your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
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:
Tribes seek support for Native language instruction programs (11/24)
Rep. Mullin confirms divisions in Indian Country on Carcieri fix (11/24)
President Obama to award Medal of Freedom to Billy Frank Jr. (11/24)
Sault Tribe pushes for passage of Tribal Labor Sovereignty Act (11/24)
Lakota Country Times: Charles Trimble recognized for writings (11/24)
Native Sun News Editorial: Some new names in Indian Country (11/24)
Jim Kent: South Dakota lands in the news again for corruption (11/24)
John Yellowbird Steele: Bill tries to hijack recognition process (11/24)
Albert Bender: 'The Green Inferno' hits new low in racist films (11/24)
Peter d'Errico: Anti-Indian wars continue in our Supreme Court (11/24)
Anne Keala Kelly: US government wants to steal Hawaii again (11/24)
Counties ask Supreme Court to hear Ute Tribe boundary case (11/24)
Shinnecock Nation considers entering medical marijuana field (11/24)
USDA policy eases return of traditional food to tribal facilities (11/24)
Sitka Tribe asks FBI to consider racial bias in student's arrest (11/24)
Court sides with Indian inmates over closure of sweat lodge (11/24)
Former employee accused of cheating Grand Traverse Band (11/24)
Tribes with special acts of Congress face hurdles for gaming (11/24)
Enterprise Rancheria addresses concerns about gaming site (11/24)
Mohegan Tribe signs partner for $5B casino proposal in Korea (11/24)
Bart Hinkle: States trying to protect their gaming monopolies (11/24)
Blackfeet Nation wins ruling against development at sacred site (11/23)
Center for Native American Youth hires new executive director (11/23)
Quinault Nation slams approval of genetically modified salmon (11/23)
Native Sun News: Great Plains people key in defeating Keystone (11/23)
Lakota Country Times: Legal 'victory' for reservation residents (11/23)
Chuck Trimble: Book shares truth about genocide of our people (11/23)
Mark Trahant: Who will be a Barack Obama for Indian Country? (11/23)
James Giago Davies: The greatest evil facing our communities (11/23)
Jay Daniels: Mascot opponents take aim at beloved 'Sooners' (11/23)
John Yellowbird Steele: Restore tribal sovereignty over labor (11/23)
Steve Russell: Just ask Indian people about wars over religion (11/23)
Donna Loring: Native youth are changing lives with their music (11/23)
Adrianne Chalepah: Voices of Native women need to be heard (11/23)
Mark Anthony Rolo: Bad River Band puts major focus on health (11/23)
Marc Simmons: Site of Apache chief Victorio's death in dispute (11/23)
Oglala Sioux Tribe loses grant for suicide prevention program (11/23)
Native actors speak Abenaki language in 'Saints & Strangers' (11/23)
Rep. Markwayne Mullin backing Sen. Marco Rubio for president (11/23)
Opinion: Native people seek a mutual partnership with Canada (11/23)
Opinion: Native Hawaiian group does not represent the people (11/23)
Paula Terwilliger: Non-Indian casino undermines tribal success (11/23)
David Collins: Shame on Eric Holder for opposing tribal casino (11/23)
Aquinnah Wampanoag Tribe to appeal decision in casino case (11/23)
Editorial: Reject Spokane Tribe off-reservation casino project (11/23)
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.