making, and flexible and workable plans must be made for smooth and orderly transition of jurisdiction. Equally important is providing Congress with accurate data on the cost of reacquisition and maintenance of jurisdiction, and especially reservation law and order. Opponents can surely be expected to frighten Congress with unrealistic estimates of costs involved. Thus, it is especially important that tribes be able to control the collection of data and its presentation to Congress. e. Implementation funding In addition to funding for feasibility studies, the Amendment must provide permanent funding for implementation of reacquisition of jurisdiction. Such funding should include: (1) Tribal code revision The basic foundation of tribal jurisdiction is adequate Law and Order and Civil Codes. Tribal codes must be revised to provide broad civil and criminal jurisdiction, substantive law, and procedural rules. Both Indians and non-Indians must have access to tribal courts to obtain justice in both criminal and civil matters. (2) Tribal police forces Congress cannot be expected to agree to reacquisition of jurisdiction unless provision is made for adequately staffed and trained reservation police forces. Of necessity, federal funding must be provided both for the hiring, training and maintaining of tribal police forces. (3) Tribal courts Funding must be provided for the hiring, training and maintenance of tribal courts. f. Inter-tribal and tribal-state agreements The Amendment must provide for cooperative agreements between tribes and between tribes and states allowing joint law and order systems, cross deputization of officers, joint funding agreements, and extradition agreements. II. P.L. 280 DATA BANK NCAI (and NTCA) will establish a Public Law 280 data bank to be designated at this conference or as soon thereafter as possible. The data bank will collect information regarding: (1) The enactment of Public Law 83-280 and related tribal and state legislative actions dealing with P.L. 83-280. (2) Federal, Tribal and State litigation dealing with the interpretation of P.L. 83-280. (3) The effects of P.L. 83-280 jurisdiction on Indian people and Indian reservations. (4) Law review articles, legal opinions, and other printed or recorded material regarding the interpretation of P.L. 83-280. (5) All materials related to the repeal or Amendment of P.L. 83-280. The data bank will disseminate all such data, except where the data has been submitted as confidential to the Indian Tribes, their attorneys, and persons working to amend P.L. 83-280. Confidential materials will not be released without the permission of those submitting the materials. III. P.L. 280 STANDING COMMITTEE A standing P.L. 83–280 committee should be appointed by the President of NCAI to coordinate the National Indian effort to amend PL 83-280, and to work with all Indian organizations and governmental organizations engaged in the effort. The committee will help formulate strategy and develop priorities for the amendment effort. IV. NCAI AND NTCA NCAI and NTCA must pledge to work with tribal government in continued efforts to improve the services offered to Indian constituents. While tribal government has made significant progress, much remains to be done. It is essential to the effort to reacquire jurisdiction that tribal government continue to improve its performance. Expanded responsibilities will bring inadequacies of tribes and tribal administration into focus. Tribal governments must redouble their efforts to eliminate tribal administration problems and seek expanded inter-tribal cooperation. None of the problems are insurmountable and they are capable of rapid elimination by dedicated and forthright tribal leaders. V. SOLICITATION OF SUPPORT NCAI, NTCA and tribal governments should make every attempt to determine the possibility of state and county support. Even though such bodies may be in conflict over the issue of jurisdiction, harsh economic realities of providing enforcement on the reservations may make them willing to support Indian reacquisition of jurisdiction. Many local governments have admitted that their efforts on reservations are inadequate because of inadequate funds. Efforts should also be made to educate the executive branch, as well as members of Congress about the Indian position on reacquisition of jurisdiction. The support of the executive would be invaluable. No organization or governmental agency who can possibly help should be overlooked. VI. "WAR CHEST" PROPOSAL A "War chest" must be established to provide the funds for the effort to amend P.L. 280. The amending of any federal statute is expensive and chancy. Such an effort requires the preparation of documents, technical assistance from the legal field and intensive travel, communication, and lobbying. Neither NCAI nor NTCA has funds to commit themselves to such an effort without financial aid from all tribes interested in amending P.L. 280. Conclusion Since 1953 Public Law 83-280 has caused a gradual and continuous erosion of tribal sovereignty-a slow termination of American Indian tribes by suffocation. Today, state jurisdictional encroachments into Indian reservations threaten the very existence of Indian culture and tribal government. True self-determination requires that each tribe determine for itself whether to repeal P.L. 83-280 totally or partially in its reservation. The effort to amend P.L. 83-280 is a very long, difficult and expensive fight. For it to be successful, the Indian community must present a united front. The effort has begun-the real work lies ahead. CONTENT OF PROPOSED AMENDMENT OF PUBLIC LAW 83-280 1. Tribes are authorized to reacquire Federal and Tribal jurisdiction in whole or in part by action of governing body or referendum requested by a set percentage of resident members. 2. Tribes can by resolution clarify or establish that any jurisdiction a State retains is concurrent (and is not exclusive) with the jurisdiction in the same matters existing in the Tribe and Federal Government. 3. Reacquisition of tribal and Federal jurisdiction shall be considered automatically approved unless the Secretary of the Interior shall, within ninety days formally disapprove the reacquisition and give his reasons therefore. 4. The affected tribe may appeal any such disapproval to an appropriate Board of Appeals and thereafter to the Federal Courts. 5. Section 6 of 83–280 is repealed. 6. Feasibility and implementation funding must be authorized. JUSTICE and the AMERICAN INDIAN Volume I: The impact of Public Law 280 upon the Administration of Justice on Indian Reservations The National American Indian Court Judges Association was founded with the To improve the American Indian Court System throughout the United States To provide for the upgrading of the Court System through research, profes- To further tribal and public knowledge and understanding of the American To maintain and improve the integrity and capability of the American Indian To conduct any and all research and educational activities for the purpose of |