25 U.S.C. § 2804 — Assistance by other agencies

Page 520 TITLE 25—INDIANS § 2804 1 See References in Text note below. 2006—Par. (3)(C). Pub. L. 109–162 added subpar. (C). § 2804. Assistance by other agencies (a) Agreements (1) In general Not later than 180 days after July 29, 2010, the Secretary shall establish procedures to enter into memoranda of 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 Sec- retary to enforce tribal laws. (2) Certain activities The Secretary may authorize a law enforce- ment officer of such an agency to perform any activity the Secretary may authorize under section 2803 of this title. (3) Program enhancement (A) Training sessions in Indian country (i) In general The procedures described in paragraph (1) shall include the development of a plan to enhance the certification and provision of special law enforcement commissions to tribal law enforcement officials, and, sub- ject to subsection (d), State and local law enforcement officials, pursuant to this sec- tion. (ii) Inclusions The plan under clause (i) shall include the hosting of regional training sessions in Indian country, not less frequently than biannually, to educate and certify can- didates for the special law enforcement commissions. (B) Memoranda of agreement (i) In general Not later than 180 days after July 29, 2010, the Secretary, in consultation with Indian tribes and tribal law enforcement agencies, shall develop minimum require- ments to be included in special law en- forcement commission agreements pursu- ant to this section. (ii) Substance of agreements Each agreement entered into pursuant to this section shall reflect the status of the applicable certified individual as a Federal law enforcement officer under subsection (f), acting within the scope of the duties described in section 2802(c) of this title. (iii) Agreement Not later than 60 days after the date on which the Secretary determines that all applicable requirements under clause (i) are met, the Secretary shall offer to enter into a special law enforcement commission agreement with the Indian tribe. (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 Attor- ney General of the United States. (c) Limitations on use of personnel of non-Fed- eral 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) with a non- Federal agency that will provide personnel for use in any area under the jurisdiction of such In- dian 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 reimburse- ment) with the Secretary under subsection (a). (e) Authority of Federal agency head to enter into agreement with Indian tribe The head of a Federal agency with law en- forcement 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 In- dian 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), a person who is not otherwise a Federal employee shall be con- sidered to be— (1) an employee of the Department of the In- terior only for purposes of— (A) the provisions of law described in sec- tion 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. (g) Acceptance of assistance The Bureau may accept reimbursement, re- sources, assistance, or funding from— (1) a Federal, tribal, State, or other govern- ment agency; or (2) the Indian Law Enforcement Foundation established under section 5412(a) 1 of this title. (Pub. L. 101–379, § 5, Aug. 18, 1990, 104 Stat. 476; Pub. L. 111–211, title II, § 231(b), (e), July 29, 2010, 124 Stat. 2273, 2278.) Editorial Notes REFERENCES IN TEXT Section 5412(a) of this title, referred to in subsec. (g)(2), was in the original ‘‘section 701(a) of the Indian Self-Determination and Education Assistance Act’’, and was translated as reading ‘‘section 702(a) of the In- dian Self-Determination and Education Assistance Act’’, meaning section 702(a) of Pub. L. 93–638, to reflect Page 521 TITLE 25—INDIANS § 2809 the probable intent of Congress, because Pub. L. 93–638 does not contain a section 701(a), and section 702(a) of Pub. L. 93–638 relates to establishment of the Indian Law Enforcement Foundation. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 231(b), inserted heading, designated first sentence as par. (1), inserted par. (1) heading, substituted ‘‘Not later than 180 days after July 29, 2010, the Secretary shall establish proce- dures to enter into memoranda of agreement’’ for ‘‘The Secretary may enter into an agreement’’, designated second sentence as par. (2), inserted par. (2) heading, and added par. (3). Subsec. (g). Pub. L. 111–211, § 231(e), added subsec. (g). § 2805. Regulations After consultation with the Attorney General of the United States, the Secretary may pre- scribe under this chapter regulations relating to the enforcement of criminal laws of the United States and regulations relating to the consider- ation of applications for contracts awarded under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] to perform the functions of the Branch of Criminal Investigations. (Pub. L. 101–379, § 6, Aug. 18, 1990, 104 Stat. 476.) Editorial Notes 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, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 2806. Jurisdiction (a) Investigative jurisdiction over offenses against criminal laws The Secretary shall have investigative juris- diction over offenses against criminal laws of the United States in Indian country subject to an agreement between the Secretary and the At- torney General of the United States. (b) Exercise of investigative authority In exercising the investigative authority con- ferred by this section, the employees of the Bu- reau shall cooperate with the law enforcement agency having primary investigative jurisdic- tion over the offense committed. (c) Law enforcement commission or other dele- gation of prior authority not invalidated or diminished This chapter does not invalidate or diminish any law enforcement commission or other dele- gation 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 enforce- ment, investigative, or judicial authority, of United States, Indian tribes, States, etc., un- affected The authority provided by this chapter is in addition to, and not in derogation of, any au- thority that existed before August 18, 1990. The provisions of this chapter alter neither the civil or criminal jurisdiction of the United States, In- dian tribes, States, or other political subdivi- sions or agencies, nor the law enforcement, in- vestigative, 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 Sec- retary. (Pub. L. 101–379, § 7, Aug. 18, 1990, 104 Stat. 476.) § 2807. Uniform allowance Notwithstanding the limitation in section 5901(a) of title 5, the Secretary may provide a uniform allowance for uniformed law enforce- ment officers under section 2803 of this title of not more than $400 a year. (Pub. L. 101–379, § 8, Aug. 18, 1990, 104 Stat. 477.) § 2808. Source of funds Any expenses incurred by the Secretary under this chapter shall be paid from funds appro- priated under section 13 of this title. (Pub. L. 101–379, § 9, Aug. 18, 1990, 104 Stat. 477.) § 2809. Reports to tribes (a) Coordination and data collection (1) Investigative coordination Subject to subsection (c), if a law enforce- ment officer or employee of any Federal de- partment or agency terminates an investiga- tion of an alleged violation of Federal crimi- nal law in Indian country without referral for prosecution, the officer or employee shall co- ordinate with the appropriate tribal law en- forcement officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. (2) Investigation data The Federal Bureau of Investigation shall compile, on an annual basis and by Field Divi- sion, information regarding decisions not to refer to an appropriate prosecuting authority cases in which investigations had been opened into an alleged crime in Indian country, in- cluding— (A) the types of crimes alleged; (B) the statuses of the accused as Indians or non-Indians; (C) the statuses of the victims as Indians or non-Indians; and (D) the reasons for deciding against refer- ring the investigation for prosecution. (3) Prosecutorial coordination Subject to subsection (c), if a United States Attorney declines to prosecute, or acts to ter- minate prosecution of, an alleged violation of Federal criminal law in Indian country, the United States Attorney shall coordinate with the appropriate tribal justice officials regard- ing the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. (4) Prosecution data The United States Attorney shall submit to the Native American Issues Coordinator to compile, on an annual basis and by Federal ju- dicial district, information regarding all dec-