"On July 29, President Barack Obama signed into law the Tribal Law and Order Act. The act is a comprehensive piece of legislation that covers a wide range of pressing justice issues in Indian country. Sen. Byron Dorgan, D-N.D., made improving justice on reservations a high priority. Over a period of several years, congressional committees solicited the views of tribal communities, advocacy organizations, and tribal leaders. The unique needs and voices of tribal communities are clearly present in the TLOA.

Public safety efforts in tribal communities have long been underfunded and neglected. Tribal communities tend to be uncooperative with state and federal police, and tend to believe that tribal, state and federal courts do not provide fair decisions to tribal defendants or crime victims. Tribal communities continue to believe tribal, state and federal police have not provided enough public safety to tribal citizens. State and federal police and courts are seen as culturally unaware, while many tribal police and court arrangements are seen as too often influenced by tribal family and political relations. Overall, the state of justice in Indian country is poor. The TLOA is a welcome initiative to focus funds and attention on program improvements, and inter-agency police, court and detention cooperation.

The TLOA seeks to improve federal prosecutions for crimes committed on reservations, encourages cross-deputization of tribal police, access to criminal data, and supports more training in the areas of domestic and sexual violence. There are programs for addressing alcohol and drug issues, which are often associated with crime on reservations. Juveniles are provided with more treatment possibilities. The act lays the groundwork for strengthening tribal courts, tribal police and tribal detention facilities.

Many tribal communities would like to administer their own courts, police and jails, but often don’t have enough resources, or feel they have government administration and organization for them to effectively carry out justice responsibilities. Tribal communities will need the funding and technical assistance offered by the TLOA. However, tribal communities need to believe that tribal, state and federal officers, courts and facilities will provide safe, fair and culturally aware treatment and serve the needs of tribal community members. The TLOA provides a good way toward technical assistance and funding, but the pathways to culturally acceptable and fair policing, courts and jails are not clearly outlined."

Get the Story:
Editorial: Our input still needed in Law and Order Act (Indian Country Today 9/3)

Indian Arts and Crafts Amendments Act:
H.R.725

Tribal Law and Order Act:
S.797 | H.R.1924

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