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

25 U.S.C. § 2806

Jurisdiction

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(a) Investigative jurisdiction over offenses against criminal laws

The Secretary shall have investigative jurisdiction over offenses against criminal laws of the United States in Indian country subject to an agreement between the Secretary and the Attorney General of the United States.

(b) Exercise of investigative authority

In exercising the investigative authority conferred by this section, the employees of the Bureau shall cooperate with the law enforcement agency having primary investigative jurisdiction over the offense committed.

(c) Law enforcement commission or other delegation of prior authority not invalidated or diminished

This chapter does not invalidate or diminish any law enforcement commission or other delegation of authority issued under the authority of the Secretary before August 18, 1990.

(d) Authorities in addition to prior authority; civil or criminal jurisdiction, law enforcement, investigative, or judicial authority, of United States, Indian tribes, States, etc., unaffected

The authority provided by this chapter is in addition to, and not in derogation of, any authority that existed before August 18, 1990. The provisions of this chapter alter neither the civil or criminal jurisdiction of the United States, Indian tribes, States, or other political subdivisions or agencies, nor the law enforcement, investigative, or judicial authority of any Indian tribe, State, or political subdivision or agency thereof, or of any department, agency, court, or official of the United States other than the Secretary.

(Pub. L. 101–379, § 7, Aug. 18, 1990, 104 Stat. 476.)
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2000–2021 · leading case: Nevada v. Hicks, 533 U.S. 353 (2001).
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Nevada v. Hicks, 533 U.S. 353 (2001). · cites it 2× “To the contrary, 25 U. S. C. § 2806 affirms that "the provisions of this chapter alter neither .”
Dry v. United States, 235 F.3d 1249 (10th Cir. 2000). “Cf 25 U.S.C. § 2806 (d) (“The provisions of [the ILEA] alter neither the civil or criminal jurisdiction of the United States, Indian tribes, .”
Allender v. Scott, 379 F. Supp. 2d 1206 (D.N.M. 2005). “25 U.S.C. § 2806 (d). The evidence also contradicts the USA’s contention that the BIA discontinued cross-commissioning after 1990 as a result of ILERA.”
State v. Cummings, 954 N.W.2d 731 (S.D. 2021). “To the contrary, 25 U.S.C. § 2806 affirms that “the provisions of this chapter alter neither .”
Hopland Band of Pomo Indians v. Norton, 324 F. Supp. 2d 1067 (N.D. Cal. 2004). “See 25 U.S.C. § 2806 (a). The BIA also has authority to commission *1077 tribal police officers as “special law enforcement officers” of the BIA to carry out those responsibilities and to contract out its functions under either the Indian Self-Determination and Education…”
United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). · cites it 2× “The provisions of this chapter alter neither the civil or criminal jurisdiction of the United States, Indian Tribes, States, or other political subdivisions or agencies, nor the law enforcement, investigative, or judicial authority of any Indian Tribe, State, or political…”
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