Library / Laws / 113th / s / S. 1474 / Reported in Senate
II
Calendar No. 534
113th CONGRESS
2d Session
S. 1474
IN THE SENATE OF THE UNITED STATES
August 1, 2013Mr. Begich (for himself
and Ms. Murkowski) introduced the
following bill; which was read twice and referred to the
Committee on Indian
Affairs
August 26, 2014Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014,
by Mr. Tester, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To encourage the State of Alaska to enter into
intergovernmental agreements with Indian tribes in the State relating to the
enforcement of certain State laws by Indian tribes, to improve the quality of
life in rural Alaska, to reduce alcohol and drug abuse, and for other
purposes.
1.
Short
title
This Act may be cited as
the Alaska Safe Families and Villages
Act of 2013.
2.
Findings and
purposes
(a)
Findings
Congress
finds that—
(1) residents of
remote Alaska villages suffer disproportionately from crimes and civil
disturbances rooted in alcohol abuse, illicit drug use, suicide, and
domestic
violence;
(2) the
alcohol-related suicide rate in remote Alaska villages is 6 times the
average
in the United States and the alcohol-related mortality rate is 3.5 times
that
of the general population of the United States;
(3) Alaska Native
women suffer the highest rate of forcible sexual assault in the United
States
and an Alaska Native woman is sexually assaulted every 18 hours;
(4) according to the
Alaska Native Tribal Health Consortium, one in two Alaska Native women
experience physical or sexual violence;
(5) according to the
2006 Initial Report and Recommendations of the Alaska Rural Justice and
Law
Enforcement Commission, more than 95 percent of all crimes committed in
rural
Alaska can be attributed to alcohol abuse;
(6) the cost of drug
and alcohol abuse in Alaska is estimated at $525,000,000 per year;
(7) there are more
than 200 remote villages in Alaska, which are ancestral homelands to
Indian
tribes and geographically isolated by rivers, oceans, and mountains making
most
of those villages accessible only by air;
(8) small size and
remoteness, lack of connection to a road system, and extreme weather
conditions
often prevent or delay travel, including that of law enforcement
personnel,
into remote villages, resulting in challenging law enforcement
conditions;
(9) less than
1/2 of remote Alaska villages are served by trained State
law enforcement entities and several Indian tribes provide peace officers
or
tribal police without adequate training or equipment;
(10) the lack of
effective law enforcement entities in remote Alaska villages contributes
significantly to increased crime, alcohol abuse, drug abuse, domestic
violence,
rates of suicide, poor educational achievement, and lack of economic
development;
(11) Indian tribes
that operate within remote Alaska villages should be empowered to
participate
in local culturally relevant solutions to effectively provide law
enforcement
entities in villages and access to swift judicial proceedings;
(12) increasing
capacities of local law enforcement entities to achieve increased tribal
involvement in State law enforcement in remote villages will promote a
stronger
link between the State and village residents, encourage community
involvement,
and create greater local accountability with respect to violence and
substance
abuse; and
(13) the United
States has a trust responsibility to Indian tribes in the State.
(b)
Purposes
The
purposes of this Act are—
(1) to improve the
delivery of justice in Alaska Native villages by encouraging the State and
Indian tribes to enter into intergovernmental agreements relating to the
enforcement and adjudication of State laws relating to drug and alcohol
offenses; and
(2) to enhance
coordination and communication among Federal, State, tribal, and local law
enforcement agencies.
3.
Definitions
In this Act:
(1)
Attorney
General
The term Attorney General means the Attorney
General of the United States.
(2)
Director
The
term Director means the Director of the Office of Tribal
Justice.
(3)
Indian
tribe
The term “Indian tribe” has the meaning given the term in
section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a).
(4)
Participating
Indian tribe
The term participating Indian tribe
means an Indian tribe selected by the Director to participate in the
program.
(5)
Program
The
term program means the Alaska Safe Families and Villages Self
Governance Program established under this Act.
(6)
State
The
term State means the State of Alaska.
(7)
Tribal
court
The term tribal court means any court,
council, or a mechanism of any court or council sanctioned by an Indian
tribe
for the adjudication of disputes, including the violation of tribal laws,
ordinances, and regulations.
4.
Alaska Safe
Families and Villages Self Governance Program
(a)
In
general
The Attorney General shall establish a program in the
Office of Tribal Justice Programs of the Department of Justice, to be
known as
the Alaska Safe Families and Villages Self Governance Program, to
make grants to Indian tribes in carrying out intergovernmental agreements
described in subsection (d).
(b)
Administration
(1)
In
general
Each Indian tribe desiring to participate in the program
shall submit to the Director an application in accordance with this
section.
(2)
Eligibility
To
be eligible to participate in the program, an Indian tribe in the State
shall—
(A) request
participation by resolution or other official action from the governing
body of
the Indian tribe;
(B) have for the
preceding 3 fiscal years no uncorrected significant and material audit
exceptions regarding any Federal contract or grant;
(C) demonstrate to
the Attorney General sufficient governance capacity to conduct the
program, as
evidenced by the history of the Indian tribe in operating government
services
(including public utilities, children’s courts, law enforcement, social
service
programs, or other activities);
(D) certify that the
Indian tribe has entered into an intergovernmental agreement with the
State
described in subsection (d);
(E) meet such other
criteria as the Attorney General may promulgate, after providing public
notice
and an opportunity to comment; and
(F) submit to the
Attorney General of the State a copy of the application.
(3)
Public
comment
Each application submitted under this subsection shall be
subject to public comment for a period of not less than 30 days after the
date
on which a notice of the application is published in a newspaper or other
publication of general circulation in the vicinity of the Native village
of the
Indian tribe.
(c)
Use of
amounts
Each participating Indian tribe shall use amounts—
(1) to carry out a
planning phase that may include—
(A) internal
governmental and organizational planning;
(B) developing
written tribal law or ordinances detailing the structure and procedures of
the
tribal court;
(C) developing
enforcement mechanisms; and
(D) negotiating and
finalizing any intergovernmental agreements necessary to carry out this
Act;
and
(2) to carry out
activities of the Indian tribe in accordance with an applicable
intergovernmental agreement with the State.
(d)
Intergovernmental
agreements
(1)
In
general
The State (including political subdivisions of the State)
and Indian tribes in the State are encouraged to enter into
intergovernmental
agreements relating to the enforcement of certain State laws by the Indian
tribe.
(2)
Contents
(A)
In
general
An intergovernmental agreement described in paragraph (1)
may describe the duties of the State and the applicable Indian tribe
relating
to—
(i) the
employment of law enforcement officers, probation, and parole officers;
(ii) the appointment
and deputization by the State of tribal law enforcement officers as
special
officers to aid and assist in the enforcement of the criminal laws of the
State;
(iii) the enforcement
of punishments imposed by the Indian tribe under tribal law;
(iv) the transfer of
enforcement duties for State drug- and alcohol-related misdemeanor
offenses to
the Indian tribe;
(v) the
adjudication by the Indian tribe of State drug- and alcohol-related
misdemeanor
offenses;
(vi) the transfer of
information and evidence between tribal law enforcement entities and the
court
system of the State;
(vii) the detention
of offenders;
(viii) searches and
seizures of alcohol and drugs at municipal and State airports; and
(ix) jurisdictional
or financial matters.
(B)
Remedies
Subject
to title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known
as
the Indian Civil Rights Act of 1968), an
intergovernmental agreement described in paragraph (1) may include
remedies to
be imposed by the applicable Indian tribe relating to the enforcement of
State
law, including—
(i) restorative
justice, including circle sentencing;
(ii) community
service;
(iii) fines;
(iv) forfeitures;
(v) commitments for
treatment;
(vi) restraining
orders;
(vii) emergency
detentions; and
(viii) any other
remedies agreed to by the State and Indian tribe.
(e)
Annual
report
(1)
In
general
Not later than May 1 of each year, the Attorney General
shall submit to the Committee on Indian Affairs of the Senate and the
Committee
on Natural Resources of the House of Representatives an annual report
that—
(A) describes the
grants awarded under the program;
(B) assesses the
effectiveness of the program; and
(C) includes any
recommendations of the Attorney General relating to the program.
(2)
Requirements
Each
report shall be prepared in consultation with the government of each
participating Indian tribe and the State.
(f)
No liability
for the State of Alaska
The State, including any political
subdivision of the State, shall not be liable for any act or omission of a
participating Indian tribe in carrying out this Act, including any act or
omission of a participating Indian tribe undertaken pursuant to an
intergovernmental agreement described in subsection (d).
(g)
Regulations
The
Attorney General shall promulgate such regulations as the Attorney General
determines are necessary to carry out this Act.
(h)
Eligibility for
Federal programs
(1)
In
general
Participating Indian tribes shall be eligible for the
same tribal court and law enforcement programs and level of funding from
the
Bureau of Indian Affairs and the Department of Justice as are available to
other Indian tribes.
(2)
Applicability
in Alaska
Nothing in this Act limits the application in the State
of—
(A) the
Tribal Law and Order Act of 2010 (Public Law 111–211; 124
Stat. 2261);
(B) the
Violence Against Women Reauthorization Act of 2013 (Public
law 113–4; 127 Stat. 54); or
(C) any amendments
made by the Acts referred to in subparagraphs (A) and (B).
(i)
Effect of
Act
Nothing in this Act—
(1) limits, alters,
or diminishes the civil or criminal jurisdiction of the State, any
subdivision
of the State, or the United States;
(2) limits or
diminishes the jurisdiction of any Indian tribe in the State, including
inherent and statutory authority of the Indian tribe over child
protection,
child custody, and domestic violence (as in effect on the day before the
date
of enactment of this Act);
(3) creates a
territorial basis for the jurisdiction of any Indian tribe in the State or
otherwise creates Indian country in any area of the State;
(4) confers any
criminal jurisdiction on any Indian tribe in the State;
(5) diminishes the
trust responsibility of the United States to Indian tribes in the State;
(6) abridges or
diminishes the sovereign immunity of any Indian tribe in the State;
(7) alters the
criminal or civil jurisdiction of the Metlakatla Indian Community within
the
Annette Islands Reserve (as in effect on the date before the date of
enactment
of this Act);
(8) alters the
authority of the State to file, in the discretion of the State, a civil or
criminal action for the violation of State law;
(9) limits in any
manner the eligibility of the State, any political subdivision of the
State, or
any Indian tribe in the State, for any other Federal assistance under any
other
law; or
(10) affects the
authority of the United States or any State government that has been
delegated
authority by the United States to investigate and prosecute a criminal
violation in Indian country, including under section 1162 of title 18,
United
States Code.
5.
Funding
The Attorney General shall use amounts made
available to the Attorney General for the Office of Tribal Justice to
carry out
the program under this Act.
6.
Repeal of
special rule for State of Alaska
Section 910 of the Violence
Against Women Reauthorization Act of 2013 (18 U.S.C. 2265 note;
Public Law 113–4) is repealed.
1.
Short title
This Act may be cited as the Alaska Safe Families and Villages Act of 2014.
2.
Findings and purposes
(a)
Findings
Congress finds that—
(1) residents of remote Alaska villages suffer disproportionately from crimes and civil disturbances
rooted in alcohol abuse, illicit drug use, suicide, and domestic violence;
(2) the alcohol-related suicide rate in remote Alaska villages is 6 times the average in the United
States and the alcohol-related mortality rate is 3.5 times that of the
general population of the United States;
(3) Alaska Native women suffer the highest rate of forcible sexual assault in the United States and an
Alaska Native woman is sexually assaulted every 18 hours;
(4) according to the Alaska Native Tribal Health Consortium, one in two Alaska Native women experience
physical or sexual violence;
(5) according to the 2006 Initial Report and Recommendations of the Alaska Rural Justice and Law
Enforcement Commission, more than 95 percent of all crimes committed in
rural Alaska can be attributed to alcohol abuse;
(6) the cost of drug and alcohol abuse in Alaska is estimated at $525,000,000 per year;
(7) there are more than 200 remote villages in Alaska, which are ancestral homelands to Indian tribes
and geographically isolated by rivers, oceans, and mountains making most
of those villages accessible only by air;
(8) small size and remoteness, lack of connection to a road system, and extreme weather conditions
often prevent or delay travel, including that of law enforcement
personnel, into remote villages, resulting in challenging law enforcement
conditions and lack of ready access to the State judicial system;
(9) less than ½ of remote Alaska villages are served by trained State law enforcement entities and several Indian
tribes provide peace officers or tribal police without adequate training
or equipment;
(10) the centralized State judicial system relies on general jurisdiction Superior Courts in the
regional hub communities, with only a handful of staffed magistrate courts
outside of the hub communities;
(11) the lack of effective law enforcement and accessible judicial services in remote Alaska villages
contributes significantly to increased crime, alcohol abuse, drug abuse,
domestic violence, rates of suicide, poor educational achievement, and
lack of economic development;
(12) Indian tribes that operate within remote Alaska villages should be supported in carrying out local
culturally relevant solutions to effectively provide law enforcement in
villages and access to swift judicial proceedings;
(13) increasing capacities of local law enforcement entities to enforce local tribal laws and to achieve
increased tribal involvement in State law enforcement in remote villages
will promote a stronger link between the State and village residents,
encourage community involvement, and create greater local accountability
with respect to violence and substance abuse;
(14) the United States has a trust responsibility to Indian tribes in the State;
(15) the report of the Indian
Law and Order Commission to the President and Congress entitled A Roadmap to Making Native America Safer and dated November 2013 found that the crisis in criminal justice in
the State is a national problem and urged the Federal Government and the
State
to strengthen tribal sovereignty and self-governance and for Congress to
create a jurisdictional framework to support tribal sovereignty and expand
the authority of Indian tribes in the State; and
(16) it is necessary to invoke the plenary authority of Congress over Indian tribes under article I,
section 8, clause 3 of the Constitution to improve
access to judicial systems in remote Alaska Native villages and provide
for the presence of trained local law enforcement.
(b)
Purposes
The purposes of this Act are—
(1) to improve the delivery of justice in Alaska Native villages by—
(A) encouraging the State and
Indian tribes to enter into intergovernmental agreements relating to the
enforcement and adjudication of State laws relating to drug and alcohol
offenses; and
(B) supporting Indian tribes in the State in the enforcement and
adjudication of tribal laws relating to child abuse and neglect, domestic
violence, and drug and alcohol offenses; and
(2) to enhance coordination and communication among Federal, State, tribal, and local law enforcement
agencies.
3.
Definitions
In this Act:
(1)
Attorney general
The term Attorney General means the Attorney General of the United States.
(2)
Grant program
The term grant program means the Alaska Safe Families and Villages Self Governance Intergovernmental Grant Program
established under section 4.
(3)
Indian tribe
The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a).
(4)
Participating Indian tribe
The term participating Indian tribe means an Indian tribe selected by the Attorney General to participate in the grant program or the
tribal law program, as applicable.
(5)
Remote Alaska village
The term remote Alaska village means an Alaska Native Village Statistical Area delineated for the Director of the Census by
the officials of the village for the purpose of presenting data for the
decennial census conducted under section 141(a) of title 13,
United States Code.
(6)
State
The term State means the State of Alaska.
(7)
Tribal court
The term tribal court means any court, council, or a mechanism of any court or council sanctioned by an Indian tribe for
the adjudication of disputes, including the violation of tribal laws,
ordinances, and regulations.
(8)
Tribal law program
The term tribal law program means the Alaska Safe Families and Villages Tribal Law Program established under section 5.
4.
Alaska safe families and villages self governance intergovernmental grant program
(a)
In general
The Attorney General shall establish a program in the Office of Justice Programs of the Department
of Justice, to be known as the Alaska Safe Families and Villages Self
Governance Intergovernmental Grant Program, to make grants to Indian
tribes acting on behalf of 1 or more Indian
tribes to assist Indian tribes in planning for and carrying out
intergovernmental agreements described in subsection (d).
(b)
Administration
(1)
In general
Each Indian tribe desiring to participate in the grant program shall submit to the Attorney General
an application in accordance with this section.
(2)
Eligibility for grant program
To be eligible to participate in the grant program, an Indian tribe in the State shall—
(A) request participation by resolution or other official action by the governing body of the Indian
tribe;
(B) have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions
regarding any Federal contract, compact, or grant;
(C) demonstrate to the Attorney General sufficient governance capacity to conduct the grant program, as
evidenced by the history of the Indian tribe in
operating government services (including public utilities, children’s
courts, law enforcement, social service programs, or other activities);
(D) certify that the Indian tribe has entered into, or can evidence intent to
enter into negotiations relating to, an intergovernmental agreement with
the State
described in subsection (d);
(E) meet such other criteria as the Attorney General may promulgate, after providing public notice and
an opportunity to comment; and
(F) submit to the Attorney General of the State a copy of the application.
(c)
Use of amounts
Each participating Indian tribe shall use amounts made available under the grant program—
(1) to carry out a planning phase that may include—
(A) internal governmental and organizational planning;
(B) developing written tribal law or ordinances, including tribal laws and ordinances detailing the
structure and procedures of the tribal court;
(C) developing enforcement mechanisms; and
(D) negotiating and finalizing any intergovernmental agreements necessary to carry out this section;
and
(2) to carry out activities of the Indian tribe in accordance with an applicable
intergovernmental agreement with the State.
(d)
Intergovernmental agreements
(1)
In general
The State (including political subdivisions of the State) and Indian tribes in the State are
encouraged to enter into intergovernmental agreements relating to the
enforcement of certain State laws by the Indian tribe.
(2)
Contents
(A)
In general
An intergovernmental agreement described in paragraph (1) may describe the duties of the State and
the applicable Indian tribe relating to—
(i) the employment of law enforcement officers, probation, and parole officers;
(ii) the appointment and deputization by the State of tribal law enforcement officers as special
officers to aid and assist in the enforcement of the criminal laws of the
State;
(iii) the enforcement of punishments imposed by the Indian tribe under tribal law;
(iv) the transfer of enforcement duties for State drug- and alcohol-related misdemeanor offenses to the
Indian tribe;
(v) the adjudication by the Indian tribe of State drug- and alcohol-related misdemeanor offenses;
(vi) the transfer of information and evidence between tribal law enforcement entities and the court
system of the State;
(vii) the detention of offenders;
(viii) searches and seizures of alcohol and drugs at municipal and State airports; and
(ix) jurisdictional or financial matters.
(B)
Remedies
Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq. ) (commonly known as the Indian Civil Rights Act of 1968), an intergovernmental agreement described in paragraph (1) may include remedies to be imposed by
the applicable Indian tribe relating to the enforcement of State law,
including—
(i) restorative justice, including circle sentencing;
(ii) community service;
(iii) fines;
(iv) forfeitures;
(v) commitments for treatment;
(vi) restraining orders;
(vii) emergency detentions; and
(viii) any other remedies agreed to by the State and Indian tribe.
(e)
Annual report
(1)
In general
Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of the House
of Representatives an annual report that—
(A) describes the grants awarded under the grant program;
(B) assesses the effectiveness of the grant program; and
(C) includes any recommendations of the Attorney General relating to the grant program.
(2)
Requirements
Each report shall be prepared in consultation with the government of each participating Indian
tribe and the State.
5.
Alaska safe families and villages self governance tribal law project
(a)
In general
The Attorney General shall establish a project in the Office of Justice Programs of the Department
of Justice, to be known as the Alaska Safe Families and Villages Self
Governance Tribal Law Project, to make grants to Indian
tribes acting on behalf of 1 or more Indian
tribes to assist Indian tribes in planning for and carrying out
concurrent jurisdiction activities described in subsection (d).
(b)
Application
(1)
In general
Each Indian tribe desiring to participate in the tribal law program shall submit to the Attorney
General an application in accordance with this section.
(2)
Eligibility
To be eligible to participate in the tribal law program, an Indian tribe in the State shall—
(A) request participation by resolution or other official action by the governing body of the Indian
tribe;
(B) have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions
regarding any Federal contract, compact, or grant;
(C) demonstrate to the Attorney General sufficient governance capacity to conduct the tribal law
program, as
evidenced by the history of the Indian tribe in operating government
services (including public utilities, children’s courts, law enforcement,
social service programs, or other activities);
(D) meet such other criteria as the Attorney General may promulgate, after providing for public
notice; and
(E) submit to the Attorney General of the State a copy of the application submitted under this
section.
(3)
Additional submissions
On completion of the planning phase described in subsection (c), the Indian tribe shall provide to
the Attorney General—
(A) the constitution of the Indian tribe or equivalent organic documents showing the structure of
the tribal government and the placement and authority of the tribal court
within that structure;
(B) written tribal laws or ordinances governing tribal court procedures and the regulation and
enforcement of
child abuse and neglect, domestic violence, drugs and alcohol, and
related matters; and
(C) such other information as the Attorney General may, by public notice, require.
(c)
Planning phase
(1)
In general
Each participating Indian tribe shall complete a planning phase that includes—
(A) internal governmental and organizational planning;
(B) developing written tribal law or ordinances detailing the structure and procedures of the tribal
court; and
(C) enforcement mechanisms.
(2)
Certification
(A)
In general
Not later than 120 days after receiving an application under subsection (b), the Attorney General
shall
certify the completion of the planning phase under this section.
(B)
Timing
The Attorney General may make a certification described in subparagraph (A) on the date on
which
the participating Indian tribe submits an application under subsection
(b) if the Indian tribe demonstrates to the Attorney General that
the
Indian tribe has satisfied the requirements of the planning phase
under paragraph (1).
(d)
Concurrent jurisdiction
(1)
In general
Unless otherwise agreed to by the Indian tribe in an intergovernmental agreement, beginning
30
days after the date on which the certification described in
subsection (c)(2) is made, the participating Indian tribe may
exercise civil jurisdiction, concurrent with the State, in matters
relating
to child abuse and neglect, domestic violence, drug-related offenses, and
alcohol-related offenses over—
(A) any member of, or person eligible for membership in, the Indian tribe; and
(B) any nonmember of the Indian tribe, if the nonmember resides or is located in the remote
Alaska Native village in which the Indian tribe operates.
(2)
Sanctions
A participating Indian tribe exercising jurisdiction under paragraph (1) shall impose such
civil
sanctions as the tribal court has determined to be appropriate,
consistent with title II of Public Law 90–284 (25 U.S.C. 1301 et
seq.) (commonly known as the Indian Civil Rights Act of 1968) and tribal law, including—
(A) restorative justice, including community or circle sentencing;
(B) community service;
(C) fines;
(D) forfeitures;
(E) commitments for treatment;
(F) restraining orders;
(G) emergency detentions; and
(H) any other remedies the tribal court determines are appropriate.
(3)
Incarceration
A person shall not be incarcerated by a participating Indian tribe exercising jurisdiction under
paragraph (1) except pursuant to an intergovernmental agreement
described in section
4(d).
(4)
Emergency circumstances
Nothing in this subsection prevents a participating Indian tribe exercising jurisdiction under
paragraph (1) from—
(A) assuming protective custody of a member of the Indian tribe or otherwise taking action to
prevent imminent harm to that member or others; and
(B) taking immediate, temporary protective measures to address a situation involving an
imminent threat of harm to a member of the Indian tribe by a nonmember.
(e)
Annual report
(1)
In general
Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of the
House of Representatives a brief annual report that—
(A) details the activities carried out under the tribal law program; and
(B) includes an assessment and any recommendations of the Attorney
General relating to the tribal law program.
(2)
Requirements
Each report shall be prepared—
(A) in consultation with the government of each participating Indian tribe; and
(B) after the participating Indian tribe and the State have an opportunity to comment on the
report.
6.
Administration
(a)
Effect of Act
Nothing in this Act—
(1) limits, alters, or diminishes the civil or criminal jurisdiction of the State, any subdivision of
the State, or the United States;
(2) limits or diminishes the jurisdiction of any Indian tribe in the State, including inherent and
statutory authority of the Indian tribe over alcohol, and drug abuse,
child protection, child custody, and domestic violence (as in effect on
the day before the date of enactment of this Act);
(3) creates a territorial basis for the jurisdiction of any Indian tribe in the State (other than as
provided in section 5) or otherwise establishes Indian country (as defined
in section 1151 of title 18, United States Code) in any area of
the State;
(4) confers any criminal jurisdiction on any Indian tribe in the State unless agreed to in an
intergovernmental agreement described in section 4(d);
(5) diminishes the trust responsibility of the United States to Indian tribes in the State;
(6) abridges or diminishes the sovereign immunity of any Indian tribe in the State;
(7) alters the criminal or civil jurisdiction of the Metlakatla Indian Community within the Annette
Islands Reserve (as in effect on the date before the date of enactment of
this Act); or
(8) limits in any manner the eligibility of the State, any political subdivision of the State, or any
Indian tribe in the State, for any other Federal assistance under any
other law.
(b)
No liability for the State of Alaska
The State, including any political subdivision of the State, shall not be liable for any act or
omission of a participating Indian tribe in carrying out this Act,
including any act or omission of a participating Indian tribe undertaken
pursuant to an intergovernmental agreement described in section 4(d).
(c)
Regulations
The Attorney General shall promulgate such regulations as the Attorney General determines are
necessary to carry out this Act.
(d)
Eligibility for Federal programs
(1)
In general
Participating Indian tribes shall be eligible for the same tribal court and law enforcement
programs and level of funding from the Bureau of Indian Affairs as are
available to other Indian tribes.
(2)
Applicability in the State
Nothing in this Act limits the application in the State of—
(A) the Tribal Law and Order Act of 2010 (Public Law 111–211; 124 Stat. 2261);
(B) the Violence Against Women Reauthorization Act of 2013 (Public law 113–4; 127 Stat. 54); or
(C) any amendments made by the Acts referred to in subparagraphs (A) and (B).
(e)
Full faith and credit
(1)
In general
Each of the 50 States shall give full faith and credit to all official acts and decrees of the
tribal court
of a participating Indian tribe to the same extent and in the
same manner as that State accords full faith and credit to the
official
acts and decrees of other States.
(2)
Other laws
Nothing in this subsection impairs the duty of the State to give full faith and credit
under any other law.
7.
Technical assistance
(a)
In general
The Attorney General may enter into contracts with Indian tribes in the
State to provide—
(1) training and technical assistance on tribal court development to any Indian tribe in the
State; and
(2) the training for proper transfer of evidence and information—
(A) between tribal and State law
enforcement entities; and
(B) between State and tribal court systems.
(b)
Cooperation
Indian tribes may cooperate with other entities for the provision of
services under the contracts described in subsection (a).
8.
Funding
The Attorney General shall use amounts made available to the Attorney General for the Office of
Justice Programs to carry out this Act.
9.
Repeal of special rule for State of Alaska
Section 910 of the Violence Against Women Reauthorization Act of 2013 ( 18 U.S.C. 2265 note; Public
Law 113–4 ) is repealed.
August 26, 2014Reported with an amendment