Tribal Government Amendments to the Homeland Security Act and Indian Tribal Sovereignty (CRS Report for Congress)
| Release Date |
July 13, 2005 |
| Report Number |
RS21533 |
| Report Type |
Report |
| Authors |
M. Maureen Murphy, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
S. 477, the Tribal Government Amendments to the Homeland Security Act of 2002,has been introduced to "ensure that ... the Department of Homeland Security consultswith Indian tribal governments ... and ... [that] Indian tribal governments participatefully in the protection of the homeland of the United States." An earlier version of thislegislation, S. 578, in the 108th Congress raised concern in some quarters that it wouldoverturn Nevada v. Hicks, 533 U.S. 353 (2001), or otherwise expand Indian tribalsovereignty. S. 477 differs from the earlier version both by including authority for directfunding, rather than indirect funding through individual states, of Indian tribal homelandsecurity projects, and by eliminating the provisions in the earlier bill that appeared toendorse a view of tribal criminal and civil jurisdiction inconsistent with Supreme Courtrulings on the subject of tribal jurisdiction. The operative provisions of the legislationremove tribal governments from the definition of "local governments," and distinguishthem from both state governments and local governments. The legislation also appearsto contain no direct statement specifically granting or delegating a particular lawenforcement authority to tribes or overruling any named Supreme Court case. Relatedlegislation includes § 131 of S. 536 and S. 1374 which contain provisions authorizinga border preparedness pilot program on Indian land.
