U.S. Sens. Tina Smith, D-Minnesota, and Steve Daines, R-Montana, have introduced the bipartisan Protection for Reservation Occupants Against Trafficking and Evasive Communications Today (PROTECT) Act to combat drug trafficking in tribal communities.

U.S. Senator Tina Smith, DFL-Minn. (Courtesy of Tina Smith)

According to a news release, the PROTECT Act would expand the Special Tribal Criminal Jurisdiction program to allow tribal nations to prosecute non-Native American offenders for drug crimes and gun crimes 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.

For decades, drug traffickers have exploited the complexity of the criminal jurisdiction on tribal lands, 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 release said.

“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,” Smith said in the release. “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.”

Tribal leaders across the nation voiced their support for the legislation, including Red Lake Tribal Chairman Darrell Seki Sr.

“This bill is an important step in helping us protect our community,” he said. “We applaud Senator 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.”

Cathy Chavers, chairwoman of the Bois Forte Band, added her appreciation.

“We thank Senator Smith for her continued commitment to law enforcement and Indian Country,” she said. “Protecting our most vulnerable members is the fundamental goal of all governments. The PROTECT Act enhances tribal sovereignty and public safety and is an idea whose time has come.”

Virgil Wind, chief executive of the Mille Lacs Band of Ojibwe, said, “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.”

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