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Tribal
Links
Federal and State Recognized Tribes - National Conference of State Legislatures
"The following state-by-state listing of Indian tribes or groups are federally recognized and eligible for funding and services from the Bureau of Indian Affairs (BIA), there are currently 574 federally recognized tribes."
General Guide to Criminal Jurisdiction in Indian Country - Tribal Court Clearinghouse
"Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction Guide for Drafting or Revising Tribal Laws to Implement the Enhanced Sentencing Provisions of the Tribal Law and Order Act (TLOA) and the Special Jurisdiction Provisions of the Violence Against Women Reauthorization of 2013 (VAWA 2013) provides guidance for tribes who are interesting in implementing the enhanced sentencing provisions in TLOA and/or the special domestic violence criminal jurisdiction over non-Indians provisions in VAWA 2013. This resource provides an overview of the enhanced powers recognized by each statute and explores ways that tribes can comply with the requirements of the federal statutes. The resource contains five sections and fourteen chapters. Part I provides an overview of the statutes, background, and considerations in deciding whether to implement. Parts II, II, and IV examine in more detail the requirements tribes must meet in order to exercise the powers recognized by TLOA and VAWA 2013. Part V. provides links to relevant online resources and a model tribal code."
Tribal Governance - National Congress of American Indians
Consolidated Tribal Governance by the National Congress of American Indians
Documents
Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction Guide for Drafting or Revising Tribal Laws to Implement the Enhanced Sentencing Provisions of the Tribal Law and Order Act (TLOA) and the Special
"Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction Guide for Drafting or Revising Tribal Laws to Implement the Enhanced Sentencing Provisions of the Tribal Law and Order Act (TLOA) and the Special Jurisdiction Provisions of the Violence Against Women Reauthorization of 2013 (VAWA 2013) provides guidance for tribes who are interesting in implementing the enhanced sentencing provisions in TLOA and/or the special domestic violence criminal jurisdiction over non-Indians provisions in VAWA 2013. This resource provides an overview of the enhanced powers recognized by each statute and explores ways that tribes can comply with the requirements of the federal statutes. The resource contains five sections and fourteen chapters. Part I provides an overview of the statutes, background, and considerations in deciding whether to implement. Parts II, II, and IV examine in more detail the requirements tribes must meet in order to exercise the powers recognized by TLOA and VAWA 2013. Part V. provides links to relevant online resources and a model tribal code"
Combined Jurisdictions
Links
Legislative updates regarding missing and murdered indigenous women and girls - Urban Indian Health Institute
"In November 2018, we released a report that details the lack of data surrounding the missing and murdered indigenous women and girls crisis in the United States. This report has brought much needed attention to the crisis, and we’ve seen an uptick in legislation created to make sure our women and girls remain safe."
National Indian Law Library
"The National Indian Law Library (NILL) of the Native American Rights Fund is a law library devoted to federal Indian and tribal law. NILL maintains a unique and valuable collection of Indian law resources and assists people with their Indian law-related research needs."
Documents
Jurisdiction and Crime Victims’ Rights
"This 20 x 24” informational poster provides an overview of how jurisdiction works in Indian country and the legal rights of crime victims. It includes specific information related to tribal, state, federal and shared jurisdiction, as well as charts covering criminal jurisdiction inside and outside of PL 280 states."
State
Links
Arizona's Study Committee on Missing and Murdered Indigenous Women and Girls - Final Report
"Arizona's Study Committee on Missing and Murdered Indigenous Women and Girls has posted its final report, including dozens of specific legislative, law enforcement and other policy recommendations to address the ongoing crisis. After nearly a year of in-depth research, which was slowed by COVID-19 and some enforcement agencies choosing not to participate, Arizona got its clearest picture to date of the increasing crisis of missing and murdered Indigenous women and girls." - News Release, Arizona Legislature Indigenous Peoples Caucus
Arizona Criminal Justice Commission
"Our mission is to continuously address, improve, sustain and enhance public safety in the State of Arizona through the coordination, cohesiveness and effectiveness of the Criminal Justice System."
Governor Ducey Signs Bill Taking Action For Missing and Murdered Indigenous Women And Girls - Office of the Governor
"Governor Doug Ducey today joined families, tribal leaders, members of law enforcement, elected officials and more to sign H.B. 2570, legislation establishing a 21-member Study Committee on Missing and Murdered Indigenous Women and Girls. The new committee will consist of members of law enforcement, Arizona’s Native American tribes, family members of the murdered and missing and additional victim advocates."
HB 2570 - State of Arizona House of Representatives
"An Act establishing a study committee on missing and murdered indigenous women and girls."
Victim Compensation & Restitution - Arizona Attorney General Mark Brnovich
"Arizona, like every state, administers a crime victim compensation program that provides financial assistance to victims of both federal and state crimes"
Documents
House Bill 2098
"AN ACT AMENDING TITLE 8, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 5; RELATING TO PUBLIC SAFETY."
House Bill 2099
"AN ACT AMENDING LAWS 2019, CHAPTER 232, SECTION 1; APPROPRIATING MONIES; RELATING TO THE STUDY COMMITTEE ON MISSING AND MURDERED INDIGENOUS PEOPLES."
Reducing Missing and Murdered Indigenous Women and Girls - School of Criminology and Criminal Justice, Arizona State Universities, in partnership with the House Bill 2570 Legislative Study Committee
"The United States is now waking up to the fact that Indigenous Peoples have been oppressed by the dominant (non-Indigenous) culture for centuries. This oppression continues today and has led to a national and international crisis involving missing and murdered Indigenous Peoples (MMIP)."
SB 1253
"AN ACT ESTABLISHING A STUDY COMMITTEE ON MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS."
Study Committee on Missing and Murdered Indigenous Women and Girls
To: (1) conduct a comprehensive study to determine how this State can reduce and end violence against indigenous women and girls in this State; (2) establish methods for tracking and collecting data on violence against indigenous women and girls, including data on missing and murdered indigenous women and girls; (3) review policies and practices that impact violence against indigenous women and girls, such as child welfare policies and practices; (4) review prosecutorial trends and practices relating to crimes of gender violence against indigenous people; (5) gather data on violence against indigenous women and girls in this State; (6) determine the number of missing and murdered indigenous women and girls in this State; (7) identify barriers to providing more state resources in
tracking violence against indigenous women and girls and reducing the incidences of violence; (8) propose measures to ensure access to culturally appropriate victim services for indigenous women and girls who have been victims of violence; (9) propose legislation to address issues identified by the Study Committee and submit a report regarding the Study Committee's activities and recommendations for administrative or legislative action on or before November 1, 2020 to the Governor, the President of the Senate and the Speaker of the..."
Federal
Links
18 U.S. Code § 1151 - Indian country defined
"Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same."
679. THE MAJOR CRIMES ACT—18 U.S.C. § 1153 - U.S. Department of Justice Archives
"Section 1153 of Title 18 grants jurisdiction to federal courts, exclusive of the states, over Indians who commit any of the listed offenses, regardless of whether the victim is an Indian or non-Indian. See United States v. John, 437 U.S. 634 (1978). It remains an open question whether federal jurisdiction is exclusive of tribal jurisdiction. Duro v. Reina, 495 U.S. 676, 680 n. 1 (1990). See also Wetsit v. Stafne, 44 F.3d 823 (9th Cir. 1995). The enumerated offenses are, for the most part, defined by distinct federal statutes. Those offenses which are not defined and punished by federal law are to be defined and punished in accordance with the law of the state where the crime was committed. See 18 U.S.C. § 1153(b)."
Attorney General William P. Barr Launches National Strategy to Address Missing and Murdered Indigenous Persons - U.S. Department of Justice
"Federal prosecutors and the FBI to enhance investigations into Missing Persons, and Develop Protocols for Law Enforcement, Improvements to Data Collection and Analyses, Training and Technical Assistance"
Executive Order on Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People
"By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows: Section 1. Policy. The safety and well-being of all Native Americans is a top priority for my Administration. My Administration will work hand in hand with Tribal Nations and Tribal partners to build safe and healthy Tribal communities and to support comprehensive law enforcement, prevention, intervention, and support services."
Fact Sheet: Reauthorization of the Violence Against Women Act (VAWA)
"This week, President Biden signed into law the Violence Against Women Act Reauthorization Act of 2022, bipartisan legislation passed by Congress as part of the Omnibus appropriations package."
FBI Seeks Public's Assistance in Homicide and Missing Person Investigations in Navajo Nation -
"The FBI has published more than a dozen posters in the Navajo language to request the public’s help with homicide and missing-person investigations on or near the Navajo Nation. The 13 posters include photographs, incident details, physical descriptions, and in many cases, rewards."
GAO-11-167R U.S. Department of Justice Declinations of Indian Country Criminal Matters - U.S. Government Accountability Office
"The Department of Justice (DOJ) has reported that the crime rates experienced by
members of Congress have raised questions over recent press reports that federal
American Indians are two and a half times higher than those experienced by the
general population in the United States. Specifically, from 1992 to 2001 American
Indians experienced violent crimes at a rate of 101 violent crimes per 1,000 person
annually, compared to the national rate of 41 per 1,000 persons."
H.R.1585 - Violence Against Women Reauthorization Act of 2019
"To reauthorize the Violence Against Women Act of 1994, and for other purposes."
H.R.2029 - Studying the Missing and Murdered Indian Crisis Act of 2019
"This bill requires the Government Accountability Office to report on the response of law enforcement agencies to reports of missing or murdered Native Americans and to make recommendations on how to improve the utilized databases and notification systems."
Missing and Murdered Indigenous People - Bureau of Indian Affairs, U.S. Department of the Interior
"The Missing and Murdered Unit within the Office of Justice Services focuses on analyzing and solving missing and murdered cases involving American Indians and Alaska Natives."
Missing or Murdered Indigenous Women - U.S. Government Accountability Office
"New Efforts Are Underway but Opportunities Exist to Improve the Federal Response"
The Presidential Task Force on Missing and Murdered American Indians and Alaska Natives - U.S. Department of Justice
"Under Executive Order 13898, the Task Force was directed to conduct consultations; develop model protocols to apply to new and unsolved cases of missing or murdered persons in American Indian and Alaska Native (AI/AN) communities, including best practices for law enforcement response, data sharing, and better use of databases; establish multi-disciplinary and multi-jurisdictional teams to review cold cases that involve missing and murdered AI/AN; and develop both an education/outreach campaign and a public awareness campaign."
A Proclamation on Missing Or Murdered Indigenous Persons Awareness Day, 2022 - President Joseph Biden
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 5, 2022, as Missing or Murdered Indigenous Persons Awareness Day. I call on all Americans and ask all levels of government to support Tribal governments and Tribal communities’ efforts to increase awareness of the issue of missing or murdered Indigenous persons through appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-sixth.
Protecting Native American and Alaska Native Women from Violence: November is Native American Heritage Month - U.S. Department of Justice Archives
"Last month I was honored to chair the Department of Justice’s 7th Annual Government-to-Government Consultation on Violence Against Native Women. During the consultation I had the opportunity to hear from tribal leaders from across the nation who share the department’s commitment to the safety of Native American women and children."
Recent Testimony & Speeches - National Congress of American Indians
"NCAI regularly submits testimony on the issues that are important to Tribal Nations. Also available in this resource database are speeches delivered by NCAI leadership. Together, these tools serve as a means of letting policy makers and the public know what is important to tribal nations."
S.227 - Savanna's Act
"This bill directs the Department of Justice (DOJ) to review, revise, and develop law enforcement and justice protocols to address missing or murdered Native Americans."
S.1942 - Savanna's Act
"This bill directs the Department of Justice (DOJ) to review, revise, and develop law enforcement and justice protocols to address missing and murdered Indians."
S.3623 - Violence Against Women Act Reauthorization Act of 2022
"Introduced in Senate (02/09/2022)
Violence Against Women Act Reauthorization Act of 2022
This bill modifies and reauthorizes through FY2027 programs and activities under the Violence Against Women Act that seek to prevent and respond to domestic violence, sexual assault, dating violence, and stalking.
The bill also authorizes new programs, makes changes to federal criminal laws, and establishes new protections to promote housing stability and economic security for victims of domestic violence, sexual assault, dating violence, and stalking."
U.S. Supreme Court Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978)
"Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress. Pp. 435 U. S. 195-212."
Documents
116th Congress, 2D Session S. 982 - The Not Invisible Act of 2019
"AN ACT To increase intergovernmental coordination to identify and combat violent crime within Indian lands and of Indians."
Executive Order 13898 of November 26, 2019 Establishing the Task Force on Missing and Murdered American Indians and Alaska Natives -
"By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the operation of the criminal justice system and address the legitimate concerns of American Indian and Alaska Native communities regarding missing and murdered people—particularly missing and murdered indigenous women and girls—it is hereby ordered as follows:"
HB 2570
"AN ACT ESTABLISHING A STUDY COMMITTEE ON MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS."
Legislative Proposal for HONORING PROMISES TO NATIVE NATIONS ACT - Congresswoman Deb Haaland and Senator Elizabeth Warren
"The purpose of this proposed legislation is to implement the recommendations of Broken
Promises: Continuing Federal Funding Shortfall for Native Americans, a report by the U.S. Commission on Civil Rights, and to advance other priorities that address chronic underfunding and barriers to sovereignty and self-governance in Indian Country."
Not Invisible Act Joint Commission on Reducing Violent Crime Against Indians - Bureau of Indian Affairs, U.S. Department of the Interior
"This notice requests public nominations for the U.S. Department of the Interior (DOI)’s Joint Commission on Reducing Violent Crime Against Indians (Commission) as outlined in Section 4 of the Not Invisible Act of 2019. The Commission will develop recommendations for the Secretary of the Interior (Secretary) and the Attorney General on actions the Federal Government can take to increase intergovernmental coordination to identify and combat violent crime on Indian lands and against Indians. The DOI is soliciting comments and nominations for qualified individuals to serve as non-Federal Commission members."
Testimony for Honorable Amber Kanazbah Crotty 23rd Navajo Nation Council Delegate Before the U.S. Senate Committee on Indian Affairs Oversight Hearing “Missing and Murdered: Confronting the Silent Crisis in Indian Country.”
Chairman Hoeven, Ranking Member Udall, Members of the Committee, thank you for this opportunity to testify on behalf of the Navajo Nation to address missing and murdered people in Indian Country. I am Navajo Nation Council Delegate Amber Kanazbah Crotty and I thank you for your
commitment to prioritize public safety for Indian Country as it pertains to missing and murdered indigenous people. We recognize and appreciate your tireless efforts working on behalf of Tribes and would like to take this opportunity to thank this Committee for holding this hearing."
U.S. Commission on Civil Rights Briefing National Congress of American Indians, Written Statement
"The U.S. Commission on Civil Rights (USCCR) held a public briefing on February 19th, 2016 to examine education, health, public safety, housing, rural development and economic opportunity in the Native American Community. The report, "Quiet Crisis: Federal Funding and Unmet Needs in Indian Country, 2016 Update," reexamines and reviews the efforts made by the federal government as a follow-up to the Commission's 2003 report. NCAI's Executive Director, Jacqueline Pata participated in USCCR's public briefing as a panelist."
Violence Against Women Act Reauthorization Act of 2022Section-by-Section Summary
"The Violence Against Women Act Reauthorization Act of 2022contains provisions that reflect Tribal stakeholder and Native community input gathered over years of Committee oversight and legislative activity on public safety in Tribal, Alaska Native, and Native Hawaiian communities. More recently, the Chairman, Vice Chairman, and Committee Members’ offices jointly examined solutions to address violence against Native peoples and restore justice to Native communities".
