Reservation force faces big losses

By Jomay Steen, Journal Staff Writer | Monday, July 26, 2004

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The Oglala Sioux Tribe Department of Public Safety on Pine Ridge Indian Reservation has tightened its belt.

But it may not be enough.

When a federal Community Oriented Policing grant expires Sept. 30, 2005, the tribal police force will lose funding for 75 percent of its officers, according to Duane Yellow Hawk, self-determination specialist for the department.

"After September of 2005, we'll lose funding for 57 police officers unless the Department of Justice moves that money into our funding base," Yellow Hawk said.

Currently, the Bureau of Indian Affairs public safety budget is $3.4 million. That base allowance funds 29 police officers, administration costs of two dispatch centers, two jails, a juvenile detention center, leases of patrol cars, mechanical maintenance, fuel, insurance, technical support, communication contracts, certification and police training, equipment, supplies, office personnel, benefits, retirement and more.

"In October of 2003, we did a budget," Yellow Hawk said. "We're already over $300,000 above the projected limit."

Using funds from the start-up money for the new jail, Yellow Hawk was able to keep enough money in the bank without having to lay off any of the officers. Yellow Hawk designated some officers as part of the transition team to move into the new jail while they maintained their current duty stations.

"The actual bare minimum need to run the department would be $3.7 million," he said.

The two-year $4.5 million COPS grant hired 57 more officers with the expectation that the community would take over funding.

But tribal officials said there isn't money to do that at all unless the Office of Budget and Management puts it into the OST Department of Public Safety budget.

"There is no tribal funding or revenue; we are a 100 percent federally funded program," Yellow Hawk said.

If that funding goes away, 29 officers will be left to patrol the reservation, he said.

Chad Kolton, press secretary at the Office of Management and Budget in Washington, D.C., painted an encouraging picture of the possibility of more money finding its way to Pine Ridge's police budget. Substantial resources are available for local law enforcement agencies applying for grants, he said.

"If passed by Congress, there will be a $500 million Justice Assistance Grant Program available for local law enforcement," Kolton said.

Grant applications would be available nationwide by Oct. 1, and grants could be awarded as early as late 2004 into 2005, he said.

These would be competitive grants with law enforcement agencies nationwide vying for the awards.

Kolton said tribal and community grant writers must show how spending this grant money would have a demonstrated impact on reducing crime in their communities.

A major criticism of the previous program was that it did not have an effective way to measure how it was reducing crime or affecting the community, Kolton said.

Since 2001, the Bush Administration has provided $13 billion for law enforcement, including Homeland Security. Next year, there will be an additional $3.5 billion available nationwide. That includes Pine Ridge's opportunity to compete for that money, Kolton said.

He said the current federal administration had budgeted to support first-time responders, including police, firefighters and emergency medical teams, and money would be available to support training and equipment.

"It's a time for tight budgets, but there's money to support law enforcement," Kolton said.

Yellow Hawk said 80 certified tribal police officers patrol nearly 2 million acres and nine districts on Pine Ridge Indian Reservation as part of its regular beat. It also supports two jails, a detention center and a security network.

If funding shortages aren't remedied, the force would be reduced to skeleton crews, with longer response times to answer calls, Yellow Hawk said. Investigations and crime prevention programs would all be hit hard, he added.

Some costs not covered by the budgets included escalating staff insurance, benefits packages, vehicle insurance and fuel costs for patrol cars.

"We're looking at some very serious setbacks," he said. "We're operating at a deficit."

Robert Grey Eagle, department attorney, said it takes more than asking for the money to get it.

"It's not up to the local agencies or programs to determine how much money they get," Grey Eagle said.

Public Safety can change its budgets, but the federal Office of Management and Budget determines how much money the Bureau can request, Grey Eagle said.

Under constraints by the Bush Administration's national budget, the Office of Management and Budget categorizes and allots funds for each activity and agency.

Based upon those categories, it restricts how much money Pine Ridge Indian Reservation can request, he said.

"We have historically budgeted our actual needs, and we continue to be under-funded," he said.

The only way the budget shortfalls will change is if tribes approach Congress about realistic funding, he said.

They have to take the initiative to start lobbying for realistic funding formulas in Indian Country, or it's not going to change, Grey Eagle said.

"They are our most effective lobbyist in articulating our budget constraints with Congress," he said.

Often tribal citizens, not realizing how the budget requests work, will pressure local agencies and programs, Grey Eagle said.

"The budget is always insufficient," he said. "There are millions of dollars of unmet needs in Indian Country."

Contact Jomay Steen at 394-8418 or jomay.steen@rapidcityjournal.com