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Y 4. In 2/11: S.hrg. 101-394

LAW ENFORCEMENT REFORM ACT

S. HRG. 101-394

HEARING

BEFORE THE

SELECT COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

ONE HUNDRED FIRST CONGRESS

FIRST SESSION

ON

H.R. 498

TO CLARIFY AND STRENGTHEN THE AUTHORITY FOR CERTAIN DE-
PARTMENT OF THE INTERIOR LAW ENFORCEMENT SERVICES, ACTIVI-
TIES, AND OFFICERS IN INDIAN COUNTRY

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U.S. GOVERNMENT PRINTING OFFICE

24-761

WASHINGTON : 1990

For sale by the Superintendent of Documents, Congressional Sales Office

U.S. Government Printing Office, Washington, DC 20402

SELECT COMMITTEE ON INDIAN AFFAIRS

DANIEL K. INOUYE, Hawaii, Chairman

JOHN MCCAIN, Arizona, Vice Chairman DENNIS DECONCINI, Arizona

FRANK H. MURKOWSKI, Alaska QUENTIN N. BURDICK, North Dakota THAD COCHRAN, Mississippi THOMAS A. DASCHLE, South Dakota SLADE GORTON, Washington KENT CONRAD, North Dakota HARRY REID, Nevada

ALAN R. PARKER, Staff Director

PATRICIA M. ZELL, Chief Counsel
ERIC EBERHARD, Minority Staff Director/Counsel

(II)

CONTENTS

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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.

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