25 U.S.C. § 2804

Assistance by other agencies

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(a) Agreements(1) In general

Not later than 180 days after July 29, 2010, the Secretary shall establish procedures to enter into memoranda of agreement for the use (with or without reimbursement) 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.

(2) Certain activities

The Secretary may authorize a law enforcement officer of such an agency to perform any activity the Secretary may authorize under section 2803 of this title.

(3) Program enhancement(A) Training sessions in Indian country(i) In general

The procedures described in paragraph (1) shall include the development of a plan to enhance the certification and provision of special law enforcement commissions to tribal law enforcement officials, and, subject to subsection (d), State and local law enforcement officials, pursuant to this section.

(ii) Inclusions

The plan under clause (i) shall include the hosting of regional training sessions in Indian country, not less frequently than biannually, to educate and certify candidates for the special law enforcement commissions.

(B) Memoranda of agreement(i) In general

Not later than 180 days after July 29, 2010, the Secretary, in consultation with Indian tribes and tribal law enforcement agencies, shall develop minimum requirements to be included in special law enforcement commission agreements pursuant to this section.

(ii) Substance of agreements

Each agreement entered into pursuant to this section shall reflect the status of the applicable certified individual as a Federal law enforcement officer under subsection (f), acting within the scope of the duties described in section 2802(c) of this title.

(iii) Agreement

Not later than 60 days after the date on which the Secretary determines that all applicable requirements under clause (i) are met, the Secretary shall offer to enter into a special law enforcement commission agreement with the Indian tribe.

(b) Agreement to be in accord with agreements between Secretary and Attorney General

Any agreement entered into under this section relating to the enforcement of the criminal laws of the United States shall be in accord with any agreement between the Secretary and the Attorney General of the United States.

The Secretary may not use the personnel of a non-Federal agency under this section in an area of Indian country if the Indian tribe having jurisdiction over such area of Indian country has adopted a resolution objecting to the use of the personnel of such agency. The Secretary shall consult with Indian tribes before entering into any agreement under subsection (a) with a non-Federal agency that will provide personnel for use in any area under the jurisdiction of such Indian tribes.

(d) Authority of Federal agency head to enter into agreement with Secretary

Notwithstanding the provisions of section 1535 of title 31, the head of a Federal agency with law enforcement personnel or facilities may enter into an agreement (with or without reimbursement) with the Secretary under subsection (a).

(e) Authority of Federal agency head to enter into agreement with Indian tribeThe head of a Federal agency with law enforcement personnel or facilities may enter into an agreement (with or without reimbursement) with an Indian tribe relating to—(1) the law enforcement authority of the Indian tribe, or(2) the carrying out of a law of either the United States or the Indian tribe.(f) Status of person as Federal employeeWhile acting under authority granted by the Secretary under subsection (a), a person who is not otherwise a Federal employee shall be considered to be—(1) an employee of the Department of the Interior only for purposes of—(A) the provisions of law described in section 3374(c)(2) of title 5, and(B) sections 111 and 1114 of title 18, and(2) an eligible officer under subchapter III of chapter 81 of title 5.(g) Acceptance of assistanceThe Bureau may accept reimbursement, resources, assistance, or funding from—(1) a Federal, tribal, State, or other government agency; or(2) the Indian Law Enforcement Foundation established under section 5412(a) 11 See References in Text note below. of this title.(Pub. L. 101–379, § 5, Aug. 18, 1990, 104 Stat. 476; Pub. L. 111–211, title II, § 231(b), (e), July 29, 2010, 124 Stat. 2273, 2278.)Editorial NotesReferences in Text

Section 5412(a) of this title, referred to in subsec. (g)(2), was in the original “section 701(a) of the Indian Self-Determination and Education Assistance Act”, and was translated as reading “section 702(a) of the Indian Self-Determination and Education Assistance Act”, meaning section 702(a) of Pub. L. 93–638, to reflect the probable intent of Congress, because Pub. L. 93–638 does not contain a section 701(a), and section 702(a) of Pub. L. 93–638 relates to establishment of the Indian Law Enforcement Foundation.

Amendments

2010—Subsec. (a). Pub. L. 111–211, § 231(b), inserted heading, designated first sentence as par. (1), inserted par. (1) heading, substituted “Not later than 180 days after July 29, 2010, the Secretary shall establish procedures to enter into memoranda of agreement” for “The Secretary may enter into an agreement”, designated second sentence as par. (2), inserted par. (2) heading, and added par. (3).

Subsec. (g). Pub. L. 111–211, § 231(e), added subsec. (g).

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1993–2024 · leading case: United States v. Roger Bettelyoun, 16 F.3d 850 (8th Cir. 1994).

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United States v. Roger Bettelyoun, 16 F.3d 850 (8th Cir. 1994). · cites it 8× “See 25 U.S.C. § 2804 (a). When acting under such authority, “a person who is not otherwise a Federal employee shall be considered to be an employee of the Department of the Interi- or only for purposes of .”

United States v. Michael P. Roy, 408 F.3d 484 (8th Cir. 2005). · cites it 3× “25 U.S.C. § 2804 (a). The Secretary may authorize an officer of the agency contemplated by such an agreement “to perform any activity the Secretary may authorize under section 2803.”

United States v. Justin Janis, 810 F.3d 595 (8th Cir. 2016). · cites it 4× “” 25 U.S.C. § 2804 (f). We previously have held that the “plain meaning” of these provisions is that “tribal officers are afforded the same protection under 18 U.”

Allender v. Scott, 379 F. Supp. 2d 1206 (D.N.M. 2005). · cites it 2× “It arrives at this conclusion based on 25 U.S.C. § 2804 (a). However, that section is expressly one directional, it authorizes delegation of federal and tribal law enforcement powers to other agencies but does not mention agreements to enforce state law.”

United States v. Robert Allen Martin, 163 F.3d 1212 (10th Cir. 1998). “Fur-theimore, the contention that Bettelyoun and related cases are inapposite because the tribal officers in question derived federal authority from the Indian Law Enforcement Reform Act of 1990, see 25 U.S.C. § 2804 (a), ignores the Eighth Circuit’s observation that “[ejven in…”

Dry v. United States, 235 F.3d 1249 (10th Cir. 2000). “25 U.S.C. § 2804 (f) (emphasis added). In pertinent part, 5 U.”

United States v. Schrader, 10 F.3d 1345 (8th Cir. 1993). · cites it 3× “” 25 U.S.C. § 2804 (a). When acting under such authority, “a person who is not otherwise a Federal employee shall be considered to be an employee of the Department of the Interior only for purposes of .”

United States v. Michael Young, 85 F.3d 334 (8th Cir. 1996). · cites it 4× “In addition, 25 U.S.C. § 2804 (a) provides that the Bureau of Indian Affairs of the Interior Department may enter into an agreement for the use of tribal personnel to enforce federal or tribal law.”

State v. Branham, 102 P.3d 646 (N.M. Ct. App. 2004). “{6} The district court took the issue under advisement and asked the parties to brief the applicability of 25 U.S.C. § 2804 (2000) and whether it authorized the informal agreement upon which the State relies.”

Boney v. Valline, 597 F. Supp. 2d 1167 (D. Nev. 2009). “A tribal officer is only considered to be a federal employee for FTCA purposes “[w]hile acting under authority granted by the Secretary [of the Interior]” (see 25 U.S.C. § 2804 (f)) and a tribal officer is not acting in such capacity when he is enforcing tribal (not federal) law…”

United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). · cites it 30× “Under the Deputation Agreement: [A]ny Navajo Nation Division of Public Safety Law Enforcement Officer who is deputized by the Bureau of Indian Affairs Special Law Enforcement Commission will only be deemed an employee of the Department of the Interior for the Purposes of the…”

United States v. Medearis, 775 F. Supp. 2d 1110 (D.S.D. 2011). · cites it 3× “(quoting 25 U.S.C. § 2804 (a)). *1119 When acting under such authority, “a person who is not otherwise a Federal employee shall be considered to be an employee of the Department of the Interior only for purposes of .”

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— 25 U.S.C. § 2804(2) — 1 case

United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). “Under the Deputation Agreement: [A]ny Navajo Nation Division of Public Safety Law Enforcement Officer who is deputized by the Bureau of Indian Affairs Special Law Enforcement Commission will only be deemed an employee of the Department of the Interior for the Purposes of the…”

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