25 U.S.C. § 1305: Tribal jurisdiction in Alaska

Subject to title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”), Congress recognizes and affirms the inherent authority of any Indian tribe occupying a Village in the State to exercise criminal and civil jurisdiction over all Indians present in the Village. arising within the Village of the Indian tribe; or otherwise within the authority of the Indian tribe. civil contempt proceedings; exclusion of violators from the Village of the Indian tribe; and other appropriate mechanisms. Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed under subsection (a), the powers of self-government of a participating Tribe include the inherent power of the participating Tribe, which is hereby recognized and affirmed, to exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Village of the participating Tribe. The exercise of special Tribal criminal jurisdiction by a participating Tribe shall be concurrent with the jurisdiction of the United States, the State, or both. A participating Tribe may not exercise special Tribal criminal jurisdiction over an alleged offense of a covered crime, other than obstruction of justice or assault of Tribal justice personnel, if neither the defendant nor the alleged victim is an Indian. In this paragraph and with respect to a criminal proceeding in which a participating Tribe exercises special Tribal criminal jurisdiction based on a violation of a protection order, the term “victim” means a person specifically protected by the protection order that the defendant allegedly violated. Subject to title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”), there is established a pilot program under which the Attorney General, subject to paragraph (5), shall designate not more than 5 Indian tribes per calendar year as participating Tribes to exercise the special Tribal criminal jurisdiction described in paragraph (6) over all persons present in the Village of the Indian tribe. At any time during the 1-year period beginning on March 15, 2022 , and annually thereafter, an Indian tribe may request the Attorney General to designate the Indian tribe as a participating Tribe under paragraph (1). the populations of which are predominantly Indian; and that lack a permanent State law enforcement physical presence; require that for each Indian tribe requesting to be designated as a participating Tribe, the Attorney General makes a determination that the criminal justice system of the Indian tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204(d) of Public Law 90–284 ( 25 U.S.C. 1304(d) ) (commonly known as the “Indian Civil Rights Act of 1968”); and be subject to such other criteria as the Attorney General considers to be appropriate to achieve the purposes of this subtitle. The Attorney General shall designate Indian tribes to participate in the pilot program under paragraph (1) using the process established under subparagraph (A). may elect to participate jointly in the pilot program by providing shared resources to carry out the purposes of the pilot program; and on making an election pursuant to clause (i), shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5). Additional participating Tribes may elect to join an established intertribal partnership under subparagraph (A) at any time after the intertribal partnership is established. An intertribal partnership that additional participating Tribes elect to join pursuant to clause (i) shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5). Except as provided in subparagraph (B), the Attorney General may designate not more than 30 Indian tribes to participate in the pilot program. 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, and publishes in the Federal Register, a written notice of the intention to designate additional Indian tribes as participating Tribes, including the rationale for the designation, by not later than the date that is 180 days before the date of designation. Congress recognizes and affirms that an Indian tribe selected to participate in the pilot program as a participating Tribe may exercise, subject to paragraph (7), special Tribal criminal jurisdiction with respect to covered crimes. In exercising special Tribal criminal jurisdiction under the pilot program, a participating Tribe shall provide to each defendant all rights described in section 204(d) of Public Law 90–284 ( 25 U.S.C. 1304(d) ) (commonly known as the “Indian Civil Rights Act of 1968”). in a Tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines set by the Bureau of Indian Affairs; at the expense of the United States, in the nearest appropriate Federal facility pursuant to the Bureau of Prisons Tribal Prisoner Program established under section 1302a(c)(1) of this title ; or at the expense of the participating Tribe and, subject to section 204(f)(1) of Public Law 90–284 ( 25 U.S.C. 1304(f)(1) ) (commonly known as the “Indian Civil Rights Act of 1968”), reimbursable by the Attorney General, in a detention or correctional center approved by the State or a local government of the State pursuant to a memorandum of agreement between the participating Tribe and the State or local government of the State; or to serve another alternative form of punishment, as determined by the Indian court pursuant to Tribal law. to coordinate respective law enforcement activities; to share equipment and other resources; to establish cross-deputization arrangements; to coordinate appropriate training activities; and the incarceration of convicted persons; and cooperation in the investigation and prosecution of crimes. Not later than 1 year March 15, 2022 , the Attorney General, in consultation with the Secretary of the Interior, affected Indian tribes, and the State, shall establish a committee, to be known as the “Alaska Tribal Public Safety Advisory Committee” (referred to in this subsection as the “Committee”). participating Tribes and Indian tribes aspiring to participate in the pilot program; Federal, Tribal, State, and local law enforcement; and Tribal nonprofit organizations providing victim services. improving the justice systems, crime prevention, and victim services of Indian tribes and the State; and increasing coordination and communication among Federal, Tribal, State, and local law enforcement agencies. A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Committee. The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Committee. 1 See References in Text note below. There are authorized to be appropriated to carry out this subsection such sums as may be necessary for the period of fiscal years 2023 through 2027, to remain available until expended. Not later than 5 years after March 15, 2022 , the Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall submit to Congress a report describing the results of the pilot program, including an explanation of any modifications to law necessary to facilitate improved law enforcement in Villages. limits, alters, expands, or diminishes the civil or criminal jurisdiction of the United States, the State, any subdivision of the State, or any Indian tribe in the State; creates or eliminates any Federal or State criminal jurisdiction over a Village; or affects the authority of the United States or any authority delegated by the United States to the State to investigate and prosecute a criminal violation in a Village. are overrepresented in the domestic violence victim population by 250 percent; 19 percent of the population of the State; but 47 percent of reported rape victims in the State; and as compared to the populations of other Indian Tribes, suffer the highest rates of domestic and sexual violence; are often inaccessible by road; and have no local law enforcement presence; has primary responsibility for law enforcement in rural Alaska; but provides only 1 to 1.4 field officers per 1,000,000 acres; and 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 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. to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; and to empower Indian Tribes to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Alaska Natives through the exercise of special Tribal criminal jurisdiction.” The terms ‘assault of Tribal justice personnel’, ‘covered crime’, ‘obstruction of justice’, ‘protection order’, and ‘violation of a protection order’ have the meanings given the terms in section 204(a) of Public Law 90–284 ( 25 U.S.C. 1304(a) ) (commonly known as the ‘Indian Civil Rights Act of 1968’). For purposes of the application of the definitions of ‘assault of Tribal justice personnel’, ‘obstruction of justice’, and ‘violation of a protection order’, and for purposes of the application of the defined terms contained in the definition of ‘covered crime’, under section 204(a) of Public Law 90–284 ( 25 U.S.C. 1304(a) ) (commonly known as the ‘Indian Civil Rights Act of 1968’) to the pilot program, the Attorney General shall modify any reference to ‘Indian country’ to mean the Village of a participating Tribe. The terms ‘Indian’, ‘Indian court’, ‘Indian tribe’, and ‘powers of self-government’ have the meanings given the terms in section 201 of Public Law 90–284 ( 25 U.S.C. 1301 ) (commonly known as the ‘Indian Civil Rights Act of 1968’). The term ‘participating Tribe’ means an Indian tribe that is designated under section 813(d)(1) [ 25 U.S.C. 1305(d)(1) ] as a participating Tribe to exercise special Tribal criminal jurisdiction. The term ‘pilot program’ means the pilot program established by section 813(d)(1). The term ‘special Tribal criminal jurisdiction’ means the criminal jurisdiction that a participating Tribe may exercise under this subtitle but could not otherwise exercise. The term ‘State’ means the State of Alaska. 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 )), as depicted on the applicable Tribal Statistical Area Program Verification map of the Bureau of the Census.”