[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Extensions of Remarks]
[Pages E880-E881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    TRIBAL LAW AND ORDER ACT OF 2009

                                 ______
                                 

                     HON. STEPHANIE HERSETH SANDLIN

                            of south dakota

                    in the house of representatives

                        Thursday, April 2, 2009

  Ms. HERSETH SANDLIN. Madam Speaker, today, I am pleased to 
reintroduce the Tribal Law and Order Act of 2009, critical legislation 
to address needs of law enforcement and justice services in Indian 
Country. I want to thank Senator Dorgan and his colleagues and staff on 
the Senate Indian Affairs Committee for their tireless dedication to 
these issues.
  The Tribal Law & Order Act would establish accountability measures 
for the Department of the Interior and the Department of Justice with 
regard to tribal law enforcement. This bill also seeks to increase 
local control to tribal law enforcement agencies and to authorize 
additional resources for tribes to address the safety and security 
needs of their communities.
  In June 2007, the House Committee on Natural Resources held a hearing 
on the Lower Brule Reservation in South Dakota. Entitled, The Needs and 
Challenges of Tribal Law Enforcement in Indian Reservations, tribal 
leaders and law enforcement officials from eight tribes testified for 
the need to improve government-to-government consultations between 
tribes and the federal agencies charged with supporting their law 
enforcement goals. Witnesses explained the need for more resources for 
officers, equipment, jails, and tribal courts.
  For example, the Law Enforcement Department of Cheyenne River Sioux 
Tribe of South Dakota serves a population spread across 19 communities 
with a land base of approximately 2.8 million acres. Some of these 
communities are located as far as 90 miles away from department 
headquarters. With approximately 4,500 miles of roadways on the 
reservation, it often takes officers a considerable amount of time to 
address calls, including emergencies.
  At current funding levels, the Cheyenne Rivers Sioux Tribe Law 
Enforcement Department is unable to provide adequate police protection 
to all of these communities. In FY08, the tribal police force was 
reduced by 10 patrol officers due to budget constraints. Now, officers 
are logging over 4000 hours of overtime each quarter, which leads to 
stress and strain on the officers and their families, and ultimately, 
undermines retention efforts and leads to communities that are not as 
safe as they should be.
  From my work with tribal communities in South Dakota and as a Member 
of the Committee on Natural Resources, I know that Cheyenne River is 
not an extreme case. In fact, across all Indian Country, there are less 
than 3,000 tribal law enforcement officers to patrol over 56 million 
acres of land. This figure represents less than one-half of the law 
enforcement presence in comparable rural communities. This disparity is 
unacceptable and shameful.
  The Tribal Law and Order Act is an important step to addressing the 
complex and broken system of law and order in Indian Country. This bill 
would clarify the responsibilities of Federal, State, tribal, and local 
governments with respect to crimes committed in tribal communities; 
increase coordination and communication among Federal, State, tribal, 
and local law enforcement agencies; empower tribal governments with the 
authority, resources, and information necessary to effectively provide 
for the public's safety in tribal communities; reduce the prevalence of 
violent crime in tribal communities and combat violence against Indian 
and Alaska Native women; address and prevent drug trafficking and 
reduce rates of alcohol and drug addiction in Indian country; and 
increase and standardize the collection of criminal data and the 
sharing of criminal history information among Federal, State, and 
tribal officials responsible for responding to and investigating crimes 
in tribal communities.
  The Senate Indian Affairs Committee has held numerous hearings and 
has reached out to tribes across the United States while crafting this 
bill, and I appreciate their efforts to address the concerns raised by 
tribal members and leaders. I recognize that this bill alone will not 
solve the problems raised by tribes in these consultations and 
hearings. As such, I will continue to work for increased funding for 
law enforcement personnel, detention facilities, equipment and 
training, tribal courts, and other components required for a successful 
justice system. I will continue to hold the Bureau of Indian Affairs 
accountable for upholding the trust responsibility within the realm of 
law enforcement. Ultimately, I believe that this bill offers important 
and necessary tools in our shared goal of making Indian Country a safer 
place to be.
  Madam Speak, I urge my colleagues to join with me to pass the Tribal 
Law and Order Act into law.

[[Page E881]]



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