Federal Court Finds Interior Violates Self-Determination Act in Denying Public Safety Funds to Tribes in P.L. 280 States
In a decision from the United States District Court for the Southern District of California, the court ruled that the Bureau of Indian Affairs cannot deny law enforcement funding to tribes just because tribes are located within in a P.L. 280 state (decision only applies to tribes within the Eight Circuit).
From the decision …
As discussed below, the Court finds that Defendants may not decline Plaintiff’s 638 contract for law enforcement funding solely on the basis of Plaintiff’s location in a P.L. 280 state. Defendants’ policy violates the ISDEAA, the APA, and Plaintiff’s right to equal protection of the law. To be clear, the Court is not requiring that Defendants issue the contract or otherwise dictating how Defendants should allocate their funds. Instead, to level the playing field and ensure that Plaintiff’s request receives a fair evaluation, the Court enjoins Defendants from using California’s P.L. 280 status as the sole reason for declining Plaintiff’s contract proposal.
For the reasons discussed above, the Court hereby enjoins Defendants from denying Plaintiff’s 638 contract solely on the basis of California’s status as a P.L. 280 state. The Court finds that Defendants’ unwritten policy of denying law enforcement funding to tribes in P.L. 280 states violates the ISDEAA, the Administrative Procedures Act, and Plaintiff’s right to equal protection of the law. The Court therefore GRANTS in part and DENIES in part Plaintiff’s Motion for Summary Judgment, and GRANTS in part and DENIES in part Defendants’ Cross Motion for Summary Judgment.
Here are the materials in Los Coyotes Band of Cahuilla and Cupeno Indians (S.D. Cal.) (from Turtle Talk):
