PL 280 saga winds down with three signatures
Commissioner Bill Barron added his signature to the resolution that rescinded two previous resolutions Monday – clearing the way for Lake County to continue its role in enforcing Public Law 280. (Kristi Niemeyer/Leader)
Monday marked a quiet end to a long-running saga as the three Lake County commissioners each signed a resolution rescinding three previous attempts to remove the county from the responsibilities enshrined in Public Law 280.
The move was baked into the requirements of Senate Bill 393, legislation passed and signed by Gov. Greg Gianforte last month that allocated $6 million to Lake County and the Confederated Salish and Kootenai Tribes over the next biennium “for expenditures resulting from the enforcement of felony criminal jurisdiction on the Flathead Indian Reservation.”
The county has sought since 2017 to either get financial help from the state for costs associated with prosecuting felonies involving tribal members, or to withdraw from the agreement, originally inked by CSKT, the state and the county six decades ago.
The three resolutions rescinded Monday were originally signed Dec. 12, 2022, Jan. 3, 2023, and May 25, 2023, as part of efforts to pressure the state into helping carry the costs associated with Public Law 280 or to assume the county’s workload where felony jurisdiction of tribal members was concerned.
Meanwhile, CSKT has steadily increased its prosecution of drug-related felonies involving tribal members, with more than 150 cases handled by tribal courts and law enforcement in the past 18 months. Under federal law, jurisdiction for violent crimes committed on reservations remains with the state or federal law enforcement.
Monday’s move by the commissioners clears the way for the first installment of $250,000 to be released July 1 to both the county and CSKT. Lake County and tribal officials are currently in discussions to craft a Memorandum of Understanding – also stipulated by Senate Bill 393 as a precursor to releasing the remaining $5 million allocated by the Legislature.
In a previous statement, Tribal Chair Michael Dolson said CSKT plans to use their portion of state funding “to expand and improve our system to ensure a safe and secure homeland for our people and community.”
Commissioner Bill Barron said the county’s infusion will help offset the costs of prosecuting felony cases and holding tribal members in the Lake County Jail. The county has been tracking those expenses since 2024 and sending invoices to the Department of Justice that average between $180,000 and $200,000 a month. According to Barron, they’ll continue to track those costs and share that information with the DOJ.
He added that the county would still be allowed to pull out of the agreement in 2027, “if all the parties don't hold up their end of the agreement.” But he – and the other two commissioners – seemed optimistic that enough progress will be made during the biennium to make that step unnecessary.
“It may be pretty enjoyable for the next two years not having to worry about Public Law 280,” said commissioner Steve Stanley Monday.
“I'm not going to throw my hat in the air yet, but once we get that first check, I might,” added Barron.