Transcript Status of quantification of water rights for arizona Tribes

THE TRIBAL LAW ENFORCEMENT
CONSORTIUM OF ARIZONA
A N E W WAY T O S H A R E L A W E N F O R C E M E N T I N F O R M AT I O N
IN INDIAN COUNTRY
NAJIS Annual Conference
November 3, 2016
PRESENTATION OVERVIEW
• Tribal Governance and Tribal law enforcement’s role in the
exercise of Tribal sovereignty
• Introduction to the Tribal Law Enforcement Consortium of
Arizona (TLECA)
• How TLECA was conceptualized – a new solution for an old
problem
• TLECA nuts and bolts
• Challenges to TLECA Formation and Implementation
• Future Plans for TLECA
TRIBAL GOVERNANCE AND TRIBAL LAW ENFORCEMENT’S
ROLE IN THE EXERCISE OF TRIBAL SOVEREIGNTY
• 567 federally recognized Indian Tribes
in the United States (called Tribes,
nations, bands, pueblos, communities,
rancherias and native villages)
• Indian Tribes hold 56 million acres of land in the lower 48
states, or approx 2.9% of lands
• The largest reservation – Navajo Nation – about the size of West
Virginia
• Some Indian Tribes have very small reservations or no reservation at all
TRIBAL GOVERNANCE AND TRIBAL LAW ENFORCEMENT’S
ROLE IN THE EXERCISE OF TRIBAL SOVEREIGNTY
• Indian Tribes are sovereign nations
• Inherent authority to enact Tribal law, control lands and
exercise Tribal jurisdiction over Tribal members living on the
Reservation
• Essence of Tribal sovereignty is the ability to govern and to
protect the health, safety and welfare of Tribal citizens within
Tribal territory
TRIBAL GOVERNANCE AND TRIBAL LAW ENFORCEMENT’S
ROLE IN THE EXERCISE OF TRIBAL SOVEREIGNTY
• Article 1, Sec. 8 U.S. Constitution
“Congress shall have the power to …regulate commerce with
foreign nations, and among the several states, and with Indian
tribes….”
• Chief Justice John Marshall, United States Supreme Court
Worcester v. Georgia, 31 U.S. (6 (Pet.) 515, 561 (1982)
“Indian Nations have always been considered, distinct,
independent political communities, retaining their original
natural rights, as the undisputed possessors of the soil ….The
very term ‘nation’ so generally applied to them, means ‘a
people distinct from others.’”
TRIBAL GOVERNANCE AND TRIBAL LAW ENFORCEMENT’S
ROLE IN THE EXERCISE OF TRIBAL SOVEREIGNTY
• Tribes are governed by their own laws enacted by their Tribal
councils or other governance structures
• Tribes have their own Tribal court systems and jails
• Tribal Police Departments –protect and serve Indian Country
• There are approx. 2,300 Tribal Police (BIA and Tribal) serving
today in the lower 48 states
• Protect the health, safety and welfare of
both Indian and non-Indian residents on
Tribal lands
• Enforce Tribal law and applicable state
and federal laws through crossdeputization agreements and certification
TRIBAL GOVERNANCE AND TRIBAL LAW ENFORCEMENT’S
ROLE IN THE EXERCISE OF TRIBAL SOVEREIGNTY
• There are 22 federally
recognized Indian Tribes in
Arizona
• Tribal lands in Arizona
comprise approximately 28%
of Arizona’s total land base
• Some reservations in Arizona
are close to urban areas,
while others are located in
rural and sometimes remote
parts of the State
INTRODUCTION TO THE TRIBAL LAW ENFORCEMENT
CONSORTIUM OF ARIZONA
• The Tribal Law Enforcement Consortium (TLECA) was
developed in 2013 by Tribes/for Tribes in Arizona
• First in the United States
• Goal – to facilitate the sharing of criminal information
(not intelligence) among participating Tribes
• Information among participating Tribal Police
Departments shared electronically through FBI National
Data Exchange Portal (FBI N-Dex)
• Walled off electronic space only viewable by participating
TLECA Tribes
HOW TLECA WAS CONCEPTUALIZED – A NEW
SOLUTION TO AN OLD PROBLEM
• Development of TLECA was really an extension of ICIN
• Facilitated by the Inter Tribal Council of Arizona, Inc.
• TLECA created through the approval of a Memorandum
of Agreement among five original Tribal Members:
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Ak-Chin Indian Community
Tohono O’odham Nation
Fort McDowell Yavapai Nation
Salt River Pima-Maricopa Indian Community
Gila River Indian Community
• Grant-funded through SEARCH
• TLECA Servers
• Technical Assistance
TRIBAL LAW ENFORCEMENT CONSORTIUM OF ARIZONA
NUTS AND BOLTS
• Memorandum of Agreement (MOA)
used to create TLECA
• Adopted by Tribal Resolution by each of
the five original Tribes
• Provides Tribal Authorization to Tribal
Police Chiefs to share information using
FBI N-Dex
• Information sharing limited to only
“authorized personnel”
• Binds each participating Tribe to
perform the obligations and
receive the information benefits
of TLECA
TRIBAL LAW ENFORCEMENT CONSORTIUM OF ARIZONA
NUTS AND BOLTS
• Key provisions in TLECA MOU include:
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Tribal sovereign immunity
Requires uniform exchange policy
Prescribes ownership, use and quality of information requirements
Creates system for sanctioning bad acting members
Prescribes terms for unilateral withdrawal from TLECA or termination of
TLECA MOU
CHALLENGES TO TLECA FORMATION AND
IMPLEMENTATION
• Challenges to TLECA Formation
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Funding
Forming consortium among five different Tribes (Nations)
Binding everyone to the same terms
Tribal sensitivity to information sharing in general
Determining the types of information that can be uniformly shared
CHALLENGES TO TLECA FORMATION AND
IMPLEMENTATION
• How challenges to forming TLECA were overcome
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Direct and vigorous involvement of Chiefs of Police
Commitment to the need for information sharing
Recognizing the unique Tribal sensitivity to information sharing
Finding areas of agreement – punting the rest
Direct involvement of the “in house” attorneys for each TLECA Tribe
CHALLENGES TO TLECA FORMATION AND
IMPLEMENTATION
• Challenges to TLECA Implementation
• Biggest challenge was the concern over reach back with criminal
information.
• Funding – Grant through SEARCH assisted with Technical Assistance and
purchase of servers for five TLECA member agencies
• Keeping everyone on track to complete necessary work, as well as
obtaining needed signatures.
• Outreach
CHALLENGES TO TLECA FORMATION AND
IMPLEMENTATION
• How implementation challenges were overcome
• After each agency “uploads” information, they disconnect from ITCA,
same with ITCA to N-Dex.
• Working with Tribal Law Enforcement and Federal partners explaining
the benefits of TLECA.
FUTURE PLANS FOR TLECA
• Future plans for TLECA include
• Continue to add new member Tribes (recently added Hualapai Tribe,
Pascua Yaqui Tribe, San Carlos Apache Tribe)
• Complete the Standard Operating Procedures for TLECA
• Begin full information sharing among existing members
• Get the word out about the TLECA model for other Tribes!