indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit allows BIA to deny policing contracts in PL280 states

Filed Under: Law
More on: 9th circuit, bia, california, law enforcement, los coyotes, self-determination
     

The Bureau of Indian Affairs can deny law enforcement contracts to tribes in Public Law 280 states, the 9th Circuit Court of Appeals ruled today.

The Los Coyotes Band of Cahuilla and Cupeno Indians sought law enforcement funds to combat crime on its remote reservation in southern California. But the BIA claimed it didn't have enough money to enter into a contract with the tribe under the Indian Self-Determination and Educational Assistance Act.

The tribe claimed the real reason was that California falls under Public Law 280. The law, which was passed during the termination era, granted criminal jurisdiction in Indian Country to the state.

The 9th Circuit, however, said the BIA was within its discretion to reject the contract. In a unanimous decision, the court said the self-determination law only comes into play when a tribe seeks to manage an existing federal program.

"Where there is no existing BIA program, there is nothing that the BIA would have spent on the program, and therefore nothing to transfer to the tribe," the decision stated. "That there is no existing BIA law enforcement program on the Los Coyotes Reservation is a result of the agency’s decision to allocate resources elsewhere."

The decision acknowledged that high rates of crime in Indian Country -- including violence against Indian women -- can be tied to a lack of adequate resources. But the court said it is up to the BIA to decide how to spend law enforcement funds.

Turtle Talk has posted documents from the case, Los Coyotes Band of Cahuilla and Cupeno Indians v. Jewell.

9th Circuit Decision:
Los Coyotes Band of Cahuilla and Cupeno Indians v. Jewell.


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Lawmakers take action on Native youth and Indian Country bills (9/29)
Dakota Access enlists big name law firm ahead of court hearing (9/29)
Congress goes on break again after failing to pass spending bills (9/29)
Oklahoma lawmakers push for approval of tribal water rights deal (9/29)
Documents detail settlement amounts in tribal trust fund lawsuit (9/29)
Supreme Court accepts case involving Mohegan Tribe employee (9/29)
Supreme Court accepts case linked to NFL team's racist mascot (9/29)
Lakota Country Times: Powwow, Indian relay unite for big event (9/29)
Native Sun News Today: Meet the world's only Lakota magician (9/29)
Dave Archambault Sr.: The roots of the battle at Standing Rock (9/29)
Jim Kent: A tale of two warriors comes alive in sacred Black Hills (9/29)
Mary Annette Pember: Water protectors rounded up for praying (9/29)
Dina Gilio-Whitaker: A model for tribal consultation with UNDRIP (9/29)
Chukchansi Tribe schedules election for three council positions (9/29)
Seneca Nation prepares for tribal council election in November (9/29)
Donald Trump hired firm to lobby for tribal casino deal in Florida (9/29)
Bureau of Indian Affairs faced pressure to approve gaming deal (9/29)
Graton Rancheria eyes November opening for $175M casino hotel (9/29)
House approves national water bill without #NoDAPL amendment (9/28)
County sheriff announces additional arrests of #NoDAPL resisters (9/28)
Mary Annette Pember: Sheriff is looking into reports of 'gunshots' (9/28)
Ute Tribe mounts battle against 'modern day Indian land grab' bill (9/28)
Field hearing scheduled on energy development in Indian Country (9/28)
Native American Financial Services Association hires new director (9/28)
Lakota Country Times: Thank you ceremony honors Black Elk Peak (9/28)
Native Sun News Today: Northern Cheyenne Tribe election season (9/28)
James Giago Davies: Oceti Sakowin assert sovereignty once again (9/28)
Mark Fogarty: Young Native journalists cover historic movement (9/28)
Peter d'Errico: Briefcase warriors must defend original nations (9/28)
Seminole Tribe removes James Billie from chairman's position (9/28)
Mashpee Wampanoag Tribe granted role in casino land dispute (9/28)
Wilton Rancheria makes significant progress on casino project (9/28)
Mohawk Council of Kahnawake takes action on online gaming (9/28)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.