A bill to authorize the States and the Indian tribes to enter into mutual agreements and compacts respecting jurisdiction and governmental operations in Indian country.
Tribal-State Compact Act of 1982 - Title I: Authorization of Compacts and Agreements - Authorizes the States and the Indian tribes to enter into compacts on matters relating to: (1) the enforcement or application of civil, criminal, and regulatory laws of each within their respective jurisdictions; (2) the allocation or determination of governmental responsibility of States and tribes over specified subject matters or specified geographical areas, or both, including agreements or compacts providing for concurrent jurisdiction between the States and the Tribes; and (3) agreements or compacts providing for the transfer of jurisdiction of individual cases from tribal courts to State courts or State courts to tribal courts in accordance with procedures established by the laws of the tribes and States.
Provides that such an agreement or compact shall expire within: (1) three years, if it relates to the enforcement of any civil or criminal law; or (2) five years, for any other type of agreement.
Provides for revocation of such agreements and compacts.
Requires any State entering into such an agreement or compact with an Indian tribe to publish, prior to its effective date, in a newspaper of general circulation within the geographical area to which the agreement or compact applies: (1) the text of the agreement or compact; and (2) rules and procedures under which non-Indians residents may request a special election to determine if the agreement or compact is applicable to them. Sets forth requirements for such special elections.
Allows the United States, upon agreement of the parties and the Secretary of the Interior, to provide up to 100 percent of the costs for personnel or administrative expenses in any agreement or compact between an Indian tribe and a State under this Act. Sets forth criteria which the Secretary may consider in determining the amount of Federal assistance.
Authorizes appropriations, not exceeding $10,000,000 for each fiscal year, for FY 1982 and thereafter to carry out the compacts entered into in accordance with this title.
Title II: Planning and Monitoring Boards - Directs the Secretary of the Interior to: (1) encourage the tribes and the States to establish councils, committees, boards, or task forces to discuss jurisdictional questions; and (2) provide Federal representatives to such conferences. Authorizes the utilization of specified funds to assist such conferences and further deliberations among the tribes.
Title III: Judicial Enforcement - Grants to district courts original jurisdiction over civil actions to secure equitable relief brought by parties to an agreement entered into in accordance with this Act. Declares that actions for damages shall only exist as specificially provided for in such agreements.
Introduced in Senate
Read second time and referred to Senate Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held.
Committee on Indian Affairs. Committee consideration and Mark Up Session held.
Committee on Indian Affairs. Committee consideration and Mark Up Session held.
Committee on Indian Affairs. Committee consideration and Mark Up Session held.
Committee on Indian Affairs. Ordered to be reported with amendments favorably.
Committee on Indian Affairs. Reported to Senate by Senator Cohen with amendments. With written report No. 97-653.
Committee on Indian Affairs. Reported to Senate by Senator Cohen with amendments. With written report No. 97-653.
Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 941.
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