STATEMENT OF CHAIRMAN BEN NIGHTHORSE CAMPBELL
JOINT OVERSIGHT HEARING ON CRIMINAL GANG ACTIVITY
WITHIN INDIAN COUNTRY
WEDNESDAY, SEPTEMBER 17, 1997

I first would like to thank Chairman Hatch for agreeing to hold a joint hearing on this subject. The Judiciary Committee certainly has a unique perspective to place on this topic, as well as the expertise to discuss many of the jurisdictional conflicts inherent in crimes committed within Indian country.

This past April, the Committee on Indian Affairs held an oversight hearing to discuss juvenile justice issues in Indian country. So I have been aware for some time of the great problem that juvenile crime poses to tribal governments. The President recently shared his concern when he released a statement indicating that, over the past 5 years, violent crime nationwide has decreased by 22%, while it has increased on Indian reservations by 87%. He further directed the Justice and Interior Departments to take steps to address this problem. I look forward to hearing what action the Department has taken regarding this issue.

Juvenile gang activity in particular poses a unique threat to all jurisdictions. Between 1980 and 1992, juvenile gang killings increased 371% nationwide. The Office of Juvenile Justice and Delinquency Prevention recently noted that "gang violence has spread to every corner of America." Indian country is no exception.

Studies conducted by federal agencies, universities, and tribal governments indicate that criminal gang activity within Indian country has steadily increased over the past decade. A handbook authorized by the Federal Law Enforcement Training Center (FLETC), in particular, brought this problem to my attention. FLETC conducts a program in conjunction with the Bureau of Indian Affairs Indian Police Academy to educate tribal law enforcement to help combat reservation gang activity. I am told that this program is entirely voluntary. I would like to thank FLETC Director Charles Rinkevich personally for the work that he and his people have accomplished in this area.

In Arizona alone, a recent FBI study identified 177 gangs on 14 different reservations. Representatives from two of these tribes are present today. I welcome them and also look forward to hearing their views regarding causes and solutions to this problem.

Gang activity is a relatively new problem that has ominous potential for growth. The "jurisdictional maze" in tribal-federal-and state relations; restrictions placed on the punitive powers of tribal courts; and limited resources for tribal law enforcement and gang prevention programs all add to this problem and present obstacles to developing a solution.

While some tribes have conducted studies and have begun to address their gang problem, many tribal justice systems are simply not equipped or properly trained to deal with organized criminal gang activity. As a result, most tribes depend upon federal law enforcement to immediately address their gang problems.

Federal law enforcement, however, are only beginning to recognize the gang problem on Indian lands. To date, the Justice Department has logged one prosecution of gang violence within Indian country using the federal anti-racketeering statutes. That crime took place on the Salt River Pima Indian Reservation, which border the cities of Phoenix and Scottsdale, Arizona. The Arizona U.S. Attorneys Office has since assembled special anti-gang teams on the Gila River, Salt River, and Navajo Reservations.

The primary resource for funding tribal justice systems is the Office of Justice Programs (OJP) within the Department of Justice. OJP and its bureaus are responsible for identifying emerging criminal justice issues, developing and testing new approaches to crime prevention, collecting statistics and disseminating their findings to federal, state and tribal governments. However, because of the recent phenomenon of gang activity within Indian country, no program listed in OJP's "Partnership Initiatives in Indian Country" manual directly address the issue.

Overall, few federal programs focus on gang prevention and education. The one major program that exists was established through the Gang Resistance Education and Training Act (GREAT). This act directs the Secretary of the Treasury to establish no less than 50 projects in communities across the country. The law allocates 50% of funds authorized to State and local law enforcement and prevention organizations and the remaining 50% to the Bureau of Alcohol, Tobacco and Firearms (BATF). Tribal governments are not provided direct assistance under this program. However, BATF does work with tribal governments in developing GREAT programs. Yet, as with many other prevention programs, in order to receive funds, tribal governments must apply to State offices pursuant to "pass through" provisions, and are not guaranteed funding.

Tribal youth hold the key to the future success of Indian nations. No tribe can afford to lose a generation to violence. It is my hope that the testimony provided today will foster a better understanding of the problem and help construct ways to assist tribal governments and law enforcement agencies in combating gang activity.

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