Law Enforcement on Tribal Lands

Law Enforcement on Tribal Lands

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January 12, 2024
Law Enforcement on Tribal Lands
Tribal law enforcement is an issue of continuing interest to
establishes the LEA’s organizational structure, recommends
many policymakers because Native Americans are
performance standards, and provides federal funding for the
statistically more likely than members of other races and
agency. Tribes can also operate their LEAs under a 638
ethnicities to be victims of violence and tribal law
compact, which gives them more control over the LEA’s
enforcement agencies (LEAs) have historically had fewer
operations because BIA funds compacts through a block
resources relative to non-tribal agencies. This In Focus
grant, whereas under a 638 contract BIA pays for budgeted
provides an overview of tribal law enforcement, federal
line items.
funding for tribal LEAs, their authority to enforce federal
and state laws, and training for tribal law enforcement
Tribes in P.L. 280 states can operate their own LEA to
officers (LEOs).
enforce tribal law on reservations, but they must fund the
agency with tribal revenue and/or grant funds. In general,
Types of Tribal Law Enforcement
tribes in P.L. 280 states do not receive 638 funds from BIA.
Agencies
In many cases, sheriff’s departments provide law
Tribally operated LEAs are the most common type of LEA
enforcement services on tribal lands in P.L. 280 states.
on tribal lands. The Bureau of Justice Statistics (BJS)
reported that of the 258 of tribal LEAs on tribal lands in
BJS reported that 23 LEAs on tribal lands (9%) are directly
2018, 234 (91%) were tribally operated. These agencies
operated by BIA’s Office of Justice Services (OJS).
employed a total of 3,834 LEOs. Many tribal LEAs are
Officers of these agencies are federal employees and they
relatively small; 82% employ fewer than 25 officers. The
are a part of a national, BIA-operated law enforcement
majority of tribal LEAs (203) are general service agencies,
organization. BIA OJS shares jurisdiction with the Federal
meaning that they respond to calls for service, conduct
Bureau of Investigation (FBI) to investigate offenses under
investigations, and conduct traffic enforcement. The
the General Crimes Act (18 U.S.C. §1152) and the Major
remaining LEAs are mostly conservation and wildlife
Crimes Act (18 U.S.C. §1153). BIA LEOs can enforce
protection agencies (30), though there is one tribal
tribal laws with the tribe’s permission. BIA employs both
university LEA.
patrol officers and investigators to provide law enforcement
services on reservations where they provide direct services.
Public Law 83-280
Funding for Tribal Law Enforcement
Agencies
Public Law 83-280, commonly known as P.L. 280,
Many tribes use 638 contract and compact funding from
transferred federal criminal jurisdiction over tribal
BIA to operate their LEAs. BIA allocates public safety and
reservation lands, with a few exceptions (see 18
justice (PS&J) funding to tribes based on historical funding
U.S.C. §1162), to six states: Alaska, California,
levels for these programs. Prior to 1999, tribes received
Minnesota, Nebraska, Oregon, and Wisconsin (known
funding from BIA for law enforcement and corrections as a
as mandatory P.L. 280 states). The law also permitted
Tribal Priority Allocation (TPA). Tribes were allowed to
other states to assume full or partial state criminal
allocate and reallocate funds for any TPA function to reflect
jurisdiction. Arizona, Florida, Idaho, Iowa, Montana,
the tribe’s priorities. BIA, at the direction of Congress,
Nevada, North Dakota, South Dakota, Utah, and
ended the TPA designation for law enforcement and
Washington (known as optional P.L. 280 states) have
corrections funding in 1999 in order to ensure that BIA
adopted full or partial criminal jurisdiction over tribal
funding for law enforcement and corrections was used for
reservation lands. In 1968, Congress amended the law
that purpose. Base law enforcement and corrections funding
to require tribal consent before states could assume
for tribes is based on what the tribe allocated for law
additional jurisdiction (see P.L. 90-284), and no tribes
enforcement and corrections in 1999. Additional PS&J
have provided consent since.
funding provided since 1999 is allocated among tribes
based on a series of factors including violent crime rates,
Most tribes that operate their own LEAs in non-P.L. 280
staffing levels, service population, and calls for service.
states do so under the auspices of the Indian Self-
Determination and Education Assistance Act of 1975 (P.L.
BIA funding may not cover all LEA operating costs, so
93-638). That act allows tribes to establish their own
tribes supplement 638 funds with tribal funds, state and
government functions by contracting or compacting with
federal grants, and other sources (see Table 1). The
the Bureau of Indian Affairs (BIA) and several other federal
Department of Justice (DOJ) allows tribes to apply for most
agencies to administer certain federal programs. Sworn and
tribe-specific grants through its Coordinated Tribal
nonsworn staff of these LEAs are tribal employees. Tribes
Assistance Solicitation (CTAS). Tribes can receive funding
can operate their LEAs under a 638 contract, which
for public safety and community policing, among other
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Law Enforcement on Tribal Lands
purposes, through CTAS. In addition to CTAS, tribal
agents assigned to Indian Country. In addition, the
governments are eligible to apply for grants from other DOJ
Advanced Training Center at Camp Grafton, ND, delivers
grant programs, such as the Community Oriented Policing
specialized advanced training in criminal investigation,
Services’ hiring program, the Bulletproof Vest Partnership
drug enforcement, and command school programs.
program, and the Body-Worn Camera Partnership program.
Tribal LEAs compete with non-tribal LEAs for these funds.
Authority to Enforce Federal and State
Tribes are also eligible to receive an allocation under the
Laws
Edward Byrne Memorial Justice Assistance Grant program
Tribal LEOs are unable to enforce federal and state laws on
if they report violent crime data to the FBI, which serves as
reservations absent a specific grant of authority. This limits
the basis for calculating funding allocations to non-state
their ability to conduct investigations of non-Indians and
governments.
arrest non-Indians who commit crimes on tribal lands.
Table 1. Tribal LEA Funding Sources, 2018
Special Law Enforcement Commissions
Tribal LEOs can be granted a Special Law Enforcement
Proportion
Commission (SLEC) by BIA. SLEC grants an officer the
Source of Funding
of LEAs
authority to make arrests for violations of federal criminal
Tribal Council/Government
84.0%
statutes and enforce federal fishing and wildlife regulations
on tribal lands. Full-time certified LEOs employed by a
P.L. 93-638 Contract (BIA)
61.4%
tribal LEA that has a deputization agreement with BIA are
eligible for an SLEC. LEOs must complete an SLEC
Other Federal Grants
48.4%
application, verify completion of the Indian Police
DOJ CTAS
45.1%
Academy and/or state Police Officer Standards and
Training academy, and pass an initial background check
P.L. 93-638 Self-Governance Compact (BIA)
29.7%
and subsequent background checks every five years. BIA
State Grants
24.8%
can revoke deputization agreements and individual
commissions if they are misused or fail to meet federal
Tribal Business Enterprise (e.g., gaming)
23.2%
requirements.
Other State Funding
5.8%
Authority to Enforce State Laws
Private Funding
2.8%
Some states (e.g., Arizona, Minnesota, Oklahoma, Oregon,
Source: Bureau of Justice Statistics, Census of Tribal Law
Washington) have enacted statutes that grant tribal LEOs
Enforcement Agencies, 2018
authority to enforce state laws if they meet certain standards
(e.g., training and liability requirements). State laws
Notes: Percentages do not total 100% because LEAs identified
granting this authority tend to limit tribal LEOs’ authority
multiple sources of funding.
to enforce state laws to crimes that occur on tribal lands.
Training for Tribal Law Enforcement
BJS reported that 70% of tribal LEAs are authorized by
Officers
states to enforce state laws.
The Department of the Interior is required to establish
Tribal LEAs can also negotiate cross-deputization
training and education standards for BIA LEOs (25 U.S.C.
agreements with a state or local LEAs, usually a sheriff’s
§2802(e)(1)(A)). These standards are required to be
department, authorizing tribal LEOs to enforce certain state
consistent with the Federal Law Enforcement Training
laws on tribal lands. California, Michigan, New Mexico,
Accreditation Commission’s standards for similar LEOs (25
and North Dakota only recognize tribal LEOs’ authority to
U.S.C. §2802(e)(1)(B)). LEO recruits can satisfy the
enforce state laws if they are cross-deputized by another
standards by completing an accredited state, local, or tribal
LEA. BJS reported that 32% of tribal LEAs have a
training academy or program (25 U.S.C. §2802(e)(1)(C)).
deputization agreement with a local LEA and 19% have a
deputization agreement with a state LEA. These agreements
Federal regulations also require LEOs of any program
may provide a broad grant of authority (e.g., general law
funded by BIA to successfully complete a basic law
enforcement powers) or cover a narrow issue (e.g., the
enforcement training course prescribed by the director of
authority to enforce fish and wildlife laws). Negotiating
BIA before performing law enforcement functions (25
agreements may be challenging due to concerns about tribal
C.F.R. §12.35). Per the regulation, additional mandatory
sovereignty, cultural differences, training requirements,
supplemental and in-service training courses are to be
officer liability, or a history of mistrust between the parties.
prescribed by the director.
In addition, a new sheriff might decide to void an
agreement reached with a past sheriff, or choose to
Tribal LEOs can receive basic training at the U.S. Indian
renegotiate the scope of the agreement. Tribes might also
Police Academy (IPA) in Artesia, NM, though they can
face negotiation of agreements with several sheriffs’
also receive basic training from state and local law
departments if their reservations share borders with
enforcement training academies. The IPA provides
multiple counties.
continuing education opportunities, with courses on crime
scene investigation, evidence collection, missing persons
Nathan James, Analyst in Crime Policy
investigations, and drug enforcement. The IPA also offers
an Indian Country Criminal Investigator Training Program
IF12569
to strengthen training for FBI, BIA, and tribal special
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Law Enforcement on Tribal Lands

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