§ 2805 TITLE 25—INDIANS Page 642

(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, §5, Aug. 18, 1990, 104 Stat. 476.)

§ 2805. Regulations

After consultation with the Attorney General

of the United States, the Secretary may prescribe under this chapter regulations relating to

the enforcement of criminal laws of the United

States and regulations relating to the consideration of applications for contracts awarded

under the Indian Self-Determination Act [25

U.S.C. 450f et seq.] to perform the functions of

the Branch of Criminal Investigations.

(Pub. L. 101–379, §6, Aug. 18, 1990, 104 Stat. 476.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat.

2206, as amended, which is classified principally to part

A (§450f et seq.) of subchapter II 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.

§ 2806. Jurisdiction

(a) Investigative jurisdiction over offenses

against criminal laws

The Secretary shall have investigative jurisdiction over offenses against criminal laws of

the United States in Indian country subject to

an agreement between the Secretary and the Attorney General of the United States.

(b) Exercise of investigative authority

In exercising the investigative authority conferred by this section, the employees of the Bureau shall cooperate with the law enforcement

agency having primary investigative jurisdiction over the offense committed.

(c) Law enforcement commission or other delegation of prior authority not invalidated or

diminished

This chapter does not invalidate or diminish

any law enforcement commission or other delegation of authority issued under the authority

of the Secretary before August 18, 1990.

(d) Authorities in addition to prior authority;

civil or criminal jurisdiction, law enforcement, investigative, or judicial authority, of

United States, Indian tribes, States, etc., unaffected

The authority provided by this chapter is in

addition to, and not in derogation of, any authority that existed before August 18, 1990. The

provisions of this chapter alter neither the civil

or criminal jurisdiction of the United States, Indian tribes, States, or other political subdivisions or agencies, nor the law enforcement, investigative, or judicial authority of any Indian

tribe, State, or political subdivision or agency

thereof, or of any department, agency, court, or

official of the United States other than the Secretary.

(Pub. L. 101–379, §7, Aug. 18, 1990, 104 Stat. 476.)

§ 2807. Uniform allowance

Notwithstanding the limitation in section

5901(a) of title 5, the Secretary may provide a

uniform allowance for uniformed law enforcement officers under section 2803 of this title of

not more than $400 a year.

(Pub. L. 101–379, §8, Aug. 18, 1990, 104 Stat. 477.)

§ 2808. Source of funds

Any expenses incurred by the Secretary under

this chapter shall be paid from funds appropriated under section 13 of this title.

(Pub. L. 101–379, §9, Aug. 18, 1990, 104 Stat. 477.)

§ 2809. Reports to tribes

(a) Reports by law enforcement officials of Bureau or Federal Bureau of Investigation

In any case in which law enforcement officials

of the Bureau or the Federal Bureau of Investigation decline to initiate an investigation of a

reported violation of Federal law in Indian country, or terminate such an investigation without

referral for prosecution, such officials are authorized to submit a report to the appropriate

governmental and law enforcement officials of