Deadline arrives but confusion persists over tribal law enforcement in Lake County (2024)

The state of Montana’s May 20 deadline to release Lake County of its obligation to conduct felony law enforcement of tribal members on the Flathead Indian Reservation came and went, but as of this week, the local sheriff’s office is proceeding as normal — with one key difference. It’s now keeping track of its cost to handle tribal felonies and is considering sending the bill to the state.

Local officials have said the situation there is both “frustrating” and “fluid” as they try to figure out how to handle an issue that has been brewing for the last few years and finally came to a head this spring.

Late last year, Lake County informed Gov. Greg Gianforte that it could no longer afford to partake in a one-of-a-kind agreement in Montana under what is called Public Law 280. While federal law enforcement has historically handled law enforcement on reservations, since the 1960s felony enforcement has been handled locally (tribal law enforcement handles misdemeanor crimes). The benefit is that criminal prosecutions and enforcement don’t fall through the cracks like they might on other reservations where federal resources are limited and spread out. The downside is the county has to pay for it, to the tune of $4 million annually. In years past, county officials said the bill was easier to pay thanks to taxes generated by the Séliš Ksanka QÍispé Dam, but once the dam was sold to the Confederated Salish and Kootenai Tribes, that revenue dried up.

Over the last few years, Lake County has tried to get Montana to help foot the bill, arguing that since the state entered into the agreement with the CSKT it should pay for it. However, attempts in the Legislature to get the state to help pay have all failed in recent years, as did a lawsuit brought against the state last year.

While the judge in that case did not rule in the county’s favor, she did write that it was “patently absurd” that the state could not help the county when it had such a robust budget surplus. Instead, she encouraged the county to exercise its only option left: pulling out of the agreement, which it did in November of last year. By law, Gianforte had six months to sign a proclamation releasing the county from its duties.

After receiving the declaration from the county, Gianforte’s office was silent for months on what it would do, frustrating local officials hoping for a smooth transition. Then in March, the governor announced that the state would not assume felony law enforcement duties on the reservation. It was assumed that Gianforte would then sign the proclamation releasing the county of its obligations and that the federal government would assume control as it does on other reservations. But according to the Lake County Commissioners, meetings with the U.S. attorney for Montana were fruitless, and the feds told them they didn’t have the resources to assume law enforcement duties.

Then on May 16, just four days before Gianforte’s deadline to sign a proclamation releasing Lake County of its duties, the governor’s office informed local officials that he wouldn’t. The reason? A paperwork mistake. According to Anita Milanovich, general counsel for the governor, the county sent the wrong resolution to the governor.

“In reviewing them, I must conclude that they do not satisfy the requirements of the statute,” Milanovich wrote. “As such, I must conclude that a proclamation from the governor is improper at this time.”

Last week, the Lake County Commission met with the governor to try and find solutions to the impasse. Gianforte suggested in a letter afterward that he would support legislation during the 2025 session to provide Lake County with “transitional financial assistance” of $1.3 million per year from July 1, 2025, through June 30, 2028. During that time, the county would try and find a funding solution, possibly through a partnership with the tribe. (In the past, CSKT officials have said they wanted to be involved in finding a solution. They did not respond to a request for comment for this story.)

But a legislative solution is no guarantee, especially considering past efforts. Last year, House Bill 479 would have authorized the state to pay $2.5 million annually for two years to Lake County. But despite passing both chambers, Gianforte vetoed it. In 2021, another bill to help Lake County passed both chambers but only appropriated $1 to the cause.

Despite past failure, Lake County officials remain hopeful.

“I think there is a solution out there,” Commissioner Gale Decker told Montana Free Press.

In the meantime, Lake County Sheriff Don Bell is closely tracking the costs related to felony enforcement on the reservation as the county considers billing the state of Montana. For every night a tribal member spends in the county jail, the local government would charge $140.

“If we investigate a tribal member for a felony or if we jail them, we’re going to bill the state of Montana,” Bell said early last week, prior to the commission’s most recent meeting with the governor. “And we’re going to do that until the governor’s office and the commission figure this out.”

During an interview last Friday, the county commission said it had not decided whether would send that bill.

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