A new report from the Legislature’s Office of Performance Evaluations on state jurisdiction in Indian country is offering four recommendations to lawmakers: Consider investing in forums for intergovernmental cooperation, and establish a liaison or office within the Idaho governor’s office dedicated to Indian affairs; consider granting limited state authority to tribal officers, such as in fresh pursuit cases; consider facilitating state court recognition of tribal court orders for involuntary commitment; and consider funding options to tribal or local law enforcement to address gaps in services that come with overlapping jurisdictions.

The full 98-page report is online here; it will be reviewed on Monday by the Idaho Indian Affairs Council, which includes lawmakers, tribal leaders, and representatives of the governor’s office. The report notes that state and local government powers are limited in Indian country by federal law and tribal sovereignty. Under a 1953 law passed by Congress called Public Law 280, states had the option of assuming full or partial civil or criminal jurisdiction for certain matters on tribal reservations.

In Idaho, the state in 1963 assumed partial jurisdiction in seven areas: Compulsory school attendance; juvenile delinquency; neglected or abused children; mental illness; public assistance; domestic relations; and operation of motor vehicles on roads that are maintained by the state or county.

In 1968, Congress amended Public Law 280 to give states the option of giving back their jurisdiction on reservations to the federal government through a process called retrocession. The Idaho Legislature has considered three retrocession bills, the last in 1999, but not passed any; all were pushed by the Shoshone-Bannock Tribes. Four of Idaho’s neighboring states have retroceded all or part of their jurisdiction over reservations: Montana, Oregon, Nevada and Washington. Washington most recently retroceded jurisdiction over the Yakama Reservation in 2016, the report says; Montana is considering retrocession of jurisdiction over the Flathead Reservation.

“Concerns about Public Law 280 are entangled in a complex web of jurisdiction and relationships,” the OPE report found. “Regardless of the confusion added by Public Law 280, Idaho citizens will best be served by tribal, local, and state governments that work well together.”