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

Summary

The Secretary must set up rules within 180 days after July 29, 2010 to make written agreements with federal, tribal, State, or other government agencies to use their people or facilities — with or without payment — to help enforce U.S. or tribal laws in Indian country when a tribe lets the Secretary enforce tribal laws. The Secretary can let those agency officers do the same kinds of law enforcement work allowed under another part of this law. The rules must include a plan to improve training and give special law enforcement commissions to tribal, and (subject to subsection (d)) State and local officers. That plan must hold regional training in Indian country at least twice a year to teach and certify candidates. Also, within 180 days after July 29, 2010, the Secretary must, with input from tribes, make minimum requirements for these special commission agreements. Each agreement must show the certified person is a Federal law enforcement officer under subsection (f) and is acting within the duties in section 2802(c). The Secretary must offer the agreement to a tribe within 60 days after the requirements are met. Any agreement about enforcing U.S. criminal laws must match any agreement between the Secretary and the Attorney General. The Secretary may not use non‑Federal agency personnel in an area if the tribe with jurisdiction passes a resolution objecting, and the Secretary must consult tribes before making such deals. Despite a rule in title 31, a Federal agency head may make agreements with the Secretary, and may also make agreements directly with a tribe, with or without reimbursement, about tribal law enforcement or carrying out U.S. or tribal laws. While acting under the Secretary’s authority, a person who is not normally a Federal employee is treated as a Department of the Interior employee for certain criminal and personnel protections (including 5 U.S.C. 3374(c)(2), 18 U.S.C. 111 and 1114) and is eligible under federal benefits rules in chapter 81, subchapter III of title 5. The Bureau may accept money, resources, help, or funding from government agencies or from the Indian Law Enforcement Foundation.

Title 25, §2804

Indians, Source: USLM XML via OLRC

(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 Secretary to enforce tribal laws.

(2)Certain activities

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.

(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, subject to subsection (d), State and local law enforcement officials, pursuant to this section.

(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 candidates 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 requirements to be included in special law enforcement commission agreements pursuant 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 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) 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).

(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), 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)section 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, resources, assistance, or funding from—

(1)a Federal, tribal, State, or other government agency; or

(2)the Indian Law Enforcement Foundation established under section 5412(a) of this title.

Notes & Related Subsidiaries

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 Indian Self-Determination and Education Assistance Act”, meaning section 702(a) of Pub. L. 93–638, to reflect 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 procedures 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).

§2804 Assistance by Other Agencies