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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

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SELECT COMMITTEE ON INDIAN AFFAIRS

JOHN MELCHER, Montana, Chairman

DANIEL K. INOUYE, Hawaii
DENNIS DECONCINI, Arizona

WILLIAM S. COHEN, Maine MARK O. HATFIELD, Oregon MAX I. RICHTMAN, Staff Director

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154

152
80, 152

Dunbar, David, National Tribal Chairmen's Association_
Ernstoff, Barry, attorney, Ziontz, Pirtle, Morisett, Ernstoff & Chestnut,
Seattle, Wash__

152, 347

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Hammond, Lawrence A., Deputy Assistant Attorney General, Department
of Justice....

193

Lavis, Rick, Deputy Assistant Secretary for Indian Affairs, Department of
the Interior__

117

Leivas, Matthew, Chemehuevi Indian Tribe_.

175

157

Meissner, Doris, Assistant Director, Office of Justice Policy and Planning,
Department of Justice, prepared statement__.

214

JURISDICTION ON INDIAN RESERVATIONS

MONDAY, MARCH 17, 1980

U.S. SENATE,

SELECT COMMITTEE ON INDIAN AFFAIRS,
Washington, D.C.

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

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