About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (January 12, 2024)

handle is hein.crs/govenzn0001 and id is 1 raw text is: Congre &ion I Resear h Service nformingj 1h legislative debate sinco 1914 January 12, 2024 Law Enforcement on Tribal Lands Tribal law enforcement is an issue of continuing interest to many policymakers because Native Americans are statistically more likely than members of other races and ethnicities to be victims of violence and tribal law enforcement agencies (LEAs) have historically had fewer resources relative to non-tribal agencies. This In Focus provides an overview of tribal law enforcement, federal funding for tribal LEAs, their authority to enforce federal and state laws, and training for tribal law enforcement officers (LEOs). Types of Tribal Law Enforcement Agencies Tribally operated LEAs are the most common type of LEA on tribal lands. The Bureau of Justice Statistics (BJS) reported that of the 258 tribal LEAs on tribal lands in 2018, 234 (91%) were tribally operated. These agencies employed a total of 3,834 LEOs. Many tribal LEAs are relatively small; 82% employ fewer than 25 officers. The majority of tribal LEAs (203) are general service agencies, meaning that they respond to calls for service, conduct investigations, and conduct traffic enforcement. The remaining LEAs are mostly conservation and wildlife protection agencies (30), though there is one tribal university LEA. Public Law 83-280 Public Law 83-280, commonly known as P.L. 280, transferred federal criminal jurisdiction over tribal reservation lands, with a few exceptions (see 18 U.S.C. §I I 62), to six states: Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin (known as mandatory P.L. 280 states). The law also permitted other states to assume full or partial state criminal jurisdiction. Arizona, Florida, Idaho, Iowa, Montana, Nevada, North Dakota, South Dakota, Utah, and Washington (known as optional P.L. 280 states) have adopted full or partial criminal jurisdiction over tribal reservation lands. In 1968, Congress amended the law to require tribal consent before states could assume additional jurisdiction (see P.L. 90-284), and no tribes have provided consent since. Most tribes that operate their own LEAs in non-P.L. 280 states do so under the auspices of the Indian Self- Determination and Education Assistance Act of 1975 (P.L. 93-638). That act allows tribes to establish their own government functions by contracting or compacting with the Bureau of Indian Affairs (BIA) and several other federal agencies to administer certain federal programs. Sworn and nonsworn staff of these LEAs are tribal employees. Tribes can operate their LEAs under a 638 contract, which establishes the LEA's organizational structure, recommends performance standards, and provides federal funding for the agency. Tribes can also operate their LEAs under a 638 compact, which gives them more control over the LEA's operations because BIA funds compacts through a block grant, whereas under a 638 contract BIA pays for budgeted line items. Tribes in P.L. 280 states can operate their own LEA to enforce tribal law on reservations, but they must fund the agency with tribal revenue and/or grant funds. In general, tribes in P.L. 280 states do not receive 638 funds from BIA. In many cases, sheriff's departments provide law enforcement services on tribal lands in P.L. 280 states. BJS reported that 23 LEAs on tribal lands (9%) are directly operated by BIA's Office of Justice Services (OJS). Officers of these agencies are federal employees and they are a part of a national, BIA-operated law enforcement organization. BIA OJS shares jurisdiction with the Federal Bureau of Investigation (FBI) to investigate offenses under the General Crimes Act (18 U.S.C. § 1152) and the Major Crimes Act (18 U.S.C. §1153). BIA LEOs can enforce tribal laws with the tribe's permission. BIA employs both patrol officers and investigators to provide law enforcement services on reservations where they provide direct services. Funding for Tribal Law Enforcement Agencies Many tribes use 638 contract and compact funding from BIA to operate their LEAs. BIA allocates public safety and justice (PS&J) funding to tribes based on historical funding levels for these programs. Prior to 1999, tribes received funding from BIA for law enforcement and corrections as a Tribal Priority Allocation (TPA). Tribes were allowed to allocate and reallocate funds for any TPA function to reflect the tribe's priorities. BIA, at the direction of Congress, ended the TPA designation for law enforcement and corrections funding in 1999 in order to ensure that BIA funding for law enforcement and corrections was used for that purpose. Base law enforcement and corrections funding for tribes is based on what the tribe allocated for law enforcement and corrections in 1999. Additional PS&J funding provided since 1999 is allocated among tribes based on a series of factors including violent crime rates, staffing levels, service population, and calls for service. BIA funding may not cover all LEA operating costs, so tribes supplement 638 funds with tribal funds, state and federal grants, and other sources (see Table 1). The Department of Justice (DOJ) allows tribes to apply for most tribe-specific grants through its Coordinated Tribal Assistance Solicitation (CTAS). Tribes can receive funding for public safety and community policing, among other

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most