Mr. Speaker, I thank the gentleman from California for yielding and for his time managing today's floor debate. Mr. Speaker, I rise in strong support of H.R. 1074, a bill I first introduced in the…
Mr. Speaker, I thank the gentleman from California for yielding and for his time managing today's floor debate.
Mr. Speaker, I rise in strong support of H.R. 1074, a bill I first introduced in the 114th Congress, which would repeal a 1948 law that granted the State of Iowa criminal jurisdiction over offenses committed by or against members of the Sac and Fox Tribe of the Mississippi in Iowa.
Prior to this 1948 law, the Tribe had largely policed itself, and there was little, if any, Federal law enforcement on the Tribe's land.
Historically, determining who may exercise jurisdiction over crime in tribal communities is complex. Generally, crimes committed by or against Indians in Indian Country are under the jurisdiction of the United States, pursuant to various Federal statutes. The 1948 Act was passed at a time when the Federal Government was attempting to shift its responsibility and obligations from tribes to the respective States.
In 1953, Congress passed a law, commonly called Public Law 280, transferring criminal jurisdiction over all crimes, regardless of the Indian status of the offender or victim, in Indian Country of six States from the Federal Government to those States. Even though Iowa was not one of those States, for years it has been treated as if it were a Public Law 280 State.
With respect to the law enforcement on the settlement today, a lot has changed since 1948. Today, the Tribe has a fully-functional criminal justice system, which includes a full-time police department whose officers are certified by the State of Iowa. The Tribe maintains and employs law-trained judges and a prosecutor who, together with a probation department, handle all criminal cases which arise on tribal lands.
H.R. 1074, and its Senate companion bill, have bipartisan support from the entire Iowa delegation, as well as the support of the Iowa State Legislature, which passed legislation signed by then-Governor Terry Branstad in April 2016, that began this process of conferring jurisdiction to the Tribe and the Department of Justice.
As my friend from California previously mentioned, the entirety of the Meskwaki Settlement is located in Tama County, Iowa, in my district. Since I have come to Washington, I have gotten to know the Sac and Fox Tribal Council and their representatives, and I was happy to first introduce this bill in 2016 after its approval by then- Governor Branstad.
Mr. Speaker, I urge the adoption of this bill, and I hope it continues to move through the legislative process so that the Tribe may once again have jurisdiction over many of the crimes committed against their members on their land, and restore another portion of the Tribe's sovereignty, which has been removed since 1948.