§ 2802. — Indian law enforcement responsibilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2802]
TITLE 25--INDIANS
CHAPTER 30--INDIAN LAW ENFORCEMENT REFORM
Sec. 2802. Indian law enforcement responsibilities
(a) Responsibility of Secretary
The Secretary, acting through the Bureau, shall be responsible for
providing, or for assisting in the provision of, law enforcement
services in Indian country as provided in this chapter.
(b) Division of Law Enforcement Services; establishment and
responsibilities
There is hereby established within the Bureau a Division of Law
Enforcement Services which, under the supervision of the Secretary, or
an individual designated by the Secretary, shall be responsible for--
(1) carrying out the law enforcement functions of the Secretary
in Indian country, and
(2) implementing the provisions of this section.
(c) Additional responsibilities of Division
Subject to the provisions of this chapter and other applicable
Federal or tribal laws, the responsibilities of the Division of Law
Enforcement Services in Indian country shall include--
(1) the enforcement of Federal law and, with the consent of the
Indian tribe, tribal law;
(2) in cooperation with appropriate Federal and tribal law
enforcement agencies, the investigation of offenses against criminal
laws of the United States;
(3) the protection of life and property;
(4) the development of methods and expertise to resolve
conflicts and solve crimes;
(5) the provision of criminal justice remedial actions,
correctional and detention services, and rehabilitation;
(6) the reduction of recidivism and adverse social effects;
(7) the development of preventive and outreach programs which
will enhance the public conception of law enforcement
responsibilities through training and development of needed public
service skills;
(8) the assessment and evaluation of program accomplishments in
reducing crime; and
(9) the development and provision of law enforcement training
and technical assistance.
(d) Branch of Criminal Investigations; establishment, responsibilities,
regulations, personnel, etc.
(1) The Secretary shall establish within the Division of Law
Enforcement Services a separate Branch of Criminal Investigations which,
under such inter-agency agreement as may be reached between the
Secretary and appropriate agencies or officials of the Department of
Justice and subject to such guidelines as may be adopted by relevant
United States attorneys, shall be responsible for the investigation, and
presentation for prosecution, of cases involving violations of sections
1152 and 1153 of title 18 within Indian country.
(2) The Branch of Criminal Investigations shall not be primarily
responsible for the routine law enforcement and police operations of the
Bureau in Indian country.
(3) The Secretary shall prescribe regulations which shall establish
a procedure for active cooperation and consultation of the criminal
investigative employees of the Bureau assigned to an Indian reservation
with the governmental and law enforcement officials of the Indian tribe
located on such reservation.
(4)(i) Criminal investigative personnel of the Branch shall be
subject only to the supervision and direction of law enforcement
personnel of the Branch or of the Division. Such personnel shall not be
subject to the supervision of the Bureau of Indian Affairs Agency
Superintendent or Bureau of Indian Affairs Area Office Director. Nothing
in this paragraph is intended to prohibit cooperation, coordination, or
consultation, as appropriate, with nonlaw enforcement Bureau of Indian
Affairs personnel at the agency or area levels, or prohibit or restrict
the right of a tribe to contract the investigative program under the
authority of Public Law 93-638 [25 U.S.C. 450 et seq.] or to maintain
its own criminal investigative operations.
(ii) At the end of one year following the date of establishment of
the separate Branch of Criminal Investigations, any tribe may, by
resolution of the governing body of the tribe, request the Secretary to
reestablish line authority through the Agency Superintendent or Bureau
of Indian Affairs Area Office Director. In the absence of good cause to
the contrary, the Secretary, upon receipt of such resolution, shall
reestablish the line authority as requested by the tribe.
(e) Division of Law Enforcement Services personnel; standards of
education, experience, etc.; classification of positions
(1) The Secretary shall establish appropriate standards of
education, experience, training, and other relevant qualifications for
law enforcement personnel of the Division of Law Enforcement Services
who are charged with law enforcement responsibilities pursuant to
section 2803 of this title.
(2) The Secretary shall also provide for the classification of such
positions within the Division of Law Enforcement Services at GS grades,
as provided in section 5104 of title 5, consistent with the
responsibilities and duties assigned to such positions and with the
qualifications established for such positions.
(3) In classifying positions in the Division of Law Enforcement
Services under paragraph (2), the Secretary shall ensure that such
positions are classified at GS grades comparable to those for other
Federal law enforcement personnel in other Federal Agencies \1\ in light
of the responsibilities, duties, and qualifications required of such
positions.
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\1\ So in original. Probably should not be capitalized.
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(Pub. L. 101-379, Sec. 3, Aug. 18, 1990, 104 Stat. 473.)
References in Text
Public Law 93-638, referred to in subsec. (d)(4)(i), is Pub. L. 93-
638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-
Determination and Education Assistance Act, which is classified
principally to subchapter II (Sec. 450 et seq.) of chapter 14 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 450 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 2801 of this title.
