S. Rept. 115-122 - A BILL TO REPEAL THE ACT ENTITLED ``AN ACT TO CONFER JURISDICTION ON THE STATE OF IOWA OVER OFFENSES COMMITTED BY OR AGAINST INDIANS ON THE SAC AND FOX INDIAN RESERVATION''115th Congress (2017-2018)
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Calendar No. 160
115th Congress } { Report
SENATE
1st Session } { 115-122
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A BILL TO REPEAL THE ACT ENTITLED ``AN ACT TO CONFER JURISDICTION ON
THE STATE OF IOWA OVER OFFENSES COMMITTED BY OR AGAINST INDIANS ON THE
SAC AND FOX INDIAN RESERVATION''
_______
June 28, 2017.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 381]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 381) to repeal the Act entitled ``An Act to confer
jurisdiction on the State of Iowa over offenses committed by or
against Indians on the Sac and Fox Indian Reservation,'' having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 381 is to repeal a federal statute which
had conferred criminal jurisdiction upon the State of Iowa over
offenses committed by or against Indians on the Sac and Fox
Indian Reservation.
BACKGROUND
In 1948, Congress granted the State of Iowa jurisdiction
over criminal misdemeanor and non-major offenses committed by
or against Indians of the Sac and Fox Tribe of the Mississippi
in Iowa (Tribe) on the Sac and Fox Reservation.\1\ The 1948 Act
did not, however, strip the Tribe of jurisdiction, resulting in
Tribe and the State having concurrent jurisdiction over the
same types of offenses.\2\ The Tribe has accordingly developed
a substantial and functional tribal law enforcement and
criminal justice system with criminal codes, tribal courts, a
police department, tribal probation officers, and a tribal
prosecutor.
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\1\Act of June 30, 1948, Pub. L. No. 80-846, 62 Stat. 1161. A major
shift in Federal Indian policy began around that time when these types
of laws were enacted as well as other statutes formally ending the
government-to-government relationship between the United States and
certain Indian tribes. Otherwise known as the ``Termination Era,'' this
period was shaped by laws and policies geared towards assimilating
Native Americans into mainstream American society. This Era and
policies have been disavowed long ago by Congress.
\2\The Federal government retained jurisdiction over major crimes
on the Tribe's reservation. See Felix S. Cohen's Handbook of Federal
Indian Law, Ch. 9 (2012) (providing a general guide to criminal
jurisdiction in Indian Country). Congress also enacted a more
comprehensive law in 1953 known as ``Public Law 280.'' See 18 U.S.C.
Sec. 1162, 28 U.S.C. Sec. 1360, 25 U.S.C. Sec. Sec. 1321-1326.
Public Law 280 gave states criminal jurisdiction over crimes committed
by or against Indians on reservation lands in five states: California,
Minnesota, Nebraska, Oregon, and Wisconsin. Alaska was later added in
connection with its admission to the union in 1958. See Act of Aug. 8,
1958, Pub. L. 85-615, 72 Stat. 545.
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Although the Tribe has made progress in developing its own
criminal justice system, the challenges erected by the 1948 Act
persist. For instance, under the current system of concurrent
tribal and state jurisdiction, defendants may be subject to
prosecution in both state and tribal courts for the same
offense. This system also presents difficulties for victims,
who may be subpoenaed to testify in both state and tribal
courts.
While the State may still exercise jurisdiction on the
Tribe's reservation under the 1948 Act, the Iowa Legislature
passed legislation supporting a repeal of the 1948 Act on April
8, 2016.\3\ However, Congressional action is required to codify
this repeal.\4\
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\3\Iowa General Assembly, Senate File 2022 (2016).
\4\The use of procedures for retrocession for Public Law 280, a
separate federal statute, may be inapplicable for the 1948 Act.
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LEGISLATIVE HISTORY
In the 114th Congress, this bill was introduced and
referred to the Committee on Indian Affairs. The Committee held
a legislative hearing on S. 3216 on September 14, 2016, at
which the Tribe and the Department of the Interior provided
testimony in support. No further action was taken on S. 3216
prior to the end of the 114th Congress.
In the 115th Congress, Senator Grassley, along with
Senators Ernst and Senator Leahy, introduced this bill, S. 381,
on February 15, 2017. Senator Udall joined as a cosponsor on
March 27, 2017. On March 28, 2017, the Committee considered S.
381 at a duly called business meeting. By voice vote, the
Committee ordered the bill be reported favorably.
Representative Rod Blum introduced an identical companion
bill to S. 381 in the House of Representatives on February 15,
2017. Representatives Steve King, David Loebsack, and David
Young joined as co-sponsors. This legislation was referred to
the House Committee on Natural Resources, where it awaits
further consideration.
SUMMARY OF THE BILL
The bill, S. 381, repeals the Act of June 30, 1948, which
conferred state jurisdiction over crimes committed by and
against Indians on the Sac and Fox Indian Reservation.\5\
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\5\See supra note 1.
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The bill is intended to bring clarity and finality to the
jurisdictional confusion affecting the Sac and Fox Indian
Reservation. Both the State of Iowa, and the Sac and Fox Tribe
of the Mississippi in Iowa agree that this legislation is
necessary to ensure that jurisdictional matters will no longer
detract from their ultimate goal of preventing crime and
holding criminals accountable for their actions.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Section 1--Repeal
This section repeals the Act entitled ``An Act to confer
jurisdiction on the State of Iowa over offenses committed by or
against Indians on the Sac and Fox Indian Reservation,''
approved June 30, 1948.
COST AND BUDGETARY CONSIDERATIONS
June 2, 2017.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 381, a bill to
repeal the Act entitled ``An Act to confer jurisdiction on the
State of Iowa over offenses committed by or against Indians on
the Sac and Fox Indian Reservation.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
S. 381--To repeal the Act entitled ``An Act to confer jurisdiction on
the State of Iowa over offenses committed by or against Indians
on the Sac and Fox Indian Reservation''
S. 381 would repeal a 1948 law that gave the state of Iowa
jurisdiction over criminal offenses committed by or against
Indians on the Sac and Fox Indian Reservation; thus criminal
jurisdiction would revert to either the Sac and Fox Nation or
the federal government.
As a result of the repeal, the Sac and Fox Nation would be
eligible for funding from the Bureau of Indian Affairs (BIA) to
equip and run its existing tribal court, law enforcement
operations, and detention facility. The amount of such funding
would depend on how much assistance the tribe would request
after enactment. Based on information from BIA reports on the
funding provided to tribes of a similar size, CBO estimates
that the tribe would be eligible for up to $7 million a year in
assistance; that spending would be subject to appropriations.
However, based on testimony and public statements from BIA and
the tribe about the amount of assistance the tribe intends to
apply for, CBO estimates that implementing S. 381 would have no
significant federal cost over the 2018-2022 period.
Enacting S. 381 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 381 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Robert Reese.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 381 will
have minimal impact of regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 381.
CHANGES IN EXISTING LAW (CORDON RULE)
On January 31, 2017, the Committee on Indian Affairs
unanimously approved a motion to waive the Cordon rule. Thus,
in the opinion of the committee, it is necessary to dispense
with subsection 12 of rule XXVI of the Standing Rules of the
Senate in order to expedite the business of the Senate.
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