PRIA, Government Policy, Made Personal

Summary

A federally recognized Indian tribe can choose to run the program covered by this law on its land, or it can let another nearby government handle those duties and give that government access and help so it can enforce the rules. A tribe will be treated as if it gave those duties to another government if it is under state law enforcement under section 1162 of title 18, if it does not make a choice within 1 year of July 27, 2006 or cancels its earlier choice to run the program itself, or if the Attorney General finds the tribe has not put the law into practice and is unlikely to be able to soon. If another government already fully carries out a task, the tribe does not have to do the same work. The tribe and that government can sign agreements so the tribe will do certain tasks for that government about sex offenders, or so that government will do certain tribal tasks about sex offenders.

Title 34, §20929

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(a)Election

(1)In general

A federally recognized Indian tribe may, by resolution or other enactment of the tribal council or comparable governmental body—

(A)elect to carry out this part as a jurisdiction subject to its provisions; or

(B)elect to delegate its functions under this part to another jurisdiction or jurisdictions within which the territory of the tribe is located and to provide access to its territory and such other cooperation and assistance as may be needed to enable such other jurisdiction or jurisdictions to carry out and enforce the requirements of this part.

(2)Imputed election in certain cases

A tribe shall be treated as if it had made the election described in paragraph (1)(B) if—

(A)it is a tribe subject to the law enforcement jurisdiction of a State under section 1162 of title 18;

(B)the tribe does not make an election under paragraph (1) within 1 year of July 27, 2006 or rescinds an election under paragraph (1)(A); or

(C)the Attorney General determines that the tribe has not substantially implemented the requirements of this part and is not likely to become capable of doing so within a reasonable amount of time.

(b)Cooperation between tribal authorities and other jurisdictions

(1)Nonduplication

A tribe subject to this part is not required to duplicate functions under this part which are fully carried out by another jurisdiction or jurisdictions within which the territory of the tribe is located.

(2)Cooperative agreements

A tribe may, through cooperative agreements with such a jurisdiction or jurisdictions—

(A)arrange for the tribe to carry out any function of such a jurisdiction under this part with respect to sex offenders subject to the tribe’s jurisdiction; and

(B)arrange for such a jurisdiction to carry out any function of the tribe under this part with respect to sex offenders subject to the tribe’s jurisdiction.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 111–131) of title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 591, which is classified principally to this part. For complete classification of subtitle A to the Code, see Tables. Codification Section was formerly classified to section 16927 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§20929 Election by Indian Tribes

Summary

Title 34, §20929

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata