US (United States) Code. Title 25. Chapter 30: Indian law enforcement reform

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-MISC1-

Sec.

2801. Definitions.

2802. Indian law enforcement responsibilities.

(a) Responsibility of Secretary.

(b) Division of Law Enforcement Services;

establishment and responsibilities.

(c) Additional responsibilities of Division.

(d) Branch of Criminal Investigations;

establishment, responsibilities, regulations,

personnel, etc.

(e) Division of Law Enforcement Services personnel;

standards of education, experience, etc.;

classification of positions.

2803. Law enforcement authority.

2804. Assistance by other agencies.

(a) Agreement for use of personnel or facilities of

Federal, tribal, State, or other government

agency.

(b) Agreement to be in accord with agreements

between Secretary and Attorney General.

(c) Limitations on use of personnel of non-Federal

agency.

(d) Authority of Federal agency head to enter into

agreement with Secretary.

(e) Authority of Federal agency head to enter into

agreement with Indian tribe.

(f) Status of person as Federal employee.

2805. Regulations.

2806. Jurisdiction.

(a) Investigative jurisdiction over offenses

against criminal laws.

(b) Exercise of investigative authority.

(c) Law enforcement commission or other delegation

of prior authority not invalidated or

diminished.

(d) Authorities in addition to prior authority;

civil or criminal jurisdiction, law

enforcement, investigative, or judicial

authority, of United States, Indian tribes,

States, etc., unaffected.

2807. Uniform allowance.

2808. Source of funds.

2809. Reports to tribes.

(a) Reports by law enforcement officials of Bureau

or Federal Bureau of Investigation.

(b) Reports by United States attorney.

(c) Case file included within reports.

(d) Transfer or disclosure of confidential or

privileged communication, information or

sources to tribal officials.

-End-

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25 USC Sec. 2801 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2801. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "Bureau" means the Bureau of Indian Affairs of the

Department of the Interior.

(2) The term "employee of the Bureau" includes an officer of

the Bureau.

(3) The term "enforcement of a law" includes the prevention,

detection, and investigation of an offense and the detention or

confinement of an offender.

(4) The term "Indian country" has the meaning given that term

in section 1151 of title 18.

(5) The term "Indian tribe" has the meaning given that term in

section 1301 of this title.

(6) The term "offense" means an offense against the United

States and includes a violation of a Federal regulation relating

to part or all of Indian country.

(7) The term "Secretary" means the Secretary of the Interior.

(8) The term "Division of Law Enforcement Services" means the

entity established within the Bureau under section 2802(b) of

this title.

(9) The term "Branch of Criminal Investigations" means the

entity the Secretary is required to establish within the Division

of Law Enforcement Services under section 2802(d)(1) of this

title.

-SOURCE-

(Pub. L. 101-379, Sec. 2, Aug. 18, 1990, 104 Stat. 473.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 101-379, Aug. 18, 1990, 104 Stat. 473, which

is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 101-379 provided that: "This Act [enacting

this chapter and provisions set out as a note under section 2991a

of Title 42, The Public Health and Welfare] may be cited as the

'Indian Law Enforcement Reform Act'."

-End-

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25 USC Sec. 2802 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2802. Indian law enforcement responsibilities

-STATUTE-

(a) Responsibility of Secretary

The Secretary, acting through the Bureau, shall be responsible

for providing, or for assisting in the provision of, law

enforcement services in Indian country as provided in this chapter.

(b) Division of Law Enforcement Services; establishment and

responsibilities

There is hereby established within the Bureau a Division of Law

Enforcement Services which, under the supervision of the Secretary,

or an individual designated by the Secretary, shall be responsible

for -

(1) carrying out the law enforcement functions of the Secretary

in Indian country, and

(2) implementing the provisions of this section.

(c) Additional responsibilities of Division

Subject to the provisions of this chapter and other applicable

Federal or tribal laws, the responsibilities of the Division of Law

Enforcement Services in Indian country shall include -

(1) the enforcement of Federal law and, with the consent of the

Indian tribe, tribal law;

(2) in cooperation with appropriate Federal and tribal law

enforcement agencies, the investigation of offenses against

criminal laws of the United States;

(3) the protection of life and property;

(4) the development of methods and expertise to resolve

conflicts and solve crimes;

(5) the provision of criminal justice remedial actions,

correctional and detention services, and rehabilitation;

(6) the reduction of recidivism and adverse social effects;

(7) the development of preventive and outreach programs which

will enhance the public conception of law enforcement

responsibilities through training and development of needed

public service skills;

(8) the assessment and evaluation of program accomplishments in

reducing crime; and

(9) the development and provision of law enforcement training

and technical assistance.

(d) Branch of Criminal Investigations; establishment,

responsibilities, regulations, personnel, etc.

(1) The Secretary shall establish within the Division of Law

Enforcement Services a separate Branch of Criminal Investigations

which, under such inter-agency agreement as may be reached between

the Secretary and appropriate agencies or officials of the

Department of Justice and subject to such guidelines as may be

adopted by relevant United States attorneys, shall be responsible

for the investigation, and presentation for prosecution, of cases

involving violations of sections 1152 and 1153 of title 18 within

Indian country.

(2) The Branch of Criminal Investigations shall not be primarily

responsible for the routine law enforcement and police operations

of the Bureau in Indian country.

(3) The Secretary shall prescribe regulations which shall

establish a procedure for active cooperation and consultation of

the criminal investigative employees of the Bureau assigned to an

Indian reservation with the governmental and law enforcement

officials of the Indian tribe located on such reservation.

(4)(i) Criminal investigative personnel of the Branch shall be

subject only to the supervision and direction of law enforcement

personnel of the Branch or of the Division. Such personnel shall

not be subject to the supervision of the Bureau of Indian Affairs

Agency Superintendent or Bureau of Indian Affairs Area Office

Director. Nothing in this paragraph is intended to prohibit

cooperation, coordination, or consultation, as appropriate, with

nonlaw enforcement Bureau of Indian Affairs personnel at the agency

or area levels, or prohibit or restrict the right of a tribe to

contract the investigative program under the authority of Public

Law 93-638 [25 U.S.C. 450 et seq.] or to maintain its own criminal

investigative operations.

(ii) At the end of one year following the date of establishment

of the separate Branch of Criminal Investigations, any tribe may,

by resolution of the governing body of the tribe, request the

Secretary to reestablish line authority through the Agency

Superintendent or Bureau of Indian Affairs Area Office Director. In

the absence of good cause to the contrary, the Secretary, upon

receipt of such resolution, shall reestablish the line authority as

requested by the tribe.

(e) Division of Law Enforcement Services personnel; standards of

education, experience, etc.; classification of positions

(1) The Secretary shall establish appropriate standards of

education, experience, training, and other relevant qualifications

for law enforcement personnel of the Division of Law Enforcement

Services who are charged with law enforcement responsibilities

pursuant to section 2803 of this title.

(2) The Secretary shall also provide for the classification of

such positions within the Division of Law Enforcement Services at

GS grades, as provided in section 5104 of title 5, consistent with

the responsibilities and duties assigned to such positions and with

the qualifications established for such positions.

(3) In classifying positions in the Division of Law Enforcement

Services under paragraph (2), the Secretary shall ensure that such

positions are classified at GS grades comparable to those for other

Federal law enforcement personnel in other Federal Agencies (!1) in

light of the responsibilities, duties, and qualifications required

of such positions.

-SOURCE-

(Pub. L. 101-379, Sec. 3, Aug. 18, 1990, 104 Stat. 473.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 93-638, referred to in subsec. (d)(4)(i), is Pub. L.

93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the

Indian Self-Determination and Education Assistance Act, which is

classified principally to subchapter II (Sec. 450 et seq.) of

chapter 14 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 450 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2801 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

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25 USC Sec. 2803 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2803. Law enforcement authority

-STATUTE-

The Secretary may charge employees of the Bureau with law

enforcement responsibilities and may authorize those employees to -

(1) carry firearms;

(2) execute or serve warrants, summonses, or other orders

relating to a crime committed in Indian country and issued under

the laws of -

(A) the United States (including those issued by a Court of

Indian Offenses under regulations prescribed by the Secretary),

or

(B) an Indian tribe if authorized by the Indian tribe;

(3) make an arrest without a warrant for an offense committed

in Indian country if -

(A) the offense is committed in the presence of the employee,

or

(B) the offense is a felony and the employee has reasonable

grounds to believe that the person to be arrested has

committed, or is committing, the felony;

(4) offer and pay a reward for services or information, or

purchase evidence, assisting in the detection or investigation of

the commission of an offense committed in Indian country or in

the arrest of an offender against the United States;

(5) make inquiries of any person, and administer to, or take

from, any person an oath, affirmation, or affidavit, concerning

any matter relevant to the enforcement or carrying out in Indian

country of a law of either the United States or an Indian tribe

that has authorized the employee to enforce or carry out tribal

laws;

(6) wear a prescribed uniform and badge or carry prescribed

credentials;

(7) perform any other law enforcement related duty; and

(8) when requested, assist (with or without reimbursement) any

Federal, tribal, State, or local law enforcement agency in the

enforcement or carrying out of the laws or regulations the agency

enforces or administers.

-SOURCE-

(Pub. L. 101-379, Sec. 4, Aug. 18, 1990, 104 Stat. 475.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2802, 2804, 2807 of this

title.

-End-

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25 USC Sec. 2804 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2804. Assistance by other agencies

-STATUTE-

(a) Agreement for use of personnel or facilities of Federal,

tribal, State, or other government agency

The Secretary may enter into an agreement for the use (with or

without reimbursement) of the personnel or facilities of a Federal,

tribal, State, or other government agency to aid in the enforcement

or carrying out in Indian country of a law of either the United

States or an Indian tribe that has authorized the Secretary to

enforce tribal laws. The Secretary may authorize a law enforcement

officer of such an agency to perform any activity the Secretary may

authorize under section 2803 of this title.

(b) Agreement to be in accord with agreements between Secretary and

Attorney General

Any agreement entered into under this section relating to the

enforcement of the criminal laws of the United States shall be in

accord with any agreement between the Secretary and the Attorney

General of the United States.

(c) Limitations on use of personnel of non-Federal agency

The Secretary may not use the personnel of a non-Federal agency

under this section in an area of Indian country if the Indian tribe

having jurisdiction over such area of Indian country has adopted a

resolution objecting to the use of the personnel of such agency.

The Secretary shall consult with Indian tribes before entering into

any agreement under subsection (a) of this section with a

non-Federal agency that will provide personnel for use in any area

under the jurisdiction of such Indian tribes.

(d) Authority of Federal agency head to enter into agreement with

Secretary

Notwithstanding the provisions of section 1535 of title 31, the

head of a Federal agency with law enforcement personnel or

facilities may enter into an agreement (with or without

reimbursement) with the Secretary under subsection (a) of this

section.

(e) Authority of Federal agency head to enter into agreement with

Indian tribe

The head of a Federal agency with law enforcement personnel or

facilities may enter into an agreement (with or without

reimbursement) with an Indian tribe relating to -

(1) the law enforcement authority of the Indian tribe, or

(2) the carrying out of a law of either the United States or

the Indian tribe.

(f) Status of person as Federal employee

While acting under authority granted by the Secretary under

subsection (a) of this section, a person who is not otherwise a

Federal employee shall be considered to be -

(1) an employee of the Department of the Interior only for

purposes of -

(A) the provisions of law described in section 3374(c)(2) of

title 5, and

(B) sections 111 and 1114 of title 18, and

(2) an eligible officer under subchapter III of chapter 81 of

title 5.

-SOURCE-

(Pub. L. 101-379, Sec. 5, Aug. 18, 1990, 104 Stat. 476.)

-End-

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25 USC Sec. 2805 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2805. Regulations

-STATUTE-

After consultation with the Attorney General of the United

States, the Secretary may prescribe under this chapter regulations

relating to the enforcement of criminal laws of the United States

and regulations relating to the consideration of applications for

contracts awarded under the Indian Self-Determination Act [25

U.S.C. 450f et seq.] to perform the functions of the Branch of

Criminal Investigations.

-SOURCE-

(Pub. L. 101-379, Sec. 6, Aug. 18, 1990, 104 Stat. 476.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in text, is title

I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which

is classified principally to part A (Sec. 450f et seq.) of

subchapter II of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 450 of this title and Tables.

-End-

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25 USC Sec. 2806 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2806. Jurisdiction

-STATUTE-

(a) Investigative jurisdiction over offenses against criminal laws

The Secretary shall have investigative jurisdiction over offenses

against criminal laws of the United States in Indian country

subject to an agreement between the Secretary and the Attorney

General of the United States.

(b) Exercise of investigative authority

In exercising the investigative authority conferred by this

section, the employees of the Bureau shall cooperate with the law

enforcement agency having primary investigative jurisdiction over

the offense committed.

(c) Law enforcement commission or other delegation of prior

authority not invalidated or diminished

This chapter does not invalidate or diminish any law enforcement

commission or other delegation of authority issued under the

authority of the Secretary before August 18, 1990.

(d) Authorities in addition to prior authority; civil or criminal

jurisdiction, law enforcement, investigative, or judicial

authority, of United States, Indian tribes, States, etc.,

unaffected

The authority provided by this chapter is in addition to, and not

in derogation of, any authority that existed before August 18,

1990. The provisions of this chapter alter neither the civil or

criminal jurisdiction of the United States, Indian tribes, States,

or other political subdivisions or agencies, nor the law

enforcement, investigative, or judicial authority of any Indian

tribe, State, or political subdivision or agency thereof, or of any

department, agency, court, or official of the United States other

than the Secretary.

-SOURCE-

(Pub. L. 101-379, Sec. 7, Aug. 18, 1990, 104 Stat. 476.)

-End-

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25 USC Sec. 2807 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2807. Uniform allowance

-STATUTE-

Notwithstanding the limitation in section 5901(a) of title 5, the

Secretary may provide a uniform allowance for uniformed law

enforcement officers under section 2803 of this title of not more

than $400 a year.

-SOURCE-

(Pub. L. 101-379, Sec. 8, Aug. 18, 1990, 104 Stat. 477.)

-End-

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25 USC Sec. 2808 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2808. Source of funds

-STATUTE-

Any expenses incurred by the Secretary under this chapter shall

be paid from funds appropriated under section 13 of this title.

-SOURCE-

(Pub. L. 101-379, Sec. 9, Aug. 18, 1990, 104 Stat. 477.)

-End-

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25 USC Sec. 2809 01/06/03

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TITLE 25 - INDIANS

CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM

-HEAD-

Sec. 2809. Reports to tribes

-STATUTE-

(a) Reports by law enforcement officials of Bureau or Federal

Bureau of Investigation

In any case in which law enforcement officials of the Bureau or

the Federal Bureau of Investigation decline to initiate an

investigation of a reported violation of Federal law in Indian

country, or terminate such an investigation without referral for

prosecution, such officials are authorized to submit a report to

the appropriate governmental and law enforcement officials of the

Indian tribe involved that states, with particularity, the reason

or reasons why the investigation was declined or terminated.

(b) Reports by United States attorney

In any case in which a United States attorney declines to

prosecute an alleged violation of Federal criminal law in Indian

country referred for prosecution by the Federal Bureau of

Investigation or the Bureau, or moves to terminate a prosecution of

such an alleged violation, the United States attorney is authorized

to submit a report to the appropriate governmental and law

enforcement officials of the Indian tribe involved that states,

with particularity, the reason or reasons why the prosecution was

declined or terminated.

(c) Case file included within reports

In any case -

(1) in which the alleged offender is an Indian, and

(2) for which a report is submitted under subsection (a) or (b)

of this section,

the report made to the Indian tribe may include the case file,

including evidence collected and statements taken, which might

support an investigation or prosecution of a violation of tribal

law.

(d) Transfer or disclosure of confidential or privileged

communication, information or sources to tribal officials

Nothing in this section shall require any Federal agency or

official to transfer or disclose any confidential or privileged

communication, information, or sources to the officials of any

Indian tribe. Federal agencies authorized to make reports pursuant

to this section shall, by regulations, adopt standards for the

protection of such communications, information, or sources.

-SOURCE-

(Pub. L. 101-379, Sec. 10, Aug. 18, 1990, 104 Stat. 477.)

-End-