The Tribal Law and Order Act of 2010 (TLOA; P.L. 111-211, 124 Stat. 2258 § 251(b)) requires BJS to establish and implement a tribal crime data-collection system, and support tribal participation in national records and information systems. The Act specifies data collection and analysis of crimes committed on federally recognized reservations, in tribal communities, and on identified trust lands which in combination are commonly referred to as Indian country. There are approximately 326 federally recognized tribal lands in the continental United States, with an estimated population of 4.6 million persons, of which 23% are American Indian or Alaska Native (AIAN).
For crimes committed in Indian country, jurisdiction over criminal justice administration varies by the type and seriousness of the crime, whether the offender or victim is a tribal member, and the location of the offense. Crimes committed in Indian country among AIANs may be subject to concurrent jurisdiction by tribal, federal, state, or local criminal justice agencies. This is due to the sovereign status of federally recognized tribes and to Public Law 83-280 (commonly referred to as P.L. 280).
Tribal Justice Statistics Program
To meet the requirements of TLOA and to accurately measure indicators of the administration of justice in Indian country, the Tribal Justice Statistics Program (TJSP) uses a multi-measure approach, including—
- maintaining tribal data collections including the Survey of Jails in Indian Country (SJIC), the Census of Tribal Law Enforcement Agencies (CTLEA), and the National Survey of Tribal Court Systems (NSTCS)
- funding to enhance tribal participation in national records and information systems, including the National Criminal History Improvement Program (NCHIP) and the National Instant Criminal Background Check System (NICS) Act Record Improvement Program (NARIP)
- reporting statistical findings on the AIAN population in the federal justice system.
The 2024 Census of Tribal Law Enforcement Agencies (CTLEA) and 2024 Census of Tribal Court Systems (CTCS), conducted by the Bureau of Justice Statistics (BJS), the statistical agency for the U.S. Department of Justice, will collect information from all tribal law enforcement agencies and tribal court systems serving federally recognized tribes. BJS is working with the National Opinion Research Center (NORC) at the University of Chicago, the International Association of Chiefs of Police (IACP), and IACP’s Indian Country Law Enforcement Section (ICLES) to develop the 2024 CTLEA and 2024 CTCS.
For additional information on the new tribal justice data collections and the project in general, visit the project pages hosted by NORC:
- 2024 Census of Tribal Law Enforcement Agencies | NORC at the University of Chicago
- 2024 Census of Tribal Court Systems | NORC at the University of Chicago
The CTLEA will collect data from tribally operated law enforcement agencies in the lower 48 states; Bureau of Indian Affairs (BIA) police agencies; and the Alaska State Police, which operates the Village Public Safety Officer (VPSO) program in Alaska Native villages. The CTCS will collect data from tribal court systems in the lower 48 states, judicial forums in Alaska Native villages, and Code of Federal Regulations Courts operated by the BIA.
The 2024 CTLEA and CTCS development activities are divided into three phases:
- Phase 1: tribal outreach and engagement
- Phase 2: questionnaire development, cognitive testing, updating the universe frames, and fielding the CTLEA and CTCS collections
- Phase 3: data processing and dissemination.
Phase 1: Tribal Consultation, Outreach, and Engagement
From 2023 through spring 2024, in collaboration with NORC at the University of Chicago and partners, the International Association of Chiefs of Police (IACP) and the Indian Country Law Enforcement Subsection (ICLES), the National American Indian Court Judges Association (NAICJA), and the Tribal Law and Policy Institute (TLPI), BJS conducted a series of webinars and a two-day, in-person panel of subject matter experts to inform the continued development and improvement of the data collection instruments and protocol for the Census of Tribal Law Enforcement Agencies and Census of Tribal Court Systems.
BJS, along with its project team, took a tribal-centered approach to developing a tribal crime data collection system by conducting extensive outreach and engagement activities with stakeholders including tribes, tribal leaders, tribal organizations, justice professionals and practitioners, and federal partners. See Tribal Crime Data Collection Activities, 2024.
- A total of 258 entities participated in BJS tribal crime and justice data consultation with tribes and other stakeholders, representing 120 different tribal nations or Alaskan villages, 27 tribal law enforcement agencies, 46 tribal courts, and 10 federal agencies across 33 states and the District of Columbia.
- American Indian and Alaska Native tribal leaders from across the United States attended a listening session on February 7, 2024, to discuss relevant topics and concerns in relation to the upcoming 2024 CTLEA and CTCS. About 85 participants attended the Tribal Leaders Listening Session. Participants represented 31 tribes and 7 Alaska Native villages from 18 different states.
- American Indian tribal and Alaska Native village law enforcement leaders attended a listening session on February 12, 2024, to discuss relevant topics and concerns in relation to the upcoming 2024 CTLEA and CTCS. About 56 participants attended the Tribal Law Enforcement Listening Session. Participants represented 27 tribes and 2 Alaska Native villages from 14 U.S. states.
- About 125 participants attended the Tribal Courts System Listening Session on February 20, 2024. Participants represented 49 tribes and 17 Alaska Native villages from 19 states, with a diversity of cultural traditions, economic conditions, and geographic areas. Participants came from a variety of tribal courts and tribal justice system organizations.
- Partners from across the federal government attended a listening session on April 18, 2024, to discuss relevant topics and concerns for the upcoming 2024 CTLEA and CTCS. About 28 participants attended the listening session, from nine different federal agencies.
- American Indian and Alaska Native subject matter experts in tribal justice, tribal law enforcement agencies, and tribal court systems, alongside federal agencies, attended the Tribal Justice Expert Panel meeting in Albuquerque, New Mexico, on March 5-6, 2024. Attendees included 22 subject matter experts from 13 different tribes and 12 different states.
Phase 2: Questionnaire Development, Testing, and Data Collection
During July 2024 through February 2025, BJS will:
- seek OMB approval to update the universe of tribal justice agencies and points of contact, and conduct cognitive and pilot testing of the new web surveys
- conduct cognitive and pilot testing of the web programmed CTLEA and CTCS
- revise and edit CTLEA and CTCS questionnaires
- seek full OMB clearance for data collection to commence spring 2025.
The 2024 Census of Tribal Law Enforcement Agencies (CTLEA) and 2024 Census of Tribal Court Systems (CTCS), conducted by the Bureau of Justice Statistics (BJS), the statistical agency for the U.S. Department of Justice, will collect information from all tribal law enforcement agencies and tribal court systems serving federally recognized tribes. BJS is working with the National Opinion Research Center (NORC) at the University of Chicago, the International Association of Chiefs of Police (IACP), and IACP’s Indian Country Law Enforcement Section (ICLES) to develop the 2024 CTLEA and 2024 CTCS.
For additional information on the new tribal justice data collections and the project in general, visit the project pages hosted by NORC:
- 2024 Census of Tribal Law Enforcement Agencies | NORC at the University of Chicago
- 2024 Census of Tribal Court Systems | NORC at the University of Chicago
The CTLEA will collect data from tribally operated law enforcement agencies in the lower 48 states; Bureau of Indian Affairs (BIA) police agencies; and the Alaska State Police, which operates the Village Public Safety Officer (VPSO) program in Alaska Native villages. The CTCS will collect data from tribal court systems in the lower 48 states, judicial forums in Alaska Native villages, and Code of Federal Regulations Courts operated by the BIA.
The 2024 CTLEA and CTCS development activities are divided into three phases:
- Phase 1: tribal outreach and engagement
- Phase 2: questionnaire development, cognitive testing, updating the universe frames, and fielding the CTLEA and CTCS collections
- Phase 3: data processing and dissemination.
Phase 1: Tribal Consultation, Outreach, and Engagement
From 2023 through spring 2024, in collaboration with NORC at the University of Chicago and partners, the International Association of Chiefs of Police (IACP) and the Indian Country Law Enforcement Subsection (ICLES), the National American Indian Court Judges Association (NAICJA), and the Tribal Law and Policy Institute (TLPI), BJS conducted a series of webinars and a two-day, in-person panel of subject matter experts to inform the continued development and improvement of the data collection instruments and protocol for the Census of Tribal Law Enforcement Agencies and Census of Tribal Court Systems.
BJS, along with its project team, took a tribal-centered approach to developing a tribal crime data collection system by conducting extensive outreach and engagement activities with stakeholders including tribes, tribal leaders, tribal organizations, justice professionals and practitioners, and federal partners. See Tribal Crime Data Collection Activities, 2024.
- A total of 258 entities participated in BJS tribal crime and justice data consultation with tribes and other stakeholders, representing 120 different tribal nations or Alaskan villages, 27 tribal law enforcement agencies, 46 tribal courts, and 10 federal agencies across 33 states and the District of Columbia.
- American Indian and Alaska Native tribal leaders from across the United States attended a listening session on February 7, 2024, to discuss relevant topics and concerns in relation to the upcoming 2024 CTLEA and CTCS. About 85 participants attended the Tribal Leaders Listening Session. Participants represented 31 tribes and 7 Alaska Native villages from 18 different states.
- American Indian tribal and Alaska Native village law enforcement leaders attended a listening session on February 12, 2024, to discuss relevant topics and concerns in relation to the upcoming 2024 CTLEA and CTCS. About 56 participants attended the Tribal Law Enforcement Listening Session. Participants represented 27 tribes and 2 Alaska Native villages from 14 U.S. states.
- About 125 participants attended the Tribal Courts System Listening Session on February 20, 2024. Participants represented 49 tribes and 17 Alaska Native villages from 19 states, with a diversity of cultural traditions, economic conditions, and geographic areas. Participants came from a variety of tribal courts and tribal justice system organizations.
- Partners from across the federal government attended a listening session on April 18, 2024, to discuss relevant topics and concerns for the upcoming 2024 CTLEA and CTCS. About 28 participants attended the listening session, from nine different federal agencies.
- American Indian and Alaska Native subject matter experts in tribal justice, tribal law enforcement agencies, and tribal court systems, alongside federal agencies, attended the Tribal Justice Expert Panel meeting in Albuquerque, New Mexico, on March 5-6, 2024. Attendees included 22 subject matter experts from 13 different tribes and 12 different states.
Phase 2: Questionnaire Development, Testing, and Data Collection
During July 2024 through February 2025, BJS will:
- seek OMB approval to update the universe of tribal justice agencies and points of contact, and conduct cognitive and pilot testing of the new web surveys
- conduct cognitive and pilot testing of the web programmed CTLEA and CTCS
- revise and edit CTLEA and CTCS questionnaires
- seek full OMB clearance for data collection to commence spring 2025.
P.L. 280 applies in 16 states. The law permits the federal government to transfer mandatory jurisdiction over major crimes in Indian country to the state, and it permits the state to acquire optional jurisdiction, in whole or in part, over Indian country within their boundaries. Six states have established mandatory jurisdiction over crimes in Indian country, and 10 states have established optional jurisdictions.
In the 19 states with federally recognized tribes where P.L. 280 does not apply, the federal government retains criminal jurisdiction for major crimes committed in Indian country. More than 300 tribes are under P.L. 280 jurisdictions.
For more information on P.L. 280, see the U.S. Department of Interior, Indian Affairs, Frequently Asked Questions page.
P.L. 280 applies in 16 states. The law permits the federal government to transfer mandatory jurisdiction over major crimes in Indian country to the state, and it permits the state to acquire optional jurisdiction, in whole or in part, over Indian country within their boundaries. Six states have established mandatory jurisdiction over crimes in Indian country, and 10 states have established optional jurisdictions.
In the 19 states with federally recognized tribes where P.L. 280 does not apply, the federal government retains criminal jurisdiction for major crimes committed in Indian country. More than 300 tribes are under P.L. 280 jurisdictions.
For more information on P.L. 280, see the U.S. Department of Interior, Indian Affairs, Frequently Asked Questions page.
Terms & Definitions
Criminal jurisdiction in tribal areas
Jurisdiction over offenses in Indian country may lie with federal, state, or tribal agencies, depending on the particular offense, offender, victim, and offense location. For more information on tribal jurisdiction, see State Prosecutors' Offices with Jurisdiction in Indian Country, 2007, Tribal Law Enforcement, 2008, Census of Tribal Justice Agencies in Indian Country, 2002, and the Jails in Indian Country series.
Indian country
Statutory term that includes all lands within an Indian reservation, dependent Indian communities, and Indian trust allotments (18 U.S.C. § 1151). Courts interpret section 1151 to include all lands held in trust for tribes or their members. See United States v. Roberts, 185 F.3d 1125 (10th Cir. 1999). Prior to July 29, 2010, tribal authority to imprison American Indian or Alaska Native offenders had been limited by statute (25 U.S.C. § 1302) to 1 year, a $5,000 fine, or both per offense. On July 29, 2010, the Tribal Law and Order Act of 2010 was signed into law, expanding the sentencing authority of tribal courts. As a result, offenders may serve potentially longer sentences (up to 3 years per offense and up to 9 years per multioffense case) in correctional facilities in Indian country (P.L. 111–211, H.R. 725, 124 Stat. 2258).
