C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—LAW AND ORDER › PART 12—INDIAN COUNTRY LAW ENFORCEMENT › Subpart B—Policies and Standards

25 C.F.R. § 12.12

What about self-determination?

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The regulations in this part are not intended to discourage contracting of Indian country law enforcement programs under the Indian Self-determination and Education Assistance Act (Pub. L. 93-638, as amended, 25 U.S.C. 450). The Deputy Commissioner of Indian Affairs will ensure minimum standards are maintained in high risk activities where the Federal government retains liability and the responsibility for settling tort claims arising from contracted law enforcement programs. It is not fair to law abiding citizens of Indian country to have anything less than a professional law enforcement program in their community. Indian country law enforcement programs that receive Federal funding and/or commissioning will be subject to a periodic inspection or evaluation to provide technical assistance, to ensure compliance with minimum Federal standards, and to identify necessary changes or improvements to BIA policies.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2015–2021 · leading case: Sorace Ex Rel. Est. of Sorace v. United States, 788 F.3d 758 (8th Cir. 2015).
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Sorace Ex Rel. Est. of Sorace v. United States, 788 F.3d 758 (8th Cir. 2015). “25 C.F.R. §§ 12.12 , 12.13 and 12.14 provide the standards and potential penalties for the law enforcement programs managed by- the BIA, as set forth in the BIA Manual and the BIA Law Enforcement Handbook.”
United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). · cites it 3× “See 25 C.F.R. § 12.12 . Rather, the regulations reflect concerns about the United States' liability for law enforcement activities: "The Deputy Commissioner of Indian Affairs will ensure minimum standards are maintained in high risk activities where the Federal government…”
Roemen v. United States of Am. (D.S.D. 2021). “Although 25 C.F.R. § 12.12 provides that “Indian country law enforcement programs that receive Federal funding and/or commissioning will be subject to a periodic inspection or evaluation to provide technical assistance, to ensure compliance with minimum Federal standards, and to…”
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