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
Dynamic Homes
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:
Sen. Barrasso introduces another version of land-into-trust fix (7/29)
Lakota Country Times: Youth come to Pine Ridge for 'Exposures' (7/29)
Charles Trimble: Being mixed-race Indian and being proud of it (7/29)
Congress fails to provide funds to help tribes comply with VAWA (7/29)
Suit alleges tribal leaders received kickbacks from lobbying firm (7/29)
Hillary Clinton refuses to answer questions about Keystone XL (7/29)
Judge upset with delay in drilling dispute affecting sacred land (7/29)
Tribal leaders scale back plans to regulate energy development (7/29)
Fort Belknap Indian Community awaits tests in deaths of bison (7/29)
Public school board in Indiana votes to eliminate 'Indian' mascot (7/29)
Judge orders Aquinnah Wampanoag Tribe to stop work on casino (7/29)
Fond du Lac Band prevails yet again in long-running casino feud (7/29)
Chukchansi Tribe hosts job fair amid hopes of reopening casino (7/29)
Cowlitz Tribe still working on design plans for contested casino (7/29)
Indian Health Service discusses LGBT issues in historic meeting (7/28)
Haskell students to study fracking on North Dakota reservation (7/28)
Erica Pinto makes history as first woman leader of Jamul Village (7/28)
Native Sun News: Young artist wins top award at Native market (7/28)
Lakota Country Times: Oglala Sioux Tribe hosts war pony races (7/28)
Steve Russell: The hypocrisy of race and Cherokee citizenship (7/28)
Terese Marie Mailhot: I was raised to be angry at White women (7/28)
Dina Gilio-Whitaker: Indian Country stuck with bad Republican (7/28)
Aaron Angerman: Alaska Natives not consulted about mine plan (7/28)
IHS hired physician who was sanctioned by Justice Department (7/28)
Cherokee Nation candidate emerges victorious in new election (7/28)
Ponca Tribe reclaims small part of ancestral lands in Nebraska (7/28)
Tuscarora Nation returns to ancestral home in North Carolina (7/28)
9th Circuit sides with Suquamish Tribe in fishing rights dispute (7/28)
10th Circuit affirms convictions of former Paiute Tribe employee (7/28)
Warm Springs Tribes welcome early start to huckleberry season (7/28)
Young man from Omaha Tribe sentenced for sexual abuse of child (7/28)
Makah Nation man charged for assault during attempted escape (7/28)
Miami Nation stays out of public school mascot debate in Indiana (7/28)
Tohono O'odham Nation wins round in casino battle with Arizona (7/28)
Wisconsin asks Supreme Court to rule on Ho-Chunk Nation poker (7/28)
Navajo Nation Council passes tax on alcohol at gaming facilities (7/28)
Seminole Tribe reiterates request for mediation in casino dispute (7/28)
Mohegan Tribe fired worker who helped casino regular break rules (7/28)
War of words escalates on mine at sacred Apache site in Arizona (7/27)
Senate Committee on Indian Affairs to take up land-into-trust fix (7/27)
Senate panel sets hearing on substance abuse in Indian Country (7/27)
Red Lake Nation schedules August 19 referendum on liquor sales (7/27)
Poarch Creeks win injunction blocking county from imposing tax (7/27)
Native Sun News: Indian elders suffer from higher dementia risk (7/27)
Lakota Country Times: Lawmakers hear about tribal economies (7/27)
Mark Trahant: Press the Republican candidates on Indian issues (7/27)
Brandon Ecoffey: Race remains an issue for police in Rapid City (7/27)
Cynthia Dunne: Justice has been served in Leonard Peltier case (7/27)
Carly McIntosh: Native name brings me closer to Mother Earth (7/27)
Mississippi Choctaw family seeks answers for county jail death (7/27)
Judge can't reopen Keepseagle case after $380M goes unspent (7/27)
Eastern Pequot Tribal Nation won't drop federal recognition bid (7/27)
Editorial: New Jersey governor quietly obliterates three tribes (7/27)
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.