County proposing withdraw from Public Law 280

Citing significant financial burdens, Lake County is proposing to withdraw from a long-standing agreement to assume criminal jurisdiction over felony crimes on the Flathead Indian Reservation.

On Jan. 11, county commissioners will hold a public hearing on a resolution of intent to withdraw from federal Public Law 280, which the county argues is a drain on government services.

Under the legal agreement, which was adopted by the Confederated Salish and Kootenai Tribes and the State of Montana in 1964, the county provides law enforcement, prosecution and detention services for crimes involving tribal members.

The law was partially retracted in 1993, when the tribal law enforcement took over responsibility for misdemeanor offenses. But with a significant number of Lake County’s felonies committed by tribal members, according to the resolution, the county is once again asking officials to take a closer look at the issue.

“The circumstances surrounding this agreement and its implementation have changed significantly in 40 years,” the resolution sates, adding that “Lake County’s tax base or other revenue are not sufficient to fund continued participation.”

The resolution states that the law costs the county more than $2 million per year, and diverts resources from other services to the detriment of all residents.

According to County Attorney Steve Eschenbacher, tribal members from the Flathead and other Indian reservations make up 83 percent of Lake County Jail inmates.

Participation in Public Law 280 has served as a pervasive talking point for years, however the county’s recent financial woes have lent urgency to the issue.

County officials were faced with a budget deficit in 2016 due to a drop in tax revenue after the tribes took over operations of the Selis Ksanka Qlispe Dam.

With a proposal to withdraw likely requiring action at the state level, the issue is on the radar of the county’s delegation in Helena.

Rep. Greg Hertz and Sen. Dan Salomon both said they would support the county’s decision to withdraw as a last resort, but are considering alternative resolutions in the meantime.

“There’s a way to make this work, and work better for the county,” Salomon said, adding that transferring jurisdiction to federal authorities would create significant complications.

Hertz said he is working on a bill that would require the state to reimburse counties for expenses incurred under Public Law 280. He said that Montana code clearly declares that the state of Montana entered an obligatory agreement assume jurisdiction on the reservation, and therefore the state should pay when the responsibility falls onto the shoulders of local government.

“Long term, this is not a viable situation,” he said.

But withdrawing from the agreement, Hertz said, could present significant challenges.

“It’s a rather complex situation you have federal government, state government and county,” he said. “I don’t think anybody has completely thought about unwinding this thing.”

Lake County Sheriff Donald R. Bell said he would prefer to hash out a funding solution.

“I personally don’t support pulling away,” he said.

Bell said he would like local and state agencies to continue working together to handle law enforcement, rather than the FBI, which would assume jurisdiction over serious crimes if the county withdrew.

“The officers that live here have a vested interest in the community,” he said.

Rob McDonald said.

The county’s resolution of intent calls for officials to make a determination regarding continued participation in the law. If the choice is to withdraw, the decision will be made by Oct. 1, the resolution states.