Norton

ORDER DENYING MOTION TO DISMISS

INTRODUCTION

This case presents an issue of first impression whether the “contractible programs” authorized by the Indian Self-Determination and Education Assistance Act of 1975, 25 U.S.C. 450 et seq., include the contracts contemplated by the Indian Law Enforcement Reform Act of 1990, 25 U.S.C. 2801 et seq. This order holds in the affirmative and therefore denies the government’s motion to dismiss.

STATEMENT

The Hopland Band of Pomo Indians is a federally-recognized Indian tribe. The tribe is the beneficial owner of the Hop-land Indian Reservation, which covers approximately 2,070 acres of trust and fee land in Mendocino County, California. The tribe exercises powers of self-government on its reservation through the Hop-land Tribal Council, its governing body.

Pursuant to the authority granted to it under the Hopland constitution, the tribal council adopted an ordinance in July 2002 creating the Hopland Police Department, which provides law enforcement on the reservation to all persons who live, work and visit there. The council’s decision to create a police department was a response to the steady increase in visitors to a reservation casino…