25 USC 1305 - Tribal jurisdiction in Alaska

U.S Code last checked for updates: Apr 28, 2024

§ 1305.

Tribal jurisdiction in Alaska

(a)

In general

(b)

Tribal civil jurisdiction to enforce protection orders

(1)

In general

A court of any Indian tribe in the State shall have full civil jurisdiction to issue and enforce protection orders involving any person in matters—

(A)

arising within the Village of the Indian tribe; or

(B)

otherwise within the authority of the Indian tribe.

(2)

Inclusions

The full civil jurisdiction to issue and enforce protection orders under paragraph (1) includes the authority to enforce protection orders through—

(A)

civil contempt proceedings;

(B)

exclusion of violators from the Village of the Indian tribe; and

(C)

other appropriate mechanisms.

(c)

Special Tribal criminal jurisdiction

(1)

In general

(2)

Concurrent jurisdiction

(3)

Exception if victim and defendant are both non-Indians

(A)

In general

(B)

Definition of victim

(d)

Pilot program for special Tribal criminal jurisdiction over persons who are not Indians

(1)

Establishment

(2)

Procedure

(3)

Designation of participating tribes

(A)

In general

The Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall establish a process to designate Indian tribes to participate in the pilot program, which process shall—

(i)

require that preference shall be given to Indian tribes occupying Villages—

(I)

the populations of which are predominantly Indian; and

(II)

that lack a permanent State law enforcement physical presence;

(ii)

require that for each Indian tribe requesting to be designated as a participating Tribe, the Attorney General makes a determination that the criminal justice system of the Indian tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204(d) of Public Law 90–284 (25 U.S.C. 1304(d)) (commonly known as the “Indian Civil Rights Act of 1968”); and

(iii)

be subject to such other criteria as the Attorney General considers to be appropriate to achieve the purposes of this subtitle.

(B)

Designation

(4)

Intertribal participation

(A)

In general

2 or more participating Tribes (or the Tribal organization (as defined in section 5304 of this title) of the participating Tribe, if the Tribal organization is exercising delegated authority from the participating Tribe)—

(i)

may elect to participate jointly in the pilot program by providing shared resources to carry out the purposes of the pilot program; and

(ii)

on making an election pursuant to clause (i), shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5).

(B)

Additional participating tribes

(i)

In general

(ii)

Application

(5)

Maximum number of participating tribes

(A)

In general

(B)

Exception

(6)

Description of jurisdiction

(7)

Rights of defendants

(e)

Sentences

In a criminal proceeding in which an Indian court of a participating Tribe, in exercising special Tribal criminal jurisdiction with respect to a covered crime, imposes a sentence of imprisonment of more than 1 year on a defendant pursuant to section 202(b) of Public Law 90–284 (25 U.S.C. 1302(b)) (commonly known as the “Indian Civil Rights Act of 1968”), the Indian court may require the defendant—

(1)

to serve a sentence—

(A)

in a Tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines set by the Bureau of Indian Affairs;

(B)

at the expense of the United States, in the nearest appropriate Federal facility pursuant to the Bureau of Prisons Tribal Prisoner Program established under section 1302a(c)(1) of this title; or

(C)

at the expense of the participating Tribe and, subject to section 204(f)(1) of Public Law 90–284 (25 U.S.C. 1304(f)(1)) (commonly known as the “Indian Civil Rights Act of 1968”), reimbursable by the Attorney General, in a detention or correctional center approved by the State or a local government of the State pursuant to a memorandum of agreement between the participating Tribe and the State or local government of the State; or

(2)

to serve another alternative form of punishment, as determined by the Indian court pursuant to Tribal law.

(f)

Memoranda of agreement

The Attorney General and the Secretary of the Interior may enter into such memoranda of agreement with participating Tribes and the State as are necessary and appropriate—

(1)

to coordinate respective law enforcement activities;

(2)

to share equipment and other resources;

(3)

to establish cross-deputization arrangements;

(4)

to coordinate appropriate training activities; and

(5)

to address any other matters that will facilitate the successful implementation of the pilot program, including intergovernmental agreements regarding—

(A)

the incarceration of convicted persons; and

(B)

cooperation in the investigation and prosecution of crimes.

(g)

Alaska Tribal Public Safety Advisory Committee

(1)

Establishment

(2)

Membership

The Committee shall consist of 1 or more representatives from—

(A)

participating Tribes and Indian tribes aspiring to participate in the pilot program;

(B)

Federal, Tribal, State, and local law enforcement; and

(C)

Tribal nonprofit organizations providing victim services.

(3)

Duties

The Committee shall focus on—

(A)

improving the justice systems, crime prevention, and victim services of Indian tribes and the State; and

(B)

increasing coordination and communication among Federal, Tribal, State, and local law enforcement agencies.

(4)

Travel expenses

(5)

Nonapplicability of FACA

(6)

Authorization of appropriations

(h)

Report to Congress

(i)

Applicability

Nothing in this subtitle—

(1)

limits, alters, expands, or diminishes the civil or criminal jurisdiction of the United States, the State, any subdivision of the State, or any Indian tribe in the State;

(2)

creates or eliminates any Federal or State criminal jurisdiction over a Village; or

(3)

affects the authority of the United States or any authority delegated by the United States to the State to investigate and prosecute a criminal violation in a Village.

(Pub. L. 117–103, div. W, title VIII, § 813, Mar. 15, 2022, 136 Stat. 906.)

cite as: 25 USC 1305