Today, Federal District Court Judge William Alsup ruled that Secretary of the Interior Gale Norton violated federal law by refusing to enter into a contract with the Hopland Band of Pomo Indians to provide federal law enforcement services on its Reservation.

In denying the United States Government’s motion to dismiss, Judge Alsup held that the Indian Self-Determination and Education Assistance Act required the Secretary to enter into a contract for law enforcement. That statute directs the Secretaries of Interior and Health and Human Services to contract programs that benefit Indians to be run by Indian tribes instead of by the federal government. Among the programs that the Department of the Interior provides for Indians is law enforcement. It was a contract for law enforcement that was before Judge Alsup.

The Hopland Band had asked the Interior Department to grant three qualified Tribal police officers special law enforcement commissions to enforce 18 federal laws on its Reservation. First, the Secretary of the Interior said that a moratorium on issuing such commissions, known as SLECs, prevented her from issuing the commissions. Then, when the Hopland Band asked for a law enforcement contract that included issuance of the SLECs, the Secretary refused to enter into the contract. Her principal reason for refusal was that in California there was no law enforcement program to contract.

In fact, federal courts have held otherwise. Even where states have been delegated authority by Congress to assume jurisdiction for enforcing their criminal laws in Indian country, such delegated authority does not extend to federal hunting and fishing laws and mail fraud law, for example. California is one of six such states.

Judge Alsup ruled that the under the Indian Self-Determination and Education Assistance Act, law enforcement was indeed a “contractible program.” He stated that unless the Secretary could find a valid reason to deny the contract by July 30, 2004, the litigation could go forward.

In 2002 the Hopland Tribal Council adopted an ordinance creating the Hopland Police Department, which provides law enforcement on the Reservation to all who live, work and visit there. Earlier this year, the Tribal Council established a tribal court to hear cases brought by tribal members and others.

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