indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Great Plains tribes call for full contract funds (7/23)
Native Sun News: Candidate wants Obama to meet with tribes (7/23)
President Obama nominates Jonodev Chaudhuri to lead NIGC (7/23)
Native Sun News: Lakota War Path team wins world relay title (7/22)
Raina Thiele: Native youth participate in My Brother's Keeper (7/22)
Senate Committee on Indian Affairs looks into tribal gaming (7/22)
NIGC reports 'stable' growth in $28B tribal gaming industry (7/22)
Bail set at $5M for teens accused of murdering Navajo men (7/22)
Gyasi Ross: Indigenous children at border need to be heard (7/22)
Donna Ennis: Open border to indigenous sisters and children (7/22)
Jay Daniels: Land consolidation program isn't really working (7/22)
Mark Rogers: Reality of being an invisible Indian in New York (7/22)
Center: Report outlines harmful effects of 'Indian' mascots (7/22)
Yurok Tribe combats illegal marijuana farms on reservation (7/22)
County drops opposition to CSKT land-into-trust application (7/22)
Native youth hospitalized after being shot by police officer (7/22)
University of California welcomes Native youth to campus (7/22)
Unsettled: Questions linger on Passamaquoddy leadership (7/22)
WCAI: Mashpee Wampanoag Tribe won't join Plymouth 400 (7/22)
Opinion: Oglala Sioux Tribe could benefit from new currency (7/22)
Al Jazeera: Organization celebrates Black-Indian heritages (7/22)
First Nations leader in Manitoba faces scrutiny on spending (7/22)
Members of remote tribe receive care before heading home (7/22)
Coeur d'Alene Tribe axes Ted Nugent at casino over racism (7/22)
Menominee Nation outlines need for off-reservation casino (7/22)
Wyandotte Nation off-reservation casino lawsuit dismissed (7/22)
Editorial: Progress on Tohono O'odham Nation gaming plan (7/22)
Tim Giago: Treat alcoholism and drug addictions as diseases (7/21)
Charles Trimble: No longer a Wannabee with Oglala tribal ID (7/21)
Doug George-Kanentiio: Mohawk Nation endures 800+ years (7/21)
Native Sun News: Tribes seek final judgment in ICWA dispute (7/21)
Native Sun News: Paper takes home awards at NAJA meeting (7/21)
Travis Armstrong: Newspaper unfairly targets Morongo Band (7/21)
James Rawlings: Connecticut tries to deny tribal recognition (7/21)
Ryan Bellerose: Indigenous people win with truth on our side (7/21)
Opinion: Warfare caused genocide among New England tribes (7/21)
Editorial: A landmark decision for tribal sovereignty in Alaska (7/21)
Al Jazeera: Advocates seek inclusion of Alaska tribes in VAWA (7/21)
Teens accused of killing homeless Navajo men in New Mexico (7/21)
Shoni Schimmel earns most valuable player at WNBA All-Stars (7/21)
Daily Beast: Native lacrosse players encounter racism on field (7/21)
James Garner, actor with Cherokee heritage, passes on at 86 (7/21)
More people turn in human remains to Washington authorities (7/21)
Lytton Band donates $1M to bolster land-into-trust application (7/21)
Unsettled Ch. 23: Passamaquoddy leader indicted for stealing (7/21)
Man awaits trial for slaying of Chitimacha Tribe's police officer (7/21)
Editorial: No rubes at Quechan Nation in saying no to NFL team (7/21)
Wyandotte Nation agrees with dismissal of casino site lawsuit (7/21)
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.