25 U.S.C. § 2802 : US Code - Section 2802: Indian law enforcement responsibilities

Search 25 U.S.C. § 2802 : US Code - Section 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 and direction of law enforcement
personnel of the Branch or of the Division. Such personnel shall
not be subject to the supervision of the Bureau of Indian Affairs
Agency Superintendent or Bureau of Indian Affairs Area Office
Director. Nothing in this paragraph is intended to prohibit
cooperation, coordination, or consultation, as appropriate, with
nonlaw enforcement Bureau of Indian Affairs personnel at the agency
or area levels, or prohibit or restrict the right of a tribe to
contract the investigative program under the authority of Public
Law 93-638 [25 U.S.C. 450 et seq.] or to maintain its own criminal
investigative operations.
(ii) At the end of one year following the date of establishment
of the separate Branch of Criminal Investigations, any tribe may,
by resolution of the governing body of the tribe, request the
Secretary to reestablish line authority through the Agency
Superintendent or Bureau of Indian Affairs Area Office Director. In
the absence of good cause to the contrary, the Secretary, upon
receipt of such resolution, shall reestablish the line authority as
requested by the tribe.
(e) Division of Law Enforcement Services personnel; standards of
education, experience, etc.; classification of positions
(1) The Secretary shall establish appropriate standards of
education, experience, training, and other relevant qualifications
for law enforcement personnel of the Division of Law Enforcement
Services who are charged with law enforcement responsibilities
pursuant to section 2803 of this title.
(2) The Secretary shall also provide for the classification of
such positions within the Division of Law Enforcement Services at
GS grades, as provided in section 5104 of title 5, consistent with
the responsibilities and duties assigned to such positions and with
the qualifications established for such positions.
(3) In classifying positions in the Division of Law Enforcement
Services under paragraph (2), the Secretary shall ensure that such
positions are classified at GS grades comparable to those for other
Federal law enforcement personnel in other Federal Agencies (!1) in
light of the responsibilities, duties, and qualifications required
of such positions.