Associate Attorney General Tom Perrelli told members of the Senate Indian Affairs Committee Thursday that funding for law enforcement programs in American Indian communities “must be broad and across the board.”

Tom Perrelli (DOJ)

The proposed fiscal 2011 DOJ budget includes nearly $450 million to fund initiatives in American Indian tribal lands. The department received more than $237 million in its fiscal 2010 budget for Indian country prosecutions and criminal investigations. The DOJ also made millions of dollars in grant money available to America Indian tribes, especially for programs that fight violence against women.

“While we will continue to implement changes that do not cost American tax dollars, the reality is that resources make a difference,” Perrelli told the committee. “We are working to put resources in place quickly and efficiently to help American Indian and Alaska Native communities help themselves.” (Read his prepared remarks here.)

Perrelli noted that the DOJ would be able to hire 45 new FBI agents for Indian Country with funds from the requested fiscal year 2011 budget. The proposed budget also would allow the DOJ to support more tribal police and assistant U.S. attorneys in Indian Country, he said.

Panel chairman Byron Dorgan, D-N.D., said at the hearing today that he is pleased to see the proposed increases to address Indian Country public safety.

“Let me say, this committee has fully documented and described at great length the long-standing unmet needs for increased funding in many areas of public policy dealing with American Indians,” Dorgan said.

The DOJ has made American Indian issues a top priority. Over the last year, the department has rolled out a number of new policies and plans to address Indian Country crime, which former Deputy Attorney General David Ogden said last month has hit “unacceptable levels” and is diminishing the quality of life for American Indians.

The department also intends to make the Office of Tribal Justice a separate component within the DOJ. Currently, the office is under the purview of the Deputy Attorney General but is not a permanent entity within the DOJ structure.

The Justice Department today released plans aimed at strengthening its efforts to fight crime in American Indian tribal lands.

The DOJ intends to make the Office of Tribal Justice a separate component within the Justice Department and will establish a “Tribal Nations Leadership Council” to help improve collaboration and communication between American Indian leaders and Justice Department officials, according to a DOJ memo. Currently the office is under the purview of the Deputy Attorney General, but is  not a permanent entity with the Justice Department structure.

In addition, U.S. Attorneys who have American Indian reservations in their districts and DOJ officials who handle tribal grants will be required to meet with tribal leaders, the memo said. DOJ will also establish an American Indian task force to create guidance and strategies for prosecutions of crimes of violence against women in Indian country, according to the memo.

“The Justice Department embraces this responsibility and the principles of tribal sovereignty and Indian self-determination,” the memo said. “The Department, at all levels, is committed to developing a comprehensive communication and coordination policy with tribes that is predicated on robust tribal input.”

The plans, which were sent to Office of Management and Budget on Jan. 27, will be financed through existing DOJ funds, according to a Justice Department spokeswoman. The department received more than $237 million in its fiscal 2010 budget for Indian country prosecutions and criminal investigations. The department has also made millions of dollars in grant money available to America Indian tribes, especially for programs that fight violence against women.

The proposed fiscal 2011 DOJ budget includes nearly $450 million to fund initiatives in American Indian tribal lands. The budget request also included $1.8 million for expanding the Office of Tribal Justice, according to the spokeswoman.

The Office of Tribal Justice was created under a federal statute in 1995, but exists at the discretion of the Attorney General. The Office of Tribal Justice serves as the department’s point of contact with American Indian tribes on justice issues.

The Senate Indian Affairs Committee approved legislation last September would give the Office of Tribal Justice a presidentially appointed head. The full Senate has yet to act on the bill.

The plans are the latest in a series of Justice Department initiatives to fight Indian country crime, which former Deputy Attorney General David Ogden said last month has hit “unacceptable levels” and is diminishing the quality of life for American Indians.

Last month, the DOJ announced a series of new Indian Country policies in an effort to combat the high level of crime there. Last year, Attorney General Eric Holder and top DOJ brass held several meetings with tribal leaders as part of a listening tour through Indian country.

South Dakota U.S. Attorney Brendan Johnson, chairman of the American Indian issues subcommittee of the Attorney General’s Advisory Committee of U.S. Attorneys, told Main Justice that the DOJ has taken great strides in addressing American Indian concerns.

“Tribal leaders have been heard in the past, but they haven’t been listened to,” Johnson said. He added: “[DOJ officials] have been listening to what tribal leaders have been telling us.”

Brendan Johnson (from South Dakota Watch blog via Facebook)

As the Senate prepares to consider the nomination of Brendan Johnson for U.S. Attorney for South Dakota, the son of Sen. Tim Johnson (D-S.D.) is pulling double duty, The Sioux Journal reported. The younger Johnson continues to practice in his private law firm in Sioux Falls while also bulking up for his expected new job. He’s been traveling across the state meeting with “different constituency groups and learning about the state,” Johnson told the newspaper.

Johnson’s nomination is pending in the Senate Judiciary Committee. “There is no timeline yet to get out of committee and onto the Senate floor,” he told the newspaper.

Sen. Tim Johnson (D-S.D.)

And the nominee can’t turn to his father for help. The senator has said he won’t’ intervene in any manner in his son’s confirmation process, The Sioux Journal reported.

If confirmed, much of  Johnson’s job will focus on tribal justice, the newspaper reported. The senior Johnson sits on the Committee on Indian Affairs.

A Senate committee approved legislation last week that would reinforce several Justice Department positions that handle American Indian affairs.

The bill would create a permanent Native American Issues Coordinator position within the Executive Office for United States Attorneys and require the appointment of Assistant U.S. Attorney Tribal Liaisons for U.S. Attorney offices in tribal lands.

An EOUSA American Indian affairs director and 44 liaisons already exist in the Justice Department. But they were never mandated by Congress.

The Native American Issues Coordinator would work with U.S. Attorneys and the liaisons on prosecutions in Indian country. The director would also assist with other tribal issues on behalf of the Justice Department and give annual reports to Congress.

DOJ spokesperson Melissa Schwartz said the Justice Department backs the changes.

We reported Friday that the bill endorsed by the Senate Indian Affairs Committee would also give the Justice Department Office of Tribal Justice a presidentially appointed head.

The Office of Tribal Justice was created under a federal statute in 1995, but exists at the discretion of the Attorney General. The OTJ serves as the department’s point of contact with Indian tribes on justice issues.

The DOJ support for these tribal justice initiatives is part of a wide-ranging campaign to address law enforcement issues on Indian reservations.

Associate Attorney General Tom Perrelli and Deputy Attorney General David Ogden met with tribal leaders in Seattle last month as part of a DOJ listening tour in Indian country. The DOJ officials are scheduled to visit tribal officials in Albuquerque, N.M., later this month and in Minneapolis in October as part of the tour.

The Justice Department has also made millions of dollars in grant money available to Indian tribes, especially for programs that fight violence against women. The $787 billion economic stimulus bill enacted in February included $20.8 million for combating violence against women on Indian reservations.

The Senate Indian Affairs Committee approved legislation today by voice vote that would give the Justice Department Office of Tribal Justice a presidentially appointed head.

The Office of Tribal Justice was created under a federal statute in 1995, but exists at the discretion of the Attorney General. OTJ serves as the DOJ’s point of contact with Indian tribes on justice issues.

Associate Attorney General Tom Perrelli said in a statement submitted to the panel in June that DOJ supports the creation of a permanent OTJ – akin to the status of the Office of Legal Counsel – but not the establishment of a permanent tribal justice division – like the Civil Rights Division.

The original legislation included language for a permanent tribal justice “division.” The bill reported out of committee today calls for a permanent “component,” according to a DOJ spokesperson. Perrelli said the Office of Tribal Justice would work better as a permanent component because divisions are usually large litigating units of the Justice Department.

“The Office facilitates coordination between Departmental components working on Indian issues, and provides a constant channel of communication for Indian tribal governments with the Department,” Perrelli said in the June statement. “The Department agrees that it is time to recognize OTJ as a critical and permanent entity within DOJ.”

The DOJ support for a permanent tribal justice is part of a broad effort to address law enforcement issues on Indian reservations.

Perrelli and Deputy Attorney General David Ogden met with tribal leaders in Seattle last month as part of a DOJ listening tour in Indian country. The DOJ officials are slated to visit tribal officials in Albuquerque, N.M. later this month and Minneapolis in October as part of the tour.

The Justice Department has also made millions of dollars in grant money available to Indian tribes, especially for programs that fight violence against women. The $787 economic stimulus bill enacted in February included $20.8 million for combatting violence against women on Indian reservations.

Deputy Associate Attorney General Sam Hirsch told members of the Senate Indian Affairs Committee today that the Justice Department supports legislation that sets the groundwork for federal recognition of Native Hawaiian sovereignty.

Native Hawaiians (doi.gov)

The bill would give Native Hawaiians essentially the same rights as Native Americans and Native Alaskans. Congress has taken up similar legislation seven times since 2000. The House passed a Native Hawaiian sovereignty bill twice but the Senate never approved the legislation.

“We are heartened that the bill’s sponsors and cosponsors are continuing, nearly a decade after the legislation’s original introduction, to address these issues and to press ahead with this important project,” Hirsch said in a prepared statement submitted to the panel.

The Obama DOJ’s view of the bill is a stark contrast to the Bush administration’s position on the legislation. The Bush DOJ said the legislation would “divide people by their race,” according to The Honolulu Advertiser.

Gail Heroit, a Republican appointee on the U.S. Commission on Civil Rights, said at a June House hearing on the bill that Native Hawaiian sovereignty could create an uprising, according to the newspaper.

“It is clear that many ethnic Hawaiians will not regard the new (Native Hawaiian) government as deriving its powers solely from federal delegation,” Heroit said, according to The Advertiser. “Rather, they will argue that it derives its power from their own inherent sovereignty and is thus not subject to any of the limitations on power found in the U.S. Constitution.”

The panel is expected to vote on the legislation in September after it returns from the August recess, the newspaper said. President Obama, a native Hawaiian, has promised to sign the bill into law if it passes Congress, according to The Advertiser.

The Justice Department supports the creation of a permanent DOJ Office of Tribal Justice with a presidentially-appointed head, according to a DOJ spokesperson.

The Office of Tribal Justice was created under a federal statute in 1995, but exists at the discretion of the Attorney General. OTJ serves as the DOJ’s point of contact with Indian tribes on tribal justice issues. The Senate Indian Affairs Committee is considering legislation that would make OTJ a permanent division within the Justice Department.

Associate Attorney General Tom Perrelli said in a statement submitted to the panel yesterday that the Justice Department supports the creation of a permanent OTJ – like the Office of Legal Counsel – but not the establishment of a permanent tribal justice division – like the Civil Rights Division. He said the OTJ would work better as a permanent office because divisions are “generally large litigating components” of the Justice Department.

“The Office facilitates coordination between Departmental components working on Indian issues, and provides a constant channel of communication for Indian tribal governments with the Department,” Perrelli said. “The Department agrees that it is time to recognize OTJ as a critical and permanent entity within DOJ.”

This is only the latest in a series of efforts by the Justice Department to reach out to Indian tribes. The Justice Department is already doling out hundreds of millions of dollars to tribal justice programs through grants and the Recovery Act, including $225 million for tribal correctional facilities. Last week, Perrelli said Attorney General Eric Holder will hold the Tribal Nations Listening Conference later in the year to help address the concerns of tribal leaders. Perrelli and Deputy Attorney General David Ogden also plan to hold smaller meetings with Indian tribes.

This new emphasis on tribal affairs by the DOJ has delighted members of the Senate Indian Affairs Committee. Senate Indian Affairs Chair Byron Dorgan (D-N.D.) said he was shocked when he read a Washington Post article that noted DOJ’s emphasis on tribal issues.

“I almost swallowed by Grape Nuts whole from my cereal,” Dorgan said.

But not all senators are happy with how the Justice Department is handling crime in Indian country.

Republican Utah Sens. Orrin Hatch and Bob Bennett criticized Justice Department for the force it used during a high-profile raid earlier this month on people who allegedly took Indian artifacts from tribal lands in Utah. Hatch said at a Senate Judiciary Committee hearing with Holder last week that the use of more than a 100 armed agents to arrest a dozen alleged perpetrators for non-violent crimes was “unnecessary and brutal.” Two of the alleged thieves committed suicide following the raid.

Holder defended the actions of the Justice Department during the hearing last week. He said the DOJ agents used the “appropriate amount of force” in the raid.

“The arrests that were done were felony arrests,” Holder said.

Hatch said the raid was a “dog and pony show.” The Justice Department issued a big news release and held a June 10 press conference in Utah with Ogden, Utah U.S. Attorney Brett Tolman and Secretary of the Interior Ken Salazar.

“I am questioning the motives of some of the higher-ups at Justice and at Interior,” Hatch said.