Native American Legal Update : Native American Law : Foster Pepper Law Firm : Northwest, Seattle, Spokane, Portland Lawyer & Attorney

While crime continues to be a blight on Native lands, The Tribal Law and Order Act of 2009 (S.797) is currently awaiting action in the United States Senate. This bill was considered in committee, which has recommended it be considered by the Senate as a whole. Although it has been placed on a calendar of business, the order in which legislation is considered and voted on is determined by the majority party leadership, which is currently led by Democrat Harry Reid of Nevada. In the midst of intensive debate regarding health care reform, the chances for the Act to become law are unclear.

The Act would amend the Indian Law Enforcement Reform Act to make a variety of changes to increase Tribes' law enforcement powers, and increase federal powers and responsibilities regarding crimes on Native land. The Act’s provisions include:

(1) Allowing federal officials, with the consent of the Tribe, to investigate offenses against Tribal criminal laws;

(2) Providing technical assistance and training to Tribal law enforcement officials regarding use of the National Criminal Information Center database;

(3) Requiring federal and local officials, when they decline to investigate crimes on Native land, to report to Native officials and requiring such officials, when they decline to prosecute, to turn over evidence to Native officials;

(4) Establishing in the criminal division of the Department of Justice an Office of Indian Country Crime to develop, enforce, and administer federal criminal laws in Tribal territories;

(5) Authorizing, at the request of a Tribe, concurrent federal-Tribal jurisdiction;

(6) Authorizing grants to state, Tribal, and local governments that enter into cooperative agreements, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputization;

(7) Requiring the Attorney General to allow Tribal and Bureau of Indian Affairs law enforcement agencies to directly access and enter information into federal criminal information databases (under current law, such access is limited); and

(8) Increasing the criminal sentences Tribal courts may impose.

The bill is supported by numerous agencies including the National Congress of American Indians, National American Indian Court Judges Association, National Indian Gaming Association, and Amnesty International. No organizations have registered a formal objection to the legislation.
 

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Earlier this month, the Senate Committee on Indian Affairs discussed a report that indicates Native Americans suffer disproportionately from poor health due to underfunding of the Indian Health Service.

According to the National Steering Committee for Reauthorization of the Indian Health Care Improvement Act (IHCIA),  Native Americans have a level of health care funding that would be considered unacceptable for other American citizens.

The Northwest Portland Area Indian Health Board then cited alarming statistics that show that Native Americans are 638 percent more likely to die from alcoholism, 400 percent more likely to die from tuberculosis, 291 percent more likely to die from diabetes complications, 91 percent more likely to die from suicide and 67 percent more likely to die from pneumonia and influenza.

In order to improve the quality of the healthcare that Native Americans receive, supporters are encouraging Congress to reauthorize IHCIA. The law has not been reauthorized since 1992 and ideally, any reauthorization legislation would put important decision-making powers in the hands of tribal leaders. Not just because these leaders understand the needs of their own people the best (which they do) but also because tribal nations are capable of managing their own health care systems.

According to the Aberdeen Area Tribal Chairman’s Health Board and the Standing Rock Sioux Tribe, IHCIA is a good framework for a Native American health care overhaul, but safeguards need to be in place to assure that tribal sovereignty is protected. Congressmen say they understand the sovereignty issue but still believe the government should establish general eligibility rules so there is a fair distribution of funds for tribes in all parts of the country.

The sooner a compromise is achieved and the sooner IHCIA is reauthorized, the better healthcare will be for those that need, and deserve it, the most. 

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