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This discussion draft establishes a demonstration project at the Office of Justice Programs at the Department of Justice under which a limited number of Indian tribes in remote villages in Alaska will offer alternative tribal diversion remedies to combat drug-related and alcohol-related misdemeanor offenses; improve public safety in remote villages that have a large Alaska Native population; enhance coordination and communication among Federal, State, tribal, and local law enforcement agencies; and increase funding for, and therefore availability of local law enforcement in Alaskas remote villages. PARTICIPATION. In consultation with the Attorney General of the State of Alaska, the Office of Justice Programs shall select over a three year period, not more than 12 Indian tribes in Alaska to participate in the Project, with not more than 4 Indian tribes being selected during each of the fiscal years 2014, 2015, and 2016. DURATION. Each Indian tribe selected to participate shall remain in the Project for a period of 5 years. At the conclusion of 5 years, the Indian tribes participation shall be terminated unless further action is taken by Congress. ANNUAL REPORT. On or before May 1 of each year, the Attorney General shall provide to the Senate Committee on Indian Affairs and the House Committee on Natural Resources a brief annual report detailing activities undertaken under the Project and setting forth an assessment of the Project and any recommendations of the Attorney General for further action by Congress. Each report submitted shall be prepared in consultation with the governments of Indian tribes in Alaska; and those governments and the State of Alaska shall have an opportunity to comment on each report prior to the finalization of the report. APPLICATIONS, CRITERIA. Each Indian tribe interested in participating in the Project shall submit an application to the Office of Tribal Justice. To qualify for participation in the Project, an Indian tribe in a village in Alaska shall: request participation by resolution or other official action by the governing body of an Indian tribe; have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contracts or grants; demonstrate to the Attorney General sufficient governance capacity to conduct the Project, as evidenced by the history of the Indian tribe in operating government services, including public utilities, childrens courts, social service programs, or other activities; be participating in the Alaska Law Enforcement Officer Grants Program,

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or be in a village that is participating in the Alaska Law Enforcement Officer Grants Program (outlined below); and meet such other criteria as the Attorney General of the United States may promulgate, after providing for public notice. Each Indian tribe applying to participate in the Project shall provide to the Office of Tribal Justice: the constitution of the Indian tribe or equivalent organic documents showing the requirements for tribal membership, and the internal governmental and organizational structure of the tribal government, including that of the tribal court; the Indian tribes written tribal ordinances, including those detailing the structure and operation of the tribal court; the diversion remedies the tribe intends to offer to offenders in drug-related and alcohol related misdemeanor offenses in the village as a possible alternative to state misdemeanor criminal prosecution; and such other information required by the Attorney General of the United States At the time of application, each Indian tribe shall send a copy of its application submitted to the Attorney General of Alaska. All applications submitted shall be subject to public comment for a period of not less than 30 days following publication of notice in a newspaper or other publication of general circulation in the vicinity of the village in which the Indian tribe is primarily centered. SELECTION TO PARTICIPATE. Commencing 30 days after a tribe is selected to participate in the Project and the tribal or village law enforcement officer is appointed or deputized by the State as a special officer to aid and assist in the enforcement of the criminal laws of the State, the law enforcement officer may offer civil tribal diversion remedies to offenders in drug-related and alcohol-related state misdemeanor offenses in the village as a possible alternative to state misdemeanor criminal prosecution where the offender, whether a member or nonmember of that Indian tribe, knowingly and willingly consents to the tribal diversion remedies in writing. TRIBAL DIVERSION REMEDIES. If an offender agrees to the civil tribal diversion remedies as a possible alternative to state misdemeanor criminal prosecution, the participating Indian tribes tribal court may impose such sanctions for the drug and alcohol related state misdemeanor offenses as it determines to be appropriate, consistent with the Indian Civil Rights Act and tribal law, including measures such as: restorative justice; community service; fines; forfeitures; commitments for treatment; restraining orders; emergency detentions; exclusion of

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the person from the village for 20 days or less for initial violations, as needed to protect the village from future crimes; and exclusion of the person from the village for up to one year where there are repeated violations, as needed to protect the village from future crimes. An Indian tribe may not incarcerate a person; exclude a person from the village for more than 20 days for an initial violation; or exclude a person from the village for more than one year where there are repeated violations. Exclusion of a person from a village for 20 days or less for initial violations and for up to one year for repeated violations shall be considered a civil remedy. EMERGENCY CIRCUMSTANCES. Nothing shall prevent an Indian tribe participating in this Project from assuming protective custody of a tribal member to prevent imminent harm to self or others. NOTICE TO STATE. An Indian tribe participating in the Project shall provide notice to the State including: the signed written consent of the offender showing that they knowingly and willingly consented to the tribal diversion remedy; the drug related or alcohol related state misdemeanor offense diverted to the tribe by the law enforcement officer for civil tribal diversion remedies as a possible alternative to a state misdemeanor criminal prosecution; the civil tribal diversion remedy that was actually imposed by the tribe; and whether the offender fulfilled all the terms of the civil tribal diversion remedy imposed by the tribe. STATES RETAINED POWERS. Even where a party has agreed to the tribal diversion remedies as a possible alternative to a state criminal prosecution, the State retains jurisdiction and may bring, in its discretion, a civil or criminal action for violations of state law where the offender does not comply with the tribes diversion remedies or where the diversion remedies are ineffectual. STIPULATIONS. Nothing herein confers criminal jurisdiction on any Indian tribe in Alaska; confers jurisdiction on any Indian tribe in Alaska over non-members of that Indian tribe; limits, alters, or diminishes the civil or criminal jurisdiction of the State of Alaska, any subdivision of the State of Alaska or the United States; limits, alters, or diminishes the civil jurisdiction of any Indian tribe in Alaska; creates a territorial basis for the jurisdiction of any Indian tribe in Alaska or otherwise creates Indian country in any area of Alaska; diminishes the trust responsibility of

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the United States to Indian tribes in Alaska; abridges or diminishes the sovereign immunity of any Indian tribe in Alaska; affects the civil or criminal jurisdiction of the Metlakatla Indian Community within the Annette Island Reservation; limits in any manner the eligibility of the State of Alaska, any political subdivision of the State, or any Indian tribe in Alaska for any other Federal assistance under any other law; or alters any Indian tribes existing jurisdictional authority over domestic violence under the Violence Against Women Act. LIABILITY. The State of Alaska, an employee of the State, and any political subdivision of the State shall not be liable for any act or omission of an Indian tribe participating in this project. CONTRACTS. Each Indian tribe participating in the Project shall be eligible for a contract from the Office of Justice Programs, in an amount not to exceed $(to be determined) per year, for use in defraying costs associated with the Project including costs relating to: tribal court operations and personnel; utility and maintenance; overhead; equipment; infrastructure in the village; and continuing education (including travel). The contracts made available under this section shall be: in addition to such grants as may be available under this Act or other provisions of law; and awarded as contracts in a form authorized by the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). A tribal organization may enter into contracts on behalf of an Indian tribe participating in the Project upon express written delegation of authority by the Indian tribe to the tribal organization. REGULATIONS. The Attorney General of the United States may promulgate such regulations as the Attorney General determines to be necessary to carry out these provisions, including minimum reporting requirements as the Attorney General determines are reasonably necessary to carry out these provisions. APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $(to be determined) for each of fiscal years 2014 through 2020.

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ALASKA LAW ENFORCEMENT OFFICER GRANT. The Office of Justice Services of the Department of the Interior shall carry out a contract program for the employment of law enforcement officers in Alaska villages. The contract program shall provide for the employment of 1 law enforcement officer in each village, unless the Office of Justice Services has waived the 1-officer limitation based on a showing of compelling circumstances. Application Criteria: to qualify for a contract under this section, an applicant shall either be: an Indian tribe that is participating in a Project under these provisions or a village that is home to an Indian tribe that is participating in a Project; demonstrate that there are no resident law enforcement personnel living in the applicable village; have entered into an intergovernmental agreement regarding the employment of law enforcement officers to enforce state criminal laws under these provisions; and satisfy such other criteria as may be established by the Office of Justice Services. Contracts- Each contract awarded under this section shall be in an amount not to exceed $(to be determined) for the salary and benefits, training, equipment, and other related costs for employing each law enforcement officer in a village. Housing and infrastructure grant- Each contract awarded under this section may also provide up to $(to be determined) for housing and infrastructure in support of the law enforcement position. Fund disbursement- At the request of an applicant, the Office of Justice Services shall disburse funds awarded under this section through modifications to existing self-determination contracts or self-governance compacts authorized under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), or by contract to a political subdivision of the State of Alaska pursuant to an agreement. Eligibility for BIA Training- Law enforcement officers hired pursuant to this section shall be eligible to attend the Bureau of Indian Affairs Police Officer Training Program. Authorization of Appropriations- There is authorized to be appropriated to carry out this section $(to be determined) for each of fiscal years 2014 through 2020.

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TECHNICAL ASSISTANCE. The Attorney General of the United States may enter into 18-month contracts with tribal organizations in Alaska to provide training and technical assistance on tribal court development for any Indian tribes in Alaska. Tribal organizations may cooperate with other entities for the provision of services under the applicable contracts. Authorization of Appropriations- There is authorized to be appropriated to carry out this section $(to be determined). INTERGOVERNMENTAL AGREEMENTS. In General- The State of Alaska, political subdivisions of the State, Indian tribes in Alaska, and the United States are each authorized and encouraged to enter into intergovernmental agreements concerning: the employment of law enforcement officers; the appointment and deputization by the State of tribal or village law enforcement officers as special officers to aid and assist in the enforcement of the criminal laws of the State; the detention of offenders; and jurisdictional or financial matters. Nothing in this section shall be construed as restricting the right of the judicial system of Alaska to enter into agreements with the tribal courts. The State of Alaska, an employee of the State, and any political subdivision of the State, shall not be liable for: any act or omission of a law enforcement officer undertaken pursuant to an intergovernmental agreement entered into under this section; or any damages that arise out of entering into an intergovernmental agreement under this section.

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