U.S. Code » Title 25 » Chapter CHAPTER 30— INDIAN LAW ENFORCEMENT REFORM

25 U.S.C. § 2803

Law enforcement authority

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The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to—(1) carry firearms;(2) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—(A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or(B) an Indian tribe if authorized by the Indian tribe;(3) make an arrest without a warrant for an offense committed in Indian country if—(A) the offense is committed in the presence of the employee,11 So in original. The comma probably should be a semicolon.(B) the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;(C) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or(D)(i) the offense involves—(I) a misdemeanor controlled substance offense in violation of—(aa) the Controlled Substances Act (21 U.S.C. 801 et seq.);(bb) title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); 22 See References in Text note below. or(cc)section 865 of title 21;(II) a misdemeanor firearms offense in violation of chapter 44 of title 18;(III) a misdemeanor assault in violation of chapter 7 of title 18; or(IV) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and(ii) the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime;(4) offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States;(5) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws;(6) wear a prescribed uniform and badge or carry prescribed credentials;(7) perform any other law enforcement related duty; and(8) when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.(Pub. L. 101–379, § 4, Aug. 18, 1990, 104 Stat. 475; Pub. L. 109–162, title IX, § 908(b), Jan. 5, 2006, 119 Stat. 3083; Pub. L. 111–211, title II, § 211(c), July 29, 2010, 124 Stat. 2266.)Editorial NotesReferences in Text

The Controlled Substances Act, referred to in par. (3)(D)(i)(I)(aa), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in par. (3)(D)(i)(I)(bb), is Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IX of the Act enacted section 862b of Title 21, Food and Drugs, section 12392 of Title 34, Crime Control and Law Enforcement, and sections 608a and 710 of Title 42, The Public Health and Welfare, amended section 1693b of Title 15, Commerce and Trade, section 32 of Title 26, Internal Revenue Code, and sections 1396a, 1396g, 1397a, 1397b, 1437d, 1437f, and 1437z of Title 42, and enacted provisions set out as notes under section 32 of Title 26 and sections 601, 710, and 1396a of Title 42. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 1305 of Title 42 and Tables.

Amendments

2010—Par. (2)(A). Pub. L. 111–211, § 211(c)(1), substituted “or offenses processed by the Central Violations Bureau); or” for “), or”.

Par. (3)(B), (C). Pub. L. 111–211, § 211(c)(2)(B), substituted “probable cause” for “reasonable grounds”.

Par. (3)(D). Pub. L. 111–211, § 211(c)(2)(A), (C), (D), added subpar. (D).

2006—Par. (3)(C). Pub. L. 109–162 added subpar. (C).

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1993–2025 · leading case: Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
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Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “§ 878 (a)(3) (same, for Drug Enforcement Administration agents); 25 U. S. C. § 2803 (3)(A) (same, for Bureau of Indian Affairs officers).”
United States v. Hayes, 555 U.S. 415 (2009). · cites it 2× “A related statutory provision, 25 U. S. C. §2803 (3)(C), indicates that Congress did not ascribe substantive significance to the placement of line breaks and semicolons in 18 U.”
Allender v. Scott, 379 F. Supp. 2d 1206 (D.N.M. 2005). · cites it 4× “” 25 U.S.C. § 2803 (8) (2000). ILERA Permits Assistance with Enforcement of State Law When Requested The USA argues ILERA limits the Secretary to enforcing federal and tribal law only.”
United States v. Cooley, 593 U.S. 345 (2021). “See Brief for Respondent 28–30; see gen- erally 25 U. S. C. §§2803 (5), (7) (Secretary of the Interior may authorize tribal officers to “make inquiries of any per- son” related to the “carrying out in Indian country” of fed- eral law and to “perform any other law enforcement…”
Curtiss Wilson v. Horton's Towing, 906 F.3d 773 (9th Cir. 2018). “25 U.S.C. § 2803 (2)(B). These law enforcement duties may be reassigned, as here, to tribal employees pursuant to 638 contracts.”
United States v. Michael P. Roy, 408 F.3d 484 (8th Cir. 2005). “1993); 25 U.S.C. § 2803 . In addition to utilizing Bureau employees, “[t]he- Secretary may enter into an agreement for the use.”
Smith Ex Rel. Fitzsimmons v. United States, 496 F. Supp. 2d 1035 (D.N.D. 2007). · cites it 3× “The Plaintiff contends that whether the BIA should enforce the law is not a decision that involves an element of choice and asserts that several sources of law mandated the proper course of action for the BIA in enforcing the law: (1) 25 U.S.C. § 2803 ; (2) 25 C.F.R. § 12.22 ;…”
State v. Branham, 102 P.3d 646 (N.M. Ct. App. 2004). “of the personnel or facilities of a Federal, tribal, State, or other government agency to aid in the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the Secretary to enforce tribal laws. We agree with the…”
United States v. Jenkins, 17 F. App'x 769 (10th Cir. 2001). · cites it 2× “Section 2803(3) provides that BIA law enforcement officers may make a warrantless arrest “for an offense committed in Indian country if ... the offense is a felony and the [BIA officer] has reasonable grounds to believe that the person to be arrested has committed, or is…”
United States v. Ziegler, 136 F. Supp. 2d 981 (D.S.D. 2001). · cites it 2× “See 25 U.S.C. § 2803 (3)(A); 7 see generally, 2 W.”
State v. Cummings, 954 N.W.2d 731 (S.D. 2021). “” 25 U.S.C. § 2803 . [¶23.] Morgan argues, however, that the circuit court properly relied on the language from Cummings to determine that Agent Rasmussen was without authority to enter Indian country to investigate state crimes.”
United States v. Schrader, 10 F.3d 1345 (8th Cir. 1993). “See 25 U.S.C. § 2803 . In addition, the Secretary may contract with a tribe to assist BIA in enforcing tribal laws and, in connection with such a contract, may authorize a tribal law enforcement officer “to perform any activity the Secretary may authorize under section 2803.”
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