian Tribal Justice 
systems.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes to existing law made by 
the bill are required to be set out in the accompanying 
Committee report. The Committee finds that enactment of S. 1508 
will result in the following changes in existing law. The 
matter to be deleted is indicated in brackets [] and bold face 
type. The matter to be inserted is indicated in italic.

              25 U.S.C. Sec. 3621. Tribal Justice Systems

    (a) Office.--There is authorized to be appropriated to 
carry out the provisions of Section 3611 and Section 3612 of 
this Chapter, $7,000,000 in each of the fiscal years [1994, 
1996, 1997, 1998, 1999 and] 2000, 2001, 2002, 2003, 2004, 2005, 
2006 and 2007. 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 3613 of this Chapter, $50,000,000 in each of the fiscal 
years [1994, 1996, 1997, 1998, 1999 and] 2000, 2001, 2002, 
2003, 2004, 2005, 2006 and 2007.
    (c) Administrative Expenses for Office.--There is 
authorized to be appropriated, for the administrative expenses 
of the Office, $500,000 in each of the fiscal years [1994, 
1996, 1997, 1998, 1999 and] 2000, 2001, 2002, 2003, 2004, 2005, 
2006 and 2007.
    (d) Administrative Expenses for Tribal Judicial 
Conferences.--There is authorized to be appropriated, for the 
administrative expenses of tribal judicial conferences, 
$500,000 in each of the fiscal years [1994, 1996, 1997, 1998, 
1999 and] 2000, 2001, 2002, 2003, 2004, 2005, 2006 and 2007.


                                  
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