Daines, Smith Introduce Bill to Combat Drug Trafficking in Tribal Communities

U.S. Senator Steve Daines (R-Mont.) and Senator Tina Smith (D-Minn.) today announced the bipartisan “Protection for Reservation Occupants Against Trafficking and Evasive Communications Today (PROTECT) Act” to combat drug trafficking in tribal communities. The “PROTECT Act” would expand the Special Tribal Criminal Jurisdiction (STCJ) program to allow tribal nations to prosecute non-Native offenders for drug crimes and gun crimes in furtherance of STCJ covered crimes. The “PROTECT Act” would also allow tribal courts to execute warrants for electronic material to better combat drug traffickers and other criminals.

“As deadly drugs like fentanyl and opioids flow across our open southern border, states like Montana are bearing the burden. Drug traffickers continue to exploit our tribal communities, so I’m proud to lead this bipartisan legislation to protect our Native American tribes and keep our communities safe, both in Montana and across the country,”said Daines.

“For years, Tribal leaders in Minnesota have raised the alarm that drug traffickers are exploiting complex legal jurisdiction on Tribal land, making Native communities some of the most harmed by the opioid and fentanyl epidemics,” said Smith.“The PROTECT Act would help Tribes fight back against these drug traffickers.  This proposal is bipartisan and common sense, and it respects and upholds Tribes’ inherent sovereignty and right to protect their people.”

Statements of Support:

“This is great and an important step forward in public safety in Indian country.” – Justin Gray Hawk Sr., Tribal Chairman, Fort Peck Assiniboine & Sioux Tribes

“The opioid and fentanyl epidemic is harming all citizens in Washington State. Our reservations are no different. Our Tribal lands are being targeted by organized crime because of the jurisdictional complexities and other vulnerabilities. The PROTECT Act of 2024 restores Tribal criminal jurisdiction over non-Indians for drug trafficking within our reservation boundaries, helping protect not only the residents on our reservation, but all Washingtonians.” – Teri Gobin, Tulalip Tribes Chairwoman.

“The Affiliated Tribes of Northwest Indians passed ATNI Resolution 24-05 in support of the PROTECT Act of 2024, a bill that strengthens tribal criminal justice systems to help combat the opioid-fentanyl epidemic that is devastating our tribal communities. We urge Congress to move swiftly on this bill.”— The Affiliated Tribes of Northwest Indians

“Expanding the Special Tribal Criminal Jurisdiction to include crimes related to drugs and guns is an important step in promoting the safety of tribal members and strengthening tribal sovereignty. We thank Senators Smith and Daines for taking action to provide Indian Country with additional tools needed to keep our communities healthy and safe.” –Virgil Wind, Chief Executive of the Mille Lacs Band of Ojibwe

“This bill is an important step in helping us protect our community.  We applaud Sen. Smith’s continued leadership and efforts to strengthen tribal sovereignty. We need to be able to protect our own community from the predatory drug dealers that are wreaking havoc on our families. The future of the Red Lake Nation relies on it.” – Darrell Seki, Chairman of the Red Lake Band of Chippewa Indians

Background:

For decades, drug traffickers have exploited the complexity of the criminal jurisdiction in Indian Country, which has contributed to American Indians and Alaska Natives being two and a half times more likely to become victims of violent crime and more likely to die of an overdose than other demographic groups.

The PROTECT Act would expand the STCJ program to allow tribal nations to prosecute non-Native offenders for drug crimes and gun crimes committed in furtherance of drug trafficking and other STCJ crimes. It would also grant tribal courts parity with state courts to execute warrants for electronic material and allow offenders prosecuted under STCJ to be incarcerated through the Bureau of Prisons Tribal Prisoner Program. 

Read more about the “PROTECT Act” HERE.