§ 3613. — Base support funding for tribal justice 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: 25USC3613]
TITLE 25--INDIANS
CHAPTER 38--INDIAN TRIBAL JUSTICE SUPPORT
SUBCHAPTER I--TRIBAL JUSTICE SYSTEMS
Sec. 3613. Base support funding for tribal justice systems
(a) In general
Pursuant to the Indian Self-Determination and Education Assistance
Act [25 U.S.C. 450 et seq.], the Secretary is authorized (to the extent
provided in advance in appropriations Acts) to enter into contracts,
grants, or agreements with Indian tribes for the performance of any
function of the Office and for the development, enhancement, and
continuing operation of tribal justice systems and traditional tribal
judicial practices by Indian tribal governments.
(b) Purposes for which financial assistance may be used
Financial assistance provided through contracts, grants, or
agreements entered into pursuant to this section may be used for--
(1) planning for the development, enhancement, and operation of
tribal justice systems;
(2) the employment of judicial personnel;
(3) training programs and continuing education for tribal
judicial personnel;
(4) the acquisition, development, and maintenance of a law
library and computer assisted legal research capacities;
(5) the development, revision, and publication of tribal codes,
rules of practice, rules of procedure, and standards of judicial
performance and conduct;
(6) the development and operation of records management systems;
(7) the construction or renovation of facilities for tribal
justice systems;
(8) membership and related expenses for participation in
national and regional organizations of tribal justice systems and
other professional organizations; and
(9) the development and operation of other innovative and
culturally relevant programs and projects, including (but not
limited to) programs and projects for--
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investigations
of child abuse; and
(E) traditional tribal judicial practices, traditional
tribal justice systems, and traditional methods of dispute
resolution.
(c) Formula
(1) Not later than 180 days after December 3, 1993, the Secretary,
with the full participation of Indian tribes, shall establish and
promulgate by regulation, a formula which establishes base support
funding for tribal justice systems in carrying out this section.
(2) The Secretary shall assess caseload and staffing needs for
tribal justice systems that take into account unique geographic and
demographic conditions. In the assessment of these needs, the Secretary
shall work cooperatively with Indian tribes and tribal organizations and
shall refer to any data developed as a result of the surveys conducted
pursuant to section 3612 of this title and to relevant assessment
standards developed by the Judicial Conference of the United States, the
National Center for State Courts, the American Bar Association, and
appropriate State bar associations.
(3) Factors to be considered in the development of the base support
funding formula shall include, but are not limited to--
(A) the caseload and staffing needs identified under paragraph
(2);
(B) the geographic area and population to be served;
(C) the volume and complexity of the caseloads;
(D) the projected number of cases per month;
(E) the projected number of persons receiving probation services
or participating in diversion programs; and
(F) any special circumstances warranting additional financial
assistance.
(4) In developing and administering the formula for base support
funding for the tribal judicial systems under this section, the
Secretary shall ensure equitable distribution of funds.
(Pub. L. 103-176, title I, Sec. 103, Dec. 3, 1993, 107 Stat. 2007.)
References in Text
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 of this
title and Tables.
Section Referred to in Other Sections
This section is referred to in section 3621 of this title.
