The statutory proviso is reinforced by the strong language of the Justice Department's United States Attorneys' Manual 9-8.110, which states that each United States Attorney has the authority to make the certification to Federal court. The manual specifies the nature of the investigation to be undertaken prior to proceeding with certification. First, while the state of Montana does not have jurisdiction over Defendant xxxxxxxxx for the assault alleged in this Information, the State of Montana does have jurisdiction over Defendant xxxxxxxxx. Second, reference to the tribal court is improper and, furthermore, the State of Montana does, in fact, have available programs or services adequate for the needs of Defendant xxxxxxxxx. Third, primarily because Defendant xxxxxxxxx is subject to the jurisdiction and supervision of the Youth Court of the State of Montana, there is no substantial Federal interest in this case or the offense to warrant Federal jurisdiction.
Certification is a jurisdictional requirement.
United States v. Because failure to comply with 5032 is a jurisdictional defect, if certification of the defendant is fundamentally inadequate, the case must be dismissed. The certification requirements in 18 U.S.C. 5032 were added to the juvenile delinquency statute in 1974. See , Pub. The certification procedure encompasses the recognition of the general policy of federal abstention in juvenile cases.