SAMPLE DRAFT LETTER
Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Senator Barbara Boxer
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
U.S. Congress Representative [Insert Name]
Address
Dear SenatorsFeinstein & Boxer,and Representative [Insert Name]:
On behalf of the [NAME OF TRIBE/RANCHERIA], I am writing to ask for your assistance in securing annual appropriations to support [Option 1tribal courts in California] or [Option 2YOUR TRIBAL COURT’S NAME]. There are currently 20 tribal courts in California with five tribes currently in the development stage of a court system. Our tribal courts serve 34 tribal communities including consortium court systems that aggregate resources and serve multiple tribes through one court.
With exception of four tribes that “straddle” Arizona and Nevada,California tribal courts do not receive an annual appropriation from the Bureau of Indian Affairs (BIA) to operate their courts. This lack offunding is attributed to the overall limited appropriation for tribal courtsand because California is a mandatory Public Law 280(PL 280) state. (28 U.S.C.§1360 and 18 U.S.C. §1162). As you mayknow, under PL280 the state has concurrent criminal and limited civil jurisdiction on California Indian Reservations and Rancherias. To date, the BIA’s funding priorityhas been in non-PL 280 statesthat have no state jurisdiction on reservations, leavinga fundinggap for PL 280 tribal courts such as those in California.
Although the BIA’s inequitable funding of tribes in PL280 states has been legally challenged, the federal courts regard appropriations issuesas a Congressional matter. Consequently, this funding disparity became the center-piece of the bipartisan Indian Law & Order Commission’s 2013 report to the President and Congress. (“A Roadmap for Making Native America Safer”). The Commission strongly recommended equivalent funding for tribal justice systems in PL 280 states,highlighting the legal vacuum exacerbated by the lack of federal funding. In many cases if the state fails to act, for a myriad of reasons,and the tribe cannot enforce laws, due to the lack of funding for resources and infrastructure, peoples’ lives are put at stake. These situations lead to dangerous and unsafe communities whereperpetrators commitcrimes on tribal lands without consequences.
In response to the 2013 report, Alaskan Senator Murkowskisuccessfully secured a one-time appropriation of $10 million dollars for the BIA to“assess needs; consider options; and design, development, and pilot tribal court systems for tribal communities, including those subject to P.L. 280.” While California tribes appreciate this one-time opportunity to share the needs, concerns and day-to-day struggles of their courts, the assessment process is only a first step. Without follow-up appropriations, the study will be relegated to an academic exercise.What is urgently and immediately needed is a substantial annual funding commitment for tribal court operations in PL 280 states.
The [TRIBAL NAME] respectfully requests your help in working to secure tribal court and law enforcement funding for California and all tribes situated in PL280 states. Thank you for your time and consideration of our request.