[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]





                      OPPORTUNITIES AND CHALLENGES  
                      FOR IMPROVING PUBLIC SAFETY  
                         IN TRIBAL COMMUNITIES

=======================================================================

                           OVERSIGHT HEARING

                               before the

               SUBCOMMITTEE ON INDIAN AND INSULAR AFFAIRS

                                 of the

                     COMMITTEE ON NATURAL RESOURCES
                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                       Tuesday, November 14, 2023

                               __________

                           Serial No. 118-76

                               __________

       Printed for the use of the Committee on Natural Resources 
       
       
       
       
       
       
       
              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]       
       
       
       
       
       
       
       


        Available via the World Wide Web: http://www.govinfo.gov
                                   or
          Committee address: http://naturalresources.house.gov
                                ______ 
                                
                  U.S. GOVERNMENT PUBLISHING OFFICE 
                 
54-101 PDF                WASHINGTON : 2024 
















                     COMMITTEE ON NATURAL RESOURCES

                     BRUCE WESTERMAN, AR, Chairman
                    DOUG LAMBORN, CO, Vice Chairman
                  RAUL M. GRIJALVA, AZ, Ranking Member

Doug Lamborn, CO                     Grace F. Napolitano, CA 
Robert J. Wittman, VA                Gregorio Kilili Camacho Sablan, CNMI
Tom McClintock, CA                   Jared Huffman, CA  
Paul Gosar, AZ                       Ruben Gallego, AZ
Garret Graves, LA                    Joe Neguse, CO  
Aumua Amata C. Radewagen, AS         Mike Levin, CA       
Doug LaMalfa, CA                     Katie Porter, CA                      
Daniel Webster, FL                   Teresa Leger Fernandez, NM
Jenniffer Gonzalez-Colon, PR         Melanie A. Stansbury, NM
Russ Fulcher, ID                     Mary Sattler Peltola, AK
Pete Stauber, MN                     Alexandria Ocasio-Cortez, NY
John R. Curtis, UT                   Kevin Mullin, CA
Tom Tiffany, WI                      Val T. Hoyle, OR
Jerry Carl, AL                       Sydney Kamlager-Dove, CA
Matt Rosendale, MT                   Seth Magaziner, RI
Lauren Boebert, CO                   Nydia M. Velazquez, NY
Cliff Bentz, OR                      Ed Case, HI
Jen Kiggans, VA                      Debbie Dingell, MI
Jim Moylan, GU                       Susie Lee, NV
Wesley P. Hunt, TX                   
Mike Collins, GA
Anna Paulina Luna, FL
John Duarte, CA
Harriet M. Hageman, WY                                     

                    Vivian Moeglein, Staff Director
                      Tom Connally, Chief Counsel
                 Lora Snyder, Democratic Staff Director
                   http://naturalresources.house.gov
                                 ------                                

               SUBCOMMITTEE ON INDIAN AND INSULAR AFFAIRS

                     HARRIET M. HAGEMAN, WY, Chair 
                JENNIFFER GONZALEZ-COLON, PR, Vice Chair 
               TERESA LEGER FERNANDEZ, NM, Ranking Member 

Aumua Amata C. Radewagen, AS         Gregorio Kilili Camacho Sablan, CNMI 
Doug LaMalfa, CA                     Ruben Gallego, AZ
Jenniffer Gonzalez-Colon, PR         Nydia M. Velazquez, NY
Jerry Carl, AL                       Ed Case, HI
Jim Moylan, GU                       Raul M. Grijalva, AZ, ex officio
Bruce Westerman, AR, ex officio      

                                 ------ 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                              
                               CONTENTS

                              ----------                              
                                                                   Page

Hearing held on Tuesday, November 14, 2023.......................     1

Statement of Members:

    Hageman, Hon. Harriet M., a Representative in Congress from 
      the State of Wyoming.......................................     1
    Leger Fernandez, Hon. Teresa, a Representative in Congress 
      from the State of New Mexico...............................     3

Statement of Witnesses:

    Newland, Hon. Bryan, Assistant Secretary, Indian Affairs, 
      U.S. Department of the Interior, Washington, DC............     6
        Prepared statement of....................................     7
        Questions submitted for the record.......................    12
    Klatush, Hon. Dustin, Chairman, Confederated Tribes of 
      Chehalis Reservation, Oakville, Washington.................    13
        Prepared statement of....................................    14
        Questions submitted for the record.......................    17
    Goggles, Hon. Lloyd, Chairman, Arapaho Business Council, 
      North Arapaho Tribe, Ethete, Wyoming.......................    17
        Prepared statement of....................................    19
        Questions submitted for the record.......................    21
    Chaudhuri, Jonodev, Ambassador, Muscogee Creek Nation, 
      Okmulgee, Oklahoma.........................................    23
        Prepared statement of....................................    25

    Sutter, Chris, Police Chief, Tulalip Tribes, Tulalip, 
      Washington.................................................    26
        Prepared statement of....................................    28
        Questions submitted for the record.......................    29

Additional Materials Submitted for the Record:

    Submissions for the Record by Representative Carl

        Coalition of Large Tribes, ``COLT Chairman Echoes Senate 
          Alarm on Foreign Illicit Tobacco Threats Amid FDA 
          Prohibitory Rulemakings on Menthol and Nicotine in 
          Cigarettes''...........................................    45

    Submissions for the Record by Representative Leger Fernandez

        NOT ONE MORE, Findings & Recommendations of the Not 
          Invisible Act Commission, November 1, 2023.............     4

        Cato article, ``Fentanyl Is Smuggled for U.S. Citizens by 
          U.S. Citizens, Not Asylum Seekers''....................    34
                                     


 
                   OVERSIGHT HEARING ON OPPORTUNITIES 
                   AND CHALLENGES FOR IMPROVING PUBLIC 
                      SAFETY IN TRIBAL COMMUNITIES

                              ----------                              


                       Tuesday, November 14, 2023

                     U.S. House of Representatives

               Subcommittee on Indian and Insular Affairs

                     Committee on Natural Resources

                             Washington, DC

                              ----------                              

    The Subcommittee met, pursuant to notice, at 2:14 p.m., in 
Room 1334, Longworth House Office Building, Hon. Harriet 
Hageman [Chairwoman of the Subcommittee] presiding.
    Present: Representatives Hageman, LaMalfa, Carl; and Leger 
Fernandez.

    Ms. Hageman. The Subcommittee on Indian and Insular Affairs 
will come to order. Without objection, the Chair is authorized 
to declare a recess of the Subcommittee at any time.
    The Subcommittee is meeting today to hear testimony on 
opportunities and challenges for improving public safety in 
tribal communities. Under Committee Rule 4(f), any oral opening 
statements at hearings are limited to the Chairman and the 
Ranking Minority Member. I therefore ask unanimous consent that 
all other Members' opening statements be made part of the 
hearing record if they are submitted in accordance with 
Committee Rule 3(o).
    Without objection, so ordered.
    I will now recognize myself for an opening statement.

STATEMENT OF THE HON. HARRIET M. HAGEMAN, A REPRESENTATIVE IN 
  CONGRESS FROM THE STATE OF WYOMING

    Ms. Hageman. The purpose of today's hearing is to hear from 
tribal leaders and from the Bureau of Indian Affairs about the 
opportunities and challenges for public safety in tribal 
communities. Everyone deserves to feel safe in their community, 
yet that is not the case for so many tribal reservations. 
Adequate public safety should not be seen as a privilege, it 
should be considered the status quo.
    Adequate public safety and law enforcement in Indian 
Country has been a long-standing issue. Native people 
experience violence at a higher rate than other communities 
with four and five Alaska Native and American Indian adults 
having reported facing some form of violence in their 
lifetimes. That is an overwhelming 83 percent.
    We all have a responsibility to see what we can do to 
better these circumstances. Today, we will look at three main 
issues that affect public safety and tribal communities: 
recruitment and retention of law enforcement officers, 
jurisdiction over crimes in Indian Country, and how external 
issues such as the influx of illegal drugs have an impact on 
Indian Country.
    The BIA and tribal law enforcement agencies have faced 
long-standing challenges to recruit and retain qualified law 
enforcement and public safety personnel. In fact, in meeting 
with various tribal members over the last 10 months, this has 
been one of the primary issues that they have raised with me as 
Chairman of this Subcommittee. There are many factors that 
drive this trend, but many of the people who have talked to me 
cite a lack of parity for pay and benefits compared to other 
Federal law enforcement agencies, the long background check 
approval periods, the number of qualified applicants that they 
are receiving, and the remote locations of many of these 
positions.
    Ensuring barriers are removed so that everyone is on a 
level playing field is strongly needed. Jurisdiction over 
crimes in Indian Country is also complicated and could 
implicate tribal, Federal, state, or local authorities, 
depending on the perpetrator's identity and the nature of the 
crime. When there is a question over which government is able 
to investigate or prosecute, it is oftentimes that the period 
of investigation may be lost. When concurrent jurisdiction 
exists, there may be lengthy discussions over which government 
should prosecute a particular crime, and if only one government 
can prosecute and declines to do so for various reasons, 
justice may be denied.
    The need for jurisdictions to work together on information 
sharing is also important. External factors that affect 
communities across the United States, like the influx of 
illegal drugs, can have an outsized impact on Indian Country. I 
am sure our witnesses will touch further on this devastating 
topic, but I do want to share a few statistics with you today.
    The Albuquerque Area Southwest Tribal Epidemiology Center 
found that the Alaska Native and American Indian mortality rate 
for opioid use was 38.7 deaths per 100,000 in 2021, while the 
national average was 20.1 deaths per 100,000. So, it was almost 
double in Indian Country.
    This past August, the U.S. Customs and Border Control 
reported seizures of 25,500 pounds of fentanyl from October 
2022 to August 2023. That is an 800 percent increase from 
Fiscal Year 2019 and it demonstrates the problems associated 
with an open border. It is obvious that this is an epidemic-
level issue for tribal communities, and this only touches on 
the influx of illegal drugs and does not cover the other 
external issues that can flow into tribal reservations and 
Native communities, particularly the crisis regarding missing 
and murdered Indigenous people.
    The outsized impact on tribes is due to challenges they 
already face, like jurisdiction and the lack of law enforcement 
in their communities. There are opportunities to improve 
collaboration and coordination between enforcement agencies. We 
can work to find ways to recruit and retain qualified law 
enforcement officers and ease the impact of external issues on 
Indian Country.
    We must do better, and I believe this conversation is the 
first of many to find solutions that it can improve public 
safety in Indian Country. Thank you to all of the witnesses for 
being with us today, and I look forward to our discussion.
    With that, the Chair now recognizes the Ranking Minority 
Member for her statement.

STATEMENT OF THE HON. TERESA LEGER FERNANDEZ, A REPRESENTATIVE 
 IN CONGRESS FROM THE STATE OF NEW MEXICO

    Ms. Leger Fernandez. Good afternoon and thank you to our 
witnesses for joining us here today.
    The timing of this hearing is particularly important as we 
are only 3 days away from yet another government shutdown. 
Republicans are fighting with each other while Democrats are 
committed to keeping our government open and serving our tribal 
communities. Democrats will provide the bipartisan votes to 
ensure the government stays open so tribal law enforcement is 
paid on time while they protect their communities.
    Congress has chronically underfunded programs designed to 
promote and support the social and economic well-being and the 
safety of Native Americans for decades. We must remember that 
these are all intertwined. Tribes need the security that comes 
with consistent funding and when it comes to public safety, 
that couldn't be more important.
    According to the Centers for Disease Control and 
Prevention, murder is the third leading cause of death among 
American Indian and Alaska Native women. The third leading 
cause. American Indian and Alaska Natives are 2.5 times more 
likely to experience violent crime than other races. On 
November 1, Congress received important findings and 
recommendations from the Joint Department of Justice and 
Department of the Interior's Not Invisible Act Commission, 
which is dedicated to the victims, survivors, and all those 
impacted by the crises of missing and murdered Indigenous 
persons.
    One of the top findings of the Commission is how reliable 
and consistent funding is critical to address their safety 
needs in their communities. I encourage my colleagues to read 
the report which lays out steps Congress must take to improve 
public safety. I support the Commission's call for a decade of 
action and healing. Congress must systematically address the 
need for sustained action to address this crisis, not just with 
law enforcement but with a full range of social and economic 
programs needed to combat the deeply rooted issues that 
underline violence against Native people.
    Madam Chair, I would like to enter the Not Invisible Act 
Commission's Report into the record. It is over 200 pages well 
worth reading.
    Ms. Hageman. Without objection.
    [The information follows:]
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 
    

.epsThe full report is available for viewing at:

https://docs.house.gov/meetings/II/II24/20231114/116535/HHRG-
118-II24-20231114-SD004.pdf

                                ------                                


    Ms. Leger Fernandez. BIA has seen a 30 percent vacancy rate 
across all law enforcement positions. This is partly because of 
the remote location of tribal communities, lack of housing, and 
an overall lack of resources. To add to these challenges, BIA 
OJS is looking at recruitment and retention incentives, 
including pay parity for BIA law enforcement, so that it could 
be in line with other Federal law enforcement levels.
    I support legislation for pay parity and retention 
incentives. But BIA needs sufficient funding. I would like to 
thank our appropriators, like Tom Cole, Rosa DeLauro, and Betty 
McCollum, and many more, who have seen and shepherded a growth 
in appropriations in recent years. However, we still have a 
funding shortfall of $717 million. The Fiscal Year 2024 
Interior appropriations bill provides $618 million. That is 
$100 million short of what our tribal communities need.
    I just came from the Rules Committee where we discussed the 
Republican Commerce, Justice, and Science bill which decreases 
funding for improving tribal law enforcement by $2.5 million. I 
recently met with the FBI who let me know that there are only 
70 congressionally-funded agents across the country working in 
Indian Country, 14 of which are in New Mexico. Only 14 in New 
Mexico, only 70 nationwide.
    Well, guess what the CJS appropriations bill would do to 
the FBI. It would cut it by $400 million. As the main 
investigative body for crimes in Indian Country, this would be 
devastating. Our law enforcement is overworked, from the BIA to 
the FBI. They don't have the resources or manpower to protect 
sacred sites like in my district, the Petroglyphs at the Caja 
del Rio, or across Indian Country. I know every single tribal 
representative here knows of instances of tribal sacred sites 
that are being pilfered, and we must stop it.
    The tribes here today, you are the ones who are the first 
to respond to a crisis in your community, but you have to cover 
hundreds of miles, often without the right and proper vehicles. 
So, we know we need to do better and I look forward to hearing 
from you today so that we can address the multiple causes of 
this crisis that is facing Indian Country.
    Thank you very much, Madam Chair, and I yield back.

    Ms. Hageman. Wonderful. I will now introduce our witnesses 
for our panel.
    The Honorable Bryan Newland, Assistant Secretary, Indian 
Affairs, U.S. Department of the Interior, Washington, DC; the 
Honorable Dustin Klatush, Chairman, Confederated Tribes of the 
Chehalis Reservation, Oakville, Washington; the Honorable Lloyd 
Goggles, Chairman, Arapaho Business Counsel, Northern Arapaho 
Tribe, Ethete, Wyoming; Mr. Jonodev Chaudhuri, Ambassador, 
Muscogee Creek Nation, Okmulgee, Oklahoma; and Mr. Chris 
Sutter, Police Chief, Tulalip Tribes, Tulalip, Washington.
    Let me remind the witnesses that under Committee Rules, 
they must limit their oral statements to 5 minutes, but their 
entire statement will appear in the hearing record. To begin 
your testimony, please press the ``talk'' button on the 
microphone. We use timing lights. When you begin, the light 
will turn green. When you have 1 minute left, the light will 
turn yellow. And at the end of 5 minutes, the light will turn 
red, and I will ask you to please complete your statement. I 
will also ask all witnesses on the panel to testify before 
there is any Member questioning.
    The Chair now recognizes the Honorable Bryan Newland for 5 
minutes.

STATEMENT OF THE HON. BRYAN NEWLAND, ASSISTANT SECRETARY, INDIAN 
 AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR, WASHINGTON, DC

    Mr. Newland. Thank you, Madam Chair and Ranking Member 
Leger Fernandez. Good afternoon. I want to thank you for the 
opportunity to testify this afternoon on behalf of the 
Department on tribal public safety.
    My name is Bryan Newland and I serve as Assistant Secretary 
for Indian Affairs. The United States has a trust obligation to 
protect the existence of Indian tribes and also to protect the 
physical safety of their citizens, and at the Bureau of Indian 
Affairs, we play a crucial role in meeting this trust 
obligation.
    Our work to protect tribal communities through law 
enforcement activities falls into three broad categories: 
policing, detention, and supporting tribal courts. The BIA 
provides law enforcement services through one of two paths, 
either direct law enforcement services or funding tribal law 
enforcement programs under self-determination contracts or 
self-governance compacts. Currently, we employee 352 uniformed 
police officers and criminal investigators that serve over 200 
tribal communities across the United States.
    This past March, the Department issued a report to Congress 
on law enforcement needs in Indian Country pursuant to the 
Tribal Law and Order Act. In that report, we explained that the 
BIA spends $246 million on law enforcement, $123 million for 
detention facilities, and $62.8 million for tribal courts. But 
that report highlights the total estimated needs for public 
safety and justice programs in Indian Country are at $1.4 
billion for law enforcement, $247 million for existing 
detention centers, and $1.2 billion for tribal courts.
    It is clear that there is a massive gap between present 
funding levels and needs for public safety in Indian Country 
and the Department has been working to address that gap. We 
have worked to improve our law enforcement recruitment efforts 
and to cut our attrition rate within our law enforcement 
officer ranks. One of the ways we have done this is to ensure 
BIA law enforcement officers have pay parity with their 
counterparts in other Federal agencies, and we are also working 
to reduce the time to hire for our own officers and to utilize 
all the hiring tools available to us under the law.
    Correctional facilities are another important component of 
tribal justice systems. The BIA presently operates 26 detention 
facilities in good condition across the country, but we also 
have 23 facilities in poor condition. Replacement of those 
facilities will cost at least $590 million.
    The third way that we support public safety in Indian 
Country is through funding tribal justice systems. Tribal 
courts are an essential aspect of tribal sovereignty and there 
are approximately 400 tribal justice systems across the country 
today. Many tribes are working to establish healing to wellness 
courts to address substance abuse and mental health issues that 
drive recidivism. As a former tribal court judge myself, I have 
seen just how valuable these wellness courts can be.
    Protecting and enhancing public safety in Indian Country is 
a difficult task, especially with the complex challenges facing 
both tribes and Federal agencies. Three of the biggest 
challenges we face today are jurisdiction, illegal drugs, and 
lack of resources. For most law enforcement agencies in most 
circumstances, questions about jurisdiction and authority to 
act are relatively simple and straightforward.
    In Indian Country, these questions are complicated. The 
authority to act often depends on a matrix of the ownership 
status of land and the tribal status of the individuals 
involved. This leads to transaction costs on officers working 
in Indian Country, which are often incurred before police work 
even begins.
    Drug-related activity in tribal communities imposes health 
and economic hardship and is a major contributor to violent 
crime. The BIA conducts investigations on narcotics, gangs, 
human trafficking, and border violations in Indian Country and 
has a specialized national drug enforcement division.
    As I also noted above, the availability of funding and 
other resources presents challenges to law enforcement in 
Indian Country. Many tribal communities are in rural areas. We 
ask law enforcement recruits to relocate to these communities 
where they are often hindered by a lack of available housing. 
Many officers also identify updating equipment and technology 
as one of the top priorities needed to support their safety. 
Due to the remoteness of these communities and poor roads, we 
often have to replace vehicles more quickly, and communication 
equipment is even more important for officer safety because 
these areas are remote, and these officers often work alone.
    Addressing these challenges requires coordination across 
the government with tribal leaders, and it is a challenge we 
must meet to fulfill our trust responsibilities. I want to 
thank you again, Madam Chair, for having me back. It is always 
a pleasure to testify here. And Ranking Member and members of 
the Committee, I look forward to answering your questions.

    [The prepared statement of Mr. Newland follows:]
  Prepared Statement of Bryan Newland, Assistant Secretary for Indian 
                Affairs, U.S. Department of the Interior

    Aanii (Hello)! Good afternoon, Chair Hageman, Ranking Member Leger 
Fernandez, and members of the Subcommittee. My name is Bryan Newland, 
and I am the Assistant Secretary for Indian Affairs at the U.S. 
Department of the Interior (Department). Thank you for the opportunity 
to discuss the opportunities and challenges of Tribal public safety.

Background

    The United States has a trust relationship with each of the 574 
federally recognized Tribes, and their Tribal citizens. Through these 
relationships, the United States has charged itself with obligations of 
the highest responsibility and trust--including the obligation to 
protect the existence of Indian Tribes and their citizens. This 
obligation is at its highest when it comes to protecting the physical 
safety and well-being of Indian people within Indian country.
    The Bureau of Indian Affairs (BIA) plays a crucial role in meeting 
this obligation on behalf of the United States. Our work to protect 
public safety through law enforcement activities in Indian country 
falls into three broad categories: policing, detention, and supporting 
Tribal courts.

Policing in Indian Country
    The BIA--Office of Justice Services (OJS) provides law enforcement 
services directly to Tribes by OJS personnel or through self-
determination contracts or compacts, also known as 638 contracts. BIA 
employs 352 uniformed police officers and criminal investigators 
serving over 200 Indian communities across the country.
    OJS has several supporting operations and functions, which include 
the missing and murdered unit, victim assistance, drug enforcement, 
emergency management, internal affairs, land mobile radio program, 
Indian highway safety, Tribal justice support, and operation of the 
Indian Police Academy.
    OJS also functions as a lead Federal stakeholder and advocate for 
public safety and justice matters affecting hundreds of Tribal 
communities across the country. We engage regularly with other federal 
stakeholders and Tribal governments to collaborate on how best to help 
address the unique public safety challenges faced by Tribal 
communities.
    On March 24, 2023, the Department issued the Report to the Congress 
on Spending, Staffing, and Estimated Funding Costs for Public Safety 
and Justice programs in Indian Country, 2020.
    This report contains data for funding costs in Indian Country. 
Total BIA spending for law enforcement was $246.3 million, $123.1 
million for detention facilities, and $62.8 million for Tribal courts. 
The total estimated costs for public safety and justice programs is 
$1.4 billion for law enforcement programs, $247.7 million for existing 
detention centers, and $1.2 billion for Tribal courts. These numbers 
demonstrate the continued need for investment to improve the ability of 
Tribal public safety systems to fully serve their communities.
    The recruitment and retention of law enforcement officers and staff 
for Tribal law enforcement agencies continue to face unique challenges. 
These challenges include pay parity, the length of background 
investigations, lack of applicants, and officer wellness. Currently, 
our foremost strategy is addressing pay parity by increasing BIA law 
enforcement pay levels to match with other Federal law enforcement. To 
accomplish this, we completed an upgrade to our uniformed police 
officer positions during FY 2023, which increased career advancement 
opportunities, along with corresponding pay increases up to an 
additional $30,000 annually for BIA law enforcement officers. We are 
also utilizing available hiring flexibilities and recruitment and 
retention bonuses to increase current staffing levels and better 
support those interested in fulfilling DOI's unique mission in Tribal 
communities.
    The Department's Law Enforcement Task Force (Task Force) also 
recently released their 2023 report, which includes a list of findings 
and recommendations to improve all the Department's law enforcement 
programs. That list includes a finding from all Bureaus within the 
Department citing the length of time to complete background 
investigations as an impediment to filling open positions in a timely 
manner. The Task Force recommends streamlining the background 
investigation process to increase the timeliness of the hiring process. 
Our team meets on a weekly basis to ensure the hiring process and 
background checks move as quickly as possible.
    The Task Force recommendations also include mentorship programs for 
new hires and ongoing culturally appropriate training opportunities. 
These two recommendations would assist incoming hires with retention 
and engagement with the community and visitors. The report also 
highlights the importance of wellness programs for law enforcement 
officers.
    Law enforcement officers have a duty to protect and serve their 
communities, but that service exposes officers to a significant amount 
of stress and trauma. The past few years have been especially 
challenging with the COVID-19 pandemic. Combining these challenges with 
job demands, staffing challenges, and responding to high-risk calls 
requires an investment in resources such as culturally appropriate 
training and mentorship programs to assist in officer wellness and will 
increase officer retention.

Detention Centers

    There are over 90 detention centers throughout Indian Country, and 
OJS staffs and operates a quarter of these facilities. The other 
detention centers are operated by Indian Tribes through 638 compacts, 
and there are a few that are fully funded and operated by Indian 
Tribes. Each facility is unique in operation and location.
    Correctional facilities are important components of Tribal justice 
systems. The ultimate mission of OJS corrections is to ensure Indian 
Country facilities are operated in a safe, secure, and humane manner. 
To ensure these operation goals are met, the Department has requested 
additional funding to address critical infrastructure needs.
    The Indian Affairs Division of Facilities Management and 
Construction and OJS regularly meet to determine detention facility 
center needs. The Facility Condition Index (FCI) rates detention 
facilities in good, fair, and poor conditions to determine which 
facility has the highest deficiency repair needs. To determine the FCI 
rating, the deferred maintenance total is divided by the current 
replacement value and if the result is >.10, the location is given an 
FCI condition of poor.
    The deterioration of facilities negatively impacts the health and 
safety of its occupants and impairs the use of the facility. When these 
facilities don't receive the proper maintenance, they fall into 
disrepair and ultimately become unsafe to use. This results in reduced 
service levels and have a detrimental impact to the safety of the 
Tribal community.
    The average cost of facility replacement is $26 million (bed count 
and location are primary factors) and there are currently 23 facilities 
considered in poor condition. BIA currently estimates that it will cost 
at least $590 million to replace those facilities. There are currently 
eight detention facilities in one of the following stages: pre-
planning, planning design, design-build or construction.
    The Department supports the continued investment in Tribal justice 
systems, infrastructure, and law enforcement.

Supporting Tribal Courts

    The OJS, Tribal Justice Support provides training, technical 
assistance, and funding for the operation, maintenance, and support of 
Tribal Justice Systems. Tribal courts are an essential aspect of Tribal 
sovereignty and are an opportunity for Tribes to run their own justice 
systems. There are approximately 400 Tribal justice systems throughout 
the Nation. These courts are partially funded through Public Law 638 
Tribal Priority Allocations (TPAs). In addition to the TPA funds, the 
OJS/Tribal Justice Support Directorate provides ``supplemental'' 
funding to Tribal Justice Systems.
    Tribal Courts are funded through several appropriations line items 
including: Violence Against Women Act special tribal criminal 
jurisdiction training and implementation; Tiwahe which primarily 
handles child dependency cases; Public Law 83-280 (P.L. 280) which 
provides funding to P.L. 280 jurisdictions; and the general operation 
and maintenance for all Tribal justice systems in the United States. 
For example, in 2023, 440 new Tribal justice positions were funded 
through the Tribal Court Assessment process. The Tribal Court 
Assessment process is articulated in 25 U.S.C. Sections 3611, 3612, and 
3613 and allows Tribes the ability to identify and seek funding for 
their specific and unique needs. Of the 440 positions funded, 42 
positions were funded to address domestic violence issues within Tribal 
Justice systems, along with 260 positions in P.L. 280 jurisdictions, 
and 20 new positions in Healing to Wellness Courts. The remaining 
positions were for the operation of Tribal courts, including clerk 
positions, probation positions, case manager positions, among others.
    Healing to Wellness courts have provided positive results in 
healing and strengthening Tribal communities. For example, Penobscot 
Nation has not incarcerated a defendant this year, but in fact has 
graduated individuals from the Healing to Wellness court and provided 
participants with options for higher education and resulted in 
commitments to work to create a safer and better community. The same 
can be said for other Tribes, such as Saginaw Chippewa Healing to 
Wellness court.
    Through these Healing to Wellness Tribal Courts many Tribes are 
reforming or creating judicial systems which incorporate traditional 
and cultural aspects to create a more effective measure to address the 
trauma induced circumstances within their communities. In addition to 
dealing with narcotics issues, Healing to Wellness courts also address 
child dependency and family matters brought by the Tribal Social 
Service Directorate and play an essential role in family reunification 
by providing support and services needed for parents to complete within 
the reunification plan. Tribes have seen an improvement in the 
reunification process when relatives and community members provide 
encouragement and support to those families needing assistance. 
Reunification is more successful through the Healing to Wellness court 
process, as is addressing addiction issues, which often go hand in hand 
with child dependency cases.
    In addition, the Tiwahe funding has also provided positions not 
only for Tribes participating in the demonstration project but provided 
essential positions for Tribes seeking to have representation in state 
court on Indian Child welfare matters. BIA has funded 10 attorney 
Tribal justice positions focused on transferring children from state 
court to Tribal court under the Indian Child Welfare Act which 
solidifies the intent of the Act to bring Native Children home.
    In addition to providing Tribal justice positions, the BIA supports 
peer-to-peer trainings and provides Tribes the ability to share best 
practices with others. In an effort to support Tribal self-
determination, Tribes are better suited to provide best practices and 
discuss challenges with their peers. To that end, over 1,000 Tribal 
justice personnel were trained in 2023. For instance, Choctaw Nation is 
holding a VAWA special tribal criminal jurisdiction training next week 
and though the event is funded by the BIA, it is hosted and conducted 
by the Tribe.
    Tribal Courts solidify sovereignty and work to address underlying 
aspects causes of individuals who become missing and murdered in their 
community. The focus of all these courts is to address issues 
``upstream'' instead of dealing with ultimately tragic issues which 
debilitate our communities.

Challenges to Public Safety in Indian Country: Jurisdiction, Illegal 
   Drugs, and Resources

    Protecting public safety in Indian country is a difficult task, 
given the complex challenges facing both Tribes and federal agencies 
responsible for meeting our obligations to Tribes and their citizens. 
We've highlighted three of the biggest challenges we are facing: 
jurisdiction, illegal drugs, and resources.

Jurisdiction

    The jurisdictional framework between Indian Tribes, the federal 
government, and states is complex, especially regarding criminal 
jurisdiction. Congress and the courts have tied criminal jurisdiction 
to several variables to determine who exercises jurisdiction. These 
variables include type of crime, Tribal affiliation of the defendant, 
Tribal membership status of the victim, and land status of the crime 
scene. These variables impose significant transaction costs on 
officers, policymakers, attorneys, judges, and advocates working to 
address public safety challenges in Indian country. In most other 
jurisdictions, resolving these issues before beginning the work of 
policing and adjudicating is a simple task. In Indian country, it is a 
necessary complexity.

    However, Congress, has legislated to clarify and affirm criminal 
jurisdiction in Indian Country. These enactments include:

     the 1968 amendments to P.L. 280, which required states to 
            obtain the consent of the Indian Tribe prior to exercising 
            criminal jurisdiction in Indian Country and permitted 
            states to withdraw from the jurisdictional arrangement;

     the 1991 amendments to the Indian Civil Rights Act, which 
            affirmed Indian Tribes' inherent criminal jurisdiction over 
            non-member Indians;

     the 2010 Tribal Law and Order Act, which enhanced the 
            criminal sentencing authority of Tribal courts;

     the 2013 reauthorization of the Violence Against Women 
            Act, which recognized and affirmed Indian Tribes' inherent 
            jurisdiction to prosecute non-Indians for certain crimes 
            committed in Indian Country;

     the 2019 enactment of Savanna's Act, which improved the 
            federal response to missing or murdered Indigenous persons 
            by increasing coordination among Tribal, Federal, State, 
            and local law enforcement agencies.

     the 2019 enactment of the Not Invisible Act, which created 
            a Commission to make recommendations to the Department of 
            the Interior and Department of Justice to improve 
            intergovernmental coordination and establish best practices 
            for state-Tribal-federal law enforcement to combat the 
            epidemic of missing persons, murder, and trafficking of 
            Native Americans and Alaska Natives; and

     the 2022 reauthorization of the Violence Against Women 
            Act, which expanded and reaffirmed Indian Tribes' inherent 
            jurisdiction to prosecute non-Indians for additional crimes 
            committed in Indian Country.

    These enactments demonstrate that Indian Tribes themselves can best 
meet the public welfare and safety needs of communities within their 
jurisdiction.

Illegal Drugs in Tribal Communities

    Drug related activity in Tribal communities is a major contributor 
to violent crime and imposes health and economic hardship. As a 
response, OJS has a specialized national drug enforcement division, the 
Division of Drug Enforcement (DDE), to investigate the distribution of 
illegal narcotics in Indian Country. OJS also conducts investigations 
on narcotics, gangs, human trafficking, and border violations in Indian 
Country. The DDE provides investigations that focus on disrupting drug 
distribution networks and analytical support to track drug cases that 
directly impact Indian Country. The DDE provides drug related training 
and technical assistance to law enforcement programs that operate in 
Indian Country.

Current Drug Seizure Totals
    Each year, our DDE plans and executes multiple undercover narcotic 
and highway interdiction operations throughout Indian Country. The 
operations will typically range from 4 to 14 days, during which the 
assigned special agents and police officers focus efforts solely on a 
specific reservation. The number and success of these operations is the 
strongest driver of our annual illegal drug seizures. During FY 2023, 
twenty-two such operations were completed, leading to seizure totals 
of:

     Methamphetamine: 1,846 lbs.

     Fentanyl Powder: 98 lbs.

     Fentanyl Pills: 1,097,671

     Marijuana: 11,411 lbs.

     Heroin: 23 lbs.

     Cocaine: 1,418 lbs.

Current Drug Threats and Impact on Tribal Communities
    Nationwide activities of our drug enforcement team are identifying 
methamphetamine and fentanyl as the prevalent emerging drug threats to 
the safety of Tribal communities. Tribes reported 1,590 fatal overdoses 
in FY 2023 and 899 non-fatal overdoses. While the data conveys the 
seriousness of these threats, we are unable to measure the resulting 
impact to victims, affected families, and the already strained Tribal 
justice and social service systems in these communities.

Resources

    Many resources are needed to help fully staff Tribal public safety 
agencies. This includes housing, updated equipment, and the improvement 
of Tribal public safety data collection.
    Housing for Tribal public safety staff is important for recruitment 
and retention. Many Tribal communities are in remote areas and law 
enforcement recruits often must relocate to those communities for their 
jobs. It's no secret that housing needs within Tribal communities are 
very high. Housing conditions vary from community to community, but 
homes are often overcrowded, lack running water and heat, and need 
replacement. Combined with traveling long distances from home to work 
contributes to fatigue on Tribal law enforcement staff and the faster 
deterioration of public safety equipment.
    The Task Force report stated that Department law enforcement 
officers identified having updated equipment and technology resources 
as one of the top priorities needed to support their safety. Because 
many Tribal communities and homes are located in remote areas with 
unpaved roads, public safety vehicles accumulate greater wear and tear 
and need to be routinely replaced. Tribal law enforcement officers 
often respond to high-risk calls alone and face greater rates of death 
in the line of duty. Ensuring all Tribal officers have access to 
reliable top-tier equipment can contribute to their safety in the 
field. Law enforcement heavily rely on field communications, like land 
mobile radios, to respond to calls and maintain officer safety. 
Expanded radio coverage would minimize ``no coverage'' areas and should 
include video and data capabilities to increase officer safety and 
reduce the stress of uncertainty of whether assistance will be 
available.
    Another component to ensuring Tribal law enforcement officer safety 
is access to law enforcement data systems. State and federal law 
enforcement agencies utilize their own data systems to track important 
information like warrants, missing individuals, unsolved crimes, 
evidence, and the level of danger a criminal poses. These systems often 
do not communicate with each other and contribute to data gaps in 
Tribal communities. Tribal law enforcement agencies also do not always 
have access to these systems and if they do, individuals must be 
trained to use federal systems and many agencies often do not have the 
staff to utilize that training. Consolidating those existing law 
enforcement systems would improve the capture of public safety data and 
allowing Tribal law enforcement agencies to have access to that 
consolidated system can also ensure Tribal officer safety in the field.

Conclusion

    The Department continues to prioritize and reinforce Tribal 
sovereignty and self-determination by providing support and resources 
to improving public safety in Indian Country.
    Chair Hageman, Ranking Member Leger Fernandez, and members of the 
Subcommittee, thank you for the opportunity to provide the Department's 
views. We look forward to working with Congress to affirm and support 
Tribal sovereignty and public safety within Tribal communities. I am 
happy to answer any questions that you may have.

                                 ______
                                 

Questions Submitted for the Record to the Hon. Bryan Newland, Assistant 
       Secretary-Indian Affairs, U.S. Department of the Interior

Mr. Newland did not submit responses to the Committee by the 
appropriate deadline for inclusion in the printed record.

            Questions Submitted by Representative Westerman
    Question 1. Can you please provide further details, including any 
positive or unforeseen outcomes, of the Bureau's recent strides towards 
pay parity among law enforcement, specifically in the Bureau's upgrade 
to the uniformed police officer positions in FY 2023?

    Question 2. Can you provide further details on what the Bureau has 
done to address the lengthy background checks process, and any further 
steps the Bureau intends to take?

             Questions Submitted by Representative Hageman

    Question 1. Assistant Secretary Newland, during the hearing we 
discussed issues the Bureau of Indian Affairs is facing with 
recruitment and retention of law enforcement officers. In your answer 
detailing Bureau efforts to address these problems, you discussed your 
willingness to work with the Subcommittee to develop other tools, such 
as location pay and special incentives and bonuses, to recruit, hire, 
and retain candidates to positions in remote locations.

    1a) What are some other tools Congress could consider providing the 
Bureau?

    Question 2. We noted in the hearing that BIA has received 
additional money and resources in recent years from Congress to address 
these issues.

    2a) What can Congress do to ensure these growing resources are 
having the greatest impact possible? By this I mean, what else, besides 
providing more resources, can Congress do to help BIA?

    Question 3. Congressman Jerry Carl cited the concerns raised by the 
Coalition Of Large Tribes (C.O.L.T.) about the pending Food and Drug 
Administration (FDA) ban of menthol cigarettes in America.\1\ 
Specifically, C.O.L.T. is concerned that this ban will create illicit 
markets for foreign cartels and criminal interests from China, the 
Middle East, and Mexico. C.O.L.T. notes that trafficking channels 
already exist on reservations because these cartels know how to use the 
jurisdictional gaps and underfunded law enforcement to their advantage. 
Therefore, C.O.L.T. believes this proposed ban will have significant 
public safety concerns, such as placing further strains on tribal law 
enforcement and exposing Native American consumers of these products to 
unregulated cigarettes.
---------------------------------------------------------------------------
    \1\ Tobacco Product Standard for Menthol in Cigarettes, 87 FR 26454 
(Proposed May 4, 2022)

    3a) Assistant Secretary Newland, during the hearing you responded 
that you were not aware of the FDA proposed rule. Have you had the 
chance to familiarize yourself with the proposal? And have you since 
---------------------------------------------------------------------------
consulted with the FDA?

    3b) Do you share these concerns about the unintended consequences 
this proposed rule could have on tribal public safety should it go into 
effect?

    3c) Numerous tribes and tribal reservations in our nation, 
especially in the West and Southwest, are already burdened by the 
increasing flow of fentanyl and other iliicit products over the 
southern border. Could this FDA proposed rule further strain resources 
tribes have had to dedicate to this national issue?

        (i) Could this proposed rule damage BIA efforts to assist 
        tribal law enforcement deal with the influx of illicit products 
        and criminal organizations using reservations for their own 
        advantage?

    Question 4. It is our understanding that the final rule has been 
sent to the White House Office of Management and Budget for review.

    4a) Will you commit to consulting with the FDA and White House to 
raise these tribal concerns before a final rule is published?

                                 ______
                                 

    Ms. Hageman. Thank you very much.
    The Chair now recognizes the Honorable Dustin Klatush for 5 
minutes. Welcome back.

STATEMENT OF THE HON. DUSTIN KLATUSH, CHAIRMAN, CONFEDERATED 
 TRIBES OF CHEHALIS RESERVATION, OAKVILLE, WASHINGTON

    Mr. Klatush. Good afternoon, Chair Hageman, Ranking Member 
Leger Fernandez, and members of the Committee. My name is 
Dustin Klatush. I am the Chairman of the Confederated Tribes of 
the Chehalis Reservations. My testimony will focus on 
challenges that the Chehalis Tribe has experienced providing 
effective law enforcement services to our community and provide 
some recommendations for the Committee to consider.
    The Chehalis Reservation is located halfway between Seattle 
and Portland off Interstate 5 in Southwest Washington State. 
The Tribe's 5500-acre reservation land base is checkerboarded 
and portions of the reservation are in three different 
counties.
    Recruitment challenges in Washington State. Many Indian 
tribes, including Chehalis, have recruited and trained law 
enforcement officers only to see them leave for more 
competitive pay and benefits in neighboring jurisdictions. As 
explained in my written statement, the state of Washington has 
the lowest number of law enforcement officers per 1,000 
residents of any state in the United states. This has resulted 
in aggressive recruiting efforts by our neighboring state and 
local jurisdictions for tribal officers. My Tribe pays salaries 
on par with our neighbors, but it is not able to provide the 
same retirement benefits that our neighboring jurisdictions can 
provide.
    The Tribe fully supports the Parity for Tribal Law 
Enforcement Act, a bipartisan bill introduced by Congressman 
Dan Newhouse, that would allow tribal law enforcement officers 
to begin accruing the same retirement, injury, and death 
benefits that Federal law enforcement officers currently enjoy. 
If enacted, H.R. 4524 will provide Indian tribes nationwide 
with a critical tool to address law enforcement, recruitment, 
and retention challenges.
    The Tribe encourages the Committee to move this bill 
quickly. Fentanyl has put an increased burden on tribal law 
enforcement in Washington State. As I mentioned in my written 
statement, fentanyl has become one of the Chehalis Tribe's 
biggest law enforcement challenges.
    In 2021, the Washington State Supreme Court ruled that the 
state's primary criminal drug possession law was 
unconstitutional. The Washington State Legislature responded by 
enacting a new law that made possession of hard drugs like 
fentanyl a misdemeanor. The new law also required that 
offenders be diverted to treatment in lieu of arrest for, at 
the least, the first two arrests. This effectively meant that 
state law enforcement would not make arrests for fentanyl 
possession.
    Fentanyl usage has surpassed heroin and methamphetamine 
usage on the Chehalis Reservation and in Southwest Washington. 
Most arrests that the Tribe's officers make involve fentanyl. 
While the Tribe's neighboring jurisdictions are effectively 
unable to arrest the drug possession crimes due to lax state 
laws, our U.S. Attorney's Office wants to see airtight cases 
with large amounts of drugs before it will take up cases.
    All of this has meant that the Chehalis and other tribal 
law enforcement agencies must fend for ourselves. Congress 
should consider using the special domestic violence 
jurisdiction in the Violence Against Women Act as a model and 
provide authority for Indian tribes to arrest and prosecute 
non-Indians for possession and distribution of fentanyl and 
other hard drugs. This type of authority is the only real 
enforcement mechanism for tribes to get fentanyl-related 
perpetrators off the streets.
    We are aware that law enforcement is only a part of the 
solution to the fentanyl problem. Next month, the Tribe will 
host a grand opening of its Hope and Healing Clinic, a facility 
that will provide inpatient and outpatient treatment for 
substance abuse, including opioids. The Tribe also has a 38-
foot mobile clinic that will be used to provide treatment at 
remote locations. The Tribe intends for the Hope and Healing 
Clinic to fill a critical void in our area by providing 
treatment options not only for the Tribe but our non-Indian 
neighbors as well.
    Moving forward, the Tribe urges the Committee to ensure 
that Indian tribes are included in larger Federal initiatives 
and legislation that provide resources to government to arrest 
and prosecute fentanyl-related offenses and to provide 
treatment options.
    Thank you for allowing me to provide testimony today. I 
look forward to answering any questions the Committee may have.

    [The prepared statement of Mr. Klatush follows:]

     Prepared Statement of the Honorable Dustin Klatush, Chairman, 
            Confederated Tribes of the Chehalis Reservation

    Thank you, Chair Hageman, Ranking Member Leger Fernandez, and 
members of the Committee for holding this oversight hearing. My name is 
Dustin Klatush, and I am the Chairman of the Confederated Tribes of the 
Chehalis Reservation (the ``Tribe''). My testimony will focus on 
challenges that the Chehalis Tribe has experienced providing effective 
law enforcement services to our community, and provide some 
recommendations for the Committee to consider.

    The Chehalis Reservation was created by Executive Order in 1864 and 
is located between the confluence of the Chehalis River and the Black 
River. Geographically, the Tribe is located approximately halfway 
between Seattle and Portland off Interstate 5. Large assemblages of the 
Tribe's 5,500-acre reservation land base are checkerboarded and are 
situated throughout southwestern Washington state in three different 
counties. Approximately forty percent of Chehalis tribal members are 
under the age of 18.
I. RECRUITING AND RETAINING TRIBAL OFFICERS HAS NEVER BEEN MORE 
     DIFFICULT

    According to data published annually by the Washington Association 
of Sheriffs and Police Chiefs,\1\ the state of Washington has the 
lowest number of law enforcement officers per 1,000 residents of any 
state in the United States. Washington's average of 1.12 officers per 
1,000 residents is below every other state and the District of 
Columbia. The national per capita average is 2.31 per 1,000 residents, 
so Washington state has less than half as many officers proportionately 
than the national average. The number of officers in Washington state 
has been decreasing despite aggressive recruitment efforts by local 
jurisdictions, such as increased pay and hiring bonuses.
---------------------------------------------------------------------------
    \1\ See Crime in Washington 2022 Annual Report, Washington 
Association of Sheriffs and Police Chiefs, available at https://
www.waspc.org/assets/CJIS/Crime%20in%20Washington%202022-
compressed.pdf. The statistics cited in this prepared statement were 
taken from this report.
---------------------------------------------------------------------------
    The Tribe's Police Department (PD) carries out law enforcement and 
detention services under a contract with the Bureau of Indian Affairs 
(BIA) under the Indian Self-Determination and Education Assistance Act 
of 1975. The Tribe's PD has thirteen commissioned officers who are 
certified under state law to enforce state and local criminal laws, in 
addition to Chehalis tribal criminal laws. The PD currently has two 
vacant positions. Next year, the Tribe intends to add two new officer 
positions and hopes that it will be able to find suitable candidates to 
fill them.
    Many Indian tribes have experienced recruiting and training law 
enforcement officers only to see them leave for more competitive pay 
and benefits in neighboring jurisdictions. The Chehalis Tribe is no 
exception, and this problem has been aggravated by the shortage of 
officers statewide and the aggressive recruiting efforts of our 
neighboring jurisdictions.
    There are other factors that the Tribe believes have contributed to 
the shortage of police officers, including a negative political climate 
in recent years toward law enforcement generally. We are seeing fewer 
young people who are interested in pursuing careers in law enforcement. 
Historically, the Tribe could rely on officers from neighboring 
jurisdictions who retired with pension benefits from their respective 
state and local departments to seek employment with the Tribe as tribal 
officers. Today, however, we are now seeing these individuals leaving 
the law enforcement profession altogether.
    The decrease in the number of law enforcement officers in 
Washington state over the past five years has unfortunately 
corresponded with an increase in the number of assaults against police 
officers. In 2018, there were 1,676 reported assaults on law 
enforcement officers in the state. In 2022, there were 2,375 reported 
assaults against police officers, which represented a 20 percent 
increase over 2021. These statistics highlight the obvious: law 
enforcement is a critical, yet dangerous, profession in any community.
    While the Tribe pays salaries commensurate with our neighbors, it 
is not able to provide the same retirement benefits that our 
neighboring jurisdictions can provide. State governments and 
municipalities can fund pension and more generous retirement benefits 
by collecting various types of real estate, income, and sales and 
excise taxes on individuals and businesses. Indian tribes, on the other 
hand, have a very limited ability to collect taxes--particularly from 
non-Indian businesses--because of the so-called ``dual taxation'' 
problem where federal courts have generally allowed state and local 
governments to impose and collect taxes on non-Indians in Indian 
country, even where a tribal tax applies. For tribes to impose tribal 
taxes under these circumstances means that non-Indian businesses will 
simply not do business on tribal lands because of the dual system of 
taxation.
    The Tribe fully supports the Parity for Tribal Law Enforcement Act 
(H.R. 4524), a bipartisan bill introduced by Congressman Dan Newhouse 
that would allow tribal law enforcement officers to begin accruing the 
same retirement, injury, and death benefits that federal law 
enforcement officers currently enjoy. The Tribe has worked closely with 
the Department of the Interior on this bill and is confident that the 
bill will have a minimal impact on the federal budget. If enacted, H.R. 
4524 will provide Indian tribes nationwide with a critical tool in 
addressing their law enforcement recruitment and retention challenges. 
The Tribe encourages the Committee to move this bill quickly.

II. FENTANYL AND ENFORCEMENT GAPS IN STATE LAW HAVE PUT AN INCREASED 
     BURDEN ON TRIBAL LAW ENFORCEMENT IN WASHINGTON STATE

    In 2021, the Washington Supreme Court struck down Washington 
state's primary drug possession law as unconstitutional in a case 
called State v. Blake.\2\ The state law that was invalidated by that 
decision had made possession of controlled substances a felony.
---------------------------------------------------------------------------
    \2\ State v. Blake, 197 Wash.2d 170, 481 P.3d 521 (2021).
---------------------------------------------------------------------------
    The Washington State Legislature responded to the Blake decision by 
enacting a law that made drug possession, including hard drugs like 
fentanyl, a misdemeanor with a requirement that offenders be diverted 
to treatment in lieu of arrest for at least the first two arrests. The 
Legislature's response meant that, for practical purposes, law 
enforcement could not arrest individuals for possessing or using 
fentanyl or other hard drugs because the law enforcement agencies had 
no effective way of tracking whether a perpetrator had been offered 
services the requisite two times before an arrest was allowed.
    This year, the Washington State Legislature amended the law again 
to remove the mandatory diversion requirements, but possession and 
public use of fentanyl or other hard drugs are still only misdemeanors. 
Further, the new law ``encourages'' law enforcement officers to divert 
offenders for treatment in lieu of jailing them. The new law went into 
effect this past summer and widespread confusion still exists among law 
enforcement in the state about what to do with drug possession 
offenders.
    The state of Washington's evolving approach to drug possession has 
caused a ripple effect for tribal police departments, including the 
Tribe. Most arrests that the Tribe's officers make involve fentanyl 
possession. Fentanyl usage has surpassed heroin and methamphetamine 
usage on the Chehalis Reservation and in southwest Washington.
    While the Tribe's neighboring jurisdictions are unable to arrest 
for drug possession crimes due to lax state laws, the U.S. Attorney's 
Office has other challenges. Federal law enforcement priorities vary 
with administrations and the current federal prosecution priorities for 
our U.S. Attorney's Office are human trafficking, sex crimes, and 
financial crimes. For drug cases in Indian country, federal prosecutors 
in our area want to see airtight cases with large amounts of drugs. 
Those cases represent just a small fraction of the fentanyl cases in 
our area, which renders the federal law enforcement response 
essentially a non-factor for the Tribe's purposes. Given the realities 
of state and federal law enforcement in our area, Chehalis and other 
tribes are often in the difficult position of having to fend for 
ourselves.
    Indian tribes generally lack jurisdiction to prosecute non-Indians 
for violations of tribal law, including offenses related to drug 
possession and distribution. In 2013, Congress authorized Indian tribes 
to prosecute non-Indians for certain domestic violence offenses in 
Indian country and expanded that authority for related offenses when it 
reauthorized the Violence Against Women Act in 2022. Congress should 
consider providing similar authority for Indian tribes to arrest and 
prosecute non-Indians for possession and distribution of fentanyl and 
other hard drugs. Given the legal and political landscape in the state 
of Washington, this type of authority might be the only effective 
enforcement mechanism to get fentanyl-related perpetrators off the 
streets for tribes in our area.
    The Tribe is mindful that law enforcement is only part of the 
solution to the fentanyl problem. On December 14, 2023, the Tribe will 
host the grand opening of its Hope and Healing Clinic, a facility that 
will provide inpatient and outpatient treatment for substance abuse, 
including opioids. The Clinic will provide medication-assisted 
treatment and behavioral health therapy and will be the only facility 
of its kind in the surrounding area. For state and local governments, 
siting these types of facilities has proven difficult because of 
opposition from residents, neighbors, and citizen groups. Tribes, on 
the other hand, can expedite construction on tribal lands using tribal 
zoning laws and regulations, which is what the Tribe did.
    The Tribe also has a 38-foot mobile clinic that will be used to 
provide treatment at remote locations, as well as to transport patients 
to and from the Hope and Healing Clinic. The Tribe intends for the Hope 
and Healing Clinic to fill a critical void in our area by providing 
treatment options not only for the Tribe, but our non-Indian neighbors 
as well. Moving forward, the Tribe urges the Committee to ensure that 
Indian tribes are included in larger federal initiatives and 
legislation that provide resources to governments to arrest and 
prosecute fentanyl-related offenders and to provide treatment options.
    I thank the Committee for allowing me to provide testimony today 
and look forward to answering any questions.

                                 ______
                                 

    Questions Submitted for the Record to the Hon. Dustin Klatush, 
       Chairman, Confederated Tribes of the Chehalis Reservation

The Honorable Dustin Klatush did not submit responses to the Committee 
by the appropriate deadline for inclusion in the printed record.

            Questions Submitted by Representative Westerman

    Question 1. In your written testimony you mentioned the challenge 
to recruit and retain qualified law enforcement officers even with the 
Tribe's ability to provide equivalent salaries as neighboring 
jurisdictions.

    1a) Can you provide the Committee with statistics and/or anecdotes 
that illustrate this issue?

    1b) Are there law enforcement personnel that have informed you they 
would continue to work for the Tribe, but for the difference in 
benefits between the law enforcement agencies?

    Question 2. You highlighted in your testimony that Washington State 
has the lowest number of police officers per capita of any state in the 
United States.

    2a) How has the overall shortage impacted the Tribe's ability to 
recruit and retain tribal officers?

    2b) Do you believe that an overall opposition or antagonism towards 
law enforcement and police in general has contributed to this shortage?

    Question 3. In your testimony you mentioned the common situation of 
your Public Safety Department training new officers only to leave for 
other law enforcement agencies.

    3a) What has the financial cost been for the Tribe of this 
revolving door of training officers only to have them leave?

    Question 4. Please describe the factors that led the Tribe to open 
a treatment facility to provide addiction and behavioral health 
services. How will the opening of the treatment facility contribute to 
a long-term strategy to address drug use in tribal communities?

    Question 5. Can you provide further information on the complex 
jurisdiction issues the Tribe faces when working with local and state 
officials and agencies in the realm of narcotic related offenses?

    Question 6. How has your tribe supplemented resources and funding 
that BIA provides for public justice services in your communities? And 
are there other funds or resources you have leveraged in your 
communities?

    Question 7. What actions at a tribal, state, local, or federal 
level do you think can increase cooperation between law enforcement 
agencies? And what is your tribe doing to increase that capacity for 
your own tribal officers?

                                 ______
                                 

    Ms. Hageman. Thank you for your testimony.
    The Chair now recognizes the Honorable Lloyd Goggles for 5 
minutes.

STATEMENT OF THE HON. LLOYD GOGGLES, CHAIRMAN, ARAPAHO BUSINESS 
 COUNCIL, NORTH ARAPAHO TRIBE, ETHETE, WYOMING

    Mr. Goggles. Chairman Hageman, Ranking Member Leger 
Fernandez, members of the Subcommittee, thank you for inviting 
me to speak on this important issue of public safety. To inform 
you, I do have a speech impediment, so please bear with me.
    My name is Lloyd Goggles. I am an enrolled member of the 
Northern Arapaho Tribe. I was elected Chairman of the Business 
Council in 2022. I have approximately 15 years of experience in 
law enforcement. I am a former United States Marine, a Wyoming 
National Guardsman, tribal police officer, municipal police 
officer, and tribal judge.
    Accordingly, I have been exposed to law enforcement and 
public safety issues both inside and outside of the Tribe. 
Tribal law enforcement grapples with numerous obstacles but I 
believe a bright future is emerging. Today, I will talk about 
these challenges and opportunities for improvement in critical 
areas, including recruitment and retention of key personnel, 
jurisdiction, and other community issues.
    The Northern Arapaho and Eastern Shoshone Tribes are 
separate, sovereign, federally recognized tribes that occupy 
the same reservation. With no independent tribal police force, 
the tribes rely heavily on the efforts of the Bureau of Indian 
Affairs, BIA. BIA officers are helpful in patrolling and 
ensuring the public's safety, but they have their limits.
    To truly improve the public safety, the Tribe needs a 
strong tribal law enforcement agency to work with BIA and other 
law enforcement agencies. We do have three tribal fishing and 
game wardens, but they are tasked with the patrolling of the 
240 lakes, 1,100 miles of stream, and a total 2.2 million acres 
of tribal land. Realistically, a minimum of 12 officers are 
needed. Creating a tribal law enforcement agency and providing 
minimal staffing levels for officers at the Fish and Game 
Department requires innovative Federal funding solutions.
    Regarding jurisdiction, some of the areas on the 
reservation have a checkerboard jurisdiction which creates 
logistical inefficiencies and confusion. Sometimes officers are 
simply unsure of who to call. Consequently, the law goes 
unenforced. The better utilization of special law enforcement 
commission cards and cross-deputization can be a solution here. 
Confusion and lack of enforcement often results in non-members 
on the reservation who believe they do not need to follow 
tribal laws.
    This results in higher numbers of violations, everything 
from simple speeding to far more sinister crimes. For example, 
we have caught Federal agents poaching and people sneaking over 
to fish without a permit. The fines for such violations outside 
of tribal land would be severe but there is a view that you can 
get away with this behavior on tribal land.
    But this is a direct challenge to our sovereignty. We must 
have a system that respects both the rights of the people and 
the legitimacy of tribal law. Good public safety requires law 
enforcement to engage actively with the communities. Their 
increased presence during non-emergency times will build trust 
and create strong relationships. As of now, we see BIA officers 
only when their presence is required or requested.
    Lastly, I would be remiss if I did not mention economic 
conditions which can aggravate social pressures, including 
crime, and any solution to public safety requires addressing 
the harsh economic conditions on the reservation. Public safety 
on Native American land is a shared responsibility that 
transcends borders, cultures and backgrounds, logistical 
issues, and cultural differences. They present challenges for 
us.
    But the future holds promise. Progress requires community 
engagement, cultural awareness, and collaboration. At an early 
age, the elders in my community inspired me to serve. Since 
then, I have always been a public servant. I am inspired to see 
that light in the next generation in my son's eyes and the eyes 
of other young people like him.
    Thank you and I look forward to your questions.

    [The prepared statement of Mr. Goggles follows:]
 Prepared Statement of Lloyd Goggles, Chairman of the Northern Arapaho 
                            Business Council

I. Introduction

    Chairwoman Hageman, Ranking Member Leger Fernandez, members of the 
Subcommittee, thank you for inviting me to speak on behalf of the 
Northern Arapaho Tribe about this very important issue.
    My name is Lloyd Goggles. I am an enrolled member of the Northern 
Arapaho Tribe from the Wind River Reservation. I was elected Chairman 
of the Business Council in 2022.
    I have approximately 15 years of experience in law enforcement. I 
am a former United States Marine, a Wyoming National Guardsman, Tribal 
police officer, municipal police officer, and a Tribal judge. 
Accordingly, I have been exposed to law enforcement and public safety 
issues both inside and outside of the Tribe.
    The Wind River Reservation is shared between the Northern Arapaho 
and Eastern Shoshone people. We have approximately 10,600 enrolled 
Northern Arapaho members, most who live on the reservation. 
Additionally, there are also about 3,500 enrolled Shoshone people. In 
addition to the members that occupy the land, we also have non-members 
who live on the Wind River Reservation.
    As Chairman of the Business Council, I view public safety as 
paramount to the wellness of our people.
    There is no doubt that Tribal law enforcement grapples with 
numerous obstacles, from limited resources to jurisdictional issues, 
that directly impact public safety. We have issues with funding, with 
drugs, with disgruntled residents, and with non-members who do not 
respect Tribal laws and the Tribe's jurisdiction. Many of these issues 
are exacerbated by a lack of cultural knowledge by non-members.
    And yet, even with these hurdles, I believe a bright future is 
emerging and that there are several opportunities for improvement. 
Moving forward, we should prioritize law enforcement's community 
engagement, cultural awareness, and increased collaboration between 
agencies at the federal, state, municipal, and tribal levels.
    And that is what I will talk about today--both the challenges and 
the opportunities for improvement in critical areas relating to public 
safety, including (1) recruitment and retention, (2) jurisdiction, and 
(3) other community issues.

II. Recruitment and Retention
a. Law Enforcement

    Neither the Northern Arapaho Tribe nor the Wind River Reservation 
have an independent Tribal police force. Instead, we rely heavily on 
the coordinated efforts of the Bureau of Indian Affairs (BIA) Wind 
River Agency and their police force. The BIA has approximately 32 
officers dedicated to the region and function as our primary law 
enforcement agency.
    BIA officers are helpful in patrolling and ensuring the public's 
safety, but they have their limits. To truly encourage improvements to 
public safety, the Tribe needs a strong Tribal law enforcement agency 
to work with BIA and other law enforcement departments.
    We do have the Tribal Fish and Game Department, which is a Tribal 
government entity. However, the Fish and Game force is severely 
understaffed. There are only three officers in the department. These 
individuals are responsible for patrolling and monitoring roughly 2.2 
million acres of reservation land. To patrol adequately, the Fish and 
Game force needs at least 12 officers.
    This recruitment effort requires increased funding, so that we can 
hire and train officers. However, funding has been a major hurdle for 
the Tribe in the past. Formerly, we had the Tribal Highway Safety 
patrol and a Drug Liaison position, but both have been eliminated due 
to a lack of funding. Those positions were important and helped fill 
the gaps left by BIA. The loss of these positions means we are unable 
cover integral components of regular law enforcement.
b. Tribal Judges and Prosecutors

    The judicial and legal systems also play a vital role in public 
safety by ensuring the fair and equitable administration of justice. 
Every day, our Tribal judges make critical decisions on cases involving 
criminal offenses that impact the lives of our residents. So, it is 
necessary that we have enough trained judges to carry out these duties. 
Likewise, quality prosecutors are needed to ensure public safety--they 
play an important role in ensuring fair outcomes, and tribal 
prosecutors are also uniquely situated in understanding both the law of 
the Tribe as well as the Tribe's tradition and customs.
    Right now, we have four tribal judges: a chief judge and three 
associate judges. We have one tribal prosecutor. In a recent BIA 
report, all of the judges were deemed to be unqualified. Likewise, our 
prosecutor is talented and does the best she can, but needs more 
structural support to succeed.
    Much of the problem here stems from simple economics. Tribal judges 
make far less than they would in other markets. They receive no 
retirement or health benefits. Their advanced degrees are highly sought 
after, and the Tribe is unable to meet their economic needs. The Tribe 
needs to be able to compete economically to attract, train, and retain 
that talent.

III. Jurisdictional Challenges

    Generally, we have a good working relationship with all law 
enforcement entities, whether it be federal, state, county, or 
municipal government bodies. But there are areas where we can increase 
collaboration and simplify jurisdictional processes in a way that 
provides for more efficient use of resources.
    Some of the areas on the reservation have ``checkerboard'' 
jurisdiction, which present challenges by way of logistical 
inefficiencies and confusion.
    Sometimes officers are simply unsure who to call. This can 
frustrate officers, who often do not have the time or capacity to 
figure out jurisdictional confusions. Consequently, sometimes the law 
goes unenforced. To prevent this, BIA officers should continue to work 
closely with tribal law enforcement, tribal leaders, and other relevant 
agencies to coordinate efforts. Some options to improve this issue 
include better utilization of Special Law Enforcement Commission cards 
and cross deputization.
    The confusion and lack of enforcement results in some non-members 
on the reservation having a lack of respect for the rule of law. These 
non-members believe they do not need to follow the laws set by our 
Tribal government bodies. This results in higher numbers of 
violations--everything from simple speeding to far more sinister crimes 
within our community.
    This is a direct challenge to our sovereignty as a Tribe that we 
cannot tolerate. We must have a system that respects both the rights of 
the people, whether members or non-members, as well as the legitimacy 
of law at all levels of government, including the Tribe.

IV. Community Solutions

    In addition to improvements with recruitment and jurisdiction, 
there are also opportunities for progress in community policing and 
providing more economic opportunities to residents.
    Public safety requires law enforcement to interact with and 
understand the people being served. BIA officers should engage actively 
with tribal communities to build trust and create strong relationships. 
Their increased presence in the community during non-emergency times 
will improve circumstances for everyone during times of need. As of 
now, we see BIA officers only when their presence is requested. This 
was not always the case. I remember a time when the presence of BIA 
officers was more visible and regular; we should return to that model.
    I also suggest that all BIA personnel receive more training on the 
specific cultural, historical, and social aspects of the tribes they 
serve. Understanding these aspects will help officers work more 
effectively and engender greater trust and understanding by both sides.
    Lastly, I must also mention economic conditions on the reservation, 
something I work on every day to help address. Poor economic conditions 
can aggravate social pressures; this includes crime. Sadly, some tribal 
members suffer under poor economic conditions, exacerbated by a lack of 
opportunity. Distressed people sometimes act in a distressed manner. 
The harder we work to address economic conditions on the reservation 
and among tribal members generally, the fewer problems we will face, 
socially and criminally. To accomplish this, we must make sure that 
federal government institutions are fulfilling their responsibilities 
and economic opportunities exist to help uplift tribal members.

V. Conclusion

    Public safety on Native American land is a shared responsibility 
that transcends borders, cultures, and backgrounds. We must work 
together to ensure a safer and more just community for everyone.
    Throughout my life and career, I have viewed this problem from many 
angles. At an early age, the elders from my community inspired me to 
serve. Since then, I have always been a public servant and aspired to 
have a good rapport with the people I served. I remember a time when 
there was a more collaborative working relationships between various 
law enforcement agencies, when there was more enthusiasm about serving 
the communities, and when law enforcement was viewed in a more positive 
light.
    Logistical issues and cultural differences do present challenges 
for us. But the future still holds promise, and we can make progress 
towards a safer and more prosperous future so long as we continue to 
focus on community engagement, cultural awareness, and collaboration 
between all parties.
    Thank you. I look forward to answering your questions and working 
with you in the future.

                                 ______
                                 

Questions Submitted for the Record to the Hon. Lloyd Goggles, Chairman, 
            Arapaho Business Council, Northern Arapaho Tribe
            Questions Submitted by Representative Westerman
    Question 1. At the hearing you were able to explain further about 
how fentanyl and other illicit narcotics have had a detrimental impact 
at Wind River Reservation.

    1a) Please provide any further information that you think the 
Committee should know about this issue for the reservation.

    Answer. The pervasive presence of fentanyl remains a significant 
concern within the reservation. The effects are detrimental. 
Tragically, lives have been lost and severe disruption within families 
has been experienced due to fentanyl and other substances. The 
escalating prevalence not only further restricts our already 
constrained resources for public safety and public health, but also 
demoralizes our people. Thus, it is imperative that we remain committed 
to limiting and ultimately eliminating the presence of illegal fentanyl 
on the reservation. The Drug Liaison position would help with this 
issue.

    1b) If the tribe(s) were able to support a Drug Liaison position, 
how would that impact the ongoing illicit drug crisis on the Wind River 
Reservation?

    Answer. Establishing a Drug Liaison position would aid tribal law 
enforcement in prioritizing the monitoring and enforcing of drug 
control laws within our community. Presently, the absence of dedicated 
personnel focused on drug control hinders our visibility into these 
critical issues.
    For instance, consider the frequent occurrence of non-drug 
violations on the reservation, such as trespass. Addressing these 
incidents demands significant resources and leads to the diversion of 
focus and funding away from drug-related law enforcement efforts. This 
designated position would help change the current dynamic and 
facilitate the proactive implementation of a systematic approach for 
gathering intelligence and investigating both known and potential drug-
related offenses.
    Moreover, the appointment of a liaison officer would enhance the 
relationship with the Bureau of Indian Affairs (BIA) and other law 
enforcement agencies. The Drug Liaison could function as a central 
point of contact for drug-related infractions, providing valuable 
insights into the cultural and communal aspects intertwined with drug 
control issues. This proactive engagement empowers the tribe to assume 
a leading role in overseeing and upholding drug laws within the 
reservation, an assertion of greater sovereignty.
    While reinstating the Drug Liaison position would be a step in the 
right direction, it must also be noted that there would still be more 
to do. Ultimately, drug enforcement is a communal effort. Tackling 
illicit drug issues requires strong and organized law enforcement, 
broadly. No one position will be the solution.

    Question 2. Your testimony discussed community solutions that 
included a return to BIA officers being more regular and visible on the 
reservation and establishing further training for BIA personnel on the 
culture and history of the tribes they serve.

    2a) What impact would an increased, and visible police force have 
on the Wind River Reservation and what would that practically look like 
in day-to-day actions on the reservation?

    Answer. Based on the most recent data available to us, BIA 
currently has 22 officers stationed to the Wind River Reservation. We 
also understand the agency is looking to fill four more positions, a 
total of 26 officers. However, the existing approach concerning the 
territorial assignments of BIA officers have led to notable challenges.
    First, the deployment of 22 officers falls short in effectively 
monitoring our expansive community. Tasked with surveilling a 
reservation spanning across 2.2 million acres, or 3,532 square miles, 
BIA officers struggle tremendously with triaging their forces to 
address the most urgent matters. More personnel are imperative to meet 
the needs of our community.
    Second, even when fully staffed, the BIA often reassigns officers 
to other areas once capacity is met in our region. This is due to the 
agency-wide shortage. Consequently, officers frequently spend only 
limited time here before being transferred elsewhere. This practice 
significantly complicates the rapport between BIA officers and our 
community. The transient nature of officer tenure inhibits the 
establishment of substantial, enduring relationships and a deep 
understanding of the community's needs.
    An increase in officers, enough officers to be present in the 
community more continuously, would change the current dynamic. This 
change means more and improved long-standing relationships with Tribal 
law enforcement, more and improved long-standing relationships with the 
Tribal governments, increased casual interactions with the Northern 
Arapaho people, officer presence in schools, shops, and on street 
corners. The change also means community members having day-to-day 
interactions with BIA, rather than only interacting with them when 
there is an emergency or a problem. This approach encourages harmony 
and creates familiarity.

    2b) How can the tribe assist the Bureau of Indian Affairs in 
providing increased cultural training regimen for officers?

    Answer. This is a land of mixed cultures, and it is imperative that 
we foster mutual understanding. The Northern Arapaho people, of course, 
possess deep expertise in our cultural heritage, and welcome all that 
want to learn and understand more. We stand ready to contribute by 
offering valuable cultural sensitivity training sessions.
    Indeed, our tribe has supported Northern Arapaho participation in 
cultural training before. However, while we have previously offered to 
conduct training, some former BIA chiefs have declined our offer. This 
training ought to be mandatory, rather than optional. Officers and 
agencies having adequate familiarity with the communities they serve is 
too important to be discretionary.
    To that end, I suggest a Tribal component of Wind River Cares. 
Previously, Wind River Cares was slated to conduct a cultural 
competency training for local police jurisdictions. Regrettably, this 
training did not come to fruition.
    The Wind River Cares training, and others like it, could help 
federal, state, and local law enforcement in the following ways: (1) by 
creating shared understanding of the cultural nuances, traditions, and 
customs of the community; (2) participating in the training led by 
tribal members helps build trust and familiarity from the very 
beginning of service; (3) it potentially increases the effectiveness of 
communication because of the shared understanding and deliberate 
relationship building; and (4) it will help reduce any biases, 
stereotypes, and preconceived notions about the tribe.

    Question 3. How has your tribe supplemented resources and funding 
that BIA provides for public justice services in your communities? And 
are there other funds or resources you've leveraged in your 
communities?

    Answer. BIA plays a pivotal role in delivering direct services 
through officer support within our tribal community. Accordingly, any 
tribal supplement related to public safety or public justice provided 
by the Northern Arapaho is typically in the form of private security 
arrangements facilitated by the tribe itself. For instance, the tribe 
regularly engages private security services to ensure enhanced safety 
and orderliness during significant public gatherings such as Tribal 
Council assemblies.
    Moreover, the tribe regularly employs private security personnel to 
oversee and safeguard large-scale public cultural events, such as the 
revered Sun Dance ceremony. The utilization of private security 
personnel during these occasions serves multiple purposes, including 
crowd management, ensuring the sanctity and security of cultural 
practices, and upholding the overall safety and well-being of 
attendees.

    Question 4. What actions at a tribal, state, local, or federal 
level do you think can increase cooperation between law enforcement 
agencies? And what is your tribe doing to increase that capacity for 
the BIA officers for your reservation?

    Answer. There are several actions that can be taken to increase 
cooperation between law enforcement agencies. For instance, many of the 
above-mentioned suggestions, including more BIA officers deployed to 
the Wind River Reservation, a more robust tribal police force presence, 
and better cultural understanding between officers and tribes, would 
all encourage increased cooperation between agencies. Additionally, 
there are two other measures that would be of benefit and encourage 
cooperation: (1) seamless cross deputization for tribal law enforcement 
officers and (2) well defined exterior boundaries of the reservation.
    As the subcommittee is aware, cross deputization for tribal law 
enforcement necessitates cooperation between agencies and empowers 
tribal law enforcement departments. It can provide for better 
communication and collaboration by hosting joint trainings, sharing 
resources, and coordinating responses to criminal activities or 
emergencies. The state legislature has previously put forward bills to 
address cross-deputization, and the Northern Arapaho Tribe supports 
these bills. However, we have a shared reservation and need the support 
of our tribal counterparts.
    Additionally, defining exterior boundaries of the reservation also 
helps with coordination and collaboration. Well defined demarcation of 
the reservation's boundaries helps law enforcement departments 
understand their respective jurisdictions. This reduces confusion, in 
turn encouraging better communication and cooperation.

                                 ______
                                 

    Ms. Hageman. Thank you.
    The Chair now recognizes Mr. Jonodev Chaudhuri for 5 minutes.   

           STATEMENT OF JONODEV CHAUDHURI, AMBASSADOR, 
            MUSCOGEE CREEK NATION, OKMULGEE, OKLAHOMA 

    Mr. Chaudhuri. Hello. [Speaking Native language], Madam 
Chairman, Ranking Member, and members of the Subcommittee. 
[Speaking Native language] for the opportunity to testify.
    My name is Jonodev Osceola Chaudhuri, and I am proud to 
serve as Ambassador of the Muscogee Creek Nation, the fourth 
largest tribe in the United States. As one of the first Tribal 
Nations to implement the jurisdiction restored through the 
bipartisan 2013 Violence Against Women Act Reauthorization, the 
issue of public safety is critical to my Nation. We thank this 
Subcommittee for its leadership in the most recent 
reauthorization of VAWA in 2022.
    Thanks to VAWA 2022, we can prosecute anyone who assaults 
tribal law enforcement or abuses a child. No sovereign has a 
more significant interest in protecting Muscogee children than 
our Muscogee Nation, and the restoration of this inherent 
authority through VAWA has already enabled our law enforcement, 
our Attorney General, and our entire Nation to better protect 
our children.
    In 2020, the Supreme Court affirmed the continued existence 
of our reservation borders. From 2020 to 2022, the Muscogee 
Nation has more than doubled our Lighthorse Police budget. We 
hired 20 new police officers, 10 investigators, 2 sexual 
offender registration officers, and 6 dispatchers. We also have 
been working hard to collaborate with our Federal and state 
partners to ensure the safety and protection of all who live 
within our borders, Indian and non-Indian alike.
    The Nation presently has 64 cross-deputization agreements 
in place, including with the city of Tulsa. From July 2020 to 
April 2022, the Nation referred approximately 4,162 criminal 
matters to non-Indian governments. And, likewise, we have 
received 4,136 referrals from non-Indian governments. By all 
accounts, the court's decision in McGirt has resulted in 
increased safety for those who live, work, or visit the 
Muscogee Reservation.
    But as the Subcommittee has recognized, our tribal law 
officers, who put their lives on the line to secure this 
safety, are not afforded the same compensation, benefits, and/
or protections that their Federal colleagues receive. This has 
made it all the more challenging to recruit and retain officers 
to work for our Lighthorse law enforcement.
    The legislation being proposed today, if passed into law, 
would take critical steps necessary to ensure better parity 
between the Federal officers and tribal officers. For instance, 
as others have pointed out, even when tribes use Federal 638 
dollars to fund their own tribal law enforcement, tribal law 
officers are not eligible for the same retirement benefits as 
their Federal counterparts.
    Maintaining strong, reliable law enforcement agencies on 
tribal lands is critical to ensuring public safety throughout 
Indian Country. This is especially true as we attempt to 
address the crisis of murdered and missing Indigenous women and 
girls. All too often when our women and girls are murdered or 
go missing, no one investigates.
    The reason our women and children are more likely to be 
murdered, assaulted, and victimized than any other population 
in the United States is because the inherent right of our own 
governments to protect our own citizens living within our 
borders has been artificially limited and restrained by the 
Supreme Court's 1978 decision, Oliphant v. Suquamish Tribes.
    Recently, my Nation along with many other Nations and 
national tribal organizations, such as the National Indigenous 
Women's Resource Center and others, put forward a legislative 
proposal to address the public safety crisis in Indian Country. 
This proposal was passed through a resolution by the National 
Congress of the American Indians in November 2022. I have 
attached NCAI Resolution 22-43 to my written testimony 
submitted herein.
    Briefly, the proposal focuses on fully restoring the 
jurisdiction of Tribal Nations to protect anyone and everyone 
within our borders. I should emphasize that restoration is 
voluntary, and it is up to any given Tribal Nation the extent 
to which they want to adopt it.
    We hear time and time again that one of the most 
demoralizing aspects of serving as a tribal law enforcement 
officer is witnessing horrific, violent crimes committed 
against your family and community and knowing that you cannot 
arrest, investigate, or prosecute the person harming those who 
are you are supposed to protect because the right to do that 
has been taken away.
    Our law officers have the ability, experience, dedication, 
and integrity necessary to keep our communities safe. Today, in 
2023, there is no reason to treat them as inferior or less 
adequate when compared to state or Federal law enforcement 
officers. Today's proposed legislation takes an important step 
in the right direction. But truly we will not have public 
safety in Indian Country until our right to protect ourselves 
is fully restored.
    We find ourselves at a historic crossroad. On one hand, the 
Supreme Court has recently affirmed Congress' exclusive 
authority over Indian affairs, including issues related to 
public safety. At the same time, there are members of the court 
who have recently signaled they would be happy to subjugate 
tribal sovereignty and our Nation's placement in the United 
States Constitution to new judicially-crafted doctrines. We 
need Congress to remain active and engaged in administering its 
authority over Indian affairs.
    Thank you again for the opportunity to speak with you 
today.
    [Speaking Native language.]

    [The prepared statement of Mr. Chaudhuri follows:]
 Prepared Statement of Jonodev Chaudhuri, Ambassador for the Muscogee 
                             (Creek) Nation

    Mr. Chairman and members of the subcommittee, thank you for the 
opportunity to testify. My name is Jonodev Osceola Chaudhuri, and I am 
proud to serve as Ambassador of the Muscogee (Creek) Nation, the fourth 
largest tribe in the United States.
    The issue of public safety is critical to my Nation. At Muscogee 
Nation, we are aware that Native women and children are more likely to 
be victimized by violent crimes than any other population in the United 
States, and we are committed to addressing this crisis of violence.
    As one of the first tribal nations to implement the jurisdiction 
restored through the bi-partisan 2013 Violence Against Women Act re-
authorization, we have dedicated countless resources to prosecuting 
crimes committed against our women and children within our reservation 
borders. We thank this subcommittee for its leadership in the more 
recent re-authorization of VAWA in 2022, when Congress restored tribal 
criminal jurisdiction over several categories of non-Indian crimes, 
including child abuse and assault on tribal law enforcement. Thanks to 
the leadership of this subcommittee, and the bi-partisan efforts in 
both the House and the Senate, our Nation can now prosecute anyone, 
Indian or non-Indian, who assaults law enforcement personnel when they 
respond to a call for help. Thanks to VAWA 2022, we can also prosecute 
anyone who abuses a child.
    No sovereign has a more significant interest in protecting Muscogee 
children than our Muscogee Nation, and the restoration of this inherent 
authority through VAWA has already enabled our law enforcement, our 
Attorney General, and our entire Nation to better protect our children. 
Our children are sacred. They are our future. And it is our inherent 
right to protect them.
    In 2020, the Supreme Court affirmed the continued existence of our 
reservation borders. This ruling not only affirmed our inherent 
sovereign authority over our reservation lands, it also confirmed that 
Oklahoma had been illegally exercising jurisdiction it never had. One 
result of the Court's decision in McGirt was that our Nation had to 
increase the amount of resources we dedicate to public safety. And we 
have.
    From 2020 to 2022, the Muscogee Nation more than doubled our 
Lighthorse police budget. We hired twenty new police officers, ten 
investigators, two Sexual Offender Registration officers, and six 
dispatchers.
    We also have been working hard to collaborate with our federal and 
state partners to ensure the safety and protection of all who live 
within our borders, Indian and non-Indian alike. The Nation presently 
has 64 cross-deputization agreements in place, including with the City 
of Tulsa. From July 2020 to April 2022, the Nation referred 
approximately 4,162 criminal matters to non-Indian governments, and has 
received 4,136 referrals from non-Indian governments.
    By all accounts, the Court's decision in McGirt has resulted in 
increased safety for those who live, work, or visit the Muscogee 
Reservation. But, as this Subcommittee has recognized, our tribal law 
officers--who put their lives on the line to secure this safety--are 
not afforded the same compensation, benefits, and/or protections that 
their federal colleagues receive. This has made it all the more 
challenging to recruit and retain officers to work for our Lighthorse 
law enforcement.
    The legislation being proposed today, if passed into law, would 
take critical steps necessary to ensure better parity between the 
federal officers and tribal officers who have taken on the important 
duty of protecting the lives of all who live and work within the 
borders of tribal communities and throughout Indian country lands. For 
instance, as others have pointed out, even when tribes use federal 638 
dollars to fund their own tribal law enforcement, tribal law officers 
are not eligible for the same retirement benefits as their federal 
counterparts.
    Maintaining strong, reliable, law enforcement agencies on tribal 
lands is critical to ensuring public safety throughout Indian country. 
This is especially true as we attempt to address the crisis of Murdered 
and Missing Indigenous Women and Girls. All too often, when our women 
and girls are murdered or go missing, no one investigates.
    This failure to investigate, however, is the consequence of a 
federal failure that extends far beyond failure to recruit, train, or 
retain tribal law officers. The reason our women and children are more 
likely to be murdered, assaulted, and victimized than any other 
population in the United States is because the inherent right of our 
own governments to protect our citizens living within our borders has 
been artificially limited and restrained by the Supreme Court's 1978 
decision in Oliphant v. Suquamish Indian Tribe.
    Recently, my Nation, along with many other nations and national 
tribal organizations such as the National Indigenous Women's Resource 
Center and others have put forward a legislative proposal to address 
the public safety crisis in Indian country. This proposal was passed 
through a resolution by the National Congress of the American Indians 
in November 2022. I have attached Resolution SAC-022-043 to my written 
testimony submitted herein. Briefly, the proposal focuses on fully 
restoring the jurisdiction of tribal nations to protect anyone and 
everyone within our borders.
    One of the most demoralizing aspects of serving as a tribal law 
officer is witnessing horrific, violent crimes committed against your 
family and community and knowing that you cannot arrest, investigate, 
or prosecute the person harming those you are supposed to protect 
because the right to do that has been taken away. Our law officers have 
the ability, experience, dedication and integrity necessary to keep our 
communities safe. Today, in 2023, there is no reason to treat them as 
inferior or less adequate when compared to state or federal law 
officers. Today's proposed legislation takes an important step in the 
right direction. But truly, we will not have public safety in Indian 
country until our right to protect ourselves is fully restored.
    Truly, we find ourselves at a historic crossroads. On one hand, the 
Supreme Court has recently affirmed Congress's exclusive authority over 
Indian affairs, including issues related to public safety. At the same 
time, there are members of the Court who have recently signaled they 
would be happy to subjugate tribal sovereignty and our Nations' role in 
shaping and placement in the United States Constitution to newfound, 
unfounded judicially crafted doctrines. We need Congress to remain 
active and engaged in administering its authority over Indian affairs.
    Thank you again for the opportunity to be with you today.

                                 ______
                                 

    Ms. Hageman. Thank you.
    And the Chair now recognizes Mr. Chris Sutter for 5 
minutes.

       STATEMENT OF CHRIS SUTTER, POLICE CHIEF, TULALIP  
                 TRIBES, TULALIP, WASHINGTON 

    Mr. Sutter. Good afternoon, Chairwoman Hageman, Ranking 
Member Fernandez, and members of the Committee. My name is 
Chris Sutter, Chief of Police for the Tulalip Tribes. On behalf 
of Tulalip Chairwoman Teri Gobin, we thank you for this 
opportunity to testify on public safety in Indian Country.
    The Tulalip Indian Reservation is 22,000 acres located just 
35 miles north of Seattle. Three miles of the Interstate 5 
corridor was built within the Reservation's eastern border. 
This, in addition to 10,000 non-Indian residents who live on 
the reservation, due to the history of allotments, has created 
the perfect storm for serious felony crimes on our tribal 
lands.
    The Tulalip police department is a full-service police 
agency providing 24/7 service to our tribal community, the non-
Indian community, and the thousands of visitors who enter the 
Tulalip Reservation each day. Our officers enforce tribal laws, 
state laws, and refer some of our most serious cases to the 
U.S. Attorney for Federal prosecution. We have 59 officer 
positions that we struggle to fulfill and maintain. Our police 
officers hold Washington State peace officer certifications, 
giving them the authority to arrest and cite non-Indians under 
state law directly into state courts for prosecution.
    The Tulalip Tribes has been a leader in many areas relating 
to public safety and law enforcement in Indian County. And 
while we continue to have many successes, the disparities as a 
sovereign is putting more strain than ever on our ability to 
protect and serve.
    We struggle with officer retention. In recent years, we 
have lost approximately 50 percent of our officer workforce due 
to recruitment by local law enforcement agencies. We invest 
almost a year with our new hires between pre-academy training, 
Federal law enforcement training, field training, and finally, 
a 2-week Washington State equivalency academy to become state 
certified. With this extensive training and certification, our 
officers become highly sought after and recruited by outside 
agencies with attractive salary and retirement benefits.
    H.R. 4524, the Parity for Tribal Law Enforcement Act, 
currently pending in Congress, authorizes tribal law 
enforcement officers to opt into the Federal officer pension 
and retirement benefits plan, extending tribal officers those 
same benefits that Federal officers receive. We need this 
legislation to recruit and retain tribal officers.
    We also continue to face jurisdictional challenges. Tribal 
court search warrants are often denied or ignored because 
Federal law does not recognize tribal courts as a court of 
competent jurisdiction for purposes of requiring disclosure 
under the Electronic Stored Communications Act from service 
providers, such as Facebook. A Federal fix is needed to help us 
apprehend violent offenders.
    We also face extreme external pressures from drug 
trafficking organizations. The opioid fentanyl epidemic has not 
spared Indian Country. Tulalip has had over 60 tribal member 
deaths attributed to fentanyl overdoses since 2017. Our 
leadership has recently declared an opioid state of emergency.
    In search for solutions, Tulalip recently hosted a national 
tribal fentanyl summit that was attended by over 1,200 
representatives of federally recognized tribes, Federal and 
state agencies, and Members of Congress to discuss and share 
strategies to help counter the disproportionate impacts of 
fentanyl in our tribal communities.
    To help combat this, a Federal fix is needed to expand 
tribal special jurisdiction over non-Indians who deliver and 
distribute controlled substances such as fentanyl on our 
reservations. The U.S. Attorney's Office only accepts a small 
fraction of our drug trafficking cases due to their own limited 
resources. As chief of police, I feel we have been left to 
battle against a wave of illegal narcotics without adequate 
support from our Federal partners.
    To help address these issues, we asked Congress to support 
tribal law enforcement parity efforts such as H.R. 4524, 
further extending criminal jurisdiction over non-Indians and 
extending full recognition of tribal search warrants.
    And in closing, I would like to say criminals who prey upon 
the vulnerable know no boundaries. They freely enter tribal 
lands, commit serious crimes, and flee the reservation often 
escaping justice because of the inequalities in Federal law.
    Again, thank you for this opportunity to allow us to 
testify today, and I will welcome any questions from the 
Committee.

    [The prepared statement of Mr. Sutter follows:]
  Prepared Statement of Chris Sutter, Chief of Police, Tulalip Tribes
                           Police Department

Opportunities and Challenges for Improving Public Safety in Tribal 
        Communities

    Good afternoon, Chair Hageman, Ranking Member Fernandez, and 
members of the Committee. My name is Chris Sutter, Chief of Police for 
the Tulalip Tribes Police Department. On behalf of Tulalip Chairwoman 
Teri Gobin, we thank you for this opportunity to testify today on 
public safety in Indian country.
    The Tulalip Tribes is the successor in interest to the Snohomish, 
Snoqualmie, and Skykomish people and allied bands signatory to the 
Treaty of Point Elliott of 1855. In the treaty, our ancestors reserved 
our inherent rights to sovereignty and self-determination as well as 
our inherent rights to fish at usual and accustomed grounds and 
stations and to hunt and gather upon all open and unclaimed land. The 
United States holds a trust responsibility to protect the Tribe's 
rights and interests as reserved in the treaty. The Tulalip membership 
continues to exercise these rights today. We are a fishing people. 
Fishing sustains us culturally and economically as it has since time 
immemorial.
    The Tulalip community is located on a 22,000-acre Reservation 
bordering the Interstate 5 corridor, just 35 miles north of Seattle. 
The Tulalip Tribes membership consist of 5246 members. 40 percent of 
the Tulalip Indian reservation is in non-Indian fee status due to the 
history of allotments and over 10,000 non-Indian residents live on the 
reservation. The geographic location of the Tulalip Indian reservation, 
the non-Indian resident count, and the tribal economic development 
created by Tulalip drawing thousands of daily visitors has created the 
perfect storm for serious felony crimes on the reservation.
    The Tulalip Tribal Police Department is a full-service police 
agency providing 24/7 service to our tribal and non-Indian tribal 
community, in addition to the thousands of visitors that enter the 
Tulalip reservation each day. Our officers enforce Tribal Laws, State 
Laws, and refer some of our most serious cases to the US Attorney's 
Office for Federal Prosecution. We have 59 commissioned law officers 
with Washington State Peace Officer certifications--giving our officers 
the authority to arrest and cite non-Indians under state law directly 
into state courts for prosecution. We have our own Drug Task Force, a 
Community Response Team, a Sex Offender Registration Unit, a Victims of 
Crime Services Coordinator, and a Dedicated Missing and Murdered 
Indigenous Women Task Force, in addition to a Fish and Wildlife 
division.
    The Tulalip Tribes has been a leader in many areas relating to 
public safety and law enforcement in Indian County, and we continue to 
have many successes. But the ongoing disparities we face as a sovereign 
causes extreme strain on our ability to protect the people in our 
community.
    Despite the robust nature of the Tulalip Police Department 
operations, we struggle with officer retention. In recent years, we 
have lost 50 percent of our officer workforce due to recruitment by 
state and local law enforcement agencies, putting extreme strain on our 
agency.
    The Tulalip Police Department competes for the same qualified 
candidates other law enforcement agencies in our state. We invest a 
significant amount of training, time, and energy into new hires. This 
includes pre-academy training, Federal Law Enforcement Training at the 
BIA Indian Police Academy, post-academy training with our department, a 
four-month field training program, and finally, a two-week Washington 
State equivalency academy to become state certified. It takes officers 
nearly a full year to complete the training and certifications required 
for a new hire to operate as a solo police officer. However, with this 
extensive training and certification, our officers become highly sought 
after and recruited by outside agencies with attractive salaries and 
retirement benefits.
    Tulalip is not the only tribal community with this challenge. I 
serve on the IACP Indian Country Section Committee, and at a recent 
meeting with Tribal Chiefs of Police from across the Country, the 
Committee identified recruitment, hiring, and retention of officers as 
one our biggest challenges, directly impacting tribes' ability to 
address law enforcement needs.
    H.R. 8387, the Parity for Tribal Law Enforcement Act, currently 
pending in Congress authorizes tribal law enforcement officers to opt 
into the federal officer pension and retirement benefits plan, 
extending tribal officers those same benefits that federal officers 
receive. We need this legislation passed to increase our ability to 
retain trained and skilled police officers, which will help us provide 
public safety for both tribal and non-Indian persons in our community.
    We also continue to face jurisdictional challenges. Tribal court 
search warrants are often denied or ignored because federal law does 
not recognize tribal courts as a ``court of competent jurisdiction'' 
for purposes of requiring disclosure under the Electronic Stored 
Communications Act. This is especially harmful where tribal court 
search warrants are not recognized by off-reservation service providers 
such as Facebook, preventing tribal law enforcement from obtaining 
digital electronic evidence. A federal fix that recognizes tribal 
courts as courts of competent jurisdiction under the Act is needed. 
Without this, violent offenders escape apprehension and victims do not 
receive justice.
    The Opioid Fentanyl Epidemic is also placing extreme external 
pressure on our police department and the tribal community. Tulalip has 
had over 60 tribal member deaths attributed to Fentanyl overdoses since 
2018. Tulalip Tribal Leadership has declared an opioid state of 
emergency. In a search for solutions, the Tulalip Tribes recently 
hosted a national tribal fentanyl summit. This summit was attended by 
over 1,200 representatives of tribes, federal and state agencies, and 
members of Congress, where we discussed and shared strategies for 
helping Indian Country counter the disproportionate impact caused by 
the Fentanyl epidemic.
    The fentanyl epidemic highlights the need for H.R. 8387. The 
recognition of tribal court warrants under the Electronic 
Communications Act for drug trafficking offenses would aid law 
enforcement in countering drug dealers who take advantage of the 
jurisdictional deficiencies on Indian reservations such as Tulalip.
    This epidemic also highlights the need to expand special criminal 
jurisdiction to Indian tribes over non-Indians who manufacture or 
deliver controlled substances such as Fentanyl within reservation 
boundaries. The US Attorney's Office only accepts a small fraction of 
our drug trafficking cases. The FBI has told us they have limited 
staffing resources for assistance on felony drug trafficking activity 
on the Tulalip Reservation. As the Chief of Police, I feel that our 
Tribal Police Department has been left to battle against a wave of 
illegal narcotics and the Fentanyl crisis without adequate support from 
our federal partners. We need more support, legal tools, and funding to 
investigate, prosecute and incarcerate the perpetrators of these deadly 
criminal narcotics organizations.
    We need Congress to support tribal law enforcement reform and 
parity for our police officers and tribal courts, further extend 
criminal jurisdiction over non-Indians, and increase funding. Criminals 
who prey upon the vulnerable know no boundaries. They freely enter 
tribal lands, commit serious crimes, and flee the reservation escaping 
justice because of the inequalities in federal law.

                                 ______
                                 

 Questions Submitted for the Record to Chris Sutter, Chief of Police, 
                       Tulalip Police Department 
                       
            Questions Submitted by Representative Westerman 
            
    Question 1. Your testimony mentioned that tribal search warrants 
are routinely denied or ignored under the Electronic Communications 
Act.

    1a) Can you provide instances in which your office needed to issue 
subpoenas to Facebook and other social media companies, and how the 
companies have responded?

    Answer. The Tulalip Tribal Police Department in the course of 
investigating a Missing Murdered Indigenous Woman case submitted Tribal 
Court Search Warrants for electronic data from Facebook that would be 
crucial information in solving the case, in this situation the data 
provider denied the tribal court warrant. Because Tribal Court search 
warrants are being denied or ignored due to Tribal Courts not being 
considered courts of competent jurisdiction, our ability to investigate 
crimes is impeded due to lost time and a less effective investigation 
and evidence due to not having timely submission of the requested data.

    1b) What are the usual cases where the tribal authorities need to 
issue subpoenas?

    Answer. Tribal police investigators utilize Tribal Court Search 
Warrants for electronic data in many types of felony criminal 
investigations including drug trafficking, missing person cases, 
controlled substance homicide cases, homicide cases, sexual assault 
cases, child abuse cases, and any case that may have electronic 
evidence from either the suspect or the victim. The need is heightened 
for drug trafficking, as social media platforms are how distributors 
connect with users. December 15, 2022, the Congressional Research 
Service (CRS) quoted the Drug Enforcement Administration (DEA) 
Administrator Ann Milgram who stated that ``Snapchat and other social 
media platforms ``the superhighway of drugs.'' Tribal law enforcement 
needs access to this information to effectively deal with the opioid 
pandemic on our reservations.

    1c) When these companies do not respond, how do you obtain that 
information?

    Answer. When a Tribal Court Search Warrant is denied or ignored, 
the only other option is to apply for a warrant from a County Court. 
The County Court Warrant with the same facts presented as the Tribal 
Court Warrant has been a workaround for tribal investigators to obtain 
the needed electronic information. Although utilizing a state court-
issued search warrant may be an alternative, this is not optimum as the 
Tribal Court is the court of jurisdiction in most cases, and this takes 
additional time putting a criminal investigation at risk. Also, while 
our tribal jurisdiction has a decent working relationship with our 
county currently to accomplish this effort, this working relationship 
is not guaranteed. Moreover, a good working relationship between Indian 
tribes and the local jurisdictions is not the norm in other parts of 
Washington state and across the nation.

    Question 2. Your testimony mentioned that you've heard from other 
Tribal Chiefs of Police in the country that recruitment and retention 
of officers is one of the biggest challenges and that officers you 
train are sought after by other agencies. Have you heard from your 
officers that if they were able to have the same salary and benefits as 
these other agencies, they would continue to work for your tribal law 
enforcement?

    Answer. As a member of the International Association of Chiefs of 
Police, IACP, I sit on the Indian County Section Committee, in our 
October 2023 meeting, the Indian Country Section Committee comprised of 
Tribal Chiefs of Police from across the Country affirmed that 
recruitment, hiring, and retention was one of the most significant 
problems facing Indian Country Law Enforcement. I also communicate with 
several Tribal Police Chiefs from Washington state who also share that 
they are not able to retain trained certified officers who are 
recruited away from tribal policing by outside agencies. At the Tulalip 
Tribal Police Department, we have lost approximately 50% of our 
commissioned law enforcement staffing due to officers being recruited 
away and offered higher salaries, benefits, and pension programs. 
Tribal law enforcement officers have directly stated that they love 
working for the tribal community because of the community support and 
relationships that are developed, among other things, but they cannot 
afford to remain in their tribal positions due to a lack of competitive 
salaries, lower and more costly benefits such as health insurance, and 
the fact that Tribal law enforcement officers cannot participate in 
either the state or federal retirement system. These officers were 
hired, trained, and certified at the Tribe's expense and then we lose 
them to outside agencies who offer increased salaries, benefits, and a 
retirement program. This constant hiring, training, and certification 
process to end up losing talented officers is significantly weakening 
and hindering tribal law enforcement's ability to not only retain 
officers but to provide the level of service needed to protect tribal 
communities.

    Question 3. How has the Tulalip Tribal Police Department been able 
to have any immediate impact on the opioid fentanyl epidemic on the 
Tulalip reservation and the local surrounding community?

    Answer. As stated in our testimony, the Opioid Fentanyl Epidemic is 
placing extreme external pressure on Tulalip leadership, the police 
department, and the tribal community. At the time of our testimony, 
Tulalip had over 63 tribal member deaths attributed to Fentanyl 
overdoses since 2017. Unfortunately, we had another death caused by 
Fentanyl 10 days ago so the updated number is 64 tribal member deaths. 
Our Tribal Community's fentanyl overdose mortality rate is 
approximately 10 times greater than the general population. Tulalip 
Tribal Leadership has declared an opioid state of emergency due to 
community deaths and mass importation of fentanyl from outside drug 
trafficking organizations.
    Additionally, the Tulalip Tribal Police Department has had some 
successes resulting in positive impacts on the opioid fentanyl epidemic 
on the Tulalip Reservation. Our proactive narcotics interdiction 
efforts include self-funding a Tribal Drug Task Force comprised of five 
full-time detectives to conduct narcotics investigations on the Tulalip 
Reservation. The Tulalip Drug Task Force is responsible for dozens of 
narcotics-related search warrants and seizures of large amounts of 
Fentanyl from the Reservation. Our self-funded narcotics K-9 detection 
team to focus and assist both Patrol and the Drug Task Force has helped 
with these arrests. The problem is, we cannot prosecute these 
individuals because they are largely non-Indian, and neither the U.S. 
Attorney nor the County is prosecuting these cases. Tulalip needs the 
ability to prosecute non-Indians for drug trafficking, and we are 
advocating for a legislative fix to do this, along with jurisdiction to 
prosecute the same individuals for gun possession ``in furtherance'' of 
the crime of drug trafficking. Until we can prosecute these 
individuals, our ability to effectively battle this epidemic is 
stunted.
    The Tulalip Tribal Police Department also has a Community Response 
Team to address Chronic Nuisance Properties often directly associated 
with narcotics use and sales. We also have a Victims of Crime Program 
to assist individuals and families impacted by crime and narcotics 
overdoses. We participate in the Tulalip Tribal Wellness Court, we 
assist our Probation Department when requested. We also participate 
with other Tribal Departments and service providers to identify and 
implement strategies to combat the Fentanyl epidemic.

    Question 4. Are there specific initiatives that have begun because 
of the tribal fentanyl summit, recently hosted by the Tulalip Tribes, 
and what impact do you expect them to have on the opioid crisis?

    Answer. In addition to the efforts described directly above, 
Tulalip leadership hosts regular Opioid Task force meetings with upper 
management and those with technical expertise to develop an ongoing 
strategic plan. The Tulalip Tribes was integral in the planning of the 
Governor's Opioid Summit held in May, 2023. We also hosted the National 
Summit in August 2023 which around 1200 tribal leaders, industry 
experts, legislators and legislators attended. Tulalip also is piloting 
a Prevention Model Pilot program along with five other tribes by 
working with the Governor's office, Health Care Authority, Planet 
Youth, Northwest Portland Area Indian Health Board. Lastly, Tulalip has 
created multi-disciplinary response team to provide increased services 
and treatment options for our community specific to the Opioid Fentanyl 
Epidemic.
    With the issuance of the Public State of Emergency, the Chief of 
Police, Prosecutors office, and the Health Administrator meet weekly to 
identify key areas that need to be solved. They make recommendations to 
the Board of Directors to improve efficiency for our community. Tulalip 
also uses the Opioid task force to meet on a regular basis to continue 
to work on long term planning. We are also developing strategic plans 
to improve response time, public safety & policies.
    The Tribal Fentanyl Summit focused on prevention, intervention, and 
treatment, along with a law enforcement track. Tulalip Tribal service 
providers attended their respective tracks and have begun planning and 
implementing strategies derived from the summit. The Summit resulted in 
a National Report to the tribes to identify and implement best 
practices. The Tulalip Tribes is implementing a prevention model 
discussed at the Summit, other initiatives include multi-agency 
coordinated response, traditional medicine, Department of Justice 
coordinated response, cross-jurisdictional deputization, increased law 
enforcement support, and resources, expanding culturally appropriate 
drug courts, increased support and funding for housing first 
initiatives. The Summit also identified the need for Congress to 
support Tribal Law Enforcement Parity Reforms and further extend 
criminal jurisdiction over drug-tracking offenses and drug-related 
crimes. As the Tribes work through and implement the numerous 
recommendations and best practices discussed at the Summit it is 
expected that these efforts will result in lives saved.

    Question 5. How has the Tulalip Tribes supplemented resources and 
funding that BIA provides for public justice services in your 
communities? And are there other funds or resources you've leveraged in 
your communities?

    Answer. The Tulalip Tribes police department is over 90% self-
funded through Tulalip tribal hard dollars from its economic 
enterprises. Historically the BIA funding has only contributed 
approximately 5% of the overall Police Department's operating budget. 
In addition to the BIA self-governance funding, the Tulalip Tribes has 
leveraged some Federal grants to help support law enforcement and 
justice programs. These Federal grants have provided needed staffing 
for community policing programs, victims of crime programs, Tribal 
Court programs, and essential equipment and supplies.

    Question 6. What actions at a tribal, state, local, or federal 
level do you think can increase cooperation between law enforcement 
agencies? And what is the Tulalip Tribal Police Department doing to 
increase that capacity for your own tribal officers?

    Answer. Inter-agency cooperation at all levels between tribal, 
local, state, and federal law enforcement is critical for our ability 
to successfully accomplish our shared law enforcement mission. It is 
more important than ever due to the complicated jurisdictional issues 
that Tribal law enforcement be treated as equal partners in law 
enforcement. The Tulalip Tribal Police Department has expanded our 
internal capacity for our officers through obtaining training and State 
Peace Officer Certifications. This provides the authority for our 
police officers to arrest non-Indians and charge them directly in state 
courts for state offenses. We have also expanded our capacity by 
inviting partnerships with other local, state, and federal law 
enforcement agencies. We are working to find a federal agency that 
would like to partner with us on a Tribal Drug Task Force providing the 
advantages of federal task force credentials to our Tribal police drug 
task force detectives. Another way we have increased our capacity for 
our Tribal Officers is through enhanced training opportunities and 
professional development often provided through federal grant funding. 
We also use technology as a force multiplier to help our officers work 
smarter rather than harder, thereby increasing our efficiency and 
effectiveness.
    Importantly, one way we can increase cooperation and place tribal 
law enforcement in a position of equality is by adopting Federal 
legislation giving Parity for Tribal Law Enforcement, expanding Tribal 
Court Special Criminal Jurisdiction over drug-related offenses and 
illegal gun possession in furtherance of drug trafficking, including 
Tribal Courts as `` Courts of Competent Jurisdiction'' under the Stored 
Electronic Communications Act, and providing additional technical and 
funding support for tribal law enforcement.
    Please let me know if I can be of any further assistance to the 
Subcommittee, thank you again for the opportunity to appear and testify 
on these important public safety issues in Tribal Communities.

                                 ______
                                 

    Ms. Hageman. Thank you and thank you to all of you for your 
very thoughtful, organized, and informative testimony. I really 
appreciate the different perspectives that each of you bring 
while you all also have very similar problems and challenges 
that you are facing.
    I will now recognize Members for 5 minutes for questioning, 
and I am going to begin with myself.
    Mr. Newland, I would like to start with you. Would you 
please discuss the issues you have seen related to the BIA 
recruiting quality law enforcement candidates, and specifically 
where does the agency still need to improve its efforts in 
recruitment and retention?
    Mr. Newland. Thank you, Madam Chair, for that question. 
This has been a long-standing struggle for the BIA to not only 
hire but to retain officers. A lot of the locations where we 
hire direct service officers, as I mentioned in my opening 
statement, they are remote locations, and officers often have 
to work alone with outdated equipment for less pay than their 
Federal counterparts.
    So, it is no wonder many chose to leave BIA in the past and 
go to other agencies. We have been working to make sure our 
officers are at least on par with their colleagues in other 
agencies at the department, and that effort has begun to lower 
our attrition rate. So, that is one thing. But we are also 
working to speed up the time to hire because it takes too long.
    Ms. Hageman. It takes too long.
    Mr. Newland. And there are other tools that I would be 
happy to work with the Committee on, when it comes to location 
pay and special incentives and bonuses to get people to sign up 
to work in some of these remote locations.
    Ms. Hageman. Perhaps we can follow up with some questions 
as to what those other tools might be, if you could perhaps 
provide that information in writing.
    Mr. Newland. Sure.
    Ms. Hageman. But over the past few years, Congress has 
increased funding going to Indian Country across the board. How 
has BIA and OSJ law enforcement been affected by these general 
increases and what has gone specifically to public justice and 
tribal court programs?
    Mr. Newland. Thank you, Madam Chair. Funding has increased 
for law enforcement in tribal courts, specifically, as you 
noted, and am happy to continue to work with Congress on that. 
That money does help pay for new equipment and additional 
officers, not only for the BIA, but as I mentioned, we contract 
and compact with tribes, and so that funding flows through us 
directly to tribal governments for that.
    These increases, when they get spread across hundreds of 
tribes across the country, often keep up with rates of 
inflation, and as we have seen states and local governments 
competing for law enforcement officers, that is a good thing 
because it raises the pay for officers but it makes it hard for 
any one jurisdiction. So, as this funding has increased, it has 
allowed tribal governments to buy new equipment and hire new 
officers, but as we have seen in the TLOA Report, we are still 
behind what the total need is.
    Ms. Hageman. And, again, I think that we will have some 
follow-up questions for you after the hearing today.
    Mr. Goggles, I would like to come to you next and I would 
like to thank you for traveling here from Wyoming. It is 
wonderful to see you and thank you for engaging on this 
incredibly important topic.
    In your testimony, you mentioned that cross-deputization 
among law enforcement agencies is a possible solution. What are 
the current barriers to cross-deputization and has cross-
deputization occurred at all between any of the law enforcement 
agencies active on the reservation today?
    Mr. Goggles. Thank you, Madam Chair, Members. To answer the 
first question, the Wyoming State Legislature in the past has 
put forward bills in response to that. The Northern Arapaho 
Tribe has always been in support of those bills, but it is our 
tribal counterparts, the Eastern Shoshone, who aren't up to 
speed with it, for whatever reason.
    Ms. Hageman. OK. So, do we have any cross-deputization that 
is going on at all right now?
    Mr. Goggles. There was an initiative in the past under 
Chief Doug NoSeep at the time for Wind River PD. He implemented 
it to the surrounding agencies, Fremont County Sheriff's 
Office, and I believe some municipalities. But at the time, the 
hold-up was them going through the background and more so the 
judicial process. That was where a lot of them drew back, so 
the cards were never issued, but the names were on board. But I 
have also heard mention in the past of some having the cards 
but not having the full authorization.
    Ms. Hageman. It just seems like this is a terribly 
bureaucratized process and I think that that is something that 
has to be fixed with BIA as well as perhaps with Congress, but 
we have to find a way to streamline this.
    With that, I am out of time. But, again, I think we will 
follow-up with some written questions for you.
    And I would like to now call on the Ranking Member for 5 
minutes of questioning.
    Ms. Leger Fernandez. Thank you, Madam Chair. And I would 
point out that in New Mexico we have some very strong cross-
deputization laws in place, and it is working. We are 
constantly running into little things we need to fix, but I 
worked on those laws a couple of decades ago. I have been 
around for a long time.
    Chairman Klatush, I want to really thank you for describing 
the Hope and Healing Clinic as well as your call for an 
increase of juriable jurisdiction over fentanyl and other drug 
possessions. This was also an issue in a recent Senate hearing.
    And when we talk about fentanyl, we know that fentanyl is 
being smuggled into our country, actually, there is a recent 
Cato Institute report that points out that it is being smuggled 
by citizens at our ports of entry. I would like to enter that 
into the record. Fentanyl is Smuggled for U.S. Citizens by U.S. 
Citizens, not Asylum Seekers. Madam Chair, without objection?
    Ms. Hageman. Without objection.
    [The information follows:]

Fentanyl Is Smuggled for U.S. Citizens by U.S. Citizens, Not Asylum 
Seekers

CATO at Liberty Blog, September 14, 2022 by David J. Bier

https://www.cato.org/blog/fentanyl-smuggled-us-citizens-us-citizens-
not-asylum-seekers

                                 *****

Fentanyl overdoses tragically caused tens of thousands of preventable 
deaths last year. Many politicians who want to end U.S. asylum law 
claim that immigrants crossing the border illegally are responsible. An 
NPR-Ipsos poll last week found that 39 percent of Americans and 60 
percent of Republicans believe, ``Most of the fentanyl entering the 
U.S. is smuggled in by unauthorized migrants crossing the border 
illegally.'' A more accurate summary is that fentanyl is overwhelmingly 
smuggled by U.S. citizens almost entirely for U.S. citizen consumers.

Here are facts:

     Fentanyl smuggling is ultimately funded by U.S. consumers 
            who pay for illicit opioids: nearly 99 percent of whom are 
            U.S. citizens.

     In 2021, U.S. citizens were 86.3 percent of convicted 
            fentanyl drug traffickers--ten times greater than 
            convictions of illegal immigrants for the same offense.

     Over 90 percent of fentanyl seizures occur at legal 
            crossing points or interior vehicle checkpoints, not on 
            illegal migration routes, so U.S. citizens (who are subject 
            to less scrutiny) when crossing legally are the best 
            smugglers.

     The location of smuggling makes sense because hard drugs 
            at ports of entry are about 97 percent less likely to be 
            stopped than are people crossing illegally between them.

     Just 0.02 percent of the people arrested by Border Patrol 
            for crossing illegally possessed any fentanyl whatsoever.

     The government exacerbated the problem by banning most 
            legal cross border traffic in 2020 and 2021, accelerating a 
            switch to fentanyl (the easiest-to-conceal drug).

     During the travel restrictions, fentanyl seizures at ports 
            quadrupled from fiscal year 2019 to 2021. Fentanyl went 
            from a third of combined heroin and fentanyl seizures to 
            over 90 percent.

     Annual deaths from fentanyl nearly doubled from 2019 to 
            2021 after the government banned most travel (and asylum).

It is monstrous that tens of thousands of people are dying 
unnecessarily every year from fentanyl. But banning asylum and limiting 
travel backfired. Reducing deaths requires figuring out the cause, not 
jumping to blame a group that is not responsible. Instead of attacking 
immigrants, policymakers should focus on effective solutions that help 
people at risk of a fentanyl overdose.

U.S. Citizen Consumers Fund Fentanyl Smuggling

U.S. consumer payments for illicit opioids ultimately fund fentanyl 
smuggling. Consumers pay retail dealers who pay wholesalers, and the 
cash is then transferred back in bulk cash form to Mexico. These funds 
are then used to pay smugglers to bring drugs back into the United 
States again. The best evidence indicates that about 99 percent of U.S. 
consumers of fentanyl (or products containing fentanyl) are U.S. 
citizens.[i] Noncitizens appear to be about 80 percent less likely to 
be fentanyl consumers than their share of the population would predict. 
Fentanyl smuggling is almost entirely conducted on behalf of U.S. 
citizen consumers. Of course, consumers would prefer much safer and 
legal opioids over illicit fentanyl, but the government has 
unfortunately forced them into the black market with few safe options.

U.S. Citizens Are Fentanyl Traffickers

Fentanyl is primarily trafficked by U.S. citizens. The U.S. Sentencing 
Commission publishes data on all federal convictions, which includes 
demographic information on individuals convicted of fentanyl 
trafficking. Figure 1 shows the citizenship status of fentanyl 
traffickers for 2018 to 2021. Every year, U.S. citizens receive the 
most convictions by far. In 2021, U.S. citizens accounted for 86.3 
percent of fentanyl trafficking convictions compared to just 8.9 
percent for illegal immigrants.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 


.epsNote that since trafficking involves movement from Mexico to the 
United States, it is unclear how to measure the likelihood of 
conviction for a noncitizen without U.S. lawful immigration status or 
citizenship since the denominator would include most Mexicans in Mexico 
as well as anyone who crosses through Mexico. But regardless, the 
reality is that people with U.S. citizenship or residence traffic the 
vast majority of fentanyl, not illegal border crossers specifically or 
illegal immigrants generally.

Indeed, this appears to be the case even for the most high-profile 
cases. Aaron Reichlin-Melnick of the American Immigration Council 
analyzed every Customs and Border Protection press release mentioning 
fentanyl over a 6-month period and found just 3 percent involved 
illegal immigrants. This means that the agency itself believes the most 
important smugglers are U.S. citizens.

U.S. Citizens Bring Fentanyl Through Legal Crossing Points

That U.S. citizens account for most fentanyl trafficking convictions is 
not surprising given the location of fentanyl border seizures. Over 90 
percent of fentanyl border seizures occur at legal border crossings and 
interior vehicle checkpoints (and 91 percent of drug seizures at 
checkpoints are from U.S. citizens--only 4 percent by ``potentially 
removable'' immigrants).

In 2022, so far, Border Patrol agents who were not at vehicle 
checkpoints accounted for just 9 percent of the fentanyl seizures near 
the border (Figure 2). Since it is easier for U.S. citizens to cross 
legally than noncitizens, it makes sense for fentanyl producers to hire 
U.S. citizen smugglers.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 


.epsThe DEA reports that criminal organizations ``exploit major highway 
routes for transportation, and the most common method employed involves 
smuggling illicit drugs through U.S. [ports of entry] in passenger 
vehicles with concealed compartments or commingled with legitimate 
goods on tractor-trailers.'' Several agencies including CBP, ICE, and 
DHS intelligence told Congress in May 2022 the same thing: hard drugs 
come through ports of entry.

Some people posit that less fentanyl is interdicted between ports of 
entry because it is more difficult to detect there. But the opposite is 
true: fentanyl is smuggled through official crossing points 
specifically because it is easier to conceal it on a legal traveler or 
in legal goods than it is to conceal a person crossing the border 
illegally. Customs and Border Protection estimates that it caught 2 
percent of cocaine at southwest land ports of entry in 2020 (the only 
drug it analyzed), while it estimated that its interdiction 
effectiveness rate for illegal crossers was about 83 percent in 2021 
(Figure 3).[ii] This means that drugs coming at a port of entry are 
about 97 percent less likely to be interdicted than a person coming 
between ports of entry, and this massive incentive to smuggle through 
ports would remain even if Border Patrol was far less effective at 
stopping people crossing illegally than it now estimates that it is.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 


.epsClosing Ports Increased Fentanyl Smuggling

During the early days of the pandemic, the Trump administration 
drastically restricted legal travel to the United States, banning 
nonessential travel through land ports of entry from Mexico in 
particular in late-March 2020. Because there were fewer opportunities 
to traffic drugs at ports of entry, traffickers switched to trafficking 
more fentanyl. Because fentanyl is at least 50 times more potent per 
pound than heroin and other drugs, smugglers need fewer trips to supply 
the same market. The seizure data demonstrate the change in tactics. 
From October 2018 to February 2020, about a third of fentanyl and 
heroin seizures at southwest ports of entry were fentanyl with no clear 
upward trend. By the time the travel restrictions were ended (at least 
for vaccinated travelers) in January 2022, over 90 percent of heroin-
fentanyl seizures were fentanyl. Unfortunately, the market shift has 
continued. The absolute amount of fentanyl being seized quadrupled 
(Figure 4).

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.epsThe United Nations Office on Drugs and Crime reported that in mid-
2020, as a result of travel restrictions, ``Many countries have 
reported drug shortages at the retail level, with reports of heroin 
shortages in Europe, South-West Asia and North America in particular'' 
and that ``heroin users may switch to substances such as fentanyl.'' 
The DEA predicted in 2020 that ``additional restrictions or limits on 
travel across the U.S.-Mexico border due to pandemic concerns will 
likely impact heroin DTOs [drug trafficking organizations], 
particularly those using couriers or personal vehicles to smuggle 
heroin into the United States,'' leading to ``mixing fentanyl into 
distributed heroin.''

Unsurprisingly, the increased reliance on fentanyl has increased 
fentanyl deaths. Indeed, it appears that the border closures rapidly 
accelerated the transition from heroin to fentanyl, leading to tens of 
thousands of additional deaths per year (Figure 5). Note that 2021 data 
undercount the true number of deaths because not all locations have 
reported. Nonetheless, the annual number of fentanyl deaths have nearly 
doubled between 2019 and 2021. Banning asylum under Title 42 of the 
U.S. code probably had no effect on these trends, but it certainly did 
not help reduce fentanyl deaths, as some have claimed.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]  


.epsAsylum Seekers Don't Aid Fentanyl Smuggling

Fentanyl smuggling is not a reason to end asylum. The people arrested 
by Border Patrol are not smuggling fentanyl. Just 279 of 1.8 million 
arrests by Border Patrol of illegal border crossers resulted in a 
fentanyl seizure--too small of a percentage (0.02 percent) to appear on 
a graph--and many of these seizures occurred at vehicle checkpoints of 
legal travelers in the interior of the United States.

Nonetheless, some officials have asserted that asylum seekers distract 
Border Patrol from drug interdiction efforts. If asylum seekers were 
indirectly aiding drug smuggling, however, we would expect the effect 
to show up in the seizure trends by changing the locations, times, or 
amounts of the seizures in some way. But drug seizure trends simply do 
not deviate measurably with greater arrests of asylum seekers. This is 
true on several different metrics: across time, between sectors, along 
mile-distance from the border, or the share of seizures at ports of 
entry versus between them. If the administration legalized asylum at 
ports of entry, even this hypothetical problem would disappear.

Aggressive Drug Interdiction Exacerbates Fentanyl Smuggling

The fentanyl problem is a direct consequence of drug prohibition and 
interdiction. As my colleague Dr. Jeff Singer has written:

        Fentanyl's appearance in the underground drug trade is an 
        excellent example of the ``iron law of prohibition:'' when 
        alcohol or drugs are prohibited they will tend to get produced 
        in more concentrated forms, because they take up less space and 
        weight in transporting and reap more money when subdivided for 
        sale.

Fentanyl is at least 50 times more powerful per pound than heroin, 
which means you have to smuggle nearly 50 pounds of heroin to supply 
the market that a single pound of fentanyl could. This is a massive 
incentive to smuggle fentanyl, and the more efforts are made to 
restrict the drug trade, the more fentanyl will be the drug that is 
smuggled. The DEA has even admitted, ``The low cost, high potency, and 
ease of acquisition of fentanyl may encourage heroin users to switch to 
the drug should future heroin supplies be disrupted.'' In other words, 
heroin interdiction makes the fentanyl problem worse.

Conclusion

Border enforcement will not stop fentanyl smuggling. Border Patrol's 
experience with marijuana smuggling may provide even clearer evidence 
for this fact. Marijuana is the bulkiest and easiest-to-detect drug, 
which is why it was largely trafficked between ports of entry. Despite 
doubling the Border Patrol and building a border fence in the 2000s in 
part to combat the trade, the only thing that actually reduced 
marijuana smuggling was U.S. states legalizing marijuana. It is absurd 
to believe that interdiction will be more effective against a drug that 
is orders of magnitude more difficult to detect.

The DEA plainly stated in 2020 that fentanyl ``will likely continue to 
contribute to high numbers of drug overdose deaths in the United 
States'' even with the ban on asylum and travel restrictions. But 
ending asylum or banning travel has been worse than useless. These 
policies are both directly and indirectly counterproductive: first 
directly by incentivizing more fentanyl smuggling and then indirectly 
by distracting from the true causes of the crisis.

My colleagues have been warning for many years that doubling down on 
these failed prohibition policies will lead to even worse outcomes, and 
unfortunately, time has repeatedly proven them correct. The only 
appropriate response to the opioid epidemic is treatment of addiction. 
But for this to be possible, the government must adopt policies that 
facilitate treatment and reduce the harms from addiction--most 
importantly deaths. To develop these policies, policymakers need to 
ignore the calls to blame foreigners for our problems.

Notes

[i] This is based on overdose statistics, and last year, fentanyl 
caused 88 percent of opioid overdose deaths.

[ii] The cocaine seizure effectiveness rate includes an estimate of all 
cocaine that escaped detection, while the interdiction effectiveness 
rate for people only includes detected crossings. Including undetected 
crossings would lower the effectiveness rate for people, but because 
many arrests are the same person crossing after a prior arrest (27 
percent in 2021), the interdiction effectiveness rate is a better 
estimate of the likelihood of being arrested during a first attempt, 
which would be all that is necessary to disrupt a drug smuggling 
attempt. Regardless, in 2020, DHS estimated an apprehension rate that 
included undetected crossings of 66.2 percent compared to 79.4 percent 
using only detected crossings. This would mean that drugs were only 
96.8 percent rather than 97.4 percent less likely to be apprehended.

                                 ______
                                 

    Ms. Leger Fernandez. But it is coming into the country. The 
question is what do we do about it? We need to stop it at the 
border. But what you all are raising is how do we keep our 
communities safe on our tribal communities. And this issue 
about tribal jurisdiction to protect your own I think is key, 
and I am glad that each of you has brought it up in a different 
way.
    I am going to ask, because we never have enough time to get 
full discussion, but I am going to ask each of you, do you 
believe that your tribe, if granted the right to have full 
criminal jurisdiction over non-Indians, or a limited 
jurisdiction over maybe fentanyl and other opioids, would be 
able to improve the safety for your citizens and the visitors 
to your tribe and what resources would you need? Like can you 
do it, what do you need? And I will maybe just start, maybe we 
can go from left to right on that.
    Mr. Newland, I am going to skip you, because I want to hear 
the tribal perspective.
    Mr. Klatush. Yes, I believe if we had the full jurisdiction 
over non-tribals, I think that is going to be a lot better for 
our tribal police. Also training for the tribal police is going 
to be another good thing to put them in, but the fentanyl is 
just, there is another strain in Washington State now that is 
100 times worse than the regular fentanyl, so one little puff 
of that little powder and the police officer is going to be 
down. So, training is a big thing, too, for that, so I believe 
so, yes.
    Ms. Leger Fernandez. OK. So, you would need more training 
and then perhaps some more resources.
    And, Honorable Goggles, what do you think about the issue 
and the possibility?
    Mr. Goggles. Ms. Fernandez, yes, I do believe if given 
that, the tribe would be able to facilitate the safety of the 
personnel. One thing that is a hinderance on the BIA side when 
it comes to the evidence is the evidence techs. There were two 
at one time when I was there last so, say there are only two or 
three on the shift, two may be in the evidence locker, one has 
to supervise what they brought off the street, the other is 
there to manage the evidence locker, so the other officer might 
be out there by his or herself.
    So, what would happen is that, depending on the amount and 
then the quantity, they might have to break free to go assist, 
so they would have to make sure everything was in a safe spot, 
then leave, and then come back and do it again. So, that is why 
it has always been a hard spot to fill.
    Ms. Leger Fernandez. You need more people there. And I am 
going to move us on. Mr. Ambassador?
    Mr. Goggles. Thank you, ma'am.
    Ms. Leger Fernandez. I know we want an Oliphant fix. If we 
can't get an Oliphant fix, where is the place that we go next, 
beyond VAWA, and is it here, and could you handle it? Great job 
on what you have been doing so far, by the way.
    Mr. Chaudhuri. Thank you, Ranking Member. And I think the 
answer is an Oliphant fix. Let me explain why. At Muscogee 
Creek Nation, not only would we be fully capable of exerting 
authority to protect people of all backgrounds within our 
borders, we would welcome that authority.
    Brief history, our Nation was removed on the Trail of 
Tears. Prior to removal, we had full authority throughout our 
entire homelands, and we are talking huge areas of homelands, 
Georgia, Alabama, and Northern Florida. Same thing with 
Oklahoma and Indian Territory. We had authority over a whole 
slew of crimes. That was lost in 1978 with the Oliphant 
decision. That is the original sin here. We are handcuffed in 
being able to protect folks.
    Ms. Leger Fernandez. I completely agree with you on that, 
but I don't want to not let our last----
    Mr. Chaudhuri. So, let----
    Ms. Leger Fernandez. I have run out of time.
    Mr. Chaudhuri. If I could say one thing about the fentanyl. 
One of the reasons we have been so strong in having broad 
authority is being surgical about these crimes misses the fact 
that these crimes are often tied to collateral crimes such as 
breaking and entering, money laundering, assault, vandalism, 
auto theft. If you can't attack the whole umbrella of crimes 
associated with something like fentanyl, your hands are tied.
    So, thank you so much, Ranking Member.
    Ms. Leger Fernandez. Madam Chair, can we give Mr. Sutter a 
chance to respond?
    Ms. Hageman. Yes, please, Mr. Sutter.
    Ms. Leger Fernandez. And sorry to interrupt. I wanted to 
make sure all four of you could respond.
    Mr. Sutter. Ranking Member Fernandez, we strongly support 
expanding the criminal special jurisdiction that tribes have 
currently to include crimes such as trafficking fentanyl onto 
our reservation because of the extreme disparate impact it is 
having on our tribal communities.
    Ms. Leger Fernandez. Thank you so very much, and thank you 
for yielding to me, Madam Chair.
    Ms. Hageman. Thank you. The Chair now recognizes Mr. Carl 
from Alabama.
    Mr. Carl. Thank you, Madam Chair.
    Mr. Newland, I have a copy here of a press release put out 
by the Coalition of Large Tribes, COLT, in July of this year. 
COLT is an intertribal organization representing the interests 
of more than 50 tribes with a reservation of over 100,000 acres 
or more. According to this press release, they are concerned 
that the FDA's plan to ban legal sales of menthol cigarettes in 
the United States will create opportunities for foreign cartels 
to profit from the illegal cigarette sales.
    They state that the tribes are painfully aware of the 
criminal's interest in China, the Mid East, and Mexico already, 
and various channels of trafficking the drugs through and on 
their reservation. And they are concerned that the same will be 
true for the new illicit supply chain of menthol cigarettes.
    My question, sir, to you, have you consulted with the FDA 
about this rule and how it impacts on already overburdensome 
tribal law enforcement?
    Mr. Newland. Thank you, Congressman. I am not aware of that 
rule and I have not myself spoken with the FDA about it.
    Mr. Carl. OK. According to this same article, the tribes 
were not consulted at all on this issue, and I think that is 
one thing I really want to point out here, that we have these 
mandates that get pushed down through, whether it is an 
Executive Order or whether it is just on a whim of what 
somebody wants onto these law enforcements. There is no money 
to back it up, there is no help to enforce them, but yet we 
expect them to do this.
    How would you do that? How would you expect these people to 
start following up on something as simple as menthol 
cigarettes?
    Mr. Newland. Again, Congressman, I am not familiar with 
that rule. I am happy to follow-up and look into it. And I did 
want to emphasize that Federal agencies generally are subject 
to Executive Order 13175 on tribal consultation, but I can't 
speak to their process.
    Mr. Carl. Normally before those Executive Orders are 
passed, is there communication with the tribes, do they 
actually ask?
    Mr. Newland. Oftentimes, in my experience, Executive Orders 
and other agency policies that affect tribes directly are the 
product of many conversations and engagements between agencies 
and tribes. But I can't speak to the FDA's process, sir. I am 
sorry.
    Mr. Carl. OK. Well, my point here is simply trying to put 
out we tie their hands on what they can or can't do, but yet we 
try to push more down the line of what they should do. And then 
when we ask them to do it, we don't provide any leadership, we 
don't get any input from them, and there is no monetary reason 
to do it also. So, my frustration is pretty simple. And I know 
this is a very simple thing, menthol cigarettes. That is 
exactly why I wanted to talk about it.
    Madam Chair, that is all I have. Thank you.
    Ms. Hageman. Thank you, Mr. Carl. I actually think it is an 
important issue because what so many of our law enforcement 
personnel have been turned into is regulators and regulator 
enforcement, so I think it would be great if the BIA would 
reach out to the sister agency and provide the information 
about the challenges associated with enforcement of those kinds 
of things on our reservations and burdening already burdened 
law enforcement in our tribal communities.
    I think it is very important to address those kinds of 
things, because it is one of the reasons why we don't have the 
resources that we need. So, I appreciate you raising that 
particular issue.
    The Chair now recognizes Mr. LaMalfa from California for 5 
minutes.
    Mr. LaMalfa. Thank you, Madam Chair, and apologies to 
everybody in the room for my late arrival. There was another 
big deal going on. I am glad I could be here for this portion.
    With the flow of illegal drugs or illegal handling of drugs 
in this country, and especially rural America, the rural part 
of California where I reside, of course, this affects Indian 
Country as well, so we see the giant problem with the drugs 
from China, of course, fentanyl ad nauseam, and the flow from 
our southern border. It is a direct attack on public safety, 
the actual usage or finding these things laced in other 
products, and then the negative effect on neighborhoods, et 
cetera.
    Chairman Goggles, we have talked a lot of times on this 
Committee about public private lands are constantly being 
trespassed upon for illegal cannabis grows up in my 
neighborhood. Across Northern California they see, again, a 
surge of illicit fentanyl and other hard drugs. Our local law 
enforcement has to a lot of times do the job, whether it is 
counties, cities, or tribal law enforcement. And we are talking 
international drug cartels infesting these areas as well as the 
whole country.
    So, Chairman, would you talk a little bit about how the 
impact, we kind of have a broad percentage of how it affects 
the country, but is this especially acute on your lands, on 
your reservation for your members maybe beyond the national 
average?
    Mr. Goggles. Thank you, Congressman. I don't have the 
percentage with me currently, but there has been enrolled 
members' deaths at all ages from the surrounding communities. 
It is just one of those evils that doesn't have any care about 
who or what. Presently, we have been saved from any children's 
death or exposure to that drug in particular.
    Mr. LaMalfa. So, these cartels, they are not only bringing 
this product in and infecting our communities with it, but we 
are seeing that illegal weapons are being brought in and those 
get into the marketplace. And then maybe most important is the 
human trafficking side of it. What experiences can you relate 
with those sides?
    Mr. Goggles. With the cartels, sir?
    Mr. LaMalfa. On human trafficking or handling of illegal 
weapons and such, have you seen a lot of that?
    Mr. Goggles. With the cartels, it is usually a nonvisible 
component. They facilitate their acts through small fish 
people, counterparts, enrolled members. The human trafficking, 
it has been through the reservation in different aspects, not 
at a high volume, just small instances here and there. One 
example was a child that was recovered in the California area, 
I believe it was Los Angeles, or San Francisco, I believe. And 
there was a child that was recovered on our reservation in Wind 
River from the Crow Reservation in Montana.
    Mr. LaMalfa. Are you finding the cooperation with law 
enforcement at your tribe level is well-coordinated with the 
Federal?
    Mr. Goggles. I would say the best example of that would be 
in the Tribal Fish and Game and the U.S. Fish and Wildlife. 
They are, from what I see, the seamless, effortless tandem. The 
rest has always resided with the characters or officers that 
were in the department. It has just always depended on how they 
were with other people.
    Mr. LaMalfa. Do you see as much of a help with the cartel 
side of it with Federal law enforcement?
    Mr. Goggles. From our standpoint, I would not be able to 
identify any cartel involvement, only the counterparts.
    Mr. LaMalfa. I appreciate it. I will yield back, Madam 
Chair.
    Mr. Goggles. Thank you, sir.
    Ms. Hageman. Thank you. We do have a briefing that we need 
to get to, but I would like to ask a quick question to each of 
you that I think is very important because I would like your 
input. And that is, if there was one thing that you could 
change that you think would dramatically improve the law 
enforcement situation within your respective jurisdictions, 
what would that be? And, again, I will go to the tribal 
members. I am going to start with you, Mr. Klatush.
    Mr. Klatush. Law enforcement pension.
    Ms. Hageman. Pensions, OK.
    And Mr. Goggles?
    Mr. Goggles. More cohesion and cooperativeness.
    Ms. Hageman. Sir?
    Mr. Chaudhuri. Well, there are a variety of things that 
need to be done and funding is always at the top of the list. 
At the very top, you have to have restoring tribal 
jurisdiction, and everything flows from that. If we were 
allowed to do that, we would be better positioned to work with 
state counterparts, county counterparts, and Federal 
counterparts. So, it has to start there, restoring inherent 
tribal jurisdiction.
    Ms. Hageman. OK. And Mr. Sutter?
    Mr. Sutter. All the issues we discussed today are very 
important. The tribal jurisdiction, the fentanyl epidemic. We 
still have a MMIW issue, and for us to effectively provide the 
law enforcement, to protect and serve, and really protect the 
most vulnerable from harm, we have to have the officers in our 
tribal police agencies to affect these very detailed, lengthy 
investigations.
    So, working on officer retention with the pension program 
would make a significant difference for us and Tulalip in our 
ability to retain officers, and I think that would help us 
address the other very, very significant issues causing harm 
and very disproportionately on our tribal community.
    Ms. Hageman. I very much appreciate that. And I don't know 
if the Ranking Member has any follow-up, but if not, I will go 
ahead and close out the hearing.
    Ms. Leger Fernandez. Thank you very much for your insight 
that you provided us today. And, Assistant Secretary, it is not 
that we don't want to hear your views on all of this, but----
    [Laughter.]
    Ms. Leger Fernandez. So, once again, to the tribal members 
as well as Mr. Newland, thank you very much.
    Ms. Hageman. And I want to thank the witnesses for your 
valuable testimony and the Members for your questioning.
    The members of the Committee may have some additional 
questions for the witnesses and we will ask you to respond to 
those in writing. Under Committee Rule 3, members of the 
Committee must submit questions to the Committee Clerk by 5 
p.m. on Friday, November 17, 2023, and the hearing record will 
be held open for 10 business days for these responses.
    If there is no further business, and without objection, the 
Committee stands adjourned.

    [Whereupon, at 3:20 p.m., the Subcommittee was adjourned.]

            [ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]

Submission for the Record by Rep. Carl

COLT Chairman Echoes Senate Alarm on Foreign Illicit Tobacco Threats 
Amid FDA Prohibitory Rulemakings on Menthol and Nicotine in Cigarettes

                                 *****

July 24, 2023

Browning, MT--The Coalition of Large Tribes, an intertribal 
organization representing the interests of the more than 50 tribes with 
reservations of 100,000 acres or more, echoes the U.S. Senate concerns 
raised by Senators Cassidy, Rubio, Budd and Hagerty in their letter 
today Commissioner Califf of the Food and Drug Administration, sounding 
the alarm over the Biden administration's plans to restrict tobacco 
products for Americans, potentially creating opportunities for foreign 
cartels to profit from illegal tobacco on the black market.

COLT is also concerned about FDA's proposed rules because they will no 
doubt create illicit markets for menthol and nicotine-containing 
products, gaps that will be filled by foreign criminal interests and 
directly and negatively impact public safety on remote rural Indian 
reservations like those of COLT member tribes.

As with other forms of prohibition, unregulated supply chains will take 
over once legal pathways to adult consumers are closed off. Banning the 
legal sale of menthol and nicotine-containing cigarettes will cede 
control of the market to illicit producers. ``Tribes are painfully 
aware from our experience with the fentanyl crisis that criminal 
interests in China, the Middle East and Mexico already use various 
channels to traffic drugs through and concentrate drugs on our 
reservations, where the jurisdictional maze and chronic underfunding of 
tribal law enforcement leaves a persistent gaps for public safety. The 
Rules will strain already overburdened tribal law enforcement,'' said 
COLT Chairman Marvin Weatherwax, a member of the Blackfeet Tribal 
Business Committee, quoting COLT's June 2, 2023 Resolution #03-2022 
(WR-Las Vegas), Calling for Pause in FDA Rulemaking on Tobacco to Allow 
for Tribal Consultation and Protection of Tribal Ceremonial Uses and 
Public Safety.

        ``Many of COLT member tribes' citizens are cigarette smokers, 
        including myself and my wife. We are very concerned that 
        illicit markets borne from the FDA's forthcoming Rules--Native 
        American smokers who obtained such products will have no idea 
        what foreign illicit cigarettes might be laced with--just like 
        certain foreign drugs today are routinely laced with 
        fentanyl,'' said OJ Semans, COLT Executive Director. ``As a 
        career tribal police officer, I can tell you that the risks of 
        FDA's prohibitions on menthol and nicotine are huge for Indian 
        Country.''

                                     OJ Semans, COLT Executive Director

In addition to intensive public safety concerns, COLT is also dismayed 
that the FDA has not consulted with tribes at all on the Rules, despite 
the strong policies of the Biden Administration and numerous Executive 
Orders. COLT is also concerned that tribal tobacco manufacturers could 
be severely impacted by both Rules, and that tribal ceremonial use of 
tobacco could be severely restricted, infringing on tribal cultural and 
religious practices.

Consequently, COLT has called upon FDA to pause its rulemakings, engage 
in appropriate, required tribal consultation, and fully assess the 
Rules' impacts to tribal economies and tribal public safety. COLT urges 
Congress to continue to shine light on the risks of the FDA's 
rulemakings.

                                 [all]