Cherokee Nation and Chickasaw Nation Criminal Jurisdiction Compacting Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3091 To support clarity and consistency with regard to the exercise of criminal jurisdiction and authority in Indian country, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2021 Mr. COLE introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To support clarity and consistency with regard to the exercise of criminal jurisdiction and authority in Indian country, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Cherokee Nation and 4 Chickasaw Nation Criminal Jurisdiction Compacting Act 5 of 2021’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3091 IH (1) Court rulings have affirmed the Cherokee 1 Nation and the Chickasaw Nation have reservations 2 that constitute Indian country for purposes of crimi- 3 nal jurisdiction, the boundaries of which are set 4 forth in each Nation’s respective treaties with the 5 United States. 6 (2) Each Nation has worked with the State, in- 7 cluding certain political subdivisions of the State, to 8 ensure cooperation and coordination on law enforce- 9 ment and public safety within the respective reserva- 10 tions of the Nations. 11 (3) Legally effective compacts are important 12 tools of Tribal self-determination and are useful in 13 avoiding jurisdictional disputes within Indian coun- 14 try; 15 (4) The Nations and the State have successfully 16 implemented intergovernmental agreements on polic- 17 ing, taxation, child welfare, gaming, hunting and 18 fishing, and other matters implicating their respec- 19 tive sovereign authorities, rights, and interests. 20 (5) Sections 1152 and 1153 of title 18, United 21 States Code, and other Federal laws preempt the 22 Nations and the State from forming effective com- 23 pacts respecting criminal jurisdiction in Indian coun- 24 try. 25 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3091 IH (6) It is necessary, proper, and consistent with 1 Federal policies supporting Tribal self-determination 2 to provide express, specific, and defined authoriza- 3 tion for purposes of the Nations forming lawful and 4 effective compacts with the State respecting criminal 5 jurisdiction on Indian country (other than on Indian 6 lands). 7 SEC. 3. DEFINITIONS. 8 In this Act: 9 (1) CHEROKEE NATION.—The term ‘‘Cherokee 10 Nation’’ means the federally recognized Indian Tribe 11 with its present Tribal headquarters south of Tahle- 12 quah, Oklahoma, having adopted its most recent 13 constitution on August 7, 2003, and having entered 14 into various treaties with the United States, includ- 15 ing the Treaty at Hopewell, executed on November 16 28, 1785 (7 Stat. 18), and the Treaty at Wash- 17 ington, D.C., executed on July 19, 1866 (14 Stat. 18 799), and which has maintained a continuous gov- 19 ernment-to-government relationship with the United 20 States since the earliest years of the Union. 21 (2) CHICKASAW NATION.—The term ‘‘Chicka- 22 saw Nation’’ means a federally recognized Indian 23 Tribe with its present Tribal headquarters in Ada, 24 Oklahoma, having adopted its most recent constitu- 25 VerDate Sep 11 2014 03:07 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3091 IH tion on August 27, 1983, and having entered into 1 various treaties with the United States of America, 2 including the Treaty at Hopewell, executed on Janu- 3 ary 10, 1786 (7 Stat. 24), and the Treaty at Wash- 4 ington, D.C., executed on April 28, 1866 (7 Stat. 5 21), and which has maintained a continuous govern- 6 ment-to-government relationship with the United 7 States since the earliest years of the Union. 8 (3) INDIAN.—The term ‘‘Indian’’ has the mean- 9 ing given that term in section 201(4) of the Indian 10 Civil Rights Act of 1968 (25 U.S.C. 1301(4)). 11 (4) INDIAN COUNTRY.—The term ‘‘Indian coun- 12 try’’ has the meaning given that term in section 13 1151 of title 18 of the United States Code. 14 (5) INDIAN LAND.—The term ‘‘Indian land’’ 15 means land within a Nation’s reservation— 16 (A) title to which is held in trust by the 17 United States for the benefit of an Indian Tribe 18 or an Indian; 19 (B) title to which is held in fee by an In- 20 dian Tribe or an Indian subject to restrictions 21 against alienation under laws of the United 22 States; 23 (C) title to which is held in fee by an In- 24 dian Tribe or an Indian in accord with a treaty 25 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3091 IH with the United States to which an Indian 1 Tribe is a party, and such land had never been 2 allotted to any individual; or 3 (D) which otherwise constitutes Indian 4 country under subsection (b) or (c) of section 5 1151 of title 18, United States Code. 6 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 7 means any American Indian or Alaska Native Tribe, 8 band, nation, pueblo, village, or community that the 9 Secretary acknowledges to exist as a federally recog- 10 nized Indian Tribe under the Federally Recognized 11 Indian Tribe List Act of 1994 (25 U.S.C. 5131). 12 (7) NATION.—The term ‘‘Nation’’ means the 13 Cherokee Nation or the Chickasaw Nation. 14 (8) NATIONS.—The ‘‘Nations’’ means the Cher- 15 okee Nation and the Chickasaw Nation. 16 (9) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of the Interior. 18 (10) STATE.—The term ‘‘State’’ means the 19 State of Oklahoma. 20 SEC. 4. RESERVATION INTEGRITY. 21 To support clarity and consistency with respect to the 22 exercise of criminal jurisdiction and authority on the Na- 23 tions’ respective Indian country— 24 VerDate Sep 11 2014 03:07 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3091 IH (1) the reservation of each Nation, with bound- 1 aries as set forth in its most recent treaty or agree- 2 ment with the United States, is acknowledged; 3 (2) the Secretary shall not take any land into 4 trust status within the exterior boundary of the res- 5 ervation of a Nation unless— 6 (A) the land is taken into trust status for 7 the benefit of that Nation or of a citizen or citi- 8 zens of that Nation; or 9 (B) the Nation consents in writing to the 10 trust status for such land; and 11 (3) the Secretary taking land within the exte- 12 rior boundary of a Nation’s reservation into trust in 13 accordance with paragraph (2) shall not alter or di- 14 minish any criminal or civil jurisdiction of the con- 15 senting Nation. 16 SEC. 5. NO EFFECT. 17 Nothing in this Act— 18 (1) waives the sovereign immunity of a Nation; 19 (2) expands, limits, modifies, or otherwise af- 20 fects the authority or right that a Nation possesses 21 under, or which is protected by, a treaty with the 22 United States or other Federal law; 23 (3) deprives a Nation of any right, privilege, or 24 immunity afforded under Federal treaty, agreement, 25 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3091 IH statute, or other law with respect to hunting, fish- 1 ing, or water; or 2 (4) invalidates, supersedes, or restricts any 3 intergovernmental agreement or compact between a 4 Nation and the State, or any of its subdivisions, en- 5 tered into before the date of the enactment of this 6 Act. 7 SEC. 6. INTERGOVERNMENTAL CRIMINAL JURISDICTION 8 COMPACTS. 9 (a) IN GENERAL.—A Nation may negotiate and enter 10 into one or more intergovernmental compacts with the 11 State regarding criminal jurisdiction on the Indian coun- 12 try (other than on Indian land) of that Nation, in accord 13 with this Act. 14 (b) AUTHORIZATION.— 15 (1) IN GENERAL.—Upon entering into a com- 16 pact that satisfies the requirements of subsection (c) 17 and subject to the limitations set forth in subsection 18 (d) and the terms of such compact, the State may 19 exercise its criminal jurisdiction in accord with its 20 laws over offenses committed by or against Indians 21 within the reservation of the Nation (other than on 22 Indian land) to the same extent as the courts of the 23 State have jurisdiction over and its laws apply to of- 24 fenses committed elsewhere within the State on 25 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3091 IH lands that are not Indian country, notwithstanding 1 sections 1152 and 1153 of title 18, United States 2 Code, and other Federal laws providing for United 3 States criminal jurisdiction exclusive of State juris- 4 diction on lands that are Indian country. 5 (2) EXISTING JURISDICTION.—The jurisdiction 6 of the State described in paragraph (1) shall be con- 7 current with any criminal jurisdiction of the United 8 States and the Nation on lands that are Indian 9 country. 10 (c) REQUIREMENTS.—An intergovernmental criminal 11 jurisdiction compact entered into under this section 12 shall— 13 (1) define any geographic limits within the res- 14 ervation of the compacting Nation on which the 15 State may exercise criminal jurisdiction; 16 (2) define the categories of criminal offenders 17 or offenses within the reservation of the compacting 18 Nation over which the State may exercise jurisdic- 19 tion; 20 (3) provide for means to amend the compact; 21 (4) provide for means for either party to revoke 22 the compact upon not less than one year of written 23 notice to the other party, specifying the date on 24 which such revocation shall take effect and stating 25 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3091 IH that revocation shall not affect any action, pending 1 proceeding, conviction, adjudication, or final deter- 2 mination over which a court has already assumed ju- 3 risdiction; and 4 (5) provide that it shall take legal effect upon 5 entry in accordance with the respective laws of the 6 State and the Nation. 7 (d) LIMITATIONS.—Nothing in this Act or any agree- 8 ment entered under this Act shall— 9 (1) limit or otherwise diminish the jurisdiction 10 of the United States or of a Nation; 11 (2) limit or otherwise affect the allocation of 12 criminal jurisdiction respecting Indian land; 13 (3) alter or otherwise affect jurisdiction over 14 any person for any offense committed before a com- 15 pact takes effect; 16 (4) limit or otherwise diminish criminal juris- 17 diction of the State over offenses committed by a 18 person anywhere on the Indian country of a Nation 19 before the date of a compact taking effect; 20 (5) limit or otherwise diminish applicability of 21 the criminal laws of the State anywhere on the In- 22 dian country of a Nation before the date of a com- 23 pact taking effect; or 24 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3091 IH (6) confer upon the State any authority to im- 1 pose any tax, fee, charge, or other assessment upon 2 a Nation, nor may the State refuse to enter into a 3 compact based on the lack of authority in the State, 4 including its political subdivisions, to impose any 5 such tax, fee, charge, or other assessment. 6 SEC. 7. FEDERAL ENGAGEMENT. 7 (a) UNITED STATES ATTORNEY GENERAL.—At the 8 request of a Nation, the Attorney General shall consult 9 with and provide technical assistance to the Nation for 10 purposes of developing or implementing any compact au- 11 thorized under this Act. 12 (b) BUREAU OF PRISONS.—In the case of an offender 13 sentenced by a Nation to a term of imprisonment of more 14 than 6 months, the Nation may require the offender to 15 serve his or her sentence in the nearest appropriate Fed- 16 eral facility. The Bureau of Prisons shall accept and im- 17 plement the term of imprisonment in accordance with such 18 sentence, and the term of imprisonment shall be subject 19 to the conditions described in section 5003 of title 18, 20 United States Code, regarding the custody of State offend- 21 ers, except that any offender sentenced by a Nation shall 22 be imprisoned at the expense of the United States. 23 (c) DUTIES OF THE SECRETARY.— 24 VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3091 IH (1) PUBLICATION OF COMPACT.—Upon a Na- 1 tion and the State entering a compact under section 2 6, the Nation may provide a copy of the compact to 3 the Secretary, who shall then cause notice of the 4 compact to be published in the Federal Register not 5 later than 30 days after receiving such copy. 6 (2) REPORT.—The Secretary shall— 7 (A) in consultation with each Nation— 8 (i) complete a report on the develop- 9 ment and implementation of compacts 10 under this Act; and 11 (ii) make recommendations for further 12 action to support and enhance the criminal 13 justice system of each Nation, including 14 additional Federal expenditures appro- 15 priate to such actions; and 16 (B) not later than 2 years after the date 17 of the enactment of this Act, submit the report 18 prepared under subparagraph (A) to the Com- 19 mittee on Natural Resources of the House of 20 Representatives and the Committee on Indian 21 Affairs of the Senate. 22 Æ VerDate Sep 11 2014 23:42 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3091.IH H3091 kjohnson on DSK79L0C42PROD with BILLS