Tribes Discuss Change in U.S. Law Enforcement on Native Lands Story-Date: 01:10 p.m. PST Sunday , December 28, 1997 ------------------------------------------------------------ Tribes Discuss Change in U.S. Law Enforcement on Native Lands By Carrie Goeringer, Indian Country Today, Rapid City, S.D. Knight-Ridder/Tribune Business News Dec. 29--Recently in Oklahoma City, the leaders of Oklahoma's 37 tribes met with resource people from Oklahoma's Tax Commission, the Office of Juvenile Affairs and Department of Corrections. Also attending were the special Counsel to the Governor on Indian Affairs, BIA Office/Muskogee Area, and the National Indian Gaming Commission, to discuss tribal concerns about the possible takeover of police functions in Indian country by the Department of Justice. They had roughly two hours to do it. Walt Lamar, Wichita tribal member and Special Agent with the Oklahoma City FBI, said, "discussions were initiated by the Department of Justice and the Department of the Interior with Indian tribes to determine whether or not law enforcement functions should stay with the Department of Interior or go to the Department of Justice, as an entirely new organization which would oversee Indian country law enforcement." A copy of a report prepared by U.S. Attorneys, federal officials and tribal leaders was passed out at the Oklahoma City Summit. It calls for a choice of two options to deal with a lack of police protection and a rising crime rate on Indian lands. The report calls the current situation a "public safety crisis I and reported crime in Indian country is twice as likely to be violent as crime reported elsewhere in the U.S. ... with fewer than half as many law enforcement officers per capita." The two options outlined include a consolidation of criminal investigations, uniformed police, and detention services under the budgetary authority of the BIA's Office of Law Enforcement Services, with Department of Justice assistance only. Or a transfer of all law enforcement programs from the BIA to the Department of Justice with Indian hiring preference and contracting/compacting authority maintained. Under the second option, the Department of Justice would create a new Indian Country Law Enforcement Bureau which might better deflect budget cuts. There has been discussion and dialogue with Indian country leaders all over the United States regarding the proposals. The Interior and Justice Departments have until the end of the year to recommend a plan for dealing with Indian country crime so it can be included in the president's 1999 budget. At the Oklahoma City Summit Walt Lamar explained, "we invited some resource people here today that will be able to hear those (tribal leaders) concerns. There has to be lines of communication between the people that offer those services in criminal justice and the people that realize those benefits ... likewise with the FBI ... that's very important for us to know what our report card is out there. "This is not going to solve all these issues today. We've got to let these resource people know what those issues are and tell their associates in the state and federal government, 'You need to be there to listen to these issues the next time these tribal leaders get together.' " While the Indian Country Law Enforcement Report was passed out at the summit Mr. Lamar summarized its findings, "After all was said and done it was kind of a toss up, whether the tribes wanted to go with the DOJ or whether they wanted to stay with the BIA. "I think you'll see in this report the discussion on both sides. The issue boils down to a primary issue which is money I it's money that is going to fund criminal justice in Indian country. The issue is being discussed and I expect that the president is going to make a ruling on it in very short order." In Oklahoma City, topics raised by tribal leaders and summit resource people included detention, juvenile crime, child molestation, gaming, trust status and law enforcement protection issues. Vernon Hunter, Caddo chairman, raised questions about the significant rise in child molestation on tribal lands. Jerry Regier, secretary, Oklahoma Health and Human Services, pointed to the general break down of family structure throughout America and Indian country. "Increasingly we have non-blood relatives in the home," he said, "and lack of supervision." Chairman Hunter made the comment, "we're going with the general population in this bad trend." Several tribal officials emphasized personal problems they've experienced with inadequate law enforcement service as it now exists and little or no detention services, especially for adolescents. The complexity of the issues raised and the duration of resource speakers' answers, sometimes without direct conclusion, angered some tribal leaders. After several tribal members' questions were not answered directly, Raymond Butler, chairman Otoe-Missouria, urged speakers to "get to the point, we're only gathered here for one day. Lets get to the point. Speak from your heart." The roughly two hours scheduled for the summit did not allow time for the introduction of all the resource people or their specific areas of discussion. Jerry Regier, with Oklahoma Health and Human Services, suggested that resource people go to communities and listen to what people need. Mr. Regier added, "if any community member represented here comes to me and says this is the problem we're having in our juvenile delinquency area I will sit down with you and say 'what are the barriers to you solving that problem?" Walt Lamar apologized for the brevity of time scheduled and asserted to tribal leaders, "you have to be an advocate everyday for your people, not just at a meeting like this today. You start getting upset and put the blame out here... but we had that meeting about law enforcement in Indian country and only one tribe showed up." At that point Henry Kostzuta, chairman of the Apache Tribe, walked out of the meeting. Mr. Lamar apologized if he had offended him. Grace Bunner, Chief, Thlopthlocco Tribe Town, cautioned tribal leaders that the problems being presented were not an endorsement of the Department of Justice to takeover BIA law enforcement. She added, "the comments you're hearing are problems that are common to all of the tribes... we have problems within the Bureau we need to correct, but, the same amount of money can be put with Bureau law enforcement training." Jim Fields, BIA Area director, Muskogee, concluded, 'there are still two options on the table. If you're against DOJ takeover you need to speak up. It does impact tribal services. This issue was raised at the November 17 MCAI meeting in Santa Fe and they took a no position on it." Henry Kostzuta, added, "I think we're on the right track but we're in the wrong place. I think we need to be talking to the Bureau, not the state. I'm a strong advocate of the BIA police." ----- 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. ------------------------------------------------------------