,,ii #aafth ,,congress #ast ,session ,s4 #bfaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #af1 #bjai ,ms4 ,murkowski introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to provide civil and criminal jurisdiction over ,alaska ,natives and non-,alaska ,natives for certain ,indian tribes in the ,state of ,alaska4 #a4 ,short title ,this ,act may be cited as the ,alaska ,tribal ,public ,safety ,empowerment ,act4 #b4 ,findings ,congress finds that-- 7#a7 according to the report of the ,indian ,law and ,order ,commission established by section #ae of the ,indian ,law ,enforcement ,reform ,act 7#be ,u4,s4,c4 #bhab71 ,alaska ,native women-- 7,a7 are overrepresented in the domestic violence victim population by #bej percent2 7,b7 in the ,state of ,alaska1 comprise-- 7i7 #ai percent of the population of the ,state2 but 7ii7 #dg percent of reported rape victims in the ,state2 and 7,c7 as compared to the populations of other ,indian tribes1 suffer the highest rates of domestic and sexual violence2 7#b7 most ,alaska ,native villages are located in remote areas that-- 7,a7 are often inaccessible by road2 and 7,b7 have no local law enforcement presence2 7#c7 the ,commission referred to in paragraph 7#a7-- 7,a7 determined that the ,alaska ,department of ,public ,safety-- 7i7 has primary responsibility for law enforcement in rural ,alaska2 but 7ii7 provides only #a to #a4d field officers per #a1jjj1jjj acres2 and 7,b7 recommended that devolving authority to ,alaska ,native communities is essential for addressing local crime4 ,their governments are best positioned to effectively arrest1 prosecute1 and punish1 and they should have the authority to do so1 or to work out voluntary agreements with each other1 and with local governments and the ,state on mutually beneficial terms2 and 7#d7 the unique legal relationship of the ,united ,states to ,indian tribes creates a ,federal trust responsibility to assist ,tribal governments in safeguarding the lives of ,indian women4 #c4 ,definitions ,in this ,act3 7#a7 ,alaska ,native ,the term ,alaska ,native means an individual who-- 7,a7 is a member of an ,indian tribe2 7,b7 is eligible for membership in an ,indian tribe2 or 7,c7 is regarded as an ,alaska ,native by the community in which the individual resides4 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#c7 ,state ,the term ,state means the ,state of ,alaska4 7#d7 ,village ,the term village means the ,alaska ,native ,village ,statistical ,area covering all or any portion of a ,native village 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb774 #d4 ,tribal jurisdiction in ,alaska 7a7 ,alaska ,natives ,subject to title ,,ii of the ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acja et seq47 7commonly known as the ,indian ,civil ,rights ,act of #aifh71 and regardless of the holder of title in and to any applicable land1 ,congress recognizes and affirms that any ,indian tribe in the ,state occupying a village may exercise1 as part of the inherent authority of the ,indian tribe-- 7#a7 criminal and civil jurisdiction over all ,alaska ,natives present in the village2 and 7#b7 full civil jurisdiction within the village-- 7,a7 to issue and enforce protection orders involving any individual1 including the authority to enforce such an order through a civil contempt proceeding2 7,b7 to exclude violators from the village2 and 7,c7 to use other appropriate mechanisms to address matters arising anywhere in the village that are the subject of protection orders4 7b7 ,pilot program for jurisdiction over individuals who are not ,alaska ,natives 7#a7 ,establishment ,subject to title ,,ii of the ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acja et seq47 7commonly known as the ,indian ,civil ,rights ,act of #aifh71 and regardless of the holder of title in and to any applicable land1 there is established a pilot program under which the ,attorney ,general shall select for each calendar year not more than five ,indian tribes selected under paragraph 7#b7 to exercise the civil and criminal jurisdiction described in paragraph 7#e7 over all individuals present in the village occupied by the ,indian tribe who are not subject to the jurisdiction of the ,indian tribe under subsection 7a77#a74 7#b7 ,selection of qualifying ,indian tribes ,the ,attorney ,general1 in consultation with the ,secretary of the ,interior1 shall select ,indian tribes to participate in the pilot program established by paragraph 7#a71 subject to-- 7,a7 the condition that preference shall be given to ,indian tribes occupying villages-- 7i7 the populations of which are predominantly ,alaska ,native2 or 7ii7 that lack a permanent ,state law enforcement presence2 and 7,b7 such other criteria as the ,attorney ,general considers to be appropriate to achieve the purposes of this ,act4 7#c7 ,qualifying intertribal consortia ,any two or more qualifying ,indian tribes1 or a tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 that is acting on behalf of two or more qualifying ,indian tribes-- 7,a7 may elect to participate jointly in the pilot program under this subsection by providing shared resources to carry out the purposes of the pilot program2 and 7,b7 on making an election pursuant to subparagraph 7,a71 shall be considered to be a single ,indian tribe for purposes of the maximum number of participants in the pilot program under paragraphs 7#a7 and 7#d74 7#d7 ,maximum number of participants 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,attorney ,general may select not more than #cj ,indian tribes to participate in the pilot program under this subsection4 7,b7 ,exception ,the limitation under subparagraph 7,a7 shall not apply if the ,attorney ,general submits to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a notice of the intention to select any additional ,indian tribe by not later than the date that is #ahj days before the date of selection4 7#e7 ,description of jurisdiction ,congress recognizes and affirms that an ,indian tribe selected to participate in the pilot program under this subsection may exercise the inherent authority of the ,indian tribe over all individuals described in paragraph 7#a7 through-- 7,a7 general civil jurisdiction2 and 7,b7 subject to paragraph 7#f71 criminal jurisdiction with respect to 7as defined in applicable ,tribal law7-- 7i7 the crimes of-- 7,i7 domestic violence2 7,,ii7 dating violence2 7,,iii7 violation of a protective order2 7,,iv7 sexual violence2 7,v7 stalking2 7,,vi7 sex trafficking2 7,,vii7 obstruction of justice2 and 7,,viii7 assault of a law enforcement or correctional officer2 7ii7 any crime against a child2 and 7iii7 any crime involving the possession1 transportation1 or sale of alcohol or drugs where that possession1 transportation1 or sale is prohibited by an applicable ,federal1 ,state1 or ,tribal law4 7#f7 ,rights of defendants ,in exercising the jurisdiction described in paragraph 7#e77;,b71 an ,indian tribe participating in the pilot program under this subsection shall provide to each defendant all rights described in section #bjd7;d7 of the ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7;d77 7commonly known as the ,indian ,civil ,rights ,act of #aifh74 7c7 ,memoranda of agreement ,an ,indian tribe participating in the pilot program under subsection 7b71 the ,state1 the ,attorney ,general1 and the ,secretary of the ,interior may enter into such memoranda of agreement as are necessary and appropriate-- 7#a7 to coordinate respective law enforcement activities2 7#b7 to share equipment and other resources2 7#c7 to establish cross-deputization arrangements2 7#d7 to coordinate appropriate training activities2 and 7#e7 to address any other matters that will facilitate the successful implementation of the pilot program4 7d7 ,report to ,congress ,not later than #e years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of the ,interior1 shall submit to ,congress a report describing the results of the pilot program under subsection 7b71 including legislative recommendations to facilitate improved law enforcement in villages4 #e4 ,special full faith and credit for protection orders ,section #bbfe7;e7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,for purposes and inserting the following3 7#a7 ,in general ,for purposes 2 and 7#b7 by adding at the end the following3 7#b7 ,applicability to ,alaska ,paragraph 7#a7 applies to all ,indian tribes in the ,state of ,alaska1 regardless of-- 7,a7 the definition of the term ,indian country contained in section #aaea2 or 7,b7 the population of the ,native village 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb77 occupied by such an ,indian tribe4 4 #f4 ,effect ,nothing in this ,act-- 7#a7 diminishes the jurisdiction of the ,state or the ,federal ,government1 as in effect on the date of enactment of this ,act1 over any criminal or civil matter2 7#b7 creates or eliminates any area of ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 in the ,state2 or 7#c7 diminishes any authority of an ,indian tribe in the ,state under any other law1 including-- 7,a7 the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia et seq472 and 7,b7 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d2 #cd ,u4,s4,c4 #ajaja note7 and the amendments made by that ,act4