Home > 106th Congressional Bills > S. 1508 (rh) To provide technical and legal assistance to tribal justice systems and members of Indian tribes, and for other purposes. [Reported in House] ...S. 1508 (rh) To provide technical and legal assistance to tribal justice systems and members of Indian tribes, and for other purposes. [Reported in House] ...
106th CONGRESS
2d Session
S. 1508
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2000
Referred to the Committee on Resources, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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 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''.
Passed the Senate November 19, 1999.
Attest:
GARY SISCO,
Secretary.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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