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Violence Against Women Act 2022 Reauthorization - Alaska Pilot Program

The Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) recognizes the inherent authority of Tribes to exercise “special Tribal criminal jurisdiction” (STCJ) over non-Indian offenders who commit “covered crimes” – dating violence, domestic violence, sexual violence, violation of a protection order, sex trafficking, stalking, child violence, obstruction of justice, and assault of Tribal justice personnel – in Indian country. VAWA 2022 also includes a provision specific to Tribes in Alaska that “recognizes and affirms the inherent authority of any Indian tribe occupying a Village in the State [of Alaska] to exercise criminal and civil jurisdiction over all Indians present in the Village” and establishes a pilot program that would enable Alaska Tribes designated by the Attorney General to exercise STCJ over non-Indian defendants for a covered crime that occurs in the Village of the participating Tribe, without requiring that the crime occur in “Indian country”. 

Section 813(d) of VAWA 2022 establishes the Alaska Pilot Program as follows:

  • Participating Tribes are subject to title II of Public Law 90–284, commonly known as the Indian Civil Rights Act of 1968.
  • The Attorney General shall designate up to five Indian Tribes per calendar year as “participating Tribes” to exercise STCJ over all persons present in the Village of the Indian Tribe.
  •  A Tribe could request designation as a participating Tribe at any time during the one-year period that began on March 15, 2022, and annually thereafter.
  • The pilot program process must:
    • Give preference to Tribes occupying Villages the populations of which are predominantly Indian. 
    • Give preference to Tribes occupying Villages that do not have a permanent State law enforcement physical presence.
    • Include a determination by the Attorney General that the criminal justice system of the requesting Tribe has adequate safeguards in place to protect defendants’ rights consistent with section 204(d) of the Indian Civil Rights Act.
    • Include “other criteria” the Attorney General considers to be appropriate to achieve the purposes of the program.
  • The number of participating Tribes is capped at 30, absent notice to Congress and the public of the Attorney General’s intention to designate additional Tribes.
  • Two or more Tribes (or a Tribal organization exercising delegated authority from a participating Tribe) may elect to participate jointly in the pilot program by providing shared resources to carry out the purposes of the pilot program.
  • Such an inter-Tribal partnership will be considered a single participating Tribe for purposes of the 30-Tribe maximum.
  • Additional Tribes may join such an inter-Tribal partnership any time after it is established.

Process for Tribal Participation in the Alaska Pilot Program

The statute requires that the Attorney General establish a process to designate Alaska Tribes to participate in the Pilot Program. Based on consultations and discussions with Alaska Tribal leaders and advocates, it appears that interested Tribes may need technical assistance and funding to ready their criminal justice systems to exercise STCJ. The Department has therefore developed a three-track process for Alaska Tribes interested in participating in the Pilot Program, considering the recommendation from Tribal leaders that the Program include options for Tribes not immediately ready to seek Attorney General designation:

In response to Tribal leader testimony, the Department has funded a technical assistance provider to support an Alaska-specific Inter-Tribal Technical-Assistance Working Group (Alaska ITWG) on STCJ, modeled on the successful ITWG established for all federally recognized Tribes interested in SDVCJ in 2013. All Alaska Tribes that are interested in exercising STCJ or interested in exploring the possibility, whether they deem themselves ready to immediately exercise STCJ or not, may submit a Preliminary Statement of Interest in joining the Alaska ITWG. Tribes may join as part of an intertribal partnership if they so choose. As members of the Alaska ITWG, these Tribes will receive targeted technical assistance to enable them to explore exercising STCJ. There will be no limit on the number of Tribes that can become Alaska ITWG members. Participants in the Alaska ITWG may or may not ultimately choose to pursue Attorney General designation.

  1. Tribes that wish to engage in additional capacity building activities with the goal of requesting designation as a participating Tribe to exercise STCJ should complete the Statutory Requirements for Exercising Special Tribal Criminal Jurisdiction (STCJ) over Non-Indians questionnaire. Tribes should answer “No” for areas where they do not yet have laws, policies, or procedures in place and provide relevant legal materials for areas where they do. The questions in this questionnaire line up with the statutory requirements for exercising STCJ under the Alaska Pilot Program. 

  2. For each Tribe that submits the questionnaire under this Track, the Department will appoint a Federal Project Liaison who, in partnership with the Alaska ITWG Technical Assistance Provider (TA Provider), will reach out to the Tribe to discuss its goals and readiness to exercise STCJ.

    1. The Federal Project Liaison will work with the Tribe and the TA Provider, using the questionnaire, to identify any unmet requirements and training or technical assistance needs.

    2. The Federal Project Liaison, in partnership with the Tribe and the TA Provider, will use this information to develop a Readiness Plan to assist the Tribe in meeting any unmet requirements and fulfilling training or technical assistance needs. The Readiness Plan will identify funding needs and propose avenues for identifying funding sources, including, but not limited to, DOJ grant programs.

Tribes that engage in Track Two will be known as Preliminary Pilot Program Tribes. There will be no limit on the number of Preliminary Pilot Program Tribes. Alaska ITWG membership is not required to participate in this Track, but it is encouraged as a source of additional peer-to-peer support.

  1. Tribes interested in requesting designation as Participating Pilot Program Tribes must submit a Request for Designation, with the completed questionnaire, certified by Tribal leadership. Tribes submitting jointly for designation (to be referred to as an “intertribal partnership”) should include signed certifications from each Tribe.
    1. Tribes seeking designation do not need to previously have been Preliminary Pilot Program Tribes.
    2. The questionnaire reflects the statutory requirements for designation as a participating Tribe under VAWA 2022.
  2. Department staff with expertise regarding STCJ will review the questionnaire and recommend either (a) Attorney General designation as a Participating Pilot Program Tribe, (b) maintaining the Tribe’s status as a Preliminary Pilot Program Tribe (if applicable), or (c) inviting the Tribe to become a Preliminary Pilot Program Tribe. If either (b) or (c) is recommended, the Federal Project Liaison will partner with the Tribe and the TA Provider to identify gaps in questionnaire responses and create either an updated or initial Readiness Plan.
  3. If designation is approved, the Federal Project Liaison will develop an external communications plan with the Tribe to notify stakeholders, media, and Congress.
  4. No more than five Tribes may be designated as Participating Pilot Program Tribes per calendar year, not to exceed 30 Tribes during the duration of the Pilot Program (absent written notice to Congress and the public of the Attorney General’s intention to designate additional participating Tribes). See 25 U.S.C. 1305(d)(1), (5). Two or more Tribes may elect to participate as an intertribal partnership and be considered a single participating Tribe for purposes of these maximums. See id. 1305(d)(4).

Tribal Consultation and Engagement

On July 19 and 20 and August 3, 2022, the Department held three virtual Tribal consultation sessions with Tribal leaders and other interested persons regarding how to structure the Alaska Pilot Program on STCJ. Tribal leaders were also offered an opportunity to discuss this subject at the Department’s annual Government-to-Government Violence Against American Indian and Alaska Native Women Tribal Consultation (Annual Violence Against AI/AN Women Tribal Consultation), held September 21-23, 2022, in Anchorage, Alaska and at the annual meeting of the Alaska Federation of Natives, held October 20-22, 2022, in Anchorage, Alaska.  At these consultations, Tribal leaders recommended that the Pilot Program include processes for Alaska Tribes not ready to exercise STCJ, that the Department support Alaska-specific technical assistance, and that federal agencies coordinate with Alaska Tribes and each other to ensure consistent, sustained funding for the infrastructure required to exercise the jurisdiction.  

On August 9, 2023, at the Annual Violence Against AI/AN Women Tribal Consultation in Tulsa, Oklahoma, the Office on Violence Against Women and the Office of Tribal Justice held a special session to discuss the Department’s proposed plan for implementing Alaska Pilot Program. In advance of the session, the Department distributed an update paper that outlined the three-track process for Alaska Tribes interested in participating in the Pilot Program and included a draft of the questionnaire to be completed by tribes seeking Attorney General designation.

On August 23, 2023, DOJ leadership and staff participated in a roundtable discussion in Anchorage, Alaska, on the Alaska Pilot with Alaska Native leaders and representatives, during which the proposed implementation plan was discussed in detail.

Preliminary Statement of Interest

A preliminary expression of interest should take the form of a short letter from the Tribe’s leader or governing body addressed to:

Mr. Tracy Toulou, Director
Office of Tribal Justice
Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530

Preliminary expressions of interest may be submitted via email to VAWA.AlaskaPilot@usdoj.gov. The letter expressing preliminary interest should identify the name and title of any person the Tribe authorizes as its point of contact. This person should be a Tribal officer, employee, or contractor who has been designated by the Tribe’s elected officers to act on their behalf. A Tribe may choose to authorize more than one person. 

Request for Designation

A request for designation should take the form of a short letter from the Tribe’s leader or governing body addressed to:

Mr. Tracy Toulou, Director
Office of Tribal Justice
Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530

Requests for designation may be submitted via email to VAWA.AlaskaPilot@usdoj.gov. The letter requesting designation also should identify the name and title of any person the Tribe authorizes as its point of contact. This person should be a Tribal officer, employee, or contractor who has been designated by the Tribe’s elected officers to act on their behalf. A Tribe may choose to authorize more than one person.

Requests for designation must include the completed questionnaire, supporting materials, and must be certified by Tribal leadership. 

Please contact us with any questions about the Alaska Pilot Program.

VAWA.AlaskaPilot@usdoj.gov

Updated November 17, 2023