POLSON — Dozens of people crowded into a large conference room in the Lake County Courthouse Tuesday afternoon to watch county commissioners unanimously approve a resolution to withdraw from Public Law 280 — a law that establishes a unique law enforcement relationship with the Confederated Salish and Kootenai Tribes.
Prior to voting in favor of the motion, Commission Chair Gale Decker said this vote would be “the most important vote I will take in my 10 years as a county commissioner."
During a meeting on Jan. 3, 2023, Lake County commissioners unanimously voted to withdraw from Public Law 280.
The commissioners in December passed a resolution of intent to withdraw from the law, which initiated a weeks-long public comment period. Four people offered comment on Tuesday, all of whom spoke in favor of withdrawing from Public Law 280.
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The withdrawal will take effect in late May, after the Legislature concludes its 2023 session.
The decision to withdraw has financial and logistical consequences for the state and could prompt criminal jurisdiction over tribal members on the Flathead Reservation to change hands.
What is Public Law 280?
In an agreement between the state and tribes, Lake County law enforcement since 1963 has collaborated with the Confederated Salish and Kootenai Tribes (CSKT) under Public Law 280.
The law states that felony crimes committed by tribal members on the Flathead Reservation are handled by local county law enforcement, rather than by federal agencies, like the Bureau of Indian Affairs and FBI.
Lake County, home to over 32,000 people, overlaps with the majority of the Flathead Reservation. The county is 67% white and 24% Native.
Who is responsible for funding PL 280?
Lake County has alleged — through letters and litigation — that the county has not been reimbursed for assuming jurisdiction. A 2017 state fiscal analysis estimated that fulfilling 280 cost the county up to $4 million.
Decker said on Tuesday that the county’s share of tax receipts each year is about $13 million. He said that because the county received additional funding recently from the Coronavirus Aid, Relief and Economic Security Act and American Rescue Plan Act, the total county budget for the upcoming year is about $27 million.
Commissioner Steve Stanley at Tuesday’s meeting said if Public Law 280 is not funded, “We have no choice but to pull out.”
However, attorneys for the state have alleged that the county is “responsible for the costs it now seeks to avoid.”
Decker at Tuesday’s meeting criticized Gov. Greg Gianforte, saying the governor “has shown no interest in meeting with us.”
“His lack of leadership has been astounding,” Decker said, adding that residents’ safety “is not a concern of his.”
Gianforte’s spokeswoman, Brooke Stroyke, in December said, “The Legislature, not the governor, has authority to fund Public Law 280.” She added that the governor’s office recognizes the right of the county to withdraw from the law.
Stroyke did not immediately respond to a request for comment late Tuesday afternoon. A representative on behalf of the tribes declined to comment.
What happens now?
The withdrawal, according to the resolution, will take effect on May 26, 2023. Decker said the effective date was set in May to “allow the Legislature time to address this issue.”
Commissioner Bill Barron said his goal in passing the resolution is to “get the attention of the Legislature to show them that we’re serious and to get us some funding.”
Rep. Greg Hertz, R-Polson, who has sponsored past legislation to secure funding for Public Law 280, has submitted unofficial draft legislation for a bill that would require the state and Lake County to agree on reimbursement for Public Law 280. If funding is not agreed upon, the bill reads, the state “shall assume criminal jurisdiction over the Flathead Reservation.”
If the Legislature does not vote to fund the law, in May, the county will officially withdraw, and the state — not federal law enforcement — will assume responsibility for prosecuting certain felonies on federal lands in Lake County. If a tribal member commits a felony on the Flathead Reservation, for example, the case would be handled by state law enforcement and prosecuted by the state, rather than the county.
Lance Jasper, an attorney representing the county, said the May 26 date also gives the state time to prepare to possibly assume criminal jurisdiction over some felonies in the county.
To implement this kind of criminal jurisdiction, the state will likely need to build a police force, hire deputies and establish a detention center on the reservation. Administrative offices, buildings and new procedures would need to be established. Commissioners expect these start-up expenses to cost state taxpayers $100 million.
What about the lawsuit?
Lake County in July filed a lawsuit against the state, asking a District Court to rule that the state must reimburse the county for its agreement with the tribes and pay for past services rendered by the county since the law was enacted 60 years ago.
The state in December filed a motion to dismiss, alleging the county’s claims fail and that the county “has the statutory ability to avoid” costs associated with Public Law 280 and can withdraw by resolution.
