Sec. 4. Alaska Safe Families and Villages Self Governance Program

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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). Each Indian tribe desiring to participate in the program shall submit to the Director an application in accordance with this section. To be eligible to participate in the program, an Indian tribe in the State shall— request participation by resolution or other official action from the governing body of the Indian tribe; have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contract or grant; 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); certify that the Indian tribe has entered into an intergovernmental agreement with the State described in subsection (d); meet such other criteria as the Attorney General may promulgate, after providing public notice and an opportunity to comment; and submit to the Attorney General of the State a copy of the application.

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. Each participating Indian tribe shall use amounts— to carry out a planning phase that may include— internal governmental and organizational planning; developing written tribal law or ordinances detailing the structure and procedures of the tribal court; developing enforcement mechanisms; and negotiating and finalizing any intergovernmental agreements necessary to carry out this Act; and to carry out activities of the Indian tribe in accordance with an applicable intergovernmental agreement with the State.

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. An intergovernmental agreement described in paragraph

(1)may describe the duties of the State and the applicable Indian tribe relating to— the employment of law enforcement officers, probation, and parole officers; 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; the enforcement of punishments imposed by the Indian tribe under tribal law; the transfer of enforcement duties for State drug- and alcohol-related misdemeanor offenses to the Indian tribe; the adjudication by the Indian tribe of State drug- and alcohol-related misdemeanor offenses; the transfer of information and evidence between tribal law enforcement entities and the court system of the State; the detention of offenders; searches and seizures of alcohol and drugs at municipal and State airports; and jurisdictional or financial matters. Subject to title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq. ) (commonly known as the ), 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— Indian Civil Rights Act of 1968 restorative justice, including circle sentencing; community service; fines; forfeitures; commitments for treatment; restraining orders; emergency detentions; and any other remedies agreed to by the State and Indian tribe. 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— describes the grants awarded under the program; assesses the effectiveness of the program; and includes any recommendations of the Attorney General relating to the program. Each report shall be prepared in consultation with the government of each participating Indian tribe and the State. 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). The Attorney General shall promulgate such regulations as the Attorney General determines are necessary to carry out this Act. 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. Nothing in this Act limits the application in the State of— the Tribal Law and Order Act of 2010 ( Public Law 111–211 ; 124 Stat. 2261); the Violence Against Women Reauthorization Act of 2013 (Public law 113–4; 127 Stat. 54); or any amendments made by the Acts referred to in subparagraphs

(A)and (B). Nothing in this Act— limits, alters, or diminishes the civil or criminal jurisdiction of the State, any subdivision of the State, or the United States; 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); 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; confers any criminal jurisdiction on any Indian tribe in the State; diminishes the trust responsibility of the United States to Indian tribes in the State; abridges or diminishes the sovereign immunity of any Indian tribe in the State; 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); 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; 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 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.

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