25 U.S.C. § 2801 (INDIANS)
§ 2801. Definitions
For purposes of this chapter—
(1) The term “Branch of Criminal Investigations” means the entity the Secretary is required to establish within the Office of Justice Services under section 2802(d)(1) of this title.
(2) The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.
(3) The term “employee of the Bureau” includes an officer of the Bureau.
(4) The term “enforcement of a law” includes the prevention, detection, and investigation of an offense and the detention or confinement of an offender.
(5) The term “Indian country” has the meaning given that term in section 1151 of title 18.
(6) The term “Indian tribe” has the meaning given that term in section 1301 of this title.
(7) 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.
(8) The term “Secretary” means the Secretary of the Interior.
(10) 1 The term “tribal justice official” means—
(A) a tribal prosecutor;
(B) a tribal law enforcement officer; or
(C) any other person responsible for investigating or prosecuting an alleged criminal offense in tribal court.
(Pub. L. 101–379, § 2, Aug. 18, 1990, 104 Stat. 473; Pub. L. 111–211, title II, §§ 203(b), 211(a), July 29, 2010, 124 Stat. 2263, 2264.)
heading: Amendments
text: 2010—Pub. L. 111–211, § 211(a), redesignated and reordered pars. (9) and (1) to (7) as (1) to (8), respectively, substituted “Office of Justice Services” for “Division of Law Enforcement Services” in par. (1), and struck out former par. (8) which read as follows: “The term ‘Division of Law Enforcement Services’ means the entity established within the Bureau under section 2802(b) of this title.”
Par. (10). Pub. L. 111–211, § 203(b), added par. (10).
heading: Short Title of 2020 Amendment
text: Pub. L. 116–166, § 1, Oct. 10, 2020, 134 Stat. 766, provided that: “This Act [enacting provisions set out as a note under section 2802 of this title] may be cited as the ‘Not Invisible Act of 2019’.”
heading: Short Title of 2010 Amendment
text: Pub. L. 111–211, title II, § 201(a), July 29, 2010, 124 Stat. 2261, provided that: “This title [enacting part G (§ 458ccc et seq.) of subchapter II of chapter 14 of this title and sections 2810 to 2815, 3665a, and 3682 of this title, redesignating part F (§ 458bbb et seq.) of subchapter II of chapter 14 of this title as part H (§ 458ddd et seq.), amending this section and sections 458ddd–1, 458ddd–2, 1302, 1321, 2411 to 2413, 2414a, 2415, 2431 to 2433, 2441, 2442, 2451, 2453, 2802 to 2804, 2809, 3613, 3621, 3653, 3662, 3663, 3666, and 3681 of this title, sections 841, 845, 1162, 4042, and 4352 of Title 18, Crimes and Criminal Procedure, sections 872, 872a, 873, and 878 of Title 21, Food and Drugs, sections 534 and 543 of Title 28, Judiciary and Judicial Procedure, and sections 2996f, 3732, 3796h, 3796dd, 5616, 5783, and 13709 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and section 1302 of this title, section 872 of Title 21, section 534 of Title 28, and sections 3732, 3796h, 3796dd, and 14044 of Title 42, amending provisions set out as a note under section 534 of Title 28, and repealing provisions set out as a note under section 3651 of this title] may be cited as the ‘Tribal Law and Order Act of 2010’.”
heading: Short Title
text: Pub. L. 101–379, § 1, Aug. 18, 1990, 104 Stat. 473, 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’.”
heading: Severability
text: Pub. L. 111–211, title II, § 204, July 29, 2010, 124 Stat. 2263, provided that: “If any provision of this title [see Short Title of 2010 Amendment note above], an amendment made by this title, or the application of such a provision or amendment to any individual, entity, or circumstance, is determined by a court of competent jurisdiction to be invalid, the remaining provisions of this title, the remaining amendments made by this title, and the application of those provisions and amendments to individuals, entities, or circumstances other than the affected individual, entity, or circumstance shall not be affected.”
heading: Findings; Purposes
text: Pub. L. 111–211, title II, § 202, July 29, 2010, 124 Stat. 2262, provided that:
“(a) Findings.—
Congress finds that—
“(1) the United States has distinct legal, treaty, and trust obligations to provide for the public safety of Indian country;
“(2) Congress and the President have acknowledged that—
“(A) tribal law enforcement officers are often the first responders to crimes on Indian reservations; and
“(B) tribal justice systems are often the most appropriate institutions for maintaining law and order in Indian country;
“(3) less than 3,000 tribal and Federal law enforcement officers patrol more than 56,000,000 acres of Indian country, which reflects less than ½ of the law enforcement presence in comparable rural communities nationwide;
“(4) the complicated jurisdictional scheme that exists in Indian country—
“(A) has a significant negative impact on the ability to provide public safety to Indian communities;
“(B) has been increasingly exploited by criminals; and
“(C) requires a high degree of commitment and cooperation among tribal, Federal, and State law enforcement officials;
“(5)
(A) domestic and sexual violence against American Indian and Alaska Native women has reached epidemic proportions;
“(B) 34 percent of American Indian and Alaska Native women will be raped in their lifetimes; and
“(C) 39 percent of American Indian and Alaska Native women will be subject to domestic violence;
“(6) Indian tribes have faced significant increases in instances of domestic violence, burglary, assault, and child abuse as a direct result of increased methamphetamine use on Indian reservations; and
“(7) crime data is a fundamental tool of law enforcement, but for decades the Bureau of Indian Affairs and the Department of Justice have not been able to coordinate or consistently report crime and prosecution rates in tribal communities.
“(b) Purposes.—
The purposes of this title [see Short Title of 2010 Amendment note above] are—
“(1) to clarify the responsibilities of Federal, State, tribal, and local governments with respect to crimes committed in Indian country;
“(2) to increase coordination and communication among Federal, State, tribal, and local law enforcement agencies;
“(3) to empower tribal governments with the authority, resources, and information necessary to safely and effectively provide public safety in Indian country;
“(4) to reduce the prevalence of violent crime in Indian country and to combat sexual and domestic violence against American Indian and Alaska Native women;
“(5) to prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian country; and
“(6) to increase and standardize the collection of criminal data and the sharing of criminal history information among Federal, State, and tribal officials responsible for responding to and investigating crimes in Indian country.”
heading: Jurisdiction of the State of Alaska
text: Pub. L. 111–211, title II, § 205, July 29, 2010, 124 Stat. 2264, provided that: “Nothing in this Act [see Tables for classification] limits, alters, expands, or diminishes the civil or criminal jurisdiction of the State of Alaska, any subdivision of the State of Alaska, or any Indian tribe in that State.”
heading: Criminal Jurisdiction Over Non-Indians
text: Pub. L. 111–211, title II, § 206, July 29, 2010, 124 Stat. 2264, provided that: “Nothing in this Act [see Tables for classification] confers on an Indian tribe criminal jurisdiction over non-Indians.”
heading: Definitions
text: Pub. L. 111–211, title II, § 203(a), July 29, 2010, 124 Stat. 2263, provided that:
“In this title [see Short Title of 2010 Amendment note above]:
“(1) Indian country.—
The term ‘Indian country’ has the meaning given the term in section 1151 of title 18, United States Code.
“(2) Indian tribe.—
The term ‘Indian tribe’ has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) [now 25 U.S.C. 5130].
“(3) Secretary.—
The term ‘Secretary’ means the Secretary of the Interior.
“(4) Tribal government.—
The term ‘tribal government’ means the governing body of a federally recognized Indian tribe.”
heading: Ex. Ord. No. 13898. Establishing the Task Force on Missing and Murdered American Indians and Alaska Natives
text: Ex. Ord. No. 13898, Nov. 26, 2019, 84 F.R. 66059, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the operation of the criminal justice system and address the legitimate concerns of American Indian and Alaska Native communities regarding missing and murdered people—particularly missing and murdered indigenous women and girls—it is hereby ordered as follows:
Section 1. Purpose. My Administration has heard the ongoing and serious concerns of tribal governments regarding missing and murdered members of American Indian and Alaska Native communities, particularly women and girls. To address the severity of those concerns, top officials within the Federal Government will coordinate and engage with the tribal governments.
Sec. 2. Establishment. (a) There is hereby established the Task Force on Missing and Murdered American Indians and Alaska Natives (Task Force), co-chaired by the Attorney General and the Secretary of the Interior (Secretary) or their designees.
(b) The Department of Justice shall provide funding and administrative support as may be necessary for the performance and functions of the Task Force. The Attorney General, in consultation with the Secretary, shall designate an official of the Department of Justice to serve as the Executive Director of the Task Force, responsible for coordinating its day-to-day functions. As necessary and appropriate, the Co-Chairs may afford the other members of the Task Force an opportunity to provide input into the decision of whom to designate as the Executive Director.
Sec. 3. Membership. (a) In addition to the Co-Chairs, the Task Force shall be composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government and shall include the following members:
(i) the Director of the Federal Bureau of Investigation;
(ii) the Assistant Secretary for Indian Affairs, Department of the Interior;
(iii) the Director of the Office on Violence Against Women, Department of Justice;
(iv) the Director of the Office of Justice Services, Bureau of Indian Affairs, Department of the Interior;
(v) the Chair of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee;
(vi) the Commissioner of the Administration for Native Americans, Department of Health and Human Services; and
(vii) such representatives of other executive departments, agencies, and offices as the Co-Chairs may, from time to time, designate.
(b) In performing the functions set forth in sections 4 and 5 of this order, the Co-Chairs and members may designate representatives of their respective departments, agencies, offices, or entities under their direction to participate in the Task Force as necessary, and the Co-Chairs may also direct coordination with other Presidential task forces. In carrying out its functions, the Task Force shall coordinate with appropriate White House officials, including the Senior Counselor to the President, the Assistant to the President for Domestic Policy, and the Deputy Assistant to the President and Director of Intergovernmental Affairs.
Sec. 4. Mission and Functions. (a) The Task Force shall:
(i) conduct appropriate consultations with tribal governments on the scope and nature of the issues regarding missing and murdered American Indians and Alaska Natives;
(ii) develop model protocols and procedures to apply to new and unsolved cases of missing or murdered persons in American Indian and Alaska Native communities, including best practices for:
(A) improving the way law enforcement investigators and prosecutors respond to the high volume of such cases, and to the investigative challenges that might be presented in cases involving female victims;
(B) collecting and sharing data among various jurisdictions and law enforcement agencies; and
(C) better use of existing criminal databases, such as the National Missing and Unidentified Persons System (NamUs), the National Crime Information Center (NCIC), and the Combined DNA Index System (CODIS) including the National DNA Index System (NDIS);
(iii) establish a multi-disciplinary, multi-jurisdictional team including representatives from tribal law enforcement and the Departments of Justice and the Interior to review cold cases involving missing and murdered American Indians and Alaska Natives;
(iv) address the need for greater clarity concerning roles, authorities, and jurisdiction throughout the lifecycle of cases involving missing and murdered American Indians and Alaska Natives by:
(A) developing and publishing best-practices guidance for use by Federal, State, local, and tribal law enforcement in cases involving missing and murdered American Indians and Alaska Natives, to include best practices related to communication with affected families from initiation of an investigation through case resolution or closure;
(B) facilitating formal agreements or arrangements among Federal, State, local, and tribal law enforcement to promote maximally cooperative, trauma-informed responses to cases involving missing and murdered American Indians and Alaska Natives;
(C) developing and executing an education and outreach campaign for communities that are most affected by crime against American Indians and Alaska Natives to identify and reduce such crime; and
(D) developing, in partnership with NamUs, a public-awareness campaign to educate both rural and urban communities about the needs of affected families and resources that are both needed and available.
Sec. 5. Reporting. (a) No later than 1 year after the date of this order [Nov. 26, 2019], the Task Force shall develop and submit to the President, through the Assistant to the President for Domestic Policy, a written report regarding the activities and accomplishments of the Task Force, the status of projects the Task Force has not yet completed, and specific recommendations for future action of the Task Force.
(b) No later than 2 years after the date of this order, the Task Force shall develop and submit to the President, through the Assistant to the President for Domestic Policy, a final written report regarding the activities and accomplishments of the Task Force.
Sec. 6. Termination. The Task Force shall terminate 2 years after the date of this order [Nov. 26, 2019], unless otherwise directed by the President.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.