Lake County bills state for Public Law 280 expenses

Montana Attorney General Austin Knudsen was sent a bill Monday for $151,038 – the cost Lake County says was spent to detain, transport and prosecute tribal members accused of committing felonies in Lake County during the month of June.

The state Department of Justice was also billed $57,747 for May 21-31 – the time period in May after Lake County commissioners withdrew their consent to participate in Public Law 280. The law-enforcement agreement between the state, county and the Confederated Salish and Kootenai Tribes handed the responsibility for felony jurisdiction over tribal members to the four counties within the boundaries of the Flathead Reservation more than 60 years ago. Most of that responsibility falls to Lake County, with CSKT prosecuting misdemeanors and some drug felonies involving tribal members.

The letter that accompanies the two invoices is signed by County Commissioners Gale Decker, Steve Stanley and Bill Barron as well as and Sheriff Don Bell. It outlines the statutory requirements, passed by the Montana Legislature and signed by Gov. Greg Gianforte, that set a timeline for voluntary withdrawal from the agreement.

The county passed a resolution Nov. 20, 2023 to withdraw from Public Law 280. It came after Flathead County District Court Judge Amy Eddy ruled in favor of the state, saying that only the Legislature can allocate funds to help Lake County cover the costs of incarcerating and prosecuting tribal members for felonies.

By law, the governor then had six months (until May 20) to issue an official proclamation acknowledging the commissioners’ decision. He has yet to do so, leaving the agreement in limbo.

In a letter dated March 1, the governor wrote that “the ability of the state to reallocate current resources to assist with law enforcement is very limited.” In another letter, dated May 16, Gianforte told commissioners he was unable “to issue a proclamation at this time.”

He added that paying a portion of Lake County’s law enforcement costs, estimated at $4 million a year for tribal members, “would create an unsustainable burden on the state’s general fund” and might encourage similar requests from other counties “once the precedent has been set.”

“Ultimately, local law enforcement is a local responsibility and not a state responsibility,” he added.

In 2021, the Montana Legislature enacted a provision to allow the county to withdraw its “consent to enforce criminal jurisdiction on behalf of the state of Montana over the Confederated Salish and Kootenai Tribes” and set up the six-month timeline for the governor to issue a proclamation.

A second bill, passed in 2023, would have paid $2.5 million a year over the biennium to help pay county law enforcement costs while setting up a commission between the county, state and Tribes to come up with a funding solution. Gianforte vetoed the bill.

In his letter May 16, Gianforte expressed interest in supporting legislation “that would provide some limited financial assistance to Lake County for a portion of your documented incremental expenses of implementing PL 280 for a transitional period of up to three years.”

The letter goes on to suggest “a stakeholder-driven solution” between Lake County, CSKT, the federal government, and other counties and municipalities within the Reservation. It makes no mention of state involvement in a funding solution, even though the state is a signatory to the agreement.

By invoicing the Department of Justice, Lake County appears to be following the governor’s suggestion to document the “incremental expenses of implementing PL 280.”

The invoice for June tallies inmate costs for members of federally recognized tribes at $130 a day for a total of $109,973; time spent by deputies, billed at $46.85 an hour, for responding to calls at $995, and transporting inmates at $1,925 (plus mileage at $2,066). The cost for court appearances involving the sheriff, undersheriff and a deputy totaled $1,318; and the expense for Lake County prosecution services was $34,758.

The letter concludes, “Please consider this a demand for reimbursement of costs properly chargeable to the state but paid by Lake County taxpayers.”

At a public hearing Monday on imposing a levy to pay for a court-mandated jail expansion, Decker spoke about the decision to bill the Department of Justice for Public Law 280 expenses.

“We're not really expecting to see a check in the mail for those costs,” he said. “But we feel it’s part of the process we need to continue to follow to see if there's not a court somewhere that will look favorably upon us and say, ‘Yes state of Montana – you owe Lake County some money.’”

At the same meeting, Sheriff Don Bell said tribal inmates occupy around 50% of the beds in the county jail – a number that fluctuates daily.

As to the current status of PL 280, Barron said without the governor’s proclamation, Lake County is still bound by the agreement. 

“My perspective is unfortunately we're still in it, but we're in it under protest.”