,,ii #aacth ,,congress #ast ,session ,s4 #adgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,mr4 ,begich 7for himself and ,ms4 ,murkowski7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to encourage the ,state of ,alaska to enter into intergovernmental agreements with ,indian tribes in the ,state relating to the enforcement of certain ,state laws by ,indian tribes1 to improve the quality of life in rural ,alaska1 to reduce alcohol and drug abuse1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alaska ,safe ,families and ,villages ,act of #bjac4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 residents of remote ,alaska villages suffer disproportionately from crimes and civil disturbances rooted in alcohol abuse1 illicit drug use1 suicide1 and domestic violence2 7#b7 the alcohol-related suicide rate in remote ,alaska villages is #f times the average in the ,united ,states and the alcohol-related mortality rate is #c4e times that of the general population of the ,united ,states2 7#c7 ,alaska ,native women suffer the highest rate of forcible sexual assault in the ,united ,states and an ,alaska ,native woman is sexually assaulted every #ah hours2 7#d7 according to the ,alaska ,native ,tribal ,health ,consortium1 one in two ,alaska ,native women experience physical or sexual violence2 7#e7 according to the #bjjf ,initial ,report and ,recommendations of the ,alaska ,rural ,justice and ,law ,enforcement ,commission1 more than #ie percent of all crimes committed in rural ,alaska can be attributed to alcohol abuse2 7#f7 the cost of drug and alcohol abuse in ,alaska is estimated at #ebe1jjj1jjj per year2 7#g7 there are more than #bjj remote villages in ,alaska1 which are ancestral homelands to ,indian tribes and geographically isolated by rivers1 oceans1 and mountains making most of those villages accessible only by air2 7#h7 small size and remoteness1 lack of connection to a road system1 and extreme weather conditions often prevent or delay travel1 including that of law enforcement personnel1 into remote villages1 resulting in challenging law enforcement conditions2 7#i7 less than #a_/b of remote ,alaska villages are served by trained ,state law enforcement entities and several ,indian tribes provide peace officers or tribal police without adequate training or equipment2 7#aj7 the lack of effective law enforcement entities in remote ,alaska villages contributes significantly to increased crime1 alcohol abuse1 drug abuse1 domestic violence1 rates of suicide1 poor educational achievement1 and lack of economic development2 7#aa7 ,indian tribes that operate within remote ,alaska villages should be empowered to participate in local culturally relevant solutions to effectively provide law enforcement entities in villages and access to swift judicial proceedings2 7#ab7 increasing capacities of local law enforcement entities to achieve increased tribal involvement in ,state law enforcement in remote villages will promote a stronger link between the ,state and village residents1 encourage community involvement1 and create greater local accountability with respect to violence and substance abuse2 and 7#ac7 the ,united ,states has a trust responsibility to ,indian tribes in the ,state4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to improve the delivery of justice in ,alaska ,native villages by encouraging the ,state and ,indian tribes to enter into intergovernmental agreements relating to the enforcement and adjudication of ,state laws relating to drug and alcohol offenses2 and 7#b7 to enhance coordination and communication among ,federal1 ,state1 tribal1 and local law enforcement agencies4 #c4 ,definitions ,in this ,act3 7#a7 ,attorney ,general ,the term ,attorney ,general means the ,attorney ,general of the ,united ,states4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,tribal ,justice4 7#c7 ,indian tribe ,the term 8,indian tribe0 has the meaning given the term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 7#d7 ,participating ,indian tribe ,the term participating ,indian tribe means an ,indian tribe selected by the ,director to participate in the program4 7#e7 ,program ,the term program means the ,alaska ,safe ,families and ,villages ,self ,governance ,program established under this ,act4 7#f7 ,state ,the term ,state means the ,state of ,alaska4 7#g7 ,tribal court ,the term tribal court means any court1 council1 or a mechanism of any court or council sanctioned by an ,indian tribe for the adjudication of disputes1 including the violation of tribal laws1 ordinances1 and regulations4 #d4 ,alaska ,safe ,families and ,villages ,self ,governance ,program 7a7 ,in general ,the ,attorney ,general shall establish a program in the ,office of ,tribal ,justice ,programs of the ,department of ,justice1 to be known as the ,alaska ,safe ,families and ,villages ,self ,governance ,program1 to make grants to ,indian tribes in carrying out intergovernmental agreements described in subsection 7d74 7b7 ,administration 7#a7 ,in general ,each ,indian tribe desiring to participate in the program shall submit to the ,director an application in accordance with this section4 7#b7 ,eligibility ,to be eligible to participate in the program1 an ,indian tribe in the ,state shall-- 7,a7 request participation by resolution or other official action from the governing body of the ,indian tribe2 7,b7 have for the preceding #c fiscal years no uncorrected significant and material audit exceptions regarding any ,federal contract or grant2 7,c7 demonstrate to the ,attorney ,general sufficient governance capacity to conduct the program1 as evidenced by the history of the ,indian tribe in operating government services 7including public utilities1 children's courts1 law enforcement1 social service programs1 or other activities72 7,d7 certify that the ,indian tribe has entered into an intergovernmental agreement with the ,state described in subsection 7d72 7,e7 meet such other criteria as the ,attorney ,general may promulgate1 after providing public notice and an opportunity to comment2 and 7,f7 submit to the ,attorney ,general of the ,state a copy of the application4 7#c7 ,public comment ,each application submitted under this subsection shall be subject to public comment for a period of not less than #cj days after the date on which a notice of the application is published in a newspaper or other publication of general circulation in the vicinity of the ,native village of the ,indian tribe4 7c7 ,use of amounts ,each participating ,indian tribe shall use amounts-- 7#a7 to carry out a planning phase that may include-- 7,a7 internal governmental and organizational planning2 7,b7 developing written tribal law or ordinances detailing the structure and procedures of the tribal court2 7,c7 developing enforcement mechanisms2 and 7,d7 negotiating and finalizing any intergovernmental agreements necessary to carry out this ,act2 and 7#b7 to carry out activities of the ,indian tribe in accordance with an applicable intergovernmental agreement with the ,state4 7d7 ,intergovernmental agreements 7#a7 ,in general ,the ,state 7including political subdivisions of the ,state7 and ,indian tribes in the ,state are encouraged to enter into intergovernmental agreements relating to the enforcement of certain ,state laws by the ,indian tribe4 7#b7 ,contents 7,a7 ,in general ,an intergovernmental agreement described in paragraph 7#a7 may describe the duties of the ,state and the applicable ,indian tribe relating to-- 7i7 the employment of law enforcement officers1 probation1 and parole officers2 7ii7 the appointment and deputization by the ,state of tribal law enforcement officers as special officers to aid and assist in the enforcement of the criminal laws of the ,state2 7iii7 the enforcement of punishments imposed by the ,indian tribe under tribal law2 7iv7 the transfer of enforcement duties for ,state drug- and alcohol-related misdemeanor offenses to the ,indian tribe2 7v7 the adjudication by the ,indian tribe of ,state drug- and alcohol-related misdemeanor offenses2 7vi7 the transfer of information and evidence between tribal law enforcement entities and the court system of the ,state2 7vii7 the detention of offenders2 7viii7 searches and seizures of alcohol and drugs at municipal and ,state airports2 and 7ix7 jurisdictional or financial matters4 7,b7 ,remedies ,subject to title ,,ii of ,public ,law #ij-bhd 7#be ,u4,s4,c4 #acja et seq47 7commonly known as the ,indian ,civil ,rights ,act of #aifh71 an intergovernmental agreement described in paragraph 7#a7 may include remedies to be imposed by the applicable ,indian tribe relating to the enforcement of ,state law1 including-- 7i7 restorative justice1 including circle sentencing2 7ii7 community service2 7iii7 fines2 7iv7 forfeitures2 7v7 commitments for treatment2 7vi7 restraining orders2 7vii7 emergency detentions2 and 7viii7 any other remedies agreed to by the ,state and ,indian tribe4 7e7 ,annual report 7#a7 ,in general ,not later than ,may #a of each year1 the ,attorney ,general shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives an annual report that-- 7,a7 describes the grants awarded under the program2 7,b7 assesses the effectiveness of the program2 and 7,c7 includes any recommendations of the ,attorney ,general relating to the program4 7#b7 ,requirements ,each report shall be prepared in consultation with the government of each participating ,indian tribe and the ,state4 7f7 ,no liability for the ,state of ,alaska ,the ,state1 including any political subdivision of the ,state1 shall not be liable for any act or omission of a participating ,indian tribe in carrying out this ,act1 including any act or omission of a participating ,indian tribe undertaken pursuant to an intergovernmental agreement described in subsection 7d74 7g7 ,regulations ,the ,attorney ,general shall promulgate such regulations as the ,attorney ,general determines are necessary to carry out this ,act4 7h7 ,eligibility for ,federal programs 7#a7 ,in general ,participating ,indian tribes shall be eligible for the same tribal court and law enforcement programs and level of funding from the ,bureau of ,indian ,affairs and the ,department of ,justice as are available to other ,indian tribes4 7#b7 ,applicability in ,alaska ,nothing in this ,act limits the application in the ,state of-- 7,a7 the ,tribal ,law and ,order ,act of #bjaj 7,public ,law #aaa-baa2 #abd ,stat4 #bbfa72 7,b7 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public law #aac-d2 #abg ,stat4 #ed72 or 7,c7 any amendments made by the ,acts referred to in subparagraphs 7,a7 and 7,b74 7i7 ,effect of ,act ,nothing in this ,act-- 7#a7 limits1 alters1 or diminishes the civil or criminal jurisdiction of the ,state1 any subdivision of the ,state1 or the ,united ,states2 7#b7 limits or diminishes the jurisdiction of any ,indian tribe in the ,state1 including inherent and statutory authority of the ,indian tribe over child protection1 child custody1 and domestic violence 7as in effect on the day before the date of enactment of this ,act72 7#c7 creates a territorial basis for the jurisdiction of any ,indian tribe in the ,state or otherwise creates ,indian country in any area of the ,state2 7#d7 confers any criminal jurisdiction on any ,indian tribe in the ,state2 7#e7 diminishes the trust responsibility of the ,united ,states to ,indian tribes in the ,state2 7#f7 abridges or diminishes the sovereign immunity of any ,indian tribe in the ,state2 7#g7 alters the criminal or civil jurisdiction of the ,metlakatla ,indian ,community within the ,annette ,islands ,reserve 7as in effect on the date before the date of enactment of this ,act72 7#h7 alters the authority of the ,state to file1 in the discretion of the ,state1 a civil or criminal action for the violation of ,state law2 7#i7 limits in any manner the eligibility of the ,state1 any political subdivision of the ,state1 or any ,indian tribe in the ,state1 for any other ,federal assistance under any other law2 or 7#aj7 affects the authority of the ,united ,states or any ,state government that has been delegated authority by the ,united ,states to investigate and prosecute a criminal violation in ,indian country1 including under section #aafb of title #ah1 ,united ,states ,code4 #e4 ,funding ,the ,attorney ,general shall use amounts made available to the ,attorney ,general for the ,office of ,tribal ,justice to carry out the program under this ,act4 #f4 ,repeal of special rule for ,state of ,alaska ,section #iaj of the ,violence ,against ,women ,reauthorization ,act of #bjac 7#ah ,u4,s4,c4 #bbfe note2 ,public ,law #aac-d7 is repealed4