Expand tribal police authority

As more and more non-Indians work, play and shop on tribal land, there is a serious imbalance in the legal ability to maintain law and order.

House Bill 2476, and a companion measure in the Senate, would give tribal police departments the authority to arrest non-Indians on tribal land. The legislation deals with the reality of skyrocketing contacts across economic and sovereign boundaries.The intent is straightforward. Tribal police officers would have the powers of any other Washington peace officer to enforce state laws and make arrests.

Tribal law enforcement had broader authority until a U.S. Supreme Court case 30 years ago said Indian police could not arrest non-Indians on reservations. Lawmakers in Olympia are looking at language that covers the high court's concern, namely the training and professionalism of the departments.

To qualify for the broader authority, the tribes would have to provide proof that each officer meets the training requirements set down in state law. In addition, the tribes must have liability insurance, similar in coverage to what is carried by non-Indian law-enforcement agencies. In the case of legal challenges, the tribes would also have to renounce a claim of sovereign immunity.

Indians cited outside the reservation boundaries could be referred to tribal court. The legislation specifies that tribal court authority is not extended.

This effort boils down to a coherent way to enforce traffic and criminal laws inside tribal boundaries. A mix of landholdings, business and recreation activity, and criminal behavior by nontribal members on reservations cries out for a practical solution.

The authority of tribal police away from the reservations remains defined and proscribed, but legal clarity inside the boundaries is overdue. The Washington Association of Sheriffs and Police Chiefs has endorsed expanded authority for tribal peace officers.

Northwest tribes are good neighbors. Their economic progress is impressive, and this legislation fits their capacities and achievements.