§ 3612. — Survey of tribal judicial systems.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3612]
TITLE 25--INDIANS
CHAPTER 38--INDIAN TRIBAL JUSTICE SUPPORT
SUBCHAPTER I--TRIBAL JUSTICE SYSTEMS
Sec. 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.
(Pub. L. 103-176, title I, Sec. 102, Dec. 3, 1993, 107 Stat. 2006.)
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress. Subcommittee on Native American Affairs
changed to Subcommittee on Native American and Insular Affairs.
Section Referred to in Other Sections
This section is referred to in sections 3613, 3621 of this title.
