The Violence Against Women Act (VAWA) was enacted in 1994 to create and support responses to domestic violence, sexual assault, dating violence, and stalking. Although federal, tribal, state, and local responses to these crimes have improved, tribal leaders and advocates continue to raise concerns about barriers to the protection of American Indian and Alaska Native (AI/AN) women.

A review of statements made by tribal leaders during consultations and through NCAI resolutions over the years illustrates the complicated legal and policy barriers embedded in the layers of federal Indian law surrounding these long standing issues. NCAI, its partner organizations, Tribal Nations, and advocates identified the following issues, concerns, and recommendations to fully achieve the purposes of Title IX of the Violence Against Women Act (VAWA).

Limited jurisdiction over non-Indian offenders on tribal lands continues to be a key reason for the perpetuation of disproportionate violence against AI/AN women. By including Tribal Nations in Maine and establishing an Alaska Pilot Project, VAWA 2022 restored jurisdiction to all Tribal Nations who choose to exercise Special Tribal Criminal Jurisdiction. While a pivotal step forward, the most recent reauthorization did not address protections for elders or serious crimes that co-occur with domestic and sexual violence, such as financial crimes and homicide.

As noted in SPO-16-037, “domestic violence is not a singular crime but can encompass any criminal activity including property crimes (e.g. malicious mischief, burglary, trespass, etc.), financial crimes (e.g., theft, intentional destruction of credit, etc.), drug crimes (e.g. involuntary drugging, etc.), traffic crimes (e.g., drunk or drugged driving, reckless driving, particularly where the victim is an involuntary passenger, etc.), and personal crimes (e.g. assault, rape, reckless endangerment, kidnapping, unlawful imprisonment, etc.), and can be directed at third parties such as children, family members, boyfriends/girlfriends, or other persons with which the primary victims have relationships.” Notably, a 2016 study by the National Institute of Justice (NIJ) found that more than four in five American Indian and Alaska Native women (84.3 percent) have experienced violence in their lifetime, including 56.1 percent who have experienced sexual violence. Perpetrators will continue to slip through the cracks until Congress fully restores every Tribal Nation’s complete jurisdiction over all crimes committed by non-Indians on Indian land.

Recommendations:

• We urge Congress to legislatively pass a full Oliphant fix, as outlined in NCAI Resolution SPO-16-037.
• The U.S. Department of Justice (DOJ) and the U.S. Department of Interior (DOI) should coordinate and collaborate to implement the provisions of VAWA 2022 and support Tribal Nations in implementing their restored jurisdiction over non-Indian perpetrators.
• The DOJ and DOI should offer joint training opportunities for tribal and federal law enforcement on the implementation of VAWA 2022 in Indian Country.
• The DOJ and DOI should provide training to tribal and federal staff related to the Alaska Pilot Program.
• The DOJ and DOI should implement the June 28, 2019, DOJ Law Enforcement Emergency Declaration for rural Alaska under the Emergency Federal Law Enforcement Assistance Program, which has led to additional justice resources for the area.
• The Bureau of Prisons (BOP) should overhaul its tribal prisoner program to make it easier for Tribal Nations to submit inmate placement requests and ensure adequate numbers of BOP staff on hand to respond to Tribal Nations’ inquiries.
• The DOJ and DOI should support legislation that would fully restore Tribal Nations’ jurisdiction over non-Indians for any offense on tribal lands.
• The DOJ and DOI should support legislation that would remove the limit on the number of Tribal Nations eligible to exercise restored jurisdiction under the VAWA 2022 Alaska Pilot Project.

According to the Department of Justice 2023 Tribal Crime, Data, Collection Activities Technical Report, the total number of tribally operated law enforcement agencies in the United States increased by 32 percent over a decade, from 178 in 2008 to 234 in 2018. Despite the historic wins in VAWA 2022 and the documented increase in tribally operated law enforcement agencies, Tribal Nations are unable to meaningfully exercise restored jurisdiction and make Indian Country safer if the federal government does not live up to its trust responsibility to provide public safety funding and resources to implement the restored jurisdiction.

Tribal Nations spend significant time and resources to develop justice systems and victim services programs to meet the needs of their communities. However, Tribal Nations are limited by a lack of flexible, consistent, and sustainable funding for their justice systems, leaving many without the ability to implement the restored criminal jurisdiction set forth in VAWA 2022.

According to the Bureau of Indian Affairs (BIA) Office of Justice Services 2018 Report to the Congress on Spending, Staffing, and Estimated Funding Costs for Public Safety and Justice Programs in Indian Country For Law Enforcement Programs and Tribal Courts, the cost of a full-time “basic” law enforcement program for Tribal Nations with populations ranging from 1,601 to 6,500 is estimated at $2.3 million. That figure is based on a budgeting model that allocates 2.8 officers per 1,000 residents, as well as the requisite police officials, dispatchers, staff, and equipment. In addition to law enforcement, data collected from tribal court assessments were used to produce a scalable tribal court budget model. The cost of a full-time court that would serve Tribal Nations with service populations ranging from 1,601 to 6,500 is estimated at $2.0 million and scaled to various levels based on tribal service populations.

Although there is hope that the 2022 VAWA tribal reimbursement program will assist with the costs of tribally operated law enforcement agencies, the federal government must live up to its trust responsibility by providing consistent and sustainable upfront funding for tribal public safety and justice systems. Restoring tribal criminal jurisdiction cannot be exercised to make tribal communities safer without the necessary resources and funding to properly exercise that jurisdiction.

NCAI has several resolutions calling for adequate funding to restore tribal jurisdiction, including DEN-07-022 and PHX-03-034.

Recommendations:

• The DOJ, DOI, and all other federal agencies should live up to their trust and treaty responsibilities to Tribal Nations by including annual, consistent, and sustainable noncompetitive funding for Tribal Nations for all public safety and victim services needs in their annual budget requests.
• In the President’s Budget, the DOJ should request the full amount of funding authorized for tribal programs in VAWA 2022, especially the $25 million for the Special Tribal Criminal Jurisdiction (STCJ) grant program and reimbursement for Fiscal Year (FY) 2024 and FY 2025.
• The DOJ and DOI should fund the VAWA 2022 Alaska Pilot Project sufficiently and make building infrastructure allowable for all Alaska Native Villages interested in exercising STCJ.
• The DOJ should work with the DOI to provide comprehensive justice and public safety funding directly to Alaska Native Villages, rather than to the state of Alaska.
• The BOP should cover transportation costs for Tribal Nations to transport inmates to designated facilities and coordinate with Tribal Nations to provide federal transportation to the facility.

In the wake of Oklahoma v. Castro-Huerta (2022), Tribal Nations have reported witnessing a reduction in much-needed justice-related resources from Tribal Nations in Oklahoma and are concerned this trend will continue. Historically, when Congress has acted to increase states’ criminal jurisdiction, SAC-22-043 notes, “the rate of prosecutions of crimes committed against Native victims declines and the threats to public safety on Indian country lands increase; and … federal authorities and agencies have decreased the amount of resources and funding available to federal and tribal authorities that safeguard public safety on Indian country lands.”

Since the 2022 decision, individual local state and county prosecutors have elected not to refer VAWA cases to Tribal Nations on the basis that Castro-Huerta gives states the jurisdiction to prosecute these cases. Tribal Nations report that Federal Bureau of Investigation (FBI) agents and staff have been removed from Oklahoma and that some U.S. attorneys in the state are declining cases against non-Indians in favor of state or local government prosecution. This concern was echoed by the Senate Committee on Appropriations in the Departments of Commerce and Justice, Science, and Related Agencies Appropriations Bill, 2024: “The Committee is concerned about the relatively low number of DOJ and FBI investigative resources in Indian Country and encourages DOJ and FBI, in consultation with the Bureau of Indian Affairs and State, local, and Tribal law enforcement agencies, to increase resources, including additional FBI agents, to investigate, respond to, and prevent crimes in Indian Country.” The decision to pull vital resources out of Indian Country has been made without government-to-government consultation with impacted Tribal Nations and needs to be reversed.

Unlike the federal government, individual states do not owe a trust responsibility to safeguard the lives of Native women and children. As noted in SAC-22-043, “nothing in federal law requires local authorities to inform Indian Nations of VAWA cases that arise within their Indian country territories, even if the local state or county authority ultimately declines to prosecute the crime committed by a non-Indian against an Indian victim.”

An internal memo from a district attorney in Oklahoma that was not intended for distribution but was secured by NCAI reads, “It was determined that all law enforcement reports involving a non-tribal suspect where there is a tribal victim will come initially to the District Attorney's Office and will be retained at the State level for most cases. This includes VAWA, Violence Against Women Act, cases, which we will review and retain or send to our Tribal partners.” It is critical that states not be allowed to exercise jurisdiction on Indian Country lands absent tribal consent.

The concerns of Tribal Nations were echoed in a subsequent memorandum issued on September 2, 2022, by Monty Wilkinson, Director of the Executive Office for United States Attorneys, to all U.S. attorneys, criminal chiefs, tribal liaisons, and victim witness coordinators. In the memo, Director Wilkinson stated that the ruling in Castro-Huerta “does not alter federal jurisdiction to prosecute crimes in Indian country pursuant to 18 U.S.C. §§ 1152 and 1153. Nor does the decision diminish the federal government’s trust responsibility to tribes.” The director went on to advise U.S. Attorneys to “not alter referral practices without formal consultation with tribes in their districts, bearing in mind the important principles of tribal sovereignty, [DOJ’s] government-to-government relationship, and the importance of partnership and open communication.”

The memorandum asserted that, “the Department [of Justice] considers it a priority to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives by promoting public safety in Indian country. The Castro-Huerta decision does not alter this mission, and communication, collaboration, and coordination among federal, Tribal, and state partners will help meet that goal.”

Recommendations:

• The DOJ and DOI should reverse the course and instead pour more staff, resources, education, and training into Indian Country to ensure that safety is increased, rather than decreased.
• NCAI fully supports the directives issued in the memorandum by Director Monty Wilkinson on September 2, 2022, and applauds the Director’s express recognition of the link between tribal sovereignty, tribal consultation, and safety in Indian Country. The DOJ must ensure that U.S. Attorneys follow the direction of Director Wilkinson and that a similar statement and direction is issued by FBI Director Christopher Wray to stop the FBI retreat from Indian Country.
• The DOJ must ensure that the September 2, 2022, directives are implemented on the ground in Indian Country.
• The DOI should issue a similar memorandum to relevant DOI and BIA staff located in Indian Country and provide training to those individuals.
• The DOJ should provide training and education for U.S. attorneys, FBI personnel, criminal chiefs, victim witness coordinators, and any additional relevant DOJ staff on the directives from Director Wilkinson.

The Supreme Court’s decision in Castro-Huerta circumvents Congress’ exclusive authority over Indian affairs and threatens to upset the balance of powers established in the U.S. Constitution. This threat is already manifesting in new court cases that apply the Supreme Court’s decision in Castro-Huerta, such as a recently overturned Oklahoma Supreme Court decision that concluded that Tribal Nations no longer have exclusive jurisdiction over adoption cases concerning their own citizens within the borders of their reservations under the Indian Child Welfare Act (ICWA). That courts can apply Castro-Huerta to override the plain language of statutes passed by Congress could pose grave consequences for the future of VAWA and require immediate Congressional correction.

In deciding Castro-Huerta, the Court ignored the restored tribal jurisdiction over non-Indian crimes issued in VAWA 2022. As stated in SAC-22-043, “In deciding Castro-Huerta, the Court concluded that States have a more significant governmental interest in protecting Indian children on Indian Country lands than Indian Nations. In deciding Castro-Huerta, the Court violated the Constitution’s separation of powers and disrespected Congress’ exclusive authority to legislate over Indian affairs.”

Recommendations:

• The DOJ must communicate to Congress that it supports the proposed legislation encapsulated in NCAI Resolution SAC-22-043. Without congressional action, the Court will be empowered to continue to rewrite and override federal statutes that Congress has passed to affirm tribal sovereignty and protect Native women and children. Nothing less than the lives of our women and children are at stake.

Numerous NCAI resolutions seek to address the disproportionate rates of violence experienced by AI/AN women. For more than two decades, resolution authors have cited statistical disparities to convey the urgency and humanitarian toll of the MMIW crisis. For example, REN-13-006 reports, “Alaska Native women suffer the highest rate of forcible sexual assault in the United States, an Alaska Native woman is sexually assaulted every 18 hours, and according to the Alaska Native Tribal Health Consortium, one in two Alaska Native women experience physical or sexual violence in their lifetime.” More than 10 years after writing, the statistics of sexual assault remain largely unchanged in Alaska and in other parts of Indian Country.

The continuation of these disparities and the inadequate federal response to the MMIW crisis is a breach of the federal trust responsibility and a human rights violation. An adequately resourced local tribal response to prevent abductions and murders is critically important to protect Native women and reduce these rates of violence.

In 2018, the DOJ noted in their report to Congress that, “[i]t is the Department’s position that prioritization of initiatives in Indian country, including the effort to build capacity in Tribal courts, will lead to enhanced public safety for Native Americans.” The federal government’s failure to adequately fund tribal services and tribal law enforcement and the lack of response from federal law enforcement is a continuation of genocide committed against the first peoples of this country.

Recommendations:

• Despite daily work in Indian Country, the DHS does not have protocols to respond to MMIW cases. The DHS should require each department within the agency to develop and implement MMIW protocols in consultation with Tribal Nations. This would further the mission established by President Biden in Executive Order 14053: Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People.
• The DHS should establish permanent MMIW staff positions within the Department.
• The DHS must fully staff its Office of Tribal Affairs in the Office of Intergovernmental Affairs with at least six staff members to coordinate tribal issues within DHS.
• The DOJ and the DOI should review, revise, and create law enforcement and justice protocols appropriate to the disappearance of AI/AN women and girls, including interjurisdictional issues as provided by the Savanna’s Act and the Not Invisible Act.
• All federal departments should coordinate efforts to increase support for Tribal responses to missing or murdered AI/AN people as required by Savanna’s Act and by Executive Order 14053.4.
• All federal departments should coordinate efforts in consultation with Tribal Nations to increase the response of state governments, where appropriate, to cases of the disappearance or murder of AI/AN people.
• The DOJ should investigate state and local agencies, such as Montana state and local justice officials, with a pattern or practice of inadequately responding to cases of missing and murdered Indigenous women and girls.
• The DOJ and DOI should support the Bridging Agency Data Gaps and Ensuring Safety for Native Communities (BADGES) Act.
• The DOJ should ensure that data on Indian Country, Tribal Nations, and tribal citizens is included in the various reports required by Executive Order 14074: Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety. In particular, the public reports that contain anonymized data from the Accountability Database should include a breakdown of what cases occurred in Indian Country and in what BIA region that conduct occurred.

At the urging of grassroots Native activists throughout Indian Country, Congress authorized the National Baseline Study (NBS) under the 2005 VAWA Reauthorization Act. Tribal governments and programs urgently need the data promised in the NBS, and yet the National Institute of Justice (NIJ) has yet to collect any data findings or results from this study. The NBS is a congressionally authorized study, yet has failed to answer questions about the oversight, implementation, funding, and timely execution of the study.

Recommendations:

• The 2005 reauthorization of VAWA NIJ research program should be fully implemented, and should specifically provide Tribal Nations information regarding missing and murdered AI/AN women, including unique barriers facing Tribal Nations and Native women in P.L. 280 states.
• Many issues not listed in the original study have emerged since the 2005 VAWA listed victimization types. The NBS must include human trafficking and missing and murdered indigenous women-related questions in the survey.

While preventing the occurrence of MMIW should be the primary goal, further steps must be taken to ensure that when crimes occur, both families and the victim are supported in a culturally appropriate way. In many reported incidents, the pain of losing a loved one was exacerbated by improper or culturally insensitive treatment of the case or remains. For example, in the case of Kaysera Stops Pretty Places, the family did not consent to the coroner’s decision to cremate her body.

Other documented violations include the denial of requests by immediate family members to see the bodies of their loved ones without explanation, as well as the mailing and shipping of human remains without notice to the family, often without proper clothing and modesty covers. In at least two documented cases, families received the naked remains of their loved ones in cardboard boxes and plastic bags. In adjudicated cases, law enforcement failed to return the victim’s personal effects and belongings to the family for proper disposal and/or burial consistent with cultural practices.

More than culturally appropriate burial practices are needed to adequately support family members of abducted, missing, or murdered AI/AN women. Tribally-based victim advocacy services prevent MMIW and support the families and community members of abducted, missing, or murdered AI/AN women. It is imperative that resources be devoted to these tribally-based victim advocacy services, which should include, but not be limited to, the following services:

• increased accountability of law enforcement agencies (state and federal) where these crimes occur;
• prevention and education initiatives and campaigns;
• counseling for the children of the victim;
• burial assistance;
• community healing such as walks for justice and to honor the missing or murdered;
• community meals and gatherings; and other tribal-specific activities.

Recommendations:

• The Office on Violence Against Women (OVW) should increase tribally-based victim advocacy services to prevent MMIW and to support the families and community members of abducted, missing, or murdered AI/AN women.
• The DOJ, DOI, DHS, and DHHS should implement recommendations from NCAI regarding the tribal set-aside from the Crime Victims Fund (CVF) to assure these resources reach victims, survivors, and their families.
• Develop protocols in consultation with Tribal Nations that recognize the inherent right of American Indians and Alaska Natives to exercise their traditional practices to prevent and intervene in response to MMIW. These protocols must address the current violations of tribal beliefs, religious, and cultural practices in the handling of human remains.
• Provide direct funding to Tribal Nations to help the families of MMIW transport their loved ones home and lay them to rest in a culturally-appropriate manner.

Tribal governments have raised concerns that DOJ is administering this program in a way that imposes unnecessary administrative burdens on tribal nations and inappropriately interferes with tribal government decision-making about program design and priorities, including requiring that hiring and firing decisions be subject to DOJ review.

AI/ANs experience some of the highest crime victimization rates in the country. The Commerce, Justice, Science and Related Agencies (CJS) appropriations bill included a five percent set-aside for Tribal Nations to address the needs of crime victims. However, the DOJ’s efforts to administer Tribal Victim Services Set-Aside Program funding in the first two years raised significant concerns about their capacity and commitment to ensure the funds actually reached Tribal Nations.

As in ABQ-19-034, SD-15-080, ANC-14-048, KAN-18-007, NCAI has repeatedly called for a permanent set-aside fix to the Victims of Crime Act, flexible funding, and meaningful consultations to ensure that funds are available to eligible Tribal Nations on a non-competitive basis, and can be used for priorities that include but are not limited to victim assistance, victim compensation, training, administrative costs, and facilities construction.

Recommendations:

• Congress should support a permanent tribal set-aside fix to the Victims of Crime Act (“VOCA”) tribal funding stream that reflects actual tribal needs and allows for flexible use of funding.
• The OVC should commit to regular government-to-government tribal consultations to improve the distribution, management, and administration of the Tribal Victim Services Set-Aside Program and determine how regulations should be tailored to address unique tribal needs.
• The OVC should appoint a Standing Working Group of Tribal Experts to improve the Tribal Victim Services Set-Aside Program and provide input on programmatic decisions on an ongoing basis. Ongoing consultation and consistent input from Tribal Nations are imperative to ensure the continued success of the program.
• All programs should utilize a tribally-based view of what constitutes activities that will “improve services to victims of crime” as set forth in the CJS appropriations bill. Tribal Nations have unique and varied needs and CVF funding must be flexible to meet those needs. Congress enacted the tribal set-aside to rectify a longstanding inequity between Tribal Nations, state, and territorial governments. The OVC must respect the sovereign right of Tribal Nations to self-determination.
• The OVC should allow historical trauma and intergenerational trauma to become named victim services.
• The OVC should extend the CVF grant project period for up to four years. A project period of up to four years to spend any funds would allow Tribal Nations to use the time necessary at the start of the award period for project planning and needs assessments.

Sixty-five percent of all federally recognized Indian tribes are located in P.L. 280 states. Despite documented failures in P.L. 280 states to investigate and prosecute crimes involving violence against AI/AN women, Tribal Nations located in P.L. 280 states receive substantially lower support from the BIA for tribal law enforcement and tribal courts than Tribal Nations that are not located in P.L. 280 states. Consequently, the Tribal Nations in P.L. 280 states have two problems: fewer resources to develop their tribal justice systems (including police departments and court systems), and states that have concurrent jurisdiction fail to fulfill their responsibilities under the law.

The DOJ has financially supported and provided technical assistance to Tribal Nations for the development and enhancement of their tribal police departments and court systems since the 1990’s. Due to Tribal Nations’ collective outcry on this issue, only in the past few years has the DOI requested and received funding toward this end. The federal funding disparities for Tribal Nations located in P.L. 280 states and similarly situated jurisdictions must be addressed ina more robust and immediate manner by the federal government.

In 2019, the BIA submitted a report to Congress estimating that to provide a reasonable base level of funding to all federally recognized Tribal Nations: $1 billion is needed for tribal law enforcement,$1 billion is needed for tribal courts, and $222.8 million is needed for detention. Based on recent appropriation levels, the BIA is funding tribal law enforcement at approximately 20 percent of estimated need, tribal detention at about 40 percent of estimated need, and tribal courts at a dismal three percent of estimated need. According to the BIA Office of Justice Services 2018 Report to the Congress on Spending, Staffing, and Estimated Funding Costs for Public Safety and Justice Programs in Indian Country For Law Enforcement Programs and Tribal Courts, about 55 percent of the total estimated cost of Public Safety and Justice (PS & J) Programs is for non-P.L. 280 States, and 45 percent is for costs in P.L. 280 States— which include 373 of the 581 tribal entities that the BIA PS&J funding supports, or 64.2 percent of supported tribal entities. Tribal Nations in P.L. 280 states are disproportionately underserved.

In P.L. 280 states, Tribal Nations have virtually no BIA law enforcement presence or funding for courts and law enforcement other than what is appropriated from year to year, essentially providing no sustainability or safety. It is imperative not only to fully restore Tribal Nations’ jurisdiction over non-Indian perpetrators, but to also provide funding for justice systems to enhance safety across all of Indian Country.

SAC-22-002 called on the DOI to provide annual, noncompetitive, base tribal justice funding for PL-280 Tribal Nations to develop and sustain tribal court systems, assist in the provision of public safety and related services, and assist with intergovernmental agreements. It was noted that such funding should not be lower than the minimum amount identified by the 2015 BIA Report to Congress that identified the budgetary needs of tribal courts in P.L. 280 states, and that the BIA should expeditiously conduct an updated study to identify the budgetary needs of PL-280 Tribal Nations to provide comprehensive public safety and justice services.

Recommendations:

• The BIA should continue to request appropriate additional federal funding to provide public safety and justice resources to Tribal Nations located in P.L. 280 states.
• The BIA should provide funding to Tribal Nations located in the P.L. 280 states for their tribal court systems and law enforcement agencies and administer that funding in a sustainable and equitable manner while ensuring accountability.
• The BIA should seek to end the disparity in funding between Tribal Nations based on their location within or outside of a P.L. 280 state.
• The BIA should expeditiously conduct an updated study to identify the budgetary needs of PL-280 tribes to provide comprehensive public safety and justice services.

There is a long and ongoing historical link between extractive industries and violence perpetrated on the people, primarily women, of the land upon which they work. In the 2014 statement by the United Nations Special Rapporteur on the Rights of Indigenous Peoples, James Anaya reported that the introduction of workers from extractive industries via man-camps lead to increased sexual harassment and violence such as rape and assault on Indigenous women in their communities. In 2019, the U.S. Bureau of Justice Statistics published a study of rates of violence in the Bakken oil-producing region of Montana and North Dakota that found a 70 percent increase in violent crime corresponding to the growth of extractive industry in the area, with no such increase observed in adjacent counties without extractive industries.

The escalation of sexual and domestic violence, including sex trafficking, due to the presence of extractive industries on or nearby tribal lands must be addressed by the DOJ, DOI, DHHS, DHS, and the Department of Defense (DOD). Extractive industries, companies, and subcontractors must be held accountable for the resulting violence from itinerant workforces that are used within tribal communities by these industries. AI/AN women and their children should not be exposed to violence by those employed by these industries.

Recommendations:

• The DOJ, DOI, DOD Army Corps of Engineers, DHHS, and DHS should create standards of protection for tribal communities for extractive industries’ compliance before, during, and post-construction to protect AI/AN women and children. The protections must also be included throughout the federal permitting processes.
• The DOJ should assist Tribal Nations in safeguarding the lives of AI/AN women from extractive industries that employ a militarized police force. Further protections must be employed to ensure that no militarized tactics and usage of excessive force and/or violations of civil rights are committed against tribal citizens.
• The DHHS should enhance support for services and training for shelter and related advocacy and medical services by developing materials addressing the needs of domestic and sexual violence victims who are victimized by itinerant workers who cannot be held accountable by local tribal authorities.
• The DOJ, DOI, and DHS should establish screening guidelines to prevent convicted rapists, domestic violence offenders, stalkers, child predators, sex traffickers, and murderers from employment with extractive industries on or near tribal lands to prevent predators from accessing vulnerable and often unprotected populations of AI/AN women and children.
• The federal government should perform an analysis of gendered violence and the impacts of man-camps in all federal permitting for mines and all extractive projects, and create additional education and economic opportunities for rural youth beyond mining. They must also work directly with Tribal Nations, communities, and organizations to become better educated on the connection between extractive industries and gendered violence.
• As called for in NO-23-024, federal offices and agencies, and state governments should require the development of an enforceable community safety plan as a condition of any permit issued that would result in the development of a man camp on tribal lands or near AI/AN communities.

TLOA section 212 requires the U.S. Attorneys to coordinate with tribal justice officials on the use of evidence when declining to prosecute a crime on the reservation. Sharing evidence of crimes committed on a reservation is critical for the safety of AI/AN women. Tribal officials need to be notified in a timely manner when a U.S. Attorney declines to prosecute sexual assault and/or domestic violence cases and why they have declined to do so. When the perpetrator is an Indian defendant, a tribal prosecutor may then proceed with the tribal prosecution of the crime. In cases with non-Indian defendants, it is still important that the U.S. Attorneys notify tribal officials. Tribal Nations can then notify the victim about the status of the case, which allows the victim to take the necessary steps for their protection.

Recommendations:

• The U.S. Attorney General should direct U.S. Attorneys to implement Section 212 of TLOA and be accountable for the necessary coordination and reporting duties with tribal justice officials pursuant to 25 U.S.C. § 2809 (b). The failure to implement the law should be tied to employee performance metrics.
• The U.S. Attorney General should work with the DOJ Tribal Nation Leadership Council to address public safety, criminal justice, and other critical issues facing Indian Country.

Section 261 requires the U.S. Bureau of Prisons to notify tribal justice officials when a sex offender is released from federal custody into Indian Country. Proper implementation of this provision is critical to the safety of AI/AN women.

Recommendations:

• The federal government must ensure that tribal justice officials are notified of prisoner release and re-entry on tribal lands, regardless of the process by which this occurs (i.e., whether the BOP director gives notice directly to tribal justice officials or to the U.S. Attorney and the U.S. Attorney is responsible for relaying that message to tribal justice officials).

The Family Violence Prevention and Services Act (FVPSA) was enacted in 1984 as Title III of the Child Abuse Amendment, reauthorized and amended in 2010. It continues to be the federal government’s only funding source dedicated to supporting life-saving services provided by domestic violence programs and shelters across the country. However, FVPSA authorization expired in 2015, leaving both states and Tribal Nations without funding for domestic violence shelters. Since its expiration, tribal leaders have raised concerns about the lack of shelter and supportive services for domestic violence survivors and the retreat of resources for children and families from Indian Country.

Recommendations:

• The DHHS should support FVPSA reauthorization.
• The DHHS should amend FVPSA to increase the tribal set-aside for Tribal Nations and provide funding for tribal coalitions.
• The DHHS should authorize permanent funding for the Alaska Native Tribal Resource Center on Domestic Violence, the Native Hawaiian Resource Center on Domestic Violence, and the National Indian Domestic Violence Hotline.

The MMIW crisis necessitates the urgent need for focused attention and specialized support. However, the existing Federal Communications Commission (FCC) approved Event Codes for missing persons fail to account for the unique circumstances and challenges faced by missing and endangered AI/AN adults. The FCC is the regulatory agency responsible for maintaining the list of approved event codes in its rules.

The FCC should establish a National Emergency Alert System (EAS) event code specifically designated for Missing and Endangered Persons (MEP), ensuring that missing and endangered AI/AN adults over the age of 21 (who are thus not subject to Amber alerts) are promptly identified and alerted via the IPAWS System to radio, television, and both wireless and wireline internet platforms. Such a code would enhance their chances of being located and protected in a timely and effective manner.

Establishing a specific event code for missing and endangered AI/AN adults would guarantee that these cases receive the alerting attention from the nation’s Integrated Public Alert and Warning System (IPAWS) and the resources they rightly deserve, including increased federal funding for search and rescue efforts and comprehensive support for tribal law enforcement agencies and victim services programs.

Recommendations:

• The FCC should establish a National Emergency Alert System (EAS) event code specifically designated for Missing and Endangered AI/AN Persons (MEP).
• Congress should establish the necessary funding to support the implementation of this life-saving event code and sustain ongoing efforts to address the pressing issue of missing and endangered AI/AN adults, underscoring the urgency and significance of this matter.

Tribal Nations’ concerns and recommendations regarding violence against AI/AN women are extensive, as documented in past VAWA Annual Tribal Consultation Reports. The legislative and executive branches must coordinate and collaborate to enact changes that will address the disproportionate rates of violence against AI/AN women. The VAWA Annual Tribal Consultation Reports and Indian Country Investigations and Prosecutions Reports to Congress are important mechanisms for ensuring that the legislative and executive branches coordinate and collaborate to this end.

Recommendations:

• The U.S. Attorney General and DOJ must consistently and timely submit the VAWA Annual Tribal Consultation Report to Congress on the DOJ website.
  

Questions or feedback? Please contact Laura Van Oudenaren at lvanoudenaren@ncai.org.