Federal, state, tribal governments should help fund PL 280 cost
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Governor Bullock traveled to Pablo last week to sign into law two bills passed by the last Montana legislature. One of the bills, Senate Bill 310, provides a way for the Confederated Salish and Kootenai Tribes to withdraw from Public Law 280.
The PL 280 agreement has been the source of much discussion by the County for several years and this past January, the Lake County Commissioners introduced and passed a Resolution of Intent to withdraw from the agreement. The County took their withdrawal resolution to the legislature for approval, where passage failed on a 99-0 vote. The driver behind the commissioners’ request to be allowed to withdraw has been the financial stress the agreement has put on Lake County property tax payers. Of the approximately $12 million collected annually to support County government, estimates are that $4 million are dedicated to upholding Lake County’s obligation to provide funding for the agreement. The County has stated numerous times that it believes remaining a PL 280 reservation is best for all of our people, but the rising costs can no longer be absorbed only by the County.
The Flathead Reservation is the lone Public Law 280 reservation in the state in addition to being the only open reservation in Montana. This 50-year-old agreement between the state and the tribes provided that Lake County would be charged with prosecuting all felonies on the reservation regardless of the race of the accused individual. Lake County signed on at a time when there were minimal costs associated with the agreement. According to former District Judge C.B. McNeil, the agreement was crafted by then tribal chairman Walter McDonald and state legislator Jean Turnage. The idea was that local jurisdiction and control over felonies would be much preferable to handing over enforcement to the Bureau of Indian Affairs.
In the news article describing Bullock’s visit, it appears the tribe is exploring several options for prosecution of felonies on the reservation if they decide to withdraw from the agreement. Most of the options would involve having the federal government come in and help out. The tribe needs to carefully consider the consequences of withdrawing from the agreement and calling in the feds. Recent events on the Crow Reservation and comments from tribal leaders there about the lack of help from the feds in law enforcement should be taken seriously. In his media address following a drug-fueled triple homicide, Crow Tribal Chairman A. J. Not Afraid, Jr. “noted the lack of adequate law enforcement and emergency health services on the reservation, citing the fact that half of local BIA law enforcement positions are currently vacant.”
There is a reasonably simple solution to this problem. The federal government, the state of Montana, the CSKT, or some combination of the three, need to step up and help Lake County pay the costs of PL 280. Any other solution will cost much more money and will result in the loss of local control of prosecution of felony crimes.
