[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9684 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9684
To amend title 18, United States Code, to require affirmative consent
from the governing body of certain Indian Tribes for jurisdiction to be
conferred on the State of Kansas over offenses committed on the
reservations of such Indian Tribes, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
December 22, 2022
Mr. LaTurner (for himself and Mr. Mann) introduced the following bill;
which was referred to the Committee on the Judiciary
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A BILL
To amend title 18, United States Code, to require affirmative consent
from the governing body of certain Indian Tribes for jurisdiction to be
conferred on the State of Kansas over offenses committed on the
reservations of such Indian Tribes, and for other purposes.
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 ``Kansas Indian Country Law
Enforcement Improvement Act of 2022''.
SEC. 2. REPEAL OF ACT OF JUNE 8, 1940.
The Act of June 8, 1940 (54 Stat. 249; ch. 276) is repealed.
SEC. 3. AMENDMENTS TO KANSAS JURISDICTION.
(a) Amendments.--Section 3243 of title 18, United States Code, is
amended--
(1) by striking ``Jurisdiction is conferred'' and inserting
the following:
``(a) In General.--Jurisdiction is conferred''; and
(2) by adding at the end the following:
``(b) Exception.--With respect to offenses committed on the
reservation of a covered Indian Tribe, jurisdiction may only be
conferred on the State of Kansas under subsection (a) upon the
affirmative consent of the governing body of such covered Indian Tribe,
as reflected by a certified official Tribal resolution or law filed
with the Attorney General which shall be effective upon publication in
the Federal Register.
``(c) Law Enforcement Cooperative Agreements.--
``(1) Federal agencies and State and local governments in
Kansas may enter into cooperative agreements or compacts with
the governing bodies of covered Indian Tribes for the purposes
of improving law enforcement effectiveness, reducing crime in
Indian country and nearby communities, and developing
successful cooperative relationships that effectively combat
crime in Indian country and nearby communities.
``(2) Each cooperative agreement or compact entered into
pursuant to this subsection shall include the following:
``(A) Authorization for the deputization of law
enforcement officers to enforce the laws of one or more
of the other governments party to such cooperative
agreement or compact.
``(B) Requirements for the reporting of crimes
occurring within Indian country covered under such
cooperative agreement or compact to appropriate State,
Federal, and Tribal law enforcement entities.
``(C) If a covered Indian Tribe is party to the
cooperative agreement or compact, a description of--
``(i) the geographic limits within the
reservation of the covered Indian Tribe on
which the State may exercise criminal
jurisdiction, if any; and
``(ii) the categories of criminal offenses
within the reservation of the covered Indian
Tribe over which the State may exercise
jurisdiction, if any.
``(D) Other requirements under Federal law.
``(3) The Attorney General shall, upon request from the
governing body of a covered Indian Tribe, provide technical
assistance in the development of cooperative agreements or
compacts under this section.
``(d) Covered Indian Tribe Defined.--In this section, the term
`covered Indian Tribe' means the following:
``(1) The Iowa Tribe of Kansas and Nebraska.
``(2) The Kickapoo Tribe of Indians of the Kickapoo
Reservation in Kansas.
``(3) The Prairie Band Potawatomi Nation.
``(4) The Sac & Fox Nation of Missouri in Kansas and
Nebraska.''.
(b) Rule of Construction.--The amendments made by this Act shall
not apply retroactively to any individual arrested, prosecuted, or
convicted by the State of Kansas prior to the effective date under
subsection (c).
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
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