March 22, 2004

The Honorable Judd Gregg
Chairman
Subcommittee on Commerce, Justice, State, the Judiciary
Committee on Appropriations
United States Senate
Washington, DC 20510

The Honorable Ernest Hollings
Ranking Member
Subcommittee on Commerce, Justice, State, Judiciary
Committee on Appropriations
United States Senate
Washington, DC 20510

Dear Mr. Chairman and Senator Hollings:

We are writing to ask you to support law enforcement programs that benefit our nation’s Native American communities. As you know, the federal government has both statutory and trust obligations to address crime in Indian country and to assist tribal governments with their justice systems. In order to fulfill these responsibilities, several years ago the Justice Department established the Indian Country Law Enforcement Improvement Initiative. We request adequate funding to support this effort.

While national rates are the lowest in years, crime on Indian lands continues to rise. Particularly disturbing is the violent nature of this crime; violence against women, juvenile and gang crime, and child abuse remain serious problems. The Bureau of Justice Statistics reports that American Indians experience the highest crime victimization rates in the nation – almost twice the national average.

We are disappointed by the Administration’s budget requests for tribal programs this year. Though the American Indian population is one of the fastest-growing in the country, and crime rates in Indian Country continue to rise while the rest of the nation experiences a prolonged decline, the Administration proposes to eliminate the tribal detention facilities construction program. Other programs are recommended for level funding or funding cuts. Therefore, we urge you to provide the following funding for Indian Country law enforcement and victim assistance programs:

COPS Indian Country Programs - $40,000,000
According to a March 2000 USA Today article, which quoted the Executive Director of the National Law Enforcement Officers Memorial Fund, “...20 police officers have died on reservations in the past decade, which makes them almost four times more likely to be killed than officers elsewhere in America." The lack of tribal law enforcement personnel and equipment is cited as the cause for these deaths. Tribal governments need additional officers to adequately police their communities.

Indian Tribal Courts - $10,000,000
The Tribal Courts Program provides funding to enhance the operations of tribal courts to address their burgeoning criminal and civil caseloads. Many tribal court systems still lack computers and basic tracking systems taken for granted by the rest of the nation’s judicial system. Tribal judges often have little institutional support, prosecutors are seriously overworked, and courts frequently lack public defenders for indigent people. As tribal court caseloads continue to grow, so does the need for funding.

Indian Tribal Justice Technical and Legal Assistance - $2,000,000
Title I of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (P.L. 106-559) authorizes the Attorney General to award grants for the purpose of improving tribal judicial systems through training, technical assistance and civil legal and criminal assistance. The Department is currently working with a national organization – the National Association of Indian Legal Services – to provide this assistance in tribal communities throughout the U.S. Given the need for these services in Indian country, $2 million to implement Sections 101, 102 and 103 of Title I of the Act is critical to advancing the cause of justice for Native people.

Tribal Correction Facilities Construction - $35,000,000
While the Administration budgets hundreds of millions of dollars for federal prison construction, it has again proposed eliminating the tribal facility program. Congress appropriated only $2 million in FY 2004, which does not begin to meet the need in Indian Country. According to the Bureau of Prisons, the number of Indian youth in custody has increased by nearly 300% since 1994. The high percentage of youth among the Native American population (with an average age of 18 on many reservations) contributes to these problems. Therefore, we strongly urge you to restore funding to the FY 2002 level.

Tribal Youth Program - $15,000,000
The Tribal Youth Program, funded under the Juvenile Justice and Delinquency Prevention Act, seeks to address the problem of juvenile and gang violence on reservations. The FBI, the BIA Office of Law Enforcement Services, and tribal law enforcement agencies report that juvenile and gang violence is on the rise in many Indian communities. Because reservation populations are so young, juvenile crime is a particular concern in tribal communities.

Tribal Violence Against Women Act Programs - $25,000,000
In a March 2002 statement to the Senate Committee on Indian Affairs, Principal Deputy Assistant Attorney General for the Office of Justice Programs Tracy Henke said, “[I]t is a sad fact that American Indian and Alaskan Native women still suffer disproportionately from domestic violence and sexual assault.” During her nomination process last year, Office on Violence Against Women Director Diane Stuart noted, “Addressing the specific issues facing American Indian/Alaska Native women requires a multi-pronged, holistic approach, as well as strong knowledge of the unique barriers that tribal communities face in the area of violence against women.” This will not be accomplished without adequate funding for prevention and intervention programs.

Alcohol and Crime Prevention - $5,000,000
Sadly, in more than half of all cases of violent crime against American Indians, the victims report that the offender was under the influence of alcohol, drugs, or both. This is the highest rate of any group in the country. We must support programs to break the cycle of substance abuse and family violence.

Thank you for your consideration of these concerns. Your assistance with continued funding for these programs will go a long way in helping to combat the problems of crime and violence on our Indian lands.

Sincerely,

Tom Daschle
United States Senate

Tim Johnson
United States Senate