PRIA, Government Policy, Made Personal

Summary

Within six months after December 3, 1993, the Secretary must hire a non‑Federal organization to study tribal justice systems and Courts of Indian Offenses. The study must find what resources and base funding are needed so justice can be carried out quickly and well. The Secretary must update that study every year. The study must describe local conditions for each tribe, such as area and population served, court capacity and caseloads, facilities and programs, funding and staff, and training needs. The contractor must work with tribes and tribal groups, let them review and comment before the study is final, and then send the results and tribal comments to the Secretary, the Senate Committee on Indian Affairs, and the House Subcommittee on Native American Affairs of the Committee on Natural Resources.

Title 25, §3612

Indians, Source: USLM XML via OLRC

(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.

Editorial Notes

Change of Name

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

§3612 Survey of Tribal Judicial Systems

Summary

Title 25, §3612

Notes & Related Subsidiaries

Editorial Notes

Change of Name

Citations & Metadata