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Calendar No. 409
106th CONGRESS
1st Session
S. 1508
[Report No. 106-219]
_______________________________________________________________________
A BILL
To provide technical and legal assistance to tribal justice systems and
members of Indian tribes, and for other purposes.
_______________________________________________________________________
November 8, 1999
Reported with an amendment
Calendar No. 409
106th CONGRESS
1st Session
S. 1508
[Report No. 106-219]
To provide technical and legal assistance to tribal justice systems and
members of Indian tribes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 1999
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
November 8, 1999
Reported by Mr. Campbell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Indian Tribal Justice
Technical and Legal Assistance Act of 1999''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> The Congress finds and declares that--</DELETED>
<DELETED> (1) there is a government-to-government
relationship between the United States and Indian
tribes;</DELETED>
<DELETED> (2) Indian tribes are sovereign entities and are
responsible for exercising governmental authority over Indian
lands;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) in any community, a high rate of violent crime
is a major obstacle to investment, job creation and economic
growth;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (9) tribal court membership organizations have
served a critical role in providing training and technical
assistance for development and enhancement of tribal justice
systems;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are as follows:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> For purposes of this Act:</DELETED>
<DELETED> (1) Attorney general.--The term ``Attorney
General'' means the Attorney General of the United
States.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Office of tribal justice.--The term ``Office
of Tribal Justice'' means the Office of Tribal Justice in the
United States Department of Justice.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL
LEGAL ASSISTANCE GRANTS</DELETED>
<DELETED>SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE
GRANTS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 104. NO OFFSET.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 105. TRIBAL AUTHORITY.</DELETED>
<DELETED> Nothing in this Act shall be construed to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) diminish in any way the authority of tribal
governments to appoint personnel;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) alter in any way any tribal traditional
dispute resolution fora;</DELETED>
<DELETED> (5) imply that any tribal justice system is an
instrumentality of the United States; or</DELETED>
<DELETED> (6) diminish the trust responsibility of the
United States to Indian tribal governments and tribal justice
systems of such governments.</DELETED>
<DELETED>SEC. 106. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> For purposes of carrying out the activities under this
Act, there are authorized to be appropriated such sums as are necessary
for fiscal years 2000 through 2004.</DELETED>
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
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