S.578

Tribal Government Amendments to the Homeland Security Act of 2002
(Introduced in Senate)

SEC. 13. CONGRESSIONAL AFFIRMATION AND DECLARATION OF TRIBAL GOVERNMENT AUTHORITIES.

(a) IN GENERAL—For the purpose of this Act, Congress affirms and declares that the inherent sovereign authority of an Indian tribal government includes the authority to enforce and adjudicate violations of applicable criminal, civil, and regulatory laws committed by any person on land under the jurisdiction of the Indian tribal government, except as expressly and clearly limited by—

(1) a treaty between the United States and an Indian tribe; or

(2) an Act of Congress.

(b) SCOPE- The authority of an Indian tribal government described in subsection (a) shall—

(1) be concurrent with the authority of the United States; and

(2) extend to—

(A) all places and persons within the Indian country (as defined in section 1151 of title 18, United States Code) under the concurrent jurisdiction of the United States and the Indian tribal government; and

(B) any person, activity, or event having sufficient contacts with that land, or with a member of the Indian tribal government, to ensure protection of due process rights.