On Monday afternoon, Sheriff Donald Bell released a public statement stating that Lake County would officially pull out of Public Law 280 after May 20, 2024. The sheriff's statement also stated they will no longer bear the cost of law enforcement for the Confederated Salish and Kootenai Tribes (CSKT).
In a statement from Governor Greg Gianforte's Communications Director, Sean Southard, "the governor has not received the proper resolution for him to make a proclamation recognizing Lake County's withdrawal from enforcing PL-280."
According to a letter sent to the Lake County Attorney's Office on May 16, 2024 from Anita Milanovich, General Counsel to the Office of the Governor, Lake County did "not satisfy the requirements of the statute" to seek withdrawal from Public Law 280.
On May 16, 2024, Governor Greg Gianforte sent a letter to the Lake County Commissioners in response to the county's intent to withdrawal from PL-280.
The next day, on May 17, 2024, the Lake County Commissioners issued a public statement stating "The County is confident that it has followed the statutory process for the governor to issue his proclamation on May 21, 2024. The Governor has offered to facilitate a meeting with County officials to find a long-term solution."
So what is Public Law 280? PL 280 is a 1963 law that declares Lake County will fund and police Tribal lands within the county.
Lake County expressed intent to pull out of PL 280 because it was costing the county nearly $4 million a year to police the tribal lands.
Gov. Greg Gianforte recently responded to the request for the state to pay for the policing of CSKT lands, but he denied the funding.
Lake County Sheriff Don Bell says the Lake County commissioners and the Sheriff's Office will begin tracking expenses and will bill the state for expenses related to enforcement under PL280.
But for both Lake County Sheriff and CSKT Tribal Police, this will not affect the safety of the community.
CSKT Tribal Council Chairman Michael Dolson said the following in a statement:
On March 1, 2024, Montana Governor Greg Gianforte provided correspondence to the Lake County Board of Commissioners that the State of Montana plans to retrocede from the termination-era policy known as Public Law 280 (PL 280) on the Flathead Indian Reservation. The Governor’s letter was in response to Lake County’s November 2023 notice of withdrawal of consent to enforce Public Law 280. Under state law, Governor Gianforte has until May 20, 2024 to issue an official proclamation recognizing the County’s withdrawal.
At this point in the process, the Confederated Salish and Kootenai Tribes (CSKT) continue to collaborate with all jurisdictions across the Reservation to provide robust law enforcement services and ensure the safety of all citizens in our communities.
“Our focus on public safety remains steadfast regardless of the status of PL 280,” said CSKT Tribal Council Chairman Michael Dolson. “We are committed to security in our communities. As the process unfolds, we continue to prepare and shape jurisdictional considerations for the future.”
During this transition, CSKT is offering technical, legal, and personnel resources as the Tribes work with state and federal partners to determine a solid path forward.
“Currently the Tribes provide the core of law enforcement as a critical benefit across the Reservation, using CSKT dollars and CSKT personnel, at the highest-quality standard, and serving tribal and non-tribal citizens,” said CSKT Tribal Police Chief Craige Couture. “When there is a call for emergency services, tribal officers are there making our communities more secure. The status of PL 280 does not change our mission, and we remain dedicated to the longstanding collaborative partnerships we have established with other jurisdictions, which is evidenced by the fact that we already conduct the majority of criminal investigations on the Reservation—again using CSKT resources and funding.”
Through our recent memorandum of understanding, CSKT reaffirmed the commitment to work collaboratively with other jurisdictions to ensure public safety across the Flathead Indian Reservation, including with federal and state entities, Flathead County, Missoula County, Sanders County, Hot Springs, Ronan, Polson, St. Ignatius, and with Lake County.
CSKT also continues to exercise its exclusive misdemeanor jurisdiction and concurrent felony jurisdiction over members of federally recognized tribes. In 1994, CSKT retroceded from the State’s misdemeanor jurisdiction, meaning that the Tribes took back misdemeanor jurisdiction over members of federally recognized tribes. Since that time, CSKT has had exclusive misdemeanor jurisdiction and shares felony jurisdiction with the State and, in some instances, the federal government over offenses allegedly committed by members of federally recognized tribes which occur within the exterior boundaries of the Flathead Indian Reservation.
“Public safety is vital to the quality of life for all citizens. CSKT continues to provide leadership as we move through the last vestiges of this termination-era policy that has run its course,” said Dolson. “We appreciate all the work that many people, across several different governments, have contributed. We appreciate the partnership of the stakeholders as we determine the best public policy moving forward.”
George Simpson, Chief of Police for the City of Polson, released the following statement:
The Polson Police Department’s mission is to earn the public’s trust, without exception, by contributing to the peaceful harmony of our community. Doing so means having respect for tribal sovereignty and Indigenous cultures as well as accountability to the needs and perspectives of Indigenous peoples who remain connected with this land. We are committed to a partnership with members and guests of our community that inspires confidence in all to make Polson a safe and pleasant place to live, work, learn and play. We strive to produce positive results that preserve peace, prevent crime and disorder while safeguarding the personal liberties, dignity, and individuality of all people.
The Polson Police Department remains a mission centric organization. While the Lake County Government is working through the withdraw process from Public Law 83 – 280 and withdrawing from the Memorandum of Agreement for Criminal Justice Services on the Flathead Reservation, the Polson Police are not.
The citizens and guests of the City of Polson will see no noticeable changes in law enforcement services. The public safety in our community remains strong and continues to be of the utmost priority for the City of Polson.
The City of Polson will not be a lawless land and stands firm with Confederated Salish and Kootenai Tribes (CSKT) in carrying out the public safety mission in our community. While the Polson Police Department has a good relationship with all law enforcement agencies in the Mission Valley, we have a great relationship with CSKT Law and Order.
Lake County Sheriff Don Bell released the following statement in response to Public Law 280:
To the Citizens of Lake County,
As you may be aware, we are on the eve of Lake County withdrawing its consent to bear the costs of PL280, a law which provides that the State, and therefore my Office, have jurisdiction over Tribal Members who commit felony crimes. Because it has been widely publicized, I will not elaborate on the historical or ongoing political environment surrounding this issue. It is my intent to inform the community that after Lake County withdraws its consent to participate in PL280, it does not divest my Office of my authority, or my obligation to ensure peace and order within our community. This Office, and our Deputies will continue enforcing the law in the same manner we have under the PL280 arrangement for decades. Following discussions with the Lake County Commissioners, it has been determined that we will begin tracking expenses and billing the state for these expenses related to enforcement under PL280. I swore an oath to protect this community and want the community to know that withdrawal of consent from PL280 changes nothing in terms of the Sheriff’s Office response to crime and disorder in the county.
Respectfully,
Donald R. Bell - Sheriff
