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25 USC CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

-HEAD-

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

-MISC1-

Sec.

3601. Findings.

3602. Definitions.

SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS

3611. Office of Tribal Justice Support.

(a) Establishment.

(b) Transfer of existing functions and personnel.

(c) Functions.

(d) No imposition of standards.

(e) Assistance to tribes.

(f) Information clearinghouse on tribal justice

systems.

3612. Survey of tribal judicial systems.

(a) In general.

(b) Local conditions.

(c) Consultation with Indian tribes.

3613. Base support funding for tribal justice systems.

(a) In general.

(b) Purposes for which financial assistance may be

used.

(c) Formula.

3614. Tribal judicial conferences.

SUBCHAPTER II - AUTHORIZATIONS OF APPROPRIATIONS

3621. Tribal justice systems.

(a) Office.

(b) Base support funding for tribal justice

systems.

(c) Administrative expenses for Office.

(d) Administrative expenses for tribal judicial

conferences.

(e) Survey.

(f) Indian priority system.

(g) Allocation of funds.

(h) No offset.

SUBCHAPTER III - DISCLAIMERS

3631. Tribal authority.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3652 of this title.

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25 USC Sec. 3601 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

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Sec. 3601. Findings

-STATUTE-

The Congress finds and declares that -

(1) there is a government-to-government relationship between

the United States and each Indian tribe;

(2) the United States has a trust responsibility to each tribal

government that includes the protection of the sovereignty of

each tribal government;

(3) Congress, through statutes, treaties, and the exercise of

administrative authorities, has recognized the

self-determination, self-reliance, and inherent sovereignty of

Indian tribes;

(4) Indian tribes possess the inherent authority to establish

their own form of government, including tribal justice systems;

(5) tribal justice systems are an essential part of tribal

governments and serve as important forums for ensuring public

health and safety and the political integrity of tribal

governments;

(6) Congress and the Federal courts have repeatedly recognized

tribal justice systems as the appropriate forums for the

adjudication of disputes affecting personal and property rights;

(7) traditional tribal justice practices are essential to the

maintenance of the culture and identity of Indian tribes and to

the goals of this chapter;

(8) tribal justice systems are inadequately funded, and the

lack of adequate funding impairs their operation; and

(9) tribal government involvement in and commitment to

improving tribal justice systems is essential to the

accomplishment of the goals of this chapter.

-SOURCE-

(Pub. L. 103-176, Sec. 2, Dec. 3, 1993, 107 Stat. 2004.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 103-176 provided that: "This Act [enacting

this chapter] may be cited as the 'Indian Tribal Justice Act'."

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25 USC Sec. 3602 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

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Sec. 3602. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term "Bureau" means the Bureau of Indian Affairs of the

Department of the Interior.

(2) The term "Courts of Indian Offenses" means the courts

established pursuant to part 11 of title 25, Code of Federal

Regulations.

(3) The term "Indian tribe" means any Indian tribe, band,

nation, pueblo, or other organized group or community, including

any Alaska Native entity, which administers justice under its

inherent authority or the authority of the United States and

which is recognized as eligible for the special programs and

services provided by the United States to Indian tribes because

of their status as Indians.

(4) The term "judicial personnel" means any judge, magistrate,

court counselor, court clerk, court administrator, bailiff,

probation officer, officer of the court, dispute resolution

facilitator, or other official, employee, or volunteer within the

tribal justice system.

(5) The term "Office" means the Office of Tribal Justice

Support within the Bureau of Indian Affairs.

(6) The term "Secretary" means the Secretary of the Interior.

(7) The term "tribal organization" means any organization

defined in section 450b(l) of this title.

(8) The term "tribal justice system" means the entire judicial

branch, and employees thereof, of an Indian tribe, including (but

not limited to) traditional methods and forums for dispute

resolution, lower courts, appellate courts (including intertribal

appellate courts), alternative dispute resolution systems, and

circuit rider systems, established by inherent tribal authority

whether or not they constitute a court of record.

-SOURCE-

(Pub. L. 103-176, Sec. 3, Dec. 3, 1993, 107 Stat. 2004.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2205 of this title.

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25 USC SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS

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SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS

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25 USC Sec. 3611 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS

-HEAD-

Sec. 3611. Office of Tribal Justice Support

-STATUTE-

(a) Establishment

There is hereby established within the Bureau the Office of

Tribal Justice Support. The purpose of the Office shall be to

further the development, operation, and enhancement of tribal

justice systems and Courts of Indian Offenses.

(b) Transfer of existing functions and personnel

All functions performed before December 3, 1993, by the Branch of

Judicial Services of the Bureau and all personnel assigned to such

Branch as of December 3, 1993, are hereby transferred to the Office

of Tribal Justice Support. Any reference in any law, regulation,

executive order, reorganization plan, or delegation of authority to

the Branch of Judicial Services is deemed to be a reference to the

Office of Tribal Justice Support.

(c) Functions

In addition to the functions transferred to the Office pursuant

to subsection (b) of this section, the Office shall perform the

following functions:

(1) Provide funds to Indian tribes and tribal organizations for

the development, enhancement, and continuing operation of tribal

justice systems.

(2) Provide technical assistance and training, including

programs of continuing education and training for personnel of

Courts of Indian Offenses.

(3) Study and conduct research concerning the operation of

tribal justice systems.

(4) Promote cooperation and coordination among tribal justice

systems and the Federal and State judiciary systems.

(5) Oversee the continuing operations of the Courts of Indian

Offenses.

(6) Provide funds to Indian tribes and tribal organizations for

the continuation and enhancement of traditional tribal judicial

practices.

(d) No imposition of standards

Nothing in this chapter shall be deemed or construed to authorize

the Office to impose justice standards on Indian tribes.

(e) Assistance to tribes

(1) The Office shall provide technical assistance and training to

any Indian tribe or tribal organization upon request. Technical

assistance and training shall include (but not be limited to)

assistance for the development of -

(A) tribal codes and rules of procedure;

(B) tribal court administrative procedures and court records

management systems;

(C) methods of reducing case delays;

(D) methods of alternative dispute resolution;

(E) tribal standards for judicial administration and conduct;

and

(F) long-range plans for the enhancement of tribal justice

systems.

(2) Technical assistance and training provided pursuant to

paragraph (1) may be provided through direct services, by contract

with independent entities, or through grants to Indian tribes or

tribal organizations.

(f) Information clearinghouse on tribal justice systems

The Office shall maintain an information clearinghouse (which

shall include an electronic data base) on tribal justice systems

and Courts of Indian Offenses, including (but not limited to)

information on staffing, funding, model tribal codes, tribal

justice activities, and tribal judicial decisions. The Office shall

take such actions as may be necessary to ensure the confidentiality

of records and other matters involving privacy rights.

-SOURCE-

(Pub. L. 103-176, title I, Sec. 101, Dec. 3, 1993, 107 Stat. 2005.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3614, 3621 of this title.

-End-

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25 USC Sec. 3612 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS

-HEAD-

Sec. 3612. Survey of tribal judicial systems

-STATUTE-

(a) In general

Not later than six months after December 3, 1993, the Secretary,

in consultation with Indian tribes, shall enter into a contract

with a non-Federal entity to conduct a survey of conditions of

tribal justice systems and Courts of Indian Offenses to determine

the resources and funding, including base support funding, needed

to provide for expeditious and effective administration of justice.

The Secretary, in like manner, shall annually update the

information and findings contained in the survey required under

this section.

(b) Local conditions

In the course of any annual survey, the non-Federal entity shall

document local conditions of each Indian tribe, including, but not

limited to -

(1) the geographic area and population to be served;

(2) the levels of functioning and capacity of the tribal

justice system;

(3) the volume and complexity of the caseloads;

(4) the facilities, including detention facilities, and program

resources available;

(5) funding levels and personnel staffing requirements for the

tribal justice system; and

(6) the training and technical assistance needs of the tribal

justice system.

(c) Consultation with Indian tribes

The non-Federal entity shall actively consult with Indian tribes

and tribal organizations in the development and conduct of the

surveys, including updates thereof, under this section. Indian

tribes and tribal organizations shall have the opportunity to

review and make recommendations regarding the findings of the

survey, including updates thereof, prior to final publication of

the survey or any update thereof. After Indian tribes and tribal

organizations have reviewed and commented on the results of the

survey, or any update thereof, the non-Federal entity shall report

its findings, together with the comments and recommendations of the

Indian tribes and tribal organizations, to the Secretary, the

Committee on Indian Affairs of the Senate, and the Subcommittee on

Native American Affairs of the Committee on Natural Resources of

the House of Representatives.

-SOURCE-

(Pub. L. 103-176, title I, Sec. 102, Dec. 3, 1993, 107 Stat. 2006.)

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Subcommittee on

Native American Affairs changed to Subcommittee on Native American

and Insular Affairs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3613, 3621 of this title.

-End-

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25 USC Sec. 3613 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS

-HEAD-

Sec. 3613. Base support funding for tribal justice systems

-STATUTE-

(a) In general

Pursuant to the Indian Self-Determination and Education

Assistance Act [25 U.S.C. 450 et seq.], the Secretary is authorized

(to the extent provided in advance in appropriations Acts) to enter

into contracts, grants, or agreements with Indian tribes for the

performance of any function of the Office and for the development,

enhancement, and continuing operation of tribal justice systems and

traditional tribal judicial practices by Indian tribal governments.

(b) Purposes for which financial assistance may be used

Financial assistance provided through contracts, grants, or

agreements entered into pursuant to this section may be used for -

(1) planning for the development, enhancement, and operation of

tribal justice systems;

(2) the employment of judicial personnel;

(3) training programs and continuing education for tribal

judicial personnel;

(4) the acquisition, development, and maintenance of a law

library and computer assisted legal research capacities;

(5) the development, revision, and publication of tribal codes,

rules of practice, rules of procedure, and standards of judicial

performance and conduct;

(6) the development and operation of records management

systems;

(7) the construction or renovation of facilities for tribal

justice systems;

(8) membership and related expenses for participation in

national and regional organizations of tribal justice systems and

other professional organizations; and

(9) the development and operation of other innovative and

culturally relevant programs and projects, including (but not

limited to) programs and projects for -

(A) alternative dispute resolution;

(B) tribal victims assistance or victims services;

(C) tribal probation services or diversion programs;

(D) juvenile services and multidisciplinary investigations of

child abuse; and

(E) traditional tribal judicial practices, traditional tribal

justice systems, and traditional methods of dispute resolution.

(c) Formula

(1) Not later than 180 days after December 3, 1993, the

Secretary, with the full participation of Indian tribes, shall

establish and promulgate by regulation, a formula which establishes

base support funding for tribal justice systems in carrying out

this section.

(2) The Secretary shall assess caseload and staffing needs for

tribal justice systems that take into account unique geographic and

demographic conditions. In the assessment of these needs, the

Secretary shall work cooperatively with Indian tribes and tribal

organizations and shall refer to any data developed as a result of

the surveys conducted pursuant to section 3612 of this title and to

relevant assessment standards developed by the Judicial Conference

of the United States, the National Center for State Courts, the

American Bar Association, and appropriate State bar associations.

(3) Factors to be considered in the development of the base

support funding formula shall include, but are not limited to -

(A) the caseload and staffing needs identified under paragraph

(2);

(B) the geographic area and population to be served;

(C) the volume and complexity of the caseloads;

(D) the projected number of cases per month;

(E) the projected number of persons receiving probation

services or participating in diversion programs; and

(F) any special circumstances warranting additional financial

assistance.

(4) In developing and administering the formula for base support

funding for the tribal judicial systems under this section, the

Secretary shall ensure equitable distribution of funds.

-SOURCE-

(Pub. L. 103-176, title I, Sec. 103, Dec. 3, 1993, 107 Stat. 2007.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3621 of this title.

-End-

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25 USC Sec. 3614 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER I - TRIBAL JUSTICE SYSTEMS

-HEAD-

Sec. 3614. Tribal judicial conferences

-STATUTE-

The Secretary is authorized to provide funds to tribal judicial

conferences, under section 3611 of this title, pursuant to

contracts entered into under the authority of the Indian

Self-Determination and Education Assistance Act [25 U.S.C. 450 et

seq.] for the development, enhancement, and continuing operation of

tribal justice systems of Indian tribes which are members of such

conference. Funds provided under this section may be used for -

(1) the employment of judges, magistrates, court counselors,

court clerks, court administrators, bailiffs, probation officers,

officers of the court, or dispute resolution facilitators;

(2) the development, revision, and publication of tribal codes,

rules of practice, rules of procedure, and standards of judicial

performance and conduct;

(3) the acquisition, development, and maintenance of a law

library and computer assisted legal research capacities;

(4) training programs and continuing education for tribal

judicial personnel;

(5) the development and operation of records management

systems;

(6) planning for the development, enhancement, and operation of

tribal justice systems; and

(7) the development and operation of other innovative and

culturally relevant programs and projects, including (but not

limited to) programs and projects for -

(A) alternative dispute resolution;

(B) tribal victims assistance or victims services;

(C) tribal probation services or diversion programs;

(D) juvenile services and multidisciplinary investigations of

child abuse; and

(E) traditional tribal judicial practices, traditional

justice systems, and traditional methods of dispute resolution.

-SOURCE-

(Pub. L. 103-176, title I, Sec. 104, Dec. 3, 1993, 107 Stat. 2008.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat.

2203, as amended, which is classified principally to subchapter II

(Sec. 450 et seq.) of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 450 of this title and Tables.

-End-

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25 USC SUBCHAPTER II - AUTHORIZATIONS OF APPROPRIATIONS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER II - AUTHORIZATIONS OF APPROPRIATIONS

-HEAD-

SUBCHAPTER II - AUTHORIZATIONS OF APPROPRIATIONS

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25 USC Sec. 3621 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER II - AUTHORIZATIONS OF APPROPRIATIONS

-HEAD-

Sec. 3621. Tribal justice systems

-STATUTE-

(a) Office

There is authorized to be appropriated to carry out the

provisions of sections 3611 and 3612 of this title, $7,000,000 for

each of the fiscal years 2000 through 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 title, $50,000,000 for each of

the fiscal years 2000 through 2007.

(c) Administrative expenses for Office

There is authorized to be appropriated, for the administrative

expenses of the Office, $500,000 for each of the fiscal years 2000

through 2007.

(d) Administrative expenses for tribal judicial conferences

There is authorized to be appropriated, for the administrative

expenses of tribal judicial conferences, $500,000 for each of the

fiscal years 2000 through 2007.

(e) Survey

For carrying out the survey under section 3612 of this title,

there is authorized to be appropriated, in addition to the amount

authorized under subsection (a) of this section, $400,000.

(f) Indian priority system

Funds appropriated pursuant to the authorizations provided by

this section and available for a tribal justice system shall not be

subject to the Indian priority system. Nothing in this chapter

shall preclude a tribal government from supplementing any funds

received under this chapter with funds received from any other

source including the Bureau or any other Federal agency.

(g) Allocation of funds

In allocating funds appropriated pursuant to the authorization

contained in subsection (a) of this section among the Bureau,

Office, tribal governments and Courts of Indian Offenses, the

Secretary shall take such actions as may be necessary to ensure

that such allocation is carried out in a manner that is fair and

equitable to all tribal governments and is proportionate to base

support funding under section 3613 of this title received by the

Bureau, Office, tribal governments, and Courts of Indian Offenses.

(h) No offset

No Federal agency shall offset funds made available pursuant to

this chapter for tribal justice systems against other funds

otherwise available for use in connection with tribal justice

systems.

-SOURCE-

(Pub. L. 103-176, title II, Sec. 201, Dec. 3, 1993, 107 Stat. 2009;

Pub. L. 106-559, title II, Sec. 202, Dec. 21, 2000, 114 Stat.

2782.)

-MISC1-

AMENDMENTS

2000 - Subsecs. (a) to (d). Pub. L. 106-559 substituted "2000

through 2007" for "1994, 1995, 1996, 1997, 1998, 1999, and 2000".

-End-

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25 USC SUBCHAPTER III - DISCLAIMERS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER III - DISCLAIMERS

-HEAD-

SUBCHAPTER III - DISCLAIMERS

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25 USC Sec. 3631 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38 - INDIAN TRIBAL JUSTICE SUPPORT

SUBCHAPTER III - DISCLAIMERS

-HEAD-

Sec. 3631. Tribal authority

-STATUTE-

Nothing in this chapter shall be construed to -

(1) encroach upon or diminish in any way the inherent sovereign

authority of each tribal government to determine the role of the

tribal justice system within the tribal government or to enact

and enforce tribal laws;

(2) diminish in any way the authority of tribal governments to

appoint personnel;

(3) impair the rights of each tribal government to determine

the nature of its own legal system or the appointment of

authority within the tribal government;

(4) alter in any way any tribal traditional dispute resolution

forum;

(5) imply that any tribal justice system is an instrumentality

of the United States; or

(6) diminish the trust responsibility of the United States to

Indian tribal governments and tribal justice systems of such

governments.

-SOURCE-

(Pub. L. 103-176, title III, Sec. 301, Dec. 3, 1993, 107 Stat.

2009.)

-End-