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25 USC CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND

LEGAL ASSISTANCE 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

-HEAD-

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

-MISC1-

Sec.

3651. Findings.

3652. Purposes.

3653. Definitions.

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND

CRIMINAL LEGAL ASSISTANCE GRANTS

3661. Tribal justice training and technical assistance

grants.

3662. Tribal civil legal assistance grants.

3663. Tribal criminal assistance grants.

3664. No offset.

3665. Tribal authority.

3666. Authorization of appropriations.

SUBCHAPTER II - INDIAN TRIBAL COURTS

3681. Grants.

(a) In general.

(b) Consultation.

(c) Regulations.

(d) Authorization of appropriations.

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25 USC Sec. 3651 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

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Sec. 3651. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-559, Sec. 2, Dec. 21, 2000, 114 Stat. 2778.)

-MISC1-

SHORT TITLE

Pub. L. 106-559, Sec. 1, Dec. 21, 2000, 114 Stat. 2778, provided

that: "This Act [enacting this chapter and amending section 3621 of

this title and sections 1629e and 1629g of Title 43, Public Lands]

may be cited as the 'Indian Tribal Justice Technical and Legal

Assistance Act of 2000'."

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25 USC Sec. 3652 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

-HEAD-

Sec. 3652. Purposes

-STATUTE-

The purposes of this chapter 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 [25 U.S.C. 3601 et seq.] (Public Law 103-176).

-SOURCE-

(Pub. L. 106-559, Sec. 3, Dec. 21, 2000, 114 Stat. 2779.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 106-559, Dec. 21, 2000, 114 Stat. 2778, which

is classified principally to this chapter. For complete

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

out under section 3651 of this title and Tables.

The Indian Tribal Justice Act, referred to in par. (5), is Pub.

L. 103-176, Dec. 3, 1993, 107 Stat. 2004, as amended, which is

classified generally to chapter 38 (Sec. 3601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3601 of this title and

Tables.

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25 USC Sec. 3653 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

-HEAD-

Sec. 3653. Definitions

-STATUTE-

For purposes of this chapter:

(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 section 1151 of

title 18; or "Indian reservations", as defined in section 1452(d)

of this title, or section 1903(10) of this title. For purposes of

the preceding sentence, such section 1452(d) of this title 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 the Interior) and are recognized by such

Secretary as eligible for trust land status under part 151 of

title 25, Code of Federal Regulations (as in effect on December

21, 2000).

(3) Indian tribe

The term "Indian tribe" means any Indian tribe, band, nation,

pueblo, or other organized group or community 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 title 26.

(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.

-SOURCE-

(Pub. L. 106-559, Sec. 4, Dec. 21, 2000, 114 Stat. 2779.)

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25 USC SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE,

CIVIL AND CRIMINAL LEGAL

ASSISTANCE GRANTS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

-HEAD-

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND

CRIMINAL LEGAL ASSISTANCE GRANTS

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25 USC Sec. 3661 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

-HEAD-

Sec. 3661. Tribal justice training and technical assistance grants

-STATUTE-

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 chapter.

-SOURCE-

(Pub. L. 106-559, title I, Sec. 101, Dec. 21, 2000, 114 Stat.

2780.)

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25 USC Sec. 3662 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

-HEAD-

Sec. 3662. Tribal civil legal assistance grants

-STATUTE-

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 title 26, 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 chapter.

-SOURCE-

(Pub. L. 106-559, title I, Sec. 102, Dec. 21, 2000, 114 Stat.

2780.)

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25 USC Sec. 3663 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

-HEAD-

Sec. 3663. Tribal criminal assistance grants

-STATUTE-

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 title 26, 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 chapter. Funding under

this subchapter 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.

-SOURCE-

(Pub. L. 106-559, title I, Sec. 103, Dec. 21, 2000, 114 Stat.

2780.)

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25 USC Sec. 3664 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

-HEAD-

Sec. 3664. No offset

-STATUTE-

No Federal agency shall offset funds made available pursuant to

this chapter 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.

-SOURCE-

(Pub. L. 106-559, title I, Sec. 104, Dec. 21, 2000, 114 Stat.

2781.)

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25 USC Sec. 3665 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

-HEAD-

Sec. 3665. 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

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.

-SOURCE-

(Pub. L. 106-559, title I, Sec. 105, Dec. 21, 2000, 114 Stat.

2781.)

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25 USC Sec. 3666 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER I - TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL

LEGAL ASSISTANCE GRANTS

-HEAD-

Sec. 3666. Authorization of appropriations

-STATUTE-

For purposes of carrying out the activities under this

subchapter, there are authorized to be appropriated such sums as

are necessary for fiscal years 2000 through 2004.

-SOURCE-

(Pub. L. 106-559, title I, Sec. 106, Dec. 21, 2000, 114 Stat.

2781.)

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25 USC SUBCHAPTER II - INDIAN TRIBAL COURTS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER II - INDIAN TRIBAL COURTS

-HEAD-

SUBCHAPTER II - INDIAN TRIBAL COURTS

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25 USC Sec. 3681 01/06/03

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TITLE 25 - INDIANS

CHAPTER 38A - INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE

SUBCHAPTER II - INDIAN TRIBAL COURTS

-HEAD-

Sec. 3681. Grants

-STATUTE-

(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 subchapter.

(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.

-SOURCE-

(Pub. L. 106-559, title II, Sec. 201, Dec. 21, 2000, 114 Stat.

2781.)

-End-