Title 25, IndiansRelease 119-110

§5704 Guidelines for Responding to Cases of Missing or Murdered Indians

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

Last updated Sep 22, 2026|Official source

Summary

The Attorney General must tell U.S. attorneys to make regional rules within 60 days after the required consultation finishes. The rules must cover cooperation between Tribal, Federal, State, and local police (including who enforces protection orders and each agency’s job), search best practices on and off Indian land, how to collect, report, analyze, and enter data about missing people and unidentified remains (and how to treat remains in a culturally respectful way), who will enter data if a Tribal agency cannot access databases, ways to improve response and follow-up, and how to ensure victims and families get culturally appropriate services. U.S. attorneys must create these rules with Tribes and partners such as 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. U.S. attorneys must put the rules into office policies no later than 1 year after October 10, 2020. Federal law enforcement agencies must also change their policies to match. Each year after the rules exist, the Attorney General will, when asked, decide if a Tribal, State, or local agency has adopted the rules. Within 30 days after those annual decisions, the Attorney General must publish on the Department of Justice website the names of agencies found compliant and the names of agencies with pending requests, and collect example guidelines as a resource. The Attorney General will use the National Indian Country Training Initiative to train and help Tribes and agencies, including using the National Missing and Unidentified Persons System. Tribes may send their own guidelines, and the Attorney General will post them in one central place on the DOJ website.

Full Legal Text

Title 25, §5704

Indians, Source: USLM XML via OLRC

(a)In general
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)Consultation
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)Compliance
(1)In general
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)Modification
Each Federal law enforcement agency shall modify the guidelines, policies, and protocols of the agency to incorporate the guidelines developed under subsection (a).
(3)Determination
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)Accountability
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)Training and technical assistance
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)Guidelines from Indian Tribes
(1)In general
Indian Tribes may submit their own guidelines to respond to cases of missing or murdered Indians to the Attorney General.
(2)Publication
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 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110