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Appropriations hearing lays out path for Lake County, CSKT policing transition and funding questions
Summary
Representative Sharp told the committee HB 366 would fund DOJ reimbursements and policy changes tied to Lake County withdrawing from Public Law 280 and enabling CSKT to assume broader policing responsibilities; members pressed on legal authority, fiscalimpacts, and coordination with federal agencies.
Representative Sharp opened HB 366 by describing a negotiated, two‑part approach: a policy pathway for Lake County to withdraw from Public Law 280 while funding transitional costs and building tribal policing capacity, and an appropriation to help with reimbursements and jail/operations costs. "The bottom line is this... Lake County was given permission to get out of Public Law 280," Sharp said, framing the bill as an effort to give the CSKT authority and resources to assume more policing responsibilities.
Committee members asked whether statutory cross‑references were missing and whether federal approval (Department of Interior) could block a retrocession. Sharp acknowledged the potential federal constraint and said he would amend the bill to include the relevant Montana Code reference if necessary. Members pressed for clarity on whether the state or county would ultimately hold long‑term financial responsibility if federal retrocession did not proceed.
Questions from Representative Crow and others focused on the bill’s policy vs. appropriations split vis‑à‑vis a companion appropriation (SB 393). Sharp said his bill includes both policy and funding language because the policy change (authorizing county withdrawal) has a sunset (June 30, 2027) and he wanted to ensure the appropriation and policy were reconciled.
Several members requested legal analysis; Sharp said no formal legal memo was included in the hearing packet but reiterated references to statutes that he said allow Lake County to withdraw. The committee did not take a final vote in this hearing; representatives asked for additional legal and fiscal detail from the sponsor and said coordination with state and federal officials will be required.
