Title 25IndiansRelease 119-73

§5704 Guidelines for responding to cases of missing or murdered Indians

Title 25 › Chapter CHAPTER 49— - SAVANNA’S ACT › § 5704

Last updated Apr 6, 2026|Official source

Summary

Within 60 days after a related consultation ends, the Attorney General must tell U.S. attorneys to make regional guidelines for responding to cases of missing or murdered Indians. The guidelines must cover cooperation between Tribal, Federal, State, and local law enforcement (including who is responsible and how protection orders are enforced); best ways to search for missing people on and off Indian land; standards for collecting, reporting, analyzing, and entering data on missing people and unidentified remains, and how to handle and identify remains in a culturally respectful way; which agency should enter data if a Tribal agency cannot access databases; ways to improve response and follow-up by police; and how to make sure victims and families get culturally appropriate services. U.S. attorneys must create the guidelines with Tribes and other partners (for example, the Department of Justice, FBI, Department of the Interior, Bureau of Indian Affairs, Tribal/State/local law enforcement, medical examiners, coroners, victim service groups, and Indian organizations). Not later than 1 year after October 10, 2020, U.S. attorneys must put the guidelines into their office policies, and all Federal law enforcement agencies must update their own policies. Each year, when a Tribal, State, or local agency asks, the Attorney General will check if that agency has adopted the guidelines. Within 30 days after those yearly checks, the Attorney General must publish on the Department of Justice website which agencies have adopted the guidelines and which requests are pending, and collect example guidelines as a resource. The Attorney General must use the National Indian Country Training Initiative to train and help Tribes and law enforcement on the guidelines and on using the National Missing and Unidentified Persons System. Tribes may also send in their own guidelines, and the Attorney General will post them in one central place on the Department of Justice website.

Full Legal Text

Title 25, §5704

Indians — Source: USLM XML via OLRC

(a)Not later than 60 days after the date on which the consultation described in section 5703(b)(1) of this title is completed, the Attorney General shall direct United States attorneys to develop regionally appropriate guidelines to respond to cases of missing or murdered Indians that shall include—
(1)guidelines on inter-jurisdictional cooperation among law enforcement agencies at the Tribal, Federal, State, and local levels, including inter-jurisdictional enforcement of protection orders and detailing specific responsibilities of each law enforcement agency;
(2)best practices in conducting searches for missing persons on and off Indian land;
(3)standards on the collection, reporting, and analysis of data and information on missing persons and unidentified human remains, and information on culturally appropriate identification and handling of human remains identified as Indian, including guidance stating that all appropriate information related to missing or murdered Indians be entered in a timely manner into applicable databases;
(4)guidance on which law enforcement agency is responsible for inputting information into appropriate databases under paragraph (3) if the Tribal law enforcement agency does not have access to those appropriate databases;
(5)guidelines on improving law enforcement agency response rates and follow-up responses to cases of missing or murdered Indians; and
(6)guidelines on ensuring access to culturally appropriate victim services for victims and their families.
(b)United States attorneys shall develop the guidelines required under subsection (a) in consultation with Indian Tribes and other relevant partners, including—
(1)the Department of Justice;
(2)the Federal Bureau of Investigation;
(3)the Department of the Interior;
(4)the Bureau of Indian Affairs;
(5)Tribal, State, and local law enforcement agencies;
(6)medical examiners;
(7)coroners;
(8)Tribal, State, and local organizations that provide victim services; and
(9)national, regional, or urban Indian organizations with relevant expertise.
(c)(1)Not later than 1 year after October 10, 2020, the United States attorneys shall implement, by incorporating into office policies and procedures, the guidelines developed under subsection (a).
(2)Each Federal law enforcement agency shall modify the guidelines, policies, and protocols of the agency to incorporate the guidelines developed under subsection (a).
(3)Not later than the end of each fiscal year beginning after the date the guidelines are established under this section and incorporated under this subsection, upon the request of a Tribal, State, or local law enforcement agency, the Attorney General shall determine whether the Tribal, State, or local law enforcement agency seeking recognition of compliance has incorporated guidelines into their respective guidelines, policies, and protocols.
(d)Not later than 30 days after compliance determinations are made each fiscal year in accordance with subsection (c)(3), the Attorney General shall—
(1)disclose and publish, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency that the Attorney General has determined has incorporated guidelines in accordance with subsection (c)(3);
(2)disclose and publish, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency that has requested a determination in accordance with subsection (c)(3) that is pending;
(3)collect the guidelines into a resource of examples and best practices that can be used by other law enforcement agencies seeking to create and implement such guidelines.
(e)The Attorney General shall use the National Indian Country Training Initiative to provide training and technical assistance to Indian Tribes and law enforcement agencies on—
(1)implementing the guidelines developed under subsection (a) or developing and implementing locally specific guidelines or protocols for responding to cases of missing or murdered Indians; and
(2)using the National Missing and Unidentified Persons System and accessing program services that will assist Indian Tribes with responding to cases of missing or murdered Indians.
(f)(1)Indian Tribes may submit their own guidelines to respond to cases of missing or murdered Indians to the Attorney General.
(2)Upon receipt of any guidelines from an Indian Tribe, the Attorney General shall publish the guidelines on the website of the Department of Justice in 1 centralized location to make the guidelines available as a resource to any Federal agency, State, or Tribal government.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5704

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73