Quote from:

BRIEF OF LEWIS COUNTY, IDAHO, MILLE LACS COUNTY, MINNESOTA, AND THURSTON COUNTY, NEBRASKA,

AMICI CURIAE,

 IN SUPPORT OF RESPONDENT IN PART

TOM D. TOBIN

Counsel of Record

TOBIN LAW OFFICES, P.C.

P.O. Box 730

422 Main Street

Winner, SD 57580-0730

(605) 842-2500

“In 2003, Senate Bill 578 and House Bill 2242 were introduced in the Congress of the United States as amendments to the Homeland Security Act. Senate Bill 578, is entitled “Tribal Government Amendments to the Homeland Security Act of 2002.” It was introduced in the Senate of the United States by Senator Daniel K. Inouye. It is colloquially referred to as the “Hicks Fix” (referring to Nevada v. Hicks, 533 U.S. 353 (2001)).

Section 13 of the bill “affirms and declares that the inherent sovereign authority of an Indian tribal government includes the authority to enforce and adjudicate violations of applicable criminal, civil and regulatory laws committed by any person on land under the jurisdiction of the Indian tribal government, except as expressly and clearly limited by” a treaty or an Act of Congress. Section 13 of said bill further proposes that The authority of an Indian tribal government described in [the Bill] shall (1) be concurrent with the authority of the United States; and (2) extend to (A) all places and persons within the Indian country (as defined in Section 1151 of title 18, United States Code) under the concurrent jurisdiction of the United States and the Indian tribal government; and (B) any person, activity, or event having sufficient contacts with that land, or with a member of the Indian tribal government, to ensure protection of due process rights. S. 578, 108th Cong. §13 (2003).

To date, Congress has not acted on these bills. The manner in which this Court resolves the present case will undoubtedly be considered in that process. Again, this Court should continue to adhere to the bright line established in Oliphant and Duro.”