[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2616 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2616
To provide civil and criminal jurisdiction over Alaska Natives and non-
Alaska Natives for certain Indian tribes in the State of Alaska.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 16, 2019
Ms. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To provide civil and criminal jurisdiction over Alaska Natives and non-
Alaska Natives for certain Indian tribes in the State of Alaska.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Tribal Public Safety
Empowerment Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the report of the Indian Law and Order
Commission established by section 15 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2812), Alaska Native women--
(A) are overrepresented in the domestic violence
victim population by 250 percent;
(B) in the State of Alaska, comprise--
(i) 19 percent of the population of the
State; but
(ii) 47 percent of reported rape victims in
the State; and
(C) as compared to the populations of other Indian
tribes, suffer the highest rates of domestic and sexual
violence;
(2) most Alaska Native villages are located in remote areas
that--
(A) are often inaccessible by road; and
(B) have no local law enforcement presence;
(3) the Commission referred to in paragraph (1)--
(A) determined that the Alaska Department of Public
Safety--
(i) has primary responsibility for law
enforcement in rural Alaska; but
(ii) provides only 1 to 1.4 field officers
per 1,000,000 acres; and
(B) recommended that ``devolving authority to
Alaska Native communities is essential for addressing
local crime. Their governments are best positioned to
effectively arrest, prosecute, and punish, and they
should have the authority to do so, or to work out
voluntary agreements with each other, and with local
governments and the State on mutually beneficial
terms''; and
(4) the unique legal relationship of the United States to
Indian tribes creates a Federal trust responsibility to assist
Tribal governments in safeguarding the lives of Indian women.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alaska native.--The term ``Alaska Native'' means an
individual who--
(A) is a member of an Indian tribe;
(B) is eligible for membership in an Indian tribe;
or
(C) is regarded as an Alaska Native by the
community in which the individual resides.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(3) State.--The term ``State'' means the State of Alaska.
(4) Village.--The term ``village'' means the Alaska Native
Village Statistical Area covering all or any portion of a
Native village (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).
SEC. 4. TRIBAL JURISDICTION IN ALASKA.
(a) Alaska Natives.--Subject to title II of the Civil Rights Act of
1968 (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil
Rights Act of 1968''), and regardless of the holder of title in and to
any applicable land, Congress recognizes and affirms that any Indian
tribe in the State occupying a village may exercise, as part of the
inherent authority of the Indian tribe--
(1) criminal and civil jurisdiction over all Alaska Natives
present in the village; and
(2) full civil jurisdiction within the village--
(A) to issue and enforce protection orders
involving any individual, including the authority to
enforce such an order through a civil contempt
proceeding;
(B) to exclude violators from the village; and
(C) to use other appropriate mechanisms to address
matters arising anywhere in the village that are the
subject of protection orders.
(b) Pilot Program for Jurisdiction Over Individuals Who Are Not
Alaska Natives.--
(1) Establishment.--Subject to title II of the Civil Rights
Act of 1968 (25 U.S.C. 1301 et seq.) (commonly known as the
``Indian Civil Rights Act of 1968''), and regardless of the
holder of title in and to any applicable land, there is
established a pilot program under which the Attorney General
shall select for each calendar year not more than five Indian
tribes selected under paragraph (2) to exercise the civil and
criminal jurisdiction described in paragraph (5) over all
individuals present in the village occupied by the Indian tribe
who are not subject to the jurisdiction of the Indian tribe
under subsection (a)(1).
(2) Selection of qualifying indian tribes.--The Attorney
General, in consultation with the Secretary of the Interior,
shall select Indian tribes to participate in the pilot program
established by paragraph (1), subject to--
(A) the condition that preference shall be given to
Indian tribes occupying villages--
(i) the populations of which are
predominantly Alaska Native; or
(ii) that lack a permanent State law
enforcement presence; and
(B) such other criteria as the Attorney General
considers to be appropriate to achieve the purposes of
this Act.
(3) Qualifying intertribal consortia.--Any two or more
qualifying Indian tribes, or a tribal organization (as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)) that is acting on behalf of
two or more qualifying Indian tribes--
(A) may elect to participate jointly in the pilot
program under this subsection by providing shared
resources to carry out the purposes of the pilot
program; and
(B) on making an election pursuant to subparagraph
(A), shall be considered to be a single Indian tribe
for purposes of the maximum number of participants in
the pilot program under paragraphs (1) and (4).
(4) Maximum number of participants.--
(A) In general.--Except as provided in subparagraph
(B), the Attorney General may select not more than 30
Indian tribes to participate in the pilot program under
this subsection.
(B) Exception.--The limitation under subparagraph
(A) shall not apply if the Attorney General submits to
the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of
Representatives a notice of the intention to select any
additional Indian tribe by not later than the date that
is 180 days before the date of selection.
(5) Description of jurisdiction.--Congress recognizes and
affirms that an Indian tribe selected to participate in the
pilot program under this subsection may exercise the inherent
authority of the Indian tribe over all individuals described in
paragraph (1) through--
(A) general civil jurisdiction; and
(B) subject to paragraph (6), criminal jurisdiction
with respect to (as defined in applicable Tribal law)--
(i) the crimes of--
(I) domestic violence;
(II) dating violence;
(III) violation of a protective
order;
(IV) sexual violence;
(V) stalking;
(VI) sex trafficking;
(VII) obstruction of justice; and
(VIII) assault of a law enforcement
or correctional officer;
(ii) any crime against a child; and
(iii) any crime involving the possession,
transportation, or sale of alcohol or drugs
where that possession, transportation, or sale
is prohibited by an applicable Federal, State,
or Tribal law.
(6) Rights of defendants.--In exercising the jurisdiction
described in paragraph (5)(B), an Indian tribe participating in
the pilot program under this subsection shall provide to each
defendant all rights described in section 204(d) of the Civil
Rights Act of 1968 (25 U.S.C. 1304(d)) (commonly known as the
``Indian Civil Rights Act of 1968'').
(c) Memoranda of Agreement.--An Indian tribe participating in the
pilot program under subsection (b), the State, the Attorney General,
and the Secretary of the Interior may enter into such memoranda of
agreement as are necessary and appropriate--
(1) to coordinate respective law enforcement activities;
(2) to share equipment and other resources;
(3) to establish cross-deputization arrangements;
(4) to coordinate appropriate training activities; and
(5) to address any other matters that will facilitate the
successful implementation of the pilot program.
(d) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Attorney General, in consultation with the
Secretary of the Interior, shall submit to Congress a report describing
the results of the pilot program under subsection (b), including
legislative recommendations to facilitate improved law enforcement in
villages.
SEC. 5. SPECIAL FULL FAITH AND CREDIT FOR PROTECTION ORDERS.
Section 2265(e) of title 18, United States Code, is amended--
(1) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes''; and
(2) by adding at the end the following:
``(2) Applicability to alaska.--Paragraph (1) applies to
all Indian tribes in the State of Alaska, regardless of--
``(A) the definition of the term `Indian country'
contained in section 1151; or
``(B) the population of the Native village (as
defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)) occupied by such an
Indian tribe.''.
SEC. 6. EFFECT.
Nothing in this Act--
(1) diminishes the jurisdiction of the State or the Federal
Government, as in effect on the date of enactment of this Act,
over any criminal or civil matter;
(2) creates or eliminates any area of Indian country (as
defined in section 1151 of title 18, United States Code) in the
State; or
(3) diminishes any authority of an Indian tribe in the
State under any other law, including--
(A) the Violence Against Women Act of 1994 (34
U.S.C. 12291 et seq.); and
(B) the Violence Against Women Reauthorization Act
of 2013 (Public Law 113-4; 34 U.S.C. 10101 note) and
the amendments made by that Act.
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