Public Law 280: Timeline

1953: Congress passed Public Law 280, granting certain states criminal jurisdiction over tribal members on reservations. In six states the law is mandatory; in Montana participation is voluntary.

1963: The Montana Legislature passed House Bill 55, a statute titled “Assumption of Criminal Jurisdiction of Flathead Indian Country,” obligating it to assume “criminal jurisdiction over Indians and Indian territory of the Flathead Indian Reservation …” The legislation included a provision that the Tribes and impacted counties must first consent to the agreement.

1965: The Confederated Salish and Kootenai Tribes passed an ordinance consenting to the state’s criminal jurisdiction over tribal members. Lake County has taken the lead in arrest, prosecution and holding of prisoners since the agreement’s inception.

1993: The Montana Legislature enacted Senate Bill 368, often called Retrocession, which allowed CSKT to withdraw, by tribal resolution, from the criminal misdemeanor jurisdiction of the state of Montana. That agreement was renewed in 2015, and the Tribes continue to have exclusive jurisdiction over misdemeanor crimes by tribal members within the reservation boundaries.

2008: Lake County voters approved a public safety levy that has since contributed approximately $15 million in tax revenue to county coffers. County officials say much of that additional revenue has been used to help offset the rise in PL280 costs.

2017: State of Montana conducted a fiscal analysis of the cost to Lake County of enforcing felony criminal jurisdiction over tribal members. That cost was estimated at $4.011 million then and was projected to increase to $4.383 million annually by 2021. Those expenses are not reimbursed by the state.

2020: Lake County voters rejected a levy that would have financed the construction and staffing of a new detention center.

2021: Montana Legislature enacted a provision allowing the county to withdraw its “consent to enforce criminal jurisdiction on behalf of the State of Montana over the Confederated Salish and Kootenai Tribes.” The county commissioners are first required to consult with tribal officials before passing a resolution.

2022: In April, inmates filed a class action lawsuit against Lake County in federal court, alleging that jail conditions are inhumane (the American Civil Liberties Union filed and won a similar suit in 1995).

In May, county commissioners met with Lt. Gov. Kristen Juras and Misty Kuhl, director of the Governor’s Office of Indian Affairs, to discuss the state’s funding responsibilities for Public Law 280.

In July, Lake County filed a lawsuit against the state in District Court, alleging the state owes the county for “past and present costs” incurred in providing law enforcement on the reservation, and seeking a judgement establishing the state’s obligation to reimburse Lake County going forward. The state responded Dec. 12 with a motion to dismiss the complaint.

2023: The commissioners have scheduled a public hearing on the Resolution of Intent to Withdraw from Public Law 280 for 2 p.m. Jan. 3 in the Lake County Courthouse’s Large Conference Room. If approved by commissioners, the county would officially withdraw from the agreement in six months from that date, effectively turning those duties over to the state.