25 U.S.C. § 2809: Reports to tribes

Summary

When a federal investigator stops a criminal probe in Indian country without sending it for federal charges, they must work with the tribal law enforcement that has authority over the crime to explain the investigation status and how the evidence could be used in tribal court. If a U.S. Attorney chooses not to prosecute or ends a federal case in Indian country, the U.S. Attorney must also coordinate with the appropriate tribal justice officials about the case and evidence. Each year the FBI must collect, by Field Division, information on investigations in Indian country that were not referred for prosecution — the types of crimes, whether the accused and victims were Indian or non-Indian, and the reasons for not referring the case. U.S. Attorneys must send similar yearly data by federal judicial district to the Native American Issues Coordinator about declined or ended prosecutions. The Attorney General must give Congress an annual report with those FBI and U.S. Attorney data (both totals and broken down by Field Division and district) and any explanations. Federal officials do not have to share confidential, privileged, or legally protected information with tribal officials. Rule 6 of the Federal Rules of Criminal Procedure still applies, and the Attorney General must write rules to protect confidential information and sources.

Title 25, §2809

Indians, Source: USLM XML via OLRC

(a)Coordination and data collection

(1)Investigative coordination

Subject to subsection (c), if a law enforcement officer or employee of any Federal department or agency terminates an investigation of an alleged violation of Federal criminal law in Indian country without referral for prosecution, the officer or employee shall coordinate with the appropriate tribal law enforcement 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 Division, 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, including—

(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 referring the investigation for prosecution.

(3)Prosecutorial coordination

Subject to subsection (c), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal criminal law in Indian country, the United States Attorney shall coordinate with the appropriate tribal justice 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.

(4)Prosecution data

The United States Attorney shall submit to the Native American Issues Coordinator to compile, on an annual basis and by Federal judicial district, information regarding all declinations of alleged violations of Federal criminal law that occurred in Indian country that were referred for prosecution by law enforcement agencies, including—

(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 to decline or terminate the prosecutions.

(b)Annual reports

The Attorney General shall submit to Congress annual reports containing, with respect to the applicable calendar year, the information compiled under paragraphs (2) and (4) of subsection (a)—

(1)organized—

(A)in the aggregate; and

(B)(i)for the Federal Bureau of Investigation, by Field Division; and

(ii)for United States Attorneys, by Federal judicial district; and

(2)including any relevant explanatory statements.

(c)Effect of section

(1)In general

Nothing in this section requires any Federal agency or official to transfer or disclose any confidential, privileged, or statutorily protected communication, information, or source to an official of any Indian tribe.

(2)Federal Rules of Criminal Procedure

Nothing in this section affects or limits the requirements of Rule 6 of the Federal Rules of Criminal Procedure.

(3)Regulations

The Attorney General shall establish, by regulation, standards for the protection of the confidential or privileged communications, information, and sources described in this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Rule 6 of the Federal Rules of Criminal Procedure, referred to in subsec. (c)(2), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments

2010—Pub. L. 111–211 added subsecs. (a) to (c) and struck out former subsecs. (a) to (d) which related, respectively, to reports by law

Enforcement

officials of the Bureau of Indian Affairs or Federal Bureau of Investigation, reports by United States attorneys, case files included within reports, and transfer or disclosure of confidential or privileged communication, information, or sources to tribal officials.

§2809 Reports to Tribes