09-36 Support federal legislation regarding tribal law enforcement and justice

Published on November 10th, 2009

By ALEX DEMARBAN

Summary

Federal legislation should confirm tribal authority to regulate alcohol and drugs and domestic violence within villages. The Alaska Native Tribal Law Enforcement Project as proposed by AFN's Human Resources Committee should be included in Senate bill 797 or enacted through some other vehicle.

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Full Text

RESOLUTION 09-36

A RESOLUTION SUPPORTING FEDERAL LEGISLATION TO CONFIRM TRIBAL TERRITORIAL JURISDICTION IN ALASKA TO REGULATE DOMESTIC VIOLENCE, ALCOHOL AND DRUGS

WHEREAS: Although the state and federal courts have recognized that Alaska Native tribes have civil authority over their own members in some contexts, such as child protection and child custody, the extent of tribal authority to regulate other matters is unclear and the State of Alaska continues to litigate against tribal authority, even in regard to children, in the federal courts; and

WHEREAS: These matters are further complicated by the fact that Alaska is a P. L. 280 state; and

WHEREAS: For at least the last decade, the Alaska Federation of Natives ("AFN") and the Alaska Native community in general have urged Congress to pass legislation that would confirm that Alaska Native tribes can enforce civil regulatory ordinances to deal with social and wellness issues in their villages, including at the very least the ability to regulate domestic violence, alcoholic beverages and drugs; and

WHEREAS: The State of Alaska has not provided adequate criminal justice services in rural Alaska, particularly in regard to misdemeanor and minor offenses, and is unlikely to ever do so because of the cost of providing law enforcement, judicial, prosecutorial and defense services in remote geographic areas; and

WHEREAS: Many tribal governments in Alaska are ready and able to deal with such issues at home at relatively low cost, but are hampered the lack of clear authority to act and the failure of state institutions to recognize tribal authority; and

WHEREAS: In the current Congress, the Senate is considering S. 797, the "Tribal Law and Order Act of 2009" which is designed primarily to enhance tribal law enforcement, judicial and detention services for reservation tribes; and

WHEREAS: A workgroup of the Alaska Federation of Natives has developed a legislative proposal, the "Alaska Native Tribal Law Enforcement Demonstration Project," which has been approved by the AFN Human Resources Committee, that would establish and fund a demonstration project wherein up to 30 Alaska Native tribes could develop and enforce, through tribal courts, tribal laws dealing with alcohol, drugs and related offenses within the geographic area of their villages, and including all people of Native American descent and other persons in consensual relationships with Natives; and

WHEREAS: The demonstration project as approved by the AFN Human Resources Committee was designed to be either an amendment to S. 797 or a stand-alone bill; and

WHEREAS: Senator Lisa Murkowski successfully introduced several amendments to S. 797 which would 1) authorize funding for tribal public safety positions funded through the COPS grant program and the Staffing for Fire and Emergency Response program; 2) create a "Community Safety Demonstration Project" for up to 30 tribes for "innovative approaches" to improve public safety in the areas of sexual assault, domestic violence, drug and alcohol related crimes, which may include tribal courts and the civil enforcement of tribal ordinances against tribal members only; and 3) require the General Accounting Office to conduct a study of the capacity of IHS hospitals in Alaska to process the evidence of sexual assaults needed for criminal prosecutions; and

WHEREAS: Although Senator Murkowski's amendments would authorize appropriations of $12 million annually for the fiscal years 2011 through 2015, the Community Safety Demonstration project does not clarify or confirm tribal jurisdiction and would likely lead to litigation with the State if demonstration project tribes attempted to enforce tribal ordinances in cases other than children's cases;

WHEREAS: There is a savings clause in the legislation that states: (i) Nothing in this Title shall be construed to limit, alter, or diminish the civil or criminal jurisdiction of the State of Alaska, or any subdivision thereof, the United States, or any federally recognized Tribe in Alaska.

NOW THEREFORE BE IT RESOLVED by the delegates to the 2009 ArulUal Convention of the Alaska Federation of Natives, Inc., that AFN continues to support federal legislation to clearly confirm tribal authority to regulate, at a minimum, domestic violence, alcohol and drugs within the villages; and

BE IT FURTHER RESOLVED that AFN supports the Alaska Native Tribal Law Enforcement Project as proposed by the Alaska Federation of Natives Human Resources Committee, and urges that it be included in S. 797 or enacted through some other vehicle; and

BE IT FURTHER RESOLVED that AFN thanks Senator Murkowski and the Alaska Congressional Delegation for their efforts in this matter.

SUBMITTED BY: BRISTOL BAY NATIVE ASSOCIATION

COMMITTEE ACTION: DO PASS

CONVENTION ACTION: AMENDED AND PASSED