JURISDICTION ON INDIAN RESERVATIONS HEARINGS BEFORE THE SELECT COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE NINETY-SIXTH CONGRESS SECOND SESSION ON S. 1181 TO AUTHORIZE THE STATES AND THE INDIAN TRIBES TO ENTER INTO MUTUAL AGREEMENTS AND COMPACTS RESPECTING JURISDICTION AND GOVERNMENTAL OPERATIONS IN INDIAN COUNTRY; S. 1722 THE REFORM OF FEDERAL CRIMINAL LAW PARTICULARLY WITH RESPECT TO SECTION 161 (i) PROVIDING FOR RETROCESSION OF JURISDICTION TO THE UNITED STATES FROM STATES THAT PREVIOUSLY ASSUMED SUCH JURISDICTION UNDER PUBLIC LAW 83-280; AND THE FEDERAL MAGISTRATES CONCEPT; AND S. 2832 TO ESTABLISH A SPECIAL MAGISTRATE WITH JURISDICTION OVER FEDERAL OFFENSES IN INDIAN (INTRODUCED JUNE 16, 1980) COUNTRY 62-696 O MARCH 17, 18, AND 19, 1980 WASHINGTON, D.C. U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1980 (II) SELECT COMMITTEE ON INDIAN AFFAIRS JOHN MELCHER, Montana, Chairman DANIEL K. INOUYE, Hawaii WILLIAM S. COHEN, Maine MARK O. HATFIELD, Oregon MAX I. RICHTMAN, Staff Director Adams, Roger, general litigation section, Criminal Division, Department Alvarez, Richard, tribal council member, Chemehuevi Indian Tribe_- Andrade, Ronald P., executive director, National Congress of American Bennett, Linda, public lands specialist, National Association of Counties__ DeLa Cruz, Joe, president, Quinault Business Committee___. Deloria, Sam, director, American Indian Law Center, University of New 154 152 Dunbar, David, National Tribal Chairmen's Association_ 152, 347 Frank, Bill, Jr., Nisqually Indian Tribe, prepared statement_ Hammond, Lawrence A., Deputy Assistant Attorney General, Department 193 Lavis, Rick, Deputy Assistant Secretary for Indian Affairs, Department of 117 Leivas, Matthew, Chemehuevi Indian Tribe_. 175 Martin, Phillip, tribal chief, Mississippi Band of Choctaw Indians.. McCabe, Franklin, Jr., chairman, tribal council, Colorado River Indian 157 Meissner, Doris, Assistant Director, Office of Justice Policy and Planning, 214 Murphy, Malachy R., deputy attorney general, State of Washington__ 137 Pauley, Roger A., director, Office of Legislative Affairs, Department of Pirtle, Robert L., general counsel, Colville Conferedated Tribes, The Makah Tribe, the Suquamish Tribe, and the Metlakatla Indian com- Powless, John, administrative aide, Colorado River Indian Tribes___ Reeser, Ralph, chief, Legislative Liaison Office, Bureau of Indian Affairs_-_ Sampson, Melvin, legislative committee chairman, Yakima Indian Tribe of Suarez, Gene, chief, Law Enforcement Agency, Department of the Interior_ 117 65 193 Prepared statement____ 325 Walker, Hans, Acting Associate Solicitor, Department of the Interior__ 117 135 JURISDICTION ON INDIAN RESERVATIONS MONDAY, MARCH 17, 1980 U.S. SENATE, SELECT COMMITTEE ON INDIAN AFFAIRS, The committee met, pursuant to notice, at 10:10 a.m., in room 457, Russell Senate Office Building, Senator John Melcher (chairman of the committee) presiding. Present: Senator Melcher and Senator DeConcini. Staff present: Max Richtman, staff director; Peter Taylor, special counsel; Jo Jo Hunt, staff attorney; Tim Woodcock, staff attorney; and John Mulkey, professional staff member. Senator MELCHER. The Select Committee on Indian Affairs will come to order. This morning we are meeting on the first of 3 days of hearings on jurisdiction on Indian reservations. There are several concepts to be discussed. The first thing I would like to draw to your attention is a section in S. 1722, the bill to reform the Federal criminal law. In this bill the Congress is rewriting the entire Federal criminal law. One section of S. 1722, section 161 (i), deals with retrocession of jurisdiction to the United States from States that previously assumed jurisdiction under Public Law 83-280. That is a very small part of S. 1722. So, the only testimony we are interested in, on that particular bill, is just on that one section of S. 1722. We are also going to hear testimony today on S. 1181 which would authorize the States and the Indian tribes to enter into mutual agreements and compacts respecting jurisdiction and governmental operations in Indian country. A very similar bill was passed by the Senate in the last Congress but was not enacted by the House, so it is here before us again in the committee. We would be pleased to have your testimony concerning that bill. The third matter we are going to receive testimony on deals with the concept of having a Federal magistrate hold certain powers on an Indian reservation. There is no particular bill on that. We have a concept as a proposal which we will distribute during these hearingsa three or four page summary of the bare bones of our feelings. The Federal magistrates system, as it now operates, does not look as if it will fill the gap we are trying to fill. So, whatever we do on the concept of the Indian reservation will give additional powers to a Federal magistrate, with specific powers to specific authorities on the reservation-the magistrate, or the special U.S. Justice of the Peace, whatever the title, it makes no difference. The question is whether or not a Federal authority, as part of a Federal court on an (1) |