Tribal Law & Order Act
Update
National Congress of American Indians
Lincoln, Nebraska
June 18, 2012
Tribal Law & Order Act

Signed in to law by President Obama on
July 29, 2010.

Public Law 111-211.
Confirmation of Existing
DOJ Practices

Authorizes and mandates:
– That USAOs must designate tribal liaison with
statutorily specified duties: DONE
– That DOJ Office of Tribal Justice become a
permanent component at Main Justice: DONE
Federal Declinations

When federal investigation terminated or
USAO declines prosecution, US “shall
coordinate” with tribal law enforcement
officials.

EOUSA to submit annual reports to
Congress.
Reports to Congress
DOJ COPS office to submit Indian country
report to Congress.
 http://tloa.ncai.org/documentlibrary/2011/
08/COPS%20Report%20tloa.pdf

DOJ/DOI to submit Indian country long
term adult & juvenile detention plan.
 www.bja.gov/pdf/FinalTLOATribalJusticePl
an.pdf

Information Sharing

Statutorily confirms existing FBI CJIS
policy to allow tribal law enforcement
access to federal criminal information
databases including NCIC (28 USC 534).

Requires BIA OJS to report UCR crime
data to FBI CJIS on a tribe-by-tribe basis.
DOJ NCIC Access Project

32 tribal police departments identified:
– Without NCIC access,
– That need independent NCIC access, and,
– Are unable to it acquire through normal
means.
DOJ NCIC Access Project

Out of 32 tribal police departments:
– 12 in California
– 4 in Nevada
– 2 in Oklahoma
– 14 other (1 each in Idaho, Iowa, Maine,
Minnesota, Montana, Nebraska, New Mexico,
New York, Oregon, Rhode Island, South
Dakota, Texas, Utah & Washington).
DOJ NCIC Access Project

Installation done: 17

Installation in progress: 4

Tribe declined or information not provided
by tribe: 11
Charitable Foundation

Creates Indian Law Enforcement
Foundation.

Receive donations and grant awards to
BIA OJS & tribal public safety & justice
services programs.

Next step: incorporation in DC.
Law and Order Commission

New Indian Law & Order Commission to
conduct a comprehensive study of IC
criminal justice system.
Law and Order Commission

Meetings so far:
– Tulalip, WA
– Portland, OR
– Santa Ana & Pojoaque Pueblos, NM
– Phoenix, AZ
– Palm Springs, CA
– Washington, DC
– Oklahoma City, OK
– Rosebud Sioux, SD
Law and Order Commission

Upcoming Meetings:
– Anchorage, AK – July 2012
– St. Regis Mohawk, NY – August 2012
– Bismarck, ND – September 2012
– Will submit final report to President &
Congress in 2012.
Felony Criminal Jurisdiction
Tribal courts that opt-in must provide:
 Bar-licensed indigent counsel,
 Judge with “sufficient training” to conduct
criminal trial,
 Tribal criminal laws/rules be publicly
available, and
 Court proceedings must be recorded.
DOJ Bureau of Prisons
Tribal Prisoner Pilot Program

Must be Tribally sentenced.

Capacity: up to 100 prisoners.

Cost: BOP expense.
BOP Tribal Prisoner Pilot
Program
Must be sentenced under new tribal court
felony sentencing authority.
 Must be for a violent crime.
 Sentence must be for at least two years.


www.bop.gov/inmate_programs/tloa.jsp
Public Law 280
Jurisdiction Assumption
Amends “Public Law 280” (18 USC 1162).
 Prior to TLOA, retrocession required State
concurrence and approval by the
Secretary of the Interior.
 TLOA allows for re-assumption of
concurrent federal jurisdiction by the
Attorney General; no State concurrence is
required.

Public Law 280
Jurisdiction Assumption

Proposed rules published: 76 FR 29675 (523-2011).

Final rules published: 76 FR 76037 (12-62011); took effect January 5, 2012.

28 CFR 50.25
Public Law 280
Jurisdiction Assumption
Request made by chief executive official of
tribe (President, Chairman, Chief,
Governor, etc.).
 Request sent to OTJ.
 Explain how it will improve public safety &
law enforcement.
 Identify state/local agencies that have
jurisdiction.

Public Law 280
Jurisdiction Assumption

OTJ will:
– Acknowledge receipt
– Publish FR notice seeking public comment
– Notify state/local LE & State Governor
– Seek comments from DOJ (USAO, FBI, etc.)
– Seek comments from other federal agencies
(federal district court, BIA, DHS, etc.)
– Initiate consultation with tribe
Public Law 280
Jurisdiction Assumption

Factors to be considered:
– Whether it will improve public safety, law
enforcement, & reduce crime.
– Whether it will improve access to resources:
 Law enforcement
 Judicial
 Detention & corrections
– Comments received
Public Law 280
Jurisdiction Assumption

Recommendation to be made by
– Office of Tribal Justice
– Executive Office for US Attorneys
– Federal Bureau Investigation

Decision to be made by Deputy Attorney
General
Public Law 280
Jurisdiction Assumption

DAG’s options:
– Consent to assumption (with our without
conditions) and publish notice in FR,
– Deny request, or
– Request further information.
Public Law 280
Jurisdiction Assumption

Pending Requests:
– Elk Valley (CA)
– Hoopa Valley (CA)
– Table Mountain (CA)
– White Earth (MN)
Chris Chaney
 US DOJ Office of Tribal Justice
 (202) 353-0257
 christopher.chaney@usdoj.gov


www.justice.gov/otj