§ 2804. — Assistance by other agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2804]
TITLE 25--INDIANS
CHAPTER 30--INDIAN LAW ENFORCEMENT REFORM
Sec. 2804. Assistance by other agencies
(a) Agreement for use of personnel or facilities of Federal, tribal,
State, or other government agency
The Secretary may enter into an agreement for the use (with or
without reimbursement) of the personnel or facilities of a Federal,
tribal, State, or other government agency to aid in the enforcement or
carrying out in Indian country of a law of either the United States or
an Indian tribe that has authorized the Secretary to enforce tribal
laws. The Secretary may authorize a law enforcement officer of such an
agency to perform any activity the Secretary may authorize under section
2803 of this title.
(b) Agreement to be in accord with agreements between Secretary and
Attorney General
Any agreement entered into under this section relating to the
enforcement of the criminal laws of the United States shall be in accord
with any agreement between the Secretary and the Attorney General of the
United States.
(c) Limitations on use of personnel of non-Federal agency
The Secretary may not use the personnel of a non-Federal agency
under this section in an area of Indian country if the Indian tribe
having jurisdiction over such area of Indian country has adopted a
resolution objecting to the use of the personnel of such agency. The
Secretary shall consult with Indian tribes before entering into any
agreement under subsection (a) of this section with a non-Federal agency
that will provide personnel for use in any area under the jurisdiction
of such Indian tribes.
(d) Authority of Federal agency head to enter into agreement with
Secretary
Notwithstanding the provisions of section 1535 of title 31, the head
of a Federal agency with law enforcement personnel or facilities may
enter into an agreement (with or without reimbursement) with the
Secretary under subsection (a) of this section.
(e) Authority of Federal agency head to enter into agreement with Indian
tribe
The head of a Federal agency with law enforcement personnel or
facilities may enter into an agreement (with or without reimbursement)
with an Indian tribe relating to--
(1) the law enforcement authority of the Indian tribe, or
(2) the carrying out of a law of either the United States or the
Indian tribe.
(f) Status of person as Federal employee
While acting under authority granted by the Secretary under
subsection (a) of this section, a person who is not otherwise a Federal
employee shall be considered to be--
(1) an employee of the Department of the Interior only for
purposes of--
(A) the provisions of law described in section 3374(c)(2) of
title 5, and
(B) sections 111 and 1114 of title 18, and
(2) an eligible officer under subchapter III of chapter 81 of
title 5.
(Pub. L. 101-379, Sec. 5, Aug. 18, 1990, 104 Stat. 476.)
