The long saga of Public Law 280, a law enforcement agreement between the state of Montana, Confederated Salish and Kootenai Tribes and Lake County, entered a new phase April 21 when all three entities signed an agreement on how to spend a $6 million legislative appropriation.

Senate Bill 393, which allocates $3 million to the tribes and $3 million to Lake County, was signed into law by Gov. Greg Gianforte at the close of the 2025 session, but it took nearly 10 months for the three parties to arrive at an agreement on how the money would be spent.

Under the memorandum of understanding, the tribes and Lake County agreed to meet biannually to “coordinate on criminal justice efforts, strategize on the best use of resources and to advance the shared goal of the tribes continuing to exercise more felony jurisdiction over time.” At least one Tribal Council member, one county commissioner and appropriate staff from each government are required to attend.

The tribes have committed to spending $3 million on criminal justice costs, including law enforcement-related capacity, equipment, supplies and infrastructure as well as services and programs for families and individuals involved in the criminal justice system.

Lake County plans to finance facilities, staff, equipment and programs related to Public Law 280 jurisdiction over those felonies not handled by the tribes.

In a recent press release outlining the progress of the memorandum of understanding, County Commissioner Gale Decker noted that the county has submitted and received approval for several requests for reimbursement since the agreement was signed in April.

Specific projects the county is pursuing with the additional state funding include improvements to the basement detention center and remodeling on the third floor of the Lake County Courthouse to add a courtroom and renovate the existing offices of two district court judges.

According to Decker, both projects were mandated as part of a settlement between Lake County and inmates who had sued the county over chronic overcrowding at the jail.

Decker also pointed out that the Flathead Reservation is the only reservation in Montana operating under a Public Law 280 agreement. Although Sanders, Flathead and Missoula counties are also signatories, the bulk of the reservation rests within Lake County, which therefore handles most of the prosecutions.

“Although all parties prefer to keep the agreement in place, the sharing of costs has been a contentious issue,” he said, noting that the costs of prosecuting felonies involving tribal members have increased significantly since the agreement was initially signed in 1964.

The tribes assumed jurisdiction over criminal misdemeanors involving Native Americans in 1994 and have started to handle drug-related felonies involving tribal members.

Still, according to Decker, “roughly 50% of the total felony prosecutions in Lake County involve a tribal member.”

Senate Bill 393 is the culmination of efforts by the county beginning in 2017 to either pull out of the agreement or be reimbursed by the state or federal government for its escalating costs. The tribes and county officially have until July 1, 2027 to expend their respective funds, unless all three parties (including the state) opt to extend the memorandum of understanding.

“When that funding dries up, the question as to whether the county can afford to remain within the agreement will need to be answered,” Decker said.