[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Enrolled Bill (ENR)]
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,

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

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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.

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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).

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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.
ASSISTANCE GRANTS

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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.

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TITLE I

-TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL

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.

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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.

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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.

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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.

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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.

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(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.

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TITLE II

-INDIAN TRIBAL COURTS

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''.

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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--''.

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TITLE III

-TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT

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.''.
NATIVE, AND NATIVE HAWAIIAN YOUTH

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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
$2,200,000 for administration of a national leadership symposium for
American Indian, Alaskan Native, and Native Hawaiian youth on the
traditions and values of American democracy.
(b) Content of Symposium.--The symposium administered under
subsection (a) shall--
(1) be comprised of youth seminar programs which study the
workings and practices of American national government in
Washington, DC, to be held in conjunction with the opening of the
Smithsonian National Museum of the American Indian; and
(2) envision the participation and enhancement of American
Indian, Alaskan Native, and Native Hawaiian youth in the American
political process by interfacing in the first-hand operations of
the United States Government.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Indian Tribal Justice Technical and Legal Assistance Act of 2000

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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