§3601 — Title 25 Indians | U.S. Code

Summary

Says the United States must treat each Indian tribe as its own government and has a duty to protect the tribe’s right to govern itself. It recognizes that Congress and the courts have long accepted tribes’ power to create their own governments and justice systems, including traditional practices. Tribal courts are important for public safety and for deciding personal and property disputes, but they do not get enough funding, and tribes must be involved in fixing and improving them.

Title 25, §3601

Indians — Source: USLM XML via OLRC

The Congress finds and declares that—

(1)there is a government-to-government relationship between the United States and each Indian tribe;

(2)the United States has a trust responsibility to each tribal government that includes the protection of the sovereignty of each tribal government;

(3)Congress, through statutes, treaties, and the exercise of administrative authorities, has recognized the self-determination, self-reliance, and inherent sovereignty of Indian tribes;

(4)Indian tribes possess the inherent authority to establish their own form of government, including tribal justice systems;

(5)tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring public health and safety and the political integrity of tribal governments;

(6)Congress and the Federal courts have repeatedly recognized tribal justice systems as the appropriate forums for the adjudication of disputes affecting personal and property rights;

(7)traditional tribal justice practices are essential to the maintenance of the culture and identity of Indian tribes and to the goals of this chapter;

(8)tribal justice systems are inadequately funded, and the lack of adequate funding impairs their operation; and

(9)tribal government involvement in and commitment to improving tribal justice systems is essential to the accomplishment of the goals of this chapter.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 103–176, § 1, Dec. 3, 1993, 107 Stat. 2004, provided that: “This Act [enacting this chapter] may be cited as the ‘Indian Tribal Justice Act’.”

§3601 Findings

Summary

Title 25, §3601

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata