NOT APPLY TO ACTS INVOLVING INDIANS IN INDIAN COUNTRY. ARSON IS ONE OF THE ENUMERATED CRIMES IN THE MAJOR CRIMES ACT, 18 U.S.C.A. 81,1153, AND WOULD THUS FALL UNDER THE JURISDICTION OF THE UNITED STATES. THUS, A FEDERAL CROSS-DEPUTIZATION AGREEMENT WOULD GIVE THE AGENT THE NEEDED AUTHORITY TO INVESTIGATE AN ARSON INVOLVING INDIANS IN INDIAN COUNTRY.
THE STATE FIRE MARSHAL, EVEN WITHOUT ANY CROSS-DEPUTIZATION AGREEMENT, DOES HAVE THE JURISDICTION ON INDIAN COUNTRY TO INVESTIGATE CRIMES INVOLVING NON-INDIANS. HOWEVER, IF AN INDIAN IS THE PERPETRATOR OF A CRIME, OR IF AN INDIAN OR INDIAN PROPERTY IS THE VICTIM OF THE CRIME, THEN THE STATE DOES NOT HAVE JURISDICTION. THEREFORE, A CROSS-DEPUTIZATION AGREEMENT WOULD BE NECESSARY IN ORDER FOR THE MARSHAL TO HAVE THE AUTHORITY TO INVESTIGATE.
I HOPE THAT THIS INFORMATION, AND THE COPY OF ATTY.GEN.OP. NO. 90-032, IS HELPFUL. IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE DO NOT HESITATE TO GIVE ME A CALL.
(A. DIANE HAMMONS)