1.This Act may be cited as the
Alaska Safe Families and Villages Act
of 2010
.
2.
(a)Congress
finds that—
(1)while the State
of Alaska and numerous Alaska organizations have struggled for years to address
crime and substance abuse problems in Alaska, Native Villages continue to
suffer from disproportionally high rates of illicit drug use, alcohol abuse,
and domestic violence;
(2)the suicide rate
in Alaska Native villages is 6 times the national average, and the
alcohol-related mortality rate is 3.5 times that of the general national
population;
(3)Alaska Native
women suffer the highest rate of forcible sexual assault in the United States,
and an Alaska Native woman is sexually assaulted every 18 hours;
(4)according to the
2006 Initial Report and Recommendations of the Alaska Rural Justice and Law
Enforcement Commission more than 95 percent of all crimes committed in rural
Alaska can be attributed to alcohol;
(5)the cost of drug
and alcohol abuse in Alaska is estimated at $525,000,000 per year;
(6)the State of
Alaska’s public safety system does not effectively serve vast areas of the
State in which many remote Alaska Native villages are located, except in
response to serious crimes involving severe injury or death, which are handled
by Alaska State Troopers who are located in only a small number of hub
communities around the State;
(7)extreme weather
conditions often prevent or delay travel into remote Alaska Native villages,
forcing residents to wait for several days for an Alaska State Trooper to
arrive and respond to these crimes, compared to a law enforcement response time
normally within minutes for residents of urban communities;
(8)in many rural
Alaska Native villages, there is no local law enforcement presence
whatsoever;
(9)to the extent
there are resident law enforcement officers in rural villages, they consist of
Village Public Safety Officers (VPSOs) through the State VPSO Program, and a
very limited number of other peace officers such as Village Police Officers
(VPOs), Tribal Police Officers (TPOs) and Community Peace Officers (CPOs) who
tend to have only minimal training and experience;
(10)the VPSO Program
is not able to adequately serve all remote Alaska Native villages because there
is insufficient funding or officers to address the urgent need for additional
law enforcement in these communities;
(11)the number of
VPSOs currently serving in Alaska is approximately 71, yet there are about 200
remote villages in Alaska, all of which could benefit from a law enforcement
presence;
(12)studies have
concluded that the lack of effective law enforcement in Alaska Native villages
contributes significantly to increased crime, alcohol abuse, drug abuse,
domestic violence, and rates of suicide, poor educational achievement, and a
lack of economic development in those communities;
(13)law enforcement
that is created and administered by Indian tribes in Alaska will be more
responsive to the need for greater local control, local responsibility, and
local accountability in the administration of justice; and
(14)it is necessary
to invoke the plenary authority of Congress over Indian affairs under section 8
of clause 3 of article I of the Constitution, in order to improve law
enforcement conditions in Alaska Native villages.
(b)The
purposes of this Act are—
(1)to establish a
demonstration project under which a limited number of Indian tribes in Alaska
Native villages will exercise local law enforcement responsibilities to combat
alcohol and drug abuse and to enhance existing tribal authority over domestic
violence and child abuse and neglect;
(2)to enhance
coordination and communication among Federal, State, tribal, and local law
enforcement agencies; and
(3)to increase
funding for, and therefore availability of, local law enforcement.
3.In this Act:
(1)The term Indian tribe means any Indian tribe,
band, nation, or other organized group or community of Indians recognized as
eligible for the services provided to Indians by the Secretary because of their
status as Indians, including any Alaska Native village as defined in section
3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)).
(2)The
term Project means the Alaska Safe Families and Villages
Demonstration Project established by section 4(a).
(3)The term Project Area means the geographical
area within which an Indian tribe proposes to enforce the laws of the Indian
tribe developed under the Project, as determined by the tribal government of
the applicable Indian tribe and as approved by the Office of Justice Programs
upon a showing that the extension of jurisdiction to such area is in the
interest of justice.
(4)The term tribal court means any court,
council, or other mechanism sanctioned by an Indian tribe for the adjudication
of disputes, including the violation of tribal laws, ordinances, or
regulations.
(5)The term tribal organization has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
4.Alaska Safe
Families and Villages Demonstration Project
(a)The Office of Justice Programs of the Department of
Justice shall carry out the Alaska Safe Families and Villages Demonstration
Project as provided by this section.
(b)The Office of Justice Programs shall select not more than
9 Indian tribes in Alaska to participate in the Project in Alaska over a 3-year
period, with not more than 3 Indian tribes selected during each of fiscal years
2011, 2012, and 2013.
(c)Each Indian tribe selected to participate in the Project
shall remain in the Project for a period of 5 years.
(d)
(1)On or before May 1 of each year, the Attorney General
shall provide to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of Representatives a brief annual
report detailing activities undertaken under the Project and setting forth an
assessment of the Project, together with any recommendations of the Attorney
General for further action by Congress.
(2)Each
report submitted under this subsection shall be prepared—
(A)in consultation
with the governments of Indian tribes in Alaska; and
(B)after those
governments and the State of Alaska have an opportunity to comment on each
report prior to the finalization of the report.
(e)
(1)To
qualify to participate in the Project, an Indian tribe in Alaska shall—
(A)request
participation by resolution or other official action by the governing body of
the Indian tribe;
(B)have for the
preceding 3 fiscal years no uncorrected significant and material audit
exceptions regarding any Federal contracts or grants;
(C)demonstrate to
the Attorney General sufficient governance capacity to conduct the Project, as
evidenced by the history of the Indian tribe of operating government services,
including public utilities, children’s courts, law enforcement, social service
programs, or other activities;
(D)demonstrate the
ability to sustain the goals and purposes of the Project after funding for the
Project has expired; and
(E)meet such other
criteria as the Attorney General may promulgate, after providing for public
notice.
(2)Each Indian tribe shall send a copy of its application
submitted under this section to the Attorney General of Alaska.
(f)The Attorney General may by regulation promulgate such
minimum reporting requirements as the Attorney General determines are
reasonably necessary to carry out this Act.
(g)All applications submitted pursuant to subsection (e)
shall be subject to public comment for a period of not less than 30 days
following publication of notice in a newspaper or other publication of general
circulation in the vicinity of the Alaska Native village of the Indian tribe
requesting participation in the Project.
(h)Each Indian tribe selected for participation in the Project
shall complete a planning phase that includes—
(1)internal
governmental and organizational planning;
(2)the development
of written tribal law or ordinances detailing the structure and procedures of
the tribal court;
(3)enforcement
mechanisms; and
(4)those aspects of
drug- or alcohol-related matters that the Indian tribe proposes to
regulate.
(i)
(1)Upon completion of the planning phase under subsection
(h), an Indian tribe shall provide to the Office of Tribal Justice—
(A)the constitution
of the Indian tribe (or equivalent organic documents showing the structure of
the tribal government and the placement and authority of the tribal court
within that structure);
(B)the written
tribal laws or ordinances of the Indian tribe governing court procedures and
the regulation and enforcement of drugs, alcohol, and related matters;
(C)a map depicting
the Project Area of the Indian tribe; and
(D)such other
information or materials as the Attorney General may by public notice
require.
(2)The
Office of Tribal Justice shall certify the completion of the planning phase
under this section.
(3)Certification
under paragraph (2) may occur at the time at which an Indian tribe applies for
participation in the Project if the Indian tribe demonstrates that the Indian
tribe has already met the requirements of the planning phase.
(j)
(1)Commencing 30 days after the certification described in
subsection (i) and except as provided in paragraph (2), an Indian tribe
participating in the Project shall exercise jurisdiction, concurrent with the
civil jurisdiction of the State of Alaska under State law, over—
(A)the drug,
alcohol, or related matters described in subsection (i) within the Project Area
of the Indian tribe; and
(B)persons of Indian
or Alaska Native descent or other persons with consensual relationships with
the Indian tribe or a member of the Indian tribe.
(2)An
Indian tribe participating in the Project shall impose such sanctions as shall
be determined by the tribal court to be appropriate, consistent with the Indian
Civil Rights Act and tribal law, including such measures as—
(A)restorative
justice;
(B)community
service;
(C)fines;
(D)forfeitures;
(E)commitments for
treatment;
(F)restraining
orders; and
(G)emergency
detentions.
(3)A person may not be incarcerated by an Indian tribe
participating in the Project except pursuant to an agreement entered into under
section 7.
(4)Treatment of
protective ordersFor purposes of this subsection, the protective
order of an Indian tribe participating in the Project excluding any member or
non-member from a community shall be considered a civil remedy.
(5)Nothing in this subsection shall prevent an Indian
tribe participating in the Project from acting in the following emergency
circumstances:
(A)A tribe may
assume protective custody of a tribal member or otherwise take action to
prevent imminent harm to self or others.
(B)A tribe may take
immediate, temporary protective measures to address situations involving an
imminent threat of harm to self or others by a non-member.
(k)Nothing in this Act—
(1)limits, alters,
or diminishes the civil or criminal jurisdiction of the State of Alaska, or any
subdivision of that State, the United States, or any Indian tribe in Alaska,
including existing inherent and statutory authority of the tribes over child
protection, child custody, and domestic violence;
(2)confirms or
denies that any area of Alaska does or does not constitute Indian
country;
(3)diminishes the
trust responsibility of the United States to Indian tribes in Alaska, or
abridges or diminishes the sovereign immunity of any Indian tribe in
Alaska;
(4)alters the
jurisdiction of the Metlakatla Indian Community within the Annette Islands
Reservation;
(5)limits in any
manner the eligibility of the State of Alaska, any political subdivision of the
State, or any Indian tribe in Alaska, for any other Federal assistance under
any other law; or
(6)shall be
construed to alter the tribes’ existing jurisdictional authority over domestic
violence under the Violence Against Women Act.
(l)Liability of
State of AlaskaThe State of Alaska and any political subdivision
of the State shall not be liable for any act or omission of an Indian tribe
participating in the Project, including acts or omissions undertaken pursuant
to an intergovernmental agreement entered into under section 7.
(m)
(1)Each Indian tribe participating in the Project shall be
eligible for a contract from the Office of Justice Programs, in an amount not
to exceed $250,000 per year, for use in defraying costs associated with the
Project, including costs relating to—
(A)tribal court
operations and personnel;
(B)utility and
maintenance;
(C)overhead;
(D)equipment;
and
(E)continuing
education (including travel).
(2)The
contracts made available under this subsection shall be—
(A)in addition to
such grants as may be available under this Act or other provisions of law;
and
(B)awarded as
contracts in a form authorized by the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
(3)A tribal organization may enter into contracts on
behalf of an Indian tribe participating in the Project upon express written
delegation of authority of the Indian tribe to the tribal organization.
(n)The
Attorney General may promulgate such regulations as the Attorney General
determines to be necessary to carry out this section.
(o)
(1)Each State shall give full faith and credit to all
official acts and decrees of the tribal court of an Indian tribe participating
in the Project to the same extent and in the same manner as such State accords
full faith and credit to the official acts and decrees of other States.
(2)Nothing in this subsection impairs the duty of a State to
give full faith and credit under any other law.
(p)
(1)Subject to paragraph (2), Project Areas and Indian tribes
participating in the Project shall be eligible for the same law enforcement
programs of the Bureau of Indian Affairs and the Office of Justice Programs, as
are applicable to those areas under section 401 of Public Law 90–284 (25 U.S.C.
1321).
(2)Nothing in this Act limits the application in Alaska of
any other provision of this Act.
(q)Authorization
of appropriationsThere is authorized to be appropriated to carry
out subsection (m) $2,500,000 for each of fiscal years 2011 through
2017.
5.Alaska village
peace officers
(a)Establishment
of Alaska village peace officer grants programThe Office of
Justice Services of the Department of the Interior shall carry out a contract
program for the employment by Indian tribes of Village Peace Officers in Alaska
Native villages as provided in this section.
(b)
(1)To qualify for a contract under this section, an
applicant shall—
(A)be an Indian
tribe in Alaska that participated in a Project;
(B)demonstrate the
lack of other resident law enforcement in the applicable Alaska Native village;
and
(C)satisfy such
other criteria as may be established by notice by the Office of Justice
Services.
(2)Each
contract awarded under this section shall be in an amount not to exceed
$100,000 for the salary and related costs of employing and equipping 1 Village
Peace Officer, except that the Office of Justice Services shall be authorized
to waive the 1-officer limitation upon a showing of compelling
circumstances.
(c)At
the request of an applicant Indian tribe, the Office of Tribal Services shall
disburse funds awarded under this section through modifications to existing
self-determination contracts or self-governance compacts authorized under the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),
or by contract to a political subdivision of the State of Alaska pursuant to an
agreement, if any, under section 7.
(d)Eligibility for
BIA trainingVillage peace officers hired pursuant to this
section shall be eligible to attend the Bureau of Indian Affairs Police Officer
Training Program.
(e)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section $5,000,000 for each of fiscal years 2011 through 2017.
6.
(a)The Attorney General
may enter into 18-month contracts with tribal organizations in Alaska to
provide training and technical assistance on tribal court development to any
Indian tribes in Alaska.
(b)Tribal organizations may cooperate with
other entities for the provision of services under contracts described in
subsection (a).
(c)Authorization
of appropriationsThere is
authorized to be appropriated to carry out this section $2,000,000.
7.Intergovernmental
agreements
(a)The State of Alaska,
political subdivisions of that State, Indian tribes in Alaska, and the United
States are each authorized and encouraged to enter into intergovernmental
agreements, including agreements concerning—
(1)the employment of law enforcement officers,
probation, and parole officers;
(2)cross-appointment and cross-deputization of
tribal, State, municipal, or Federal officials;
(3)the detention or incarceration of
offenders; and
(4)jurisdictional or financial matters.
(b)Nothing in this section shall be construed as
restricting the right of the judicial system of Alaska to enter into agreements
with the tribal courts.