Sec. 4. Tribal jurisdiction in Alaska
792 words·~4 min read·
/bill/116/s/2616/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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— criminal and civil jurisdiction over all Alaska Natives present in the village; and full civil jurisdiction within the village— to issue and enforce protection orders involving any individual, including the authority to enforce such an order through a civil contempt proceeding; to exclude violators from the village; and to use other appropriate mechanisms to address matters arising anywhere in the village that are the subject of protection orders.
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). 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— the condition that preference shall be given to Indian tribes occupying villages— the populations of which are predominantly Alaska Native; or that lack a permanent State law enforcement presence; and such other criteria as the Attorney General considers to be appropriate to achieve the purposes of this Act. 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— 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 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). 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. 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. 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— general civil jurisdiction; and subject to paragraph (6), criminal jurisdiction with respect to (as defined in applicable Tribal law)— the crimes of— domestic violence; dating violence; violation of a protective order; sexual violence; stalking; sex trafficking; obstruction of justice; and assault of a law enforcement or correctional officer; any crime against a child; and 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. 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 ). 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— to coordinate respective law enforcement activities; to share equipment and other resources; to establish cross-deputization arrangements; to coordinate appropriate training activities; and to address any other matters that will facilitate the successful implementation of the pilot program. 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.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources