676. MOU re Indian Law Enforcement Reform Act | JM | Department o... file:///C:/Users/novotnymy/Documents/MOA-MOUs/Non-LE/JURISD...

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676. MOU RE INDIAN LAW ENFORCEMENT REFORM ACT

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

UNITED STATES DEPARTMENT OF INTERIOR

BUREAU OF INDIAN AFFAIRS

AND THE

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

I. PURPOSE

This Memorandum of Understanding (MOU) is made by and between the United States Department of

Interior (DOI) and the Department of Justice (DOJ) pursuant to the Indian Law Enforcement Reform Act

(Act), 25 U.S.C. 2801 et seq. The purpose of this MOU is to establish guidelines regarding the respective

jurisdictions of the Bureau of Indian Affairs (BIA) and the Federal Bureau of Investigation (FBI) in certain

investigative matters, and to provide for the effective and efficient administration of criminal investigative

service in Indian country.

II. BUREAU OF INDIAN AFFAIRS JURISDICTION

The Act establishes a Branch of Criminal Investigations within the Division of Law Enforcement (DLE) of the

BIA, which shall be responsible for providing, or for assisting in the provision of, law enforcement services in

Indian country. The responsibilities of the DLE shall include, inter alia, the enforcement of federal law and,

with the consent of the Indian tribe, Tribal law; and in cooperation with appropriate federal and Tribal law

enforcement agencies, the investigation and presentation for prosecution of cases involving violations of 18

U.S.C. 1152 and 1153 within Indian country(and other federal offenses for which the parties have

jurisdiction). In addition, the Act authorizes the Secretary of the Interior to develop interagency agreements

with the Attorney General and provides for the promulgation of prosecutorial jurisdictional guidelines by

United States Attorneys (USA).

III. FEDERAL BUREAU OF INVESTIGATION JURISDICTION

The FBI derives its investigative jurisdiction in Indian country from 28 U.S.C. 533, pursuant to which the FBI

was given investigative responsibility by the Attorney General. Except as provided in 18 U.S.C. 1162 (a) and

(c), the jurisdiction of the FBI includes, but is not limited to, certain major crimes committed by Indians

against the persons or property of Indians and non-Indians, all offenses committed by Indians against the

persons or property of non-Indians and all offenses committed by non-Indians against the persons of

property of Indians. See 18 U.S.C. 1152 and 1153.

IV. GENERAL PROVISIONS

1. Each USA whose criminal jurisdiction includes Indian country shall develop local written guidelines

outlining responsibilities of the BIA, the FBI, and the Tribal Criminal Investigators, if applicable. Local

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676. MOU re Indian Law Enforcement Reform Act | JM | Department o... file:///C:/Users/novotnymy/Documents/MOA-MOUs/Non-LE/JURISD...

USA guidelines shall cover 18 U.S.C. 1152 and 1153 offenses and other federal offenses within the

investigative jurisdiction of the parties to this MOU.

2. Any other agreements that the DOI, DOJ, and Indian Tribes may enter into with or without

reimbursement of personnel or facilities of another federal, Tribal, state, or other government agency

to aid in the enforcement of criminal laws of the United States shall be in accord with this MOU and

applicable federal laws and regulations.

3. The Secretary will ensure that law enforcement personnel of the BIA receive adequate training, with

particular attention to report writing, interviewing techniques and witnesses statements, search and

seizure techniques and preservation of evidence and the crime scene. Successful completion of the

basic Criminal Investigator course provided by the Department of the Treasury at the Federal Law

Enforcement Training Center or its equivalent shall constitute the minimum standard of acceptable

training. The BIA may consult with the FBI and other training sources with respect to such additional

specialized training as may be desirable. United States Attorneys may also require, and participate in,

training at the field level.

4. Any contracts awarded under the Indian Self-Determination Act to perform the function of the BIA,

Branch of Criminal Investigators, must comply with all standards applicable to the Branch of Criminal

Investigators, including the following:

a. Local USA guidelines must be followed.

b. Criminal Investigators must be certified Peace Officers and must have satisfactorily completed

the basic Criminal Investigator course provided by the Department of Treasury at the Federal

Law Enforcement Training Center, or an equivalent course approved by the Commissioner of

Indian Affairs. Criminal Investigators will receive a minimum of 40 hours in-service training

annually to keep abreast of developments in the field of criminal investigations.

c. Compensation for Criminal Investigators must be comparable to that of BIA Criminal

Investigators.

d. Criminal Investigators must be United States citizens.

e. Criminal Investigators must possess a high school diploma or its equivalent.

f. No Criminal Investigator shall have been convicted of a felony offense or crime involving moral

turpitude.

g. Criminal Investigators must have documentation of semi-annual weapons qualifications.

h. Criminal Investigators must be free from physical, emotional, or mental conditions which might

adversely affect their performance as law enforcement officers.

i. Criminal Investigators must be certified by Tribal officials as having passed a comprehensive

background investigation, including unannounced drug testing. Such examinations must be

documented and available for inspection by the BIA.

j. Appropriate procedures shall be devised to provide adequate supervision of Criminal

Investigators by qualified supervisory personnel to ensure that investigative tasks are properly

completed.

k. When a tribe is awarded a contract under the Indian Self-Determination Act, 25 U.S.C. 450 (a),

there must be a "phase-in" period of not less than 180 days so as to ensure an orderly

transition from one law enforcement agency to another. When a Tribe retrocedes its contract

for the Criminal Investigator function, there must be a one-year time period from the date of

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request for retrocession, or a date mutually agreed upon by the BIA and the Tribe, for the BIA

to prepare for reassuming the Criminal Investigation responsibility. All case files, evidence, and

related material and documents associated with active and closed investigations must be

turned over to the receiving criminal investigative agency, whether it be the BIA or a Tribe.

l. Appropriate procedures shall be established with respect to the storage, transportation and

destruction of, and access to, case files, evidence, and related documents and other material,

with particular attention directed to the confidentiality requirements of 18 U.S.C. 3509(d) and

Rule 6(e) of the Federal Rules of Criminal Procedure. Criminal Investigators shall follow these

procedures at all times. Access to such material will be for official use only.

m. Before any Tribe contracts for the Criminal Investigator function, the BIA and the Tribe must

ensure that there is sufficient funding to cover the costs of a Criminal Investigator program

including salary, equipment, travel, training, and other related expenses arising during both the

investigation stage and the litigation stage of any case or matter covered by the contract.

n. Tribal contractors must agree, and the BIA shall ensure, that there is an audit and evaluation of

the overall contracted Criminal Investigator program at least every two years. Continuation of

the contract shall be contingent upon successful completion of each audit and evaluation.

o. Criminal Investigators are prohibited from striking, walking off the job, feigning illness, or

otherwise taking any job action that would adversely affect their responsibility and obligation to

provide law enforcement services in their capacity as Criminal Investigators.

5. Any individual who is a holder of a BIA Deputy Special Officer Commission and performing duties as a

Criminal Investigator must comply with the standards applicable to Criminal Investigators set forth in

the preceding paragraph.

6. When either the FBI or the BIA receives information indicating a violation of law falling within the

investigative jurisdiction of the other agency, the agency receiving the information will notify the other

agency. If either the FBI or the BIA declines to investigate a matter within the jurisdiction of both

agencies, the other agency will be notified. The FBI and the BIA will attempt to resolve jurisdictional

disputes at the field level. In the event the dispute cannot be resolved, it will be reviewed by each

agency's respective headquarters for resolution.

7. With respect to the use of sensitive investigative techniques, such as the nonconsensual interception

of wire, oral or electronic communications and undercover operations involving any sensitive

circumstance (as defined in the Attorney General's Guidelines for FBI Undercover Operations), and

the investigation of organized crime matters, the FBI shall be the agency primarily responsible.

Undercover operations involving sensitive circumstances shall be conducted in accordance with the

Attorney General's Guidelines for FBI Undercover Operations. This paragraph is not intended to

prohibit the BIA from conducting consensual eavesdropping or undercover operations not involving a

sensitive circumstance or utilizing other nonsensitive investigative techniques after proper training and

when authorized by the appropriate United States Attorney.

8. Nothing in this MOU is intended to change any existing cooperative relationships and responsibilities

between the BIA and the FBI, and nothing in this MOU shall invalidate or diminish any law

enforcement authority or responsibility of either agency.

9. Consistent with the availability of resources, the FBI will offer specialized training to the BIA.

10. Consistent with limitations regarding confidentiality, the requirements of the Privacy Act and any other

applicable laws, and respective policies and procedures, the BIA and the FBI will cooperate on

investigative matters of mutual interest, exchange intelligence, and investigative reports, as

appropriate.

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11. To the extent possible and in consideration of limited resources, the FBI will continue to assist the BIA

in its investigative matters by providing investigative support services through the Identification

Division, Training Division, Criminal Investigative Division and Laboratory Division.

This document constitutes the full and complete agreement between the BIA and the FBI. Modifications to

this MOU will have no force and effect unless and until such modifications are reduced to writing and signed

by an authorized representative of the parties thereto. This MOU will, at regular intervals, be subjected to a

thorough review to determine if changes are appropriate.

The provisions set forth in this MOU are solely for the purpose of internal guidance of components of the

Department of the Interior and the Department of Justice. This MOU does not, is not intended to, shall not be

construed to, and may not be relied upon to, create any substantive or procedural rights enforceable at law

by any party in any matter, civil, or criminal. This MOU does not, is not intended to, and shall not be

construed to, exclude, supplant or limit otherwise lawful activities of the Department of Interior or the

Department of Justice.

By subscription of their signatures below, the parties acknowledge that they have read, understand, and will

abide by the foregoing statements.

Bruce Babbitt

Secretary

United States Department of Interior

September 3, 1993

Janet Reno

Attorney General

United States Department of Justice

November 22, 1993

[cited in JM 9-20.100; JM 9-20.220]

‹ 675. Investigative Jurisdiction up 677. Indian Country Defined ›

Updated January 22, 2020

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