Home > 106th Congressional Bills > S. 1508 (es) To provide technical and legal assistance to tribal justice systems and members of Indian tribes, and for other purposes. [Engrossed in Senate] ...

S. 1508 (es) To provide technical and legal assistance to tribal justice systems and members of Indian tribes, and for other purposes. [Engrossed in Senate] ...


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        S.1508

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To provide technical and legal assistance to tribal justice systems and 
            members of Indian tribes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Justice Technical and 
Legal Assistance Act of 2000''.

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 
    section 1151 of title 18, United States Code; 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 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 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 
    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 of 1986.
        (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 of 1986, 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 of 1986, 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''.

 TITLE III--TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT

SEC. 301. ALASKA NATIVE VETERANS.

    Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629g) is amended as follows:
        (1) Subsection (a)(3)(I)(4) is amended by striking ``and 
    Reindeer'' and inserting ``or''.
        (2) Subsection (a)(4)(B) is amended by striking ``; and'' and 
    inserting ``; or''.
        (3) Subsection (b)(1)(B)(i) is amended by striking ``June 2, 
    1971'' and inserting ``December 31, 1971''.
        (4) Subsection (b)(2) is amended by striking the matter 
    preceding subparagraph (A) and inserting the following:
    ``(2) The personal representative or special administrator, 
appointed in an Alaska State court proceeding of the estate of a 
decedent who was eligible under subsection (b)(1)(A) may, for the 
benefit of the heirs, select an allotment if the decedent was a veteran 
who served in South East Asia at any time during the period beginning 
August 5, 1964, and ending December 31, 1971, and during that period 
the decedent--''.

SEC. 302. LEVIES ON SETTLEMENT TRUST INTERESTS.

    Section 39(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629e(c)) is amended by adding at the end the following new paragraph:
    ``(8) A beneficiary's interest in a settlement trust and the 
distributions thereon shall be subject to creditor action (including 
without limitation, levy attachment, pledge, lien, judgment execution, 
assignment, and the insolvency and bankruptcy laws) only to the extent 
that Settlement Common Stock and the distributions thereon are subject 
to such creditor action under section 7(h) of this Act.''.

 TITLE IV--NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN, ALASKAN 
                   NATIVE, AND NATIVE HAWAIIAN YOUTH

    SEC. 401. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM FOR 
      AMERICAN INDIAN, ALASKAN NATIVE, AND NATIVE HAWAIIAN YOUTH.
    (a) In General.--There are authorized to be appropriated to the 
Secretary of Education for the Washington Workshops Foundation 

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