§ 2801 TITLE 25—INDIANS Page 640

Sec.

(f) Status of person as Federal employee.

2805. Regulations.

2806. Jurisdiction.

(a) Investigative jurisdiction over offenses against criminal laws.

(b) Exercise of investigative authority.

(c) Law enforcement commission or

other delegation of prior authority

not invalidated or diminished.

(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.

2807. Uniform allowance.

2808. Source of funds.

2809. Reports to tribes.

(a) Reports by law enforcement officials

of Bureau or Federal Bureau of Investigation.

(b) Reports by United States attorney.

(c) Case file included within reports.

(d) Transfer or disclosure of confidential

or privileged communication, information or sources to tribal officials.

§ 2801. Definitions

For purposes of this chapter—

(1) The term ‘‘Bureau’’ means the Bureau of

Indian Affairs of the Department of the Interior.

(2) The term ‘‘employee of the Bureau’’ includes an officer of the Bureau.

(3) The term ‘‘enforcement of a law’’ includes the prevention, detection, and investigation of an offense and the detention or

confinement of an offender.

(4) The term ‘‘Indian country’’ has the meaning given that term in section 1151 of title 18.

(5) The term ‘‘Indian tribe’’ has the meaning

given that term in section 1301 of this title.

(6) The term ‘‘offense’’ means an offense

against the United States and includes a violation of a Federal regulation relating to part or

all of Indian country.

(7) The term ‘‘Secretary’’ means the Secretary of the Interior.

(8) The term ‘‘Division of Law Enforcement

Services’’ means the entity established within

the Bureau under section 2802(b) of this title.

(9) The term ‘‘Branch of Criminal Investigations’’ means the entity the Secretary is required to establish within the Division of Law

Enforcement Services under section 2802(d)(1)

of this title.

(Pub. L. 101–379, §2, Aug. 18, 1990, 104 Stat. 473.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original

‘‘this Act’’, meaning Pub. L. 101–379, Aug. 18, 1990, 104

Stat. 473, which is classified generally to this chapter.

For complete classification of this Act to the Code, see

Short Title note set out below and Tables.

SHORT TITLE

Section 1 of Pub. L. 101–379 provided that: ‘‘This Act

[enacting this chapter and provisions set out as a note

under section 2991a of Title 42, The Public Health and

Welfare] may be cited as the ‘Indian Law Enforcement

Reform Act’.’’

§ 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