Collapse to view only § 3652. Purposes
§ 3651. Findings
The Congress finds and declares that—
(1) there is a government-to-government relationship between the United States and Indian tribes;
(2) Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands;
(3) the rate of violent crime committed in Indian country is approximately twice the rate of violent crime committed in the United States as a whole;
(4) in any community, a high rate of violent crime is a major obstacle to investment, job creation and economic growth;
(5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring the health and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the most appropriate forums for the adjudication of disputes affecting personal and property rights on Native lands;
(7) enhancing tribal court systems and improving access to those systems serves the dual Federal goals of tribal political self-determination and economic self-sufficiency;
(8) there is both inadequate funding and an inadequate coordinating mechanism to meet the technical and legal assistance needs of tribal justice systems and this lack of adequate technical and legal assistance funding impairs their operation;
(9) tribal court membership organizations have served a critical role in providing training and technical assistance for development and enhancement of tribal justice systems;
(10) Indian legal services programs, as funded partially through the Legal Services Corporation, have an established record of providing cost effective legal assistance to Indian people in tribal court forums, and also contribute significantly to the development of tribal courts and tribal jurisprudence; and
(11) the provision of adequate technical assistance to tribal courts and legal assistance to both individuals and tribal courts is an essential element in the development of strong tribal court systems.
(Pub. L. 106–559, § 2, Dec. 21, 2000, 114 Stat. 2778.)
§ 3652. Purposes
The purposes of this chapter are as follows:
(1) to carry out the responsibility of the United States to Indian tribes and members of Indian tribes by ensuring access to quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court systems that address civil and criminal causes of action under the jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of Indian tribes through the enhancement and, where appropriate, development of tribal court systems for the administration of justice in Indian country by providing technical and legal assistance services.
(4) To encourage collaborative efforts between national or regional membership organizations and associations whose membership consists of judicial system personnel within tribal justice systems; non-profit entities which provide legal assistance services for Indian tribes, members of Indian tribes, and/or tribal justice systems.
(5) To assist in the development of tribal judicial systems by supplementing prior congressional efforts such as the Indian Tribal Justice Act [25 U.S.C. 3601 et seq.] (Public Law 103–176).
(Pub. L. 106–559, § 3, Dec. 21, 2000, 114 Stat. 2779.)
§ 3653. Definitions
For purposes of this chapter:
(1) Attorney General
(2) Director
(3) Indian lands
(4) Indian tribe
(5) Judicial personnel
(6) Non-profit entities
(7) Office of Tribal Justice
(8) Tribal justice system
(Pub. L. 106–559, § 4, Dec. 21, 2000, 114 Stat. 2779; Pub. L. 111–211, title II, § 214(a)(1), July 29, 2010, 124 Stat. 2270.)