Congressional Delegation to DOJ of Authority to Abrogate Tribal Sovereignty?

The Attorney General is beginning the process to determine whether “tribe[s] e ha[ve] not substantially implemented the requirements of this subtitle and [are] not likely to become capable of doing so within a reasonable amount of time” under 42 U.S.C. § 16927(a)(2)(C).

What this means is that tribes that opted-in a few years back into the federal sex offender registry program requirements that are not in compliance within a “reasonable” time or “are not likely to” be in compliance, may have their sovereignty over this question shunted off to state governments at the Attorney General‘s discretion. Seems like it is time to pay serious attention to the notices coming out of the DOJ about this issue.

Here is the tribal consultation announcement.

And the SMART website.

Adam Walsh Act: SMART Website Link to Indian Country Materials

Here:

Adam Walsh Act

Pursuant to §127 of the Adam Walsh Act all federally recognized Indian tribes are entitled to elect whether to carry out the requirements of this section or delegate the functions to the state(s) in which the tribal land is located.

Tribal Resources