Page 641 TITLE 25—INDIANS § 2804

1So in original. Probably should not be capitalized.

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.

(Pub. L. 101–379, §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 (§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.

§ 2803. Law enforcement authority

The Secretary may charge employees of the

Bureau with law enforcement responsibilities

and may authorize those employees to—

(1) carry firearms;

(2) execute or serve warrants, summonses, or

other orders relating to a crime committed in

Indian country and issued under the laws of—

(A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary), or

(B) an Indian tribe if authorized by the Indian tribe;

(3) make an arrest without a warrant for an

offense committed in Indian country if—

(A) the offense is committed in the presence of the employee, or

(B) the offense is a felony and the employee has reasonable grounds to believe

that the person to be arrested has committed, or is committing, the felony;

(4) offer and pay a reward for services or information, or purchase evidence, assisting in

the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the

United States;

(5) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter

relevant to the enforcement or carrying out in

Indian country of a law of either the United

States or an Indian tribe that has authorized

the employee to enforce or carry out tribal

laws;

(6) wear a prescribed uniform and badge or

carry prescribed credentials;

(7) perform any other law enforcement related duty; and

(8) when requested, assist (with or without

reimbursement) any Federal, tribal, State, or

local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.

(Pub. L. 101–379, §4, Aug. 18, 1990, 104 Stat. 475.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2802, 2804, 2807

of this title.

§ 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.