§2809 — Title 25 Indians | U.S. Code

Summary

Requires federal investigators who stop an investigation in Indian country without sending it for federal charges to talk with tribal law enforcement about what is happening and whether the evidence can be used in a tribal court. The FBI must each year collect, by Field Division, information on cases it did not refer for prosecution. That information must show kinds of crimes, whether the accused and the victims were Native or non‑Native, and the reasons the case was not sent for federal charges. If a U.S. Attorney decides not to prosecute or stops a prosecution in Indian country, the U.S. Attorney must also coordinate with tribal justice officials and report those declinations to the Native American Issues Coordinator so annual data can be compiled by federal judicial district with the same categories. The Attorney General must give Congress yearly reports that show the FBI and U.S. Attorney data both in total and broken down by Field Division and by federal judicial district, with any needed explanations. Federal officials do not have to share confidential, privileged, or legally protected material with tribal officials. Federal Rule of Criminal Procedure 6 still applies. The Attorney General must make rules to protect confidential information.

Title 25, §2809

Indians — Source: USLM XML via OLRC

(a)(1)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)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)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)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)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)(1)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)Nothing in this section affects or limits the requirements of Rule 6 of the Federal Rules of Criminal Procedure.

(3)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