25 U.S.C. § 3612

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 3612 - Survey of tribal judicial systems
(a) In general

Not later than six months after December 3, 1993, the Secretary, in consultation with Indian tribes, shall enter into a contract with a non-Federal entity to conduct a survey of conditions of tribal justice systems and Courts of Indian Offenses to determine the resources and funding, including base support funding, needed to provide for expeditious and effective administration of justice. The Secretary, in like manner, shall annually update the information and findings contained in the survey required under this section.

(b) Local conditions

In the course of any annual survey, the non-Federal entity shall document local conditions of each Indian tribe, including, but not limited to-

(1) the geographic area and population to be served;
(2) the levels of functioning and capacity of the tribal justice system;
(3) the volume and complexity of the caseloads;
(4) the facilities, including detention facilities, and program resources available;
(5) funding levels and personnel staffing requirements for the tribal justice system; and
(6) the training and technical assistance needs of the tribal justice system.
(c) Consultation with Indian tribes

The non-Federal entity shall actively consult with Indian tribes and tribal organizations in the development and conduct of the surveys, including updates thereof, under this section. Indian tribes and tribal organizations shall have the opportunity to review and make recommendations regarding the findings of the survey, including updates thereof, prior to final publication of the survey or any update thereof. After Indian tribes and tribal organizations have reviewed and commented on the results of the survey, or any update thereof, the non-Federal entity shall report its findings, together with the comments and recommendations of the Indian tribes and tribal organizations, to the Secretary, the Committee on Indian Affairs of the Senate, and the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives.

25 U.S.C. § 3612

Pub. L. 103-176, title I, §102, Dec. 3, 1993, 107 Stat. 2006.

EDITORIAL NOTES

CHANGE OF NAMESubcommittee on Native American Affairs changed to Subcommittee for Indigenous Peoples of the United States.

Courts of Indian Offenses
The term "Courts of Indian Offenses" means the courts established pursuant to part 11 of title 25, Code of Federal Regulations.
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 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.
Secretary
The term "Secretary" means the Secretary of the Interior.
tribal justice system
The term "tribal justice system" means the entire judicial branch, and employees thereof, of an Indian tribe, including (but not limited to) traditional methods and forums for dispute resolution, lower courts, appellate courts (including intertribal appellate courts), alternative dispute resolution systems, and circuit rider systems, established by inherent tribal authority whether or not they constitute a court of record.