Y 4. In 2/11: S.hrg. 101-394 S. HRG. 101-394 LAW ENFORCEMENT REFORM ACT HEARING BEFORE THE SELECT COMMITTEE ON INDIAN AFFAIRS ONE HUNDRED FIRST CONGRESS FIRST SESSION ON H.R. 498 TO CLARIFY AND STRENGTHEN THE AUTHORITY FOR CERTAIN DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT SERVICES, ACTIVITIES, AND OFFICERS IN INDIAN COUNTRY For sale by the Superintendent of Documents, Congressional Sales Office CONTENTS Statements: Abeita, Juan, tribal council member, Isleta Pueblo, NM.. Haley, Bruce, U.S. deputy special officer, BIA, Bellingham, WA... Hogen, Philip N., U.S. attorney, District of South Dakota, Sioux Falls, SD Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman, Select Joseph, Gene, chairman, Colville Legislative Committee; Colville Environ- mental Quality Commission, Colville Confederated Tribes, Nespelem, Lucero, Alvino, president, Isleta Pueblo Tribal Council, Isleta Pueblo, NM Manuel, Hilda, chief judge, Tohono O'odham Judiciary, Sells, AZ. McCain, Hon. John, U.S. Senator from Arizona, vice chairman, Select McNamee, Stephen M., U.S. attorney, District of Arizona, Phoenix, AZ Mills, Walter R., Acting Deputy to the Assistant Secretary, Indian Affairs (Operations), Department of the Interior, Washington, DC.. Yazzie, Herb, attorney general, Navajo Nation Department of Justice, Reina, Ed, Jr., chief, Law Enforcement Program, Salt River Indian Com- Salway, Harold, vice president, Oglala Sioux Tribe, Pine Ridge, SD, on Prepared statements: Agoyo, Herman, chairman, All Indian Pueblo Council 115 Aragon, Beverly, chief of police, Ramah Navajo Department of Public 168 Begay, Delfino, Governor, Pueblo of Laguna. 197 Cheyenne River Sioux Tribe 199 Haley, Bruce.... 125 Yazzie, Herb. 98 Zecca, Tony. 157 LAW ENFORCEMENT REFORM ACT FRIDAY, JULY 21, 1989 U.S. SENATE, SELECT COMMITTEE ON INDIAN AFFAIRS, Washington, DC. The committee met, pursuant to notice, at 9:35 a.m., in room 485, Russell Senate Office Building, Hon. Daniel K. Inouye (chairman of the committee) presiding. Present: Senators Inouye, McCain, and Daschle. STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII, CHAIRMAN, SELECT COMMITTEE ON INDIAN AFFAIRS The CHAIRMAN. Good morning. Our hearing this morning is on H.R. 498, a bill to establish the statutory foundation for the law enforcement program of the Bureau of Indian Affairs on Indian reservations. The Interior Department has operated a law enforcement program within Indian country since the late 1800's, when control of the reservations passed to civilian authorities. The original effort was essentially an experiment in which a superintendent undertook to employ a few Indians of the reservation to assist in maintaining law and order within the community. The development of tribal courts-or more properly, secretarial courts or courts of Indian offenses-began at this time. Neither of these programs had any statutory basis but were annually supported by Congress through the appropriation of funds for their operation. In time, a certain statutory base was established, but this was tenuous and supports the program more by implication than by direct statutory authorization. Indeed, it appears that the principal authority for this program continues to rest on the annual appropriations "for maintaining law and order on Indian reservations." In recent years Congress has enacted special legislation to provide for law enforcement authority of officers in other programs administered by the Interior Department, particularly the National Park Service, the Bureau of Land Management, and the Fish and Wildlife Service. The intent of this bill is to provide greater clarity with respect to the authority of BIA police officers, or programs operated by the tribes under contracts with the Bureau; better protection and benefits to those serving as Indian police officers; and enhancement of training programs for the Indian Police Service. (1) |