Tribal Leaders, Feds Talk Crime Story-Date: 12:33 p.m. PST Sunday , September 28, 1997 ------------------------------------------------------------ Tribal Leaders, Feds Talk Crime By K. Marie Porterfield, Indian Country Today, Rapid City, S.D. Knight-Ridder/Tribune Business News WASHINGTON, D.C.--Sep. 29--This month tribal leaders are meeting with U.S. Attorneys throughout the nation in order to explore solutions to the rising tide of crime in Indian country. Since 1992, homicide on American Indian reservations has risen by 87 percent -- at the same time it fell nationwide by 22 percent. "The current system isn't adequate or appropriate," said Ron Allen, president of the National Congress of American Indians. "It's a mix between tribal police for civil matters, BIA police and the Justice Department for criminal matters. Some tribes contract out their police. There has to be a better approach." The consultations were scheduled as a result of President Clinton's memo to Attorney General Janet Reno and Secretary of the Interior Bruce Babbitt directing the officials to work with tribal leaders to address law enforcement problems in Indian country. Recent meeting have focused on restructuring reservation criminal justice so that it is administered by the BIA, the Department of Justice or a variation of the two. Arguments for shifting the responsibility to the Justice Department include enhancing programs and giving them more credibility. More money is the main incentive. "They're telling us that the same thing will happen as when the Indian Health Service was taken from the BIA and put under Health and Human Services," Mr. Allen said. "The budget got bigger." The meeting agendas are enforcement-driven, according to Mr. Allen who said, "We need to be looking at the court systems and the detention needs as well." He cited lack of time as a reason for the narrow focus on restructuring. "The material is due in October, so we are moving fast," he said. Tribal leaders' suggestions for improving the system will be presented to an executive committee for analysis. According to the Justice Department, a report will be ready for presidential review by the end of December. Tom LeClaire, director of the Office of Tribal Justice in the U.S. Department of Justice, said the genesis of the restructuring move came from a 1994 conference in Albuquerque. To some extent, as a result of BIA budget cuts, it has already happened, leading some tribal officials to suspect the meetings are being called to gain their endorsement for a done deal. "The financial cuts to law enforcement over the past few years have been devastating," Mr. LeClaire said. Last year the BIA slashed 32 criminal investigators from its payroll. About 90 remain today. "It was a substantial reduction of force," he said. In response, the FBI increased the number of special agents assigned to Indian country by 30 and created the Indian country investigative desk. Although the move neutralized the impact of the BIA budget crunch, it was only a stop gap measure, according to Mr. LeClaire. South Dakota U.S. Attorney Karen Schreier believes lack of funding is a major cause of the soaring reservation crime rate in South Dakota. The U.S. Attorney's office for the District of South Dakota filed charges against 325 defendants, in 1996. In 1993, only 127 charges were filed. "Criminal justice on the reservations desperately needs a solid base of funding," she said. "It takes funding to make certain law enforcement officers, criminal investigators, court officials and detention personnel are properly trained." Although tribal leaders are excited about the prospect of increased funding to help make their reservations safer, giving the Justice Department complete authority over criminal justice programs has drawbacks. "Some tribes feel the move will spread American Indian concerns over the system too thin," Mr. Allen said. "They feel that when this is done, the government loses it's sense of treaty obligations to the American Indian people." At an October 17 meeting with the U.S. Attorney in Pierre, S.D., Oglala Sioux Tribal President John Steele questioned whether one program would work for the variety of cultures and conditions facing reservations across the nation. William Kindle, president of the Rosebud Sioux Tribe said more time was needed for discussion before he could say yes or no to the proposal. Archie Hoffman, secretary for the Cheyenne and Arapaho Tribes in Oklahoma, also believes tribes need more time before the matter is decided. "There was a meeting with the U.S. Attorney in Oklahoma last week, but the turn-out wasn't good, which was disappointing," he said. "We're calling for another meeting on the 25th." A position statement released by the Cheyenne and Arapaho Tribes of Oklahoma, raises questions they feel must be answered before giving their assent to the restructuring. In addition to the issue of trust responsibility they question whether the proposed move will weaken the tribe's jurisdictional ability and how the transfer of authority will affect the tribal court system. The tribes also want assurances that funding identified for American Indian criminal justice programs will not be lost within the system of the Justice Department. ----- Visit Indian Country Today on the World Wide Web at http://www.indiancountry.com/ ----- (c) 1997, Indian Country Today, Rapid City, S.D. Distributed by Knight-Ridder/Tribune Business News. ------------------------------------------------------------