25 U.S.C. § 3601: Findings

Summary

Recognizes that the United States and each Indian tribe have a government-to-government relationship, and that the U.S. has a duty to protect tribal sovereignty. Congress has long acknowledged tribal self‑determination and tribes’ right to form their own governments and justice systems. Tribal courts are vital for health, safety, and political life and are the right place to decide many personal and property disputes. Traditional justice practices keep tribal culture alive. Tribal justice systems are underfunded, and strong tribal involvement is needed to improve 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