Lake County officials have billed Montana nearly $1 million this year, demanding funds for law enforcement on the Flathead Indian Reservation. This expense, they argue, is the state’s responsibility under a longstanding agreement. Despite the mounting invoices, the state has yet to settle its growing debt.
This financial clash stems from a unique law enforcement arrangement under Public Law 280. It delegates Lake County officers and attorneys to manage felony crimes by tribal members, bypassing federal oversight. While the arrangement prevents local crime from being overlooked, Lake County’s officials say they cannot sustain the financial burden.
The cost of this agreement exceeds $4 million annually for local taxpayers. Previously, taxes from the Séliš Ksanka QÍispé Dam helped mitigate expenses, but when the dam was sold to the Confederated Salish and Kootenai Tribes, this revenue source vanished. Legislative efforts to secure state funding have failed repeatedly. In 2021, a bill allocated only $1, but it allowed the county to withdraw from the agreement. House Bill 479 sought to provide $2.5 million annually to Lake County for two years, but Gov. Greg Gianforte vetoed it, arguing the county wants benefits without financial responsibility. Lake County maintains it’s the state’s duty to fund the agreement based on a commitment made in the 1960s with the tribe.
A legal challenge by the county failed last year, though the judge suggested they exit the agreement. Discussions with federal authorities regarding assuming law enforcement responsibilities fell through due to resource limitations. Last year, the Lake County Commission voted to withdraw from Public Law 280, asking Gianforte to release them from the agreement. However, due to a clerical mistake in their request, the governor refused to sign the needed proclamation.
Currently, Lake County continues to address most felony crimes by tribal members while the CSKT handles misdemeanors and certain drug felonies. “We’re kind of trapped in an agreement that we can’t get out of,” said County Commissioner Gale Decker.
The county is now billing the state monthly, tracking costs related to law enforcement, including the expense of detaining tribal members and the salary of one attorney. From May to October, invoices reached $967,000, yet the state remains silent on payments. Sen. Greg Hertz intends to pursue legislation in 2025 to fund these costs, though past gubernatorial vetoes dampen expectations. Gianforte previously committed to providing transitional financial aid of $1.3 million annually from mid-2025 to mid-2028. Hertz argues, “The statute is clear that the state is responsible for the cost of Public Law 280,” emphasizing its success and local approval.
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