[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Proposed Rules]
[Pages 35163-35167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16040]
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DEPARTMENT OF THE INTERIOR
25 CFR Part 12
RIN 1076-AD56
Indian Country Law Enforcement
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed Rule.
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SUMMARY: The Bureau of Indian Affairs is proposing to establish
standards for Bureau of Indian Affairs (BIA) and tribal law enforcement
programs receiving Federal funding or performing duties using a cross
commission. These regulations will insure that law enforcement, crime
prevention and recidivism reduction programs are implemented and
maintained in a constitutionally sound manner and comply with the
Indian Law Enforcement Reform Act of 1990, Pub. L. 101-379 (25 U.S.C.
2801 et seq.).
DATES: Comments must be received on or before September 3, 1996.
Comments will be available for inspection at the address below from
9:00 a.m. to 4:00 p.m., Monday through Friday beginning approximately
July 19, 1996.
ADDRESSES: Mail comments to Theodore R. Quasula, Director of Law
Enforcement Services, Bureau of Indian Affairs, 1849 C Street, NW, Mail
Stop 4443, Washington, D.C., 20240; OR, hand deliver them to Room 4443
at the above address.
FOR FURTHER INFORMATION CONTACT: Theodore R. Quasula, Director of Law
[[Page 35164]]
Enforcement Services, Bureau of Indian Affairs, Telephone: 202-208-
5786.
SUPPLEMENTARY INFORMATION:
Background
The authority to issue rules and regulations is vested in the
Secretary of the Interior by 5 U.S.C. 301 and sections 463 and 465 of
the Revised Statutes, 25 U.S.C. 2 and 9.
What has provided Law Enforcement rules and standards for Bureau of
Indian Affairs and tribal programs in the past?
Indian Police and Detention Standards regulations were published in
1975 and 1976, respectively, and have not been updated. See 25 U.S.C.
Part 12. In 1990, the Indian Law Enforcement Reform Act (Pub. L. 101-
379, 25 U.S.C. 2801 et seq.) specified changes for the Bureau of Indian
Affairs and tribal law enforcement and detention programs that need to
be implemented as rules of the Secretary of the Interior who was given
the overall responsibility for providing, or assisting in the provision
of law enforcement services in Indian country (as defined in 18 U.S.C.
1151). The law enforcement revision will be assigned to Part 12, and
Detention and Rehabilitation will be found in Part 10, Chapter I of
Title 25 Code of Federal Regulations.
The Office of Law Enforcement Services, Bureau of Indian Affairs,
is updating and revising the Bureau of Indian Affairs Manual (BIAM),
and accompanying operational handbooks that will provide policy,
procedures, guidelines and standards for all law enforcement programs.
This manual and accompanying handbooks will be available for the
program managers and supervisors, the public, other agencies, and law
enforcement officers or investigators. Self-governance tribes with
compacts or other tribal entities with enforcement jurisdiction other
than the Bureau of Indian Affairs or contracts, are encouraged to use
the manuals and handbooks for guidance in developing or maintaining
their own programs. The Indian Country Detention Facilities and
Programs manuals and handbooks may be found in Chapter 69 Bureau of
Indian Affairs Manual (BIAM) including an inmate handbook for all
individuals who are incarcerated in a BIA or tribal detention facility.
Evaluation and Certification
Executive Order 12988
The Department has determined that this proposed rule meets the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988.
Executive Order 12866
This proposed rule is not a significant regulatory action under
Executive Order 12866.
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Executive Order 12630
The Department has determined that this proposed rule does not have
``significant'' takings implications. The proposed rule does not
pertain to ``taking'' of private property interests, nor does it impact
private property.
Executive Order 12612
The Department has determined that this proposed rule does not have
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and
responsibilities of states.
NEPA Statement
The Department has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
pursuant to the National Environmental Policy Act of 1969.
Unfunded Mandates Act of 1995
This proposed rule imposes no unfunded mandates on any governmental
or private entity and is in compliance with the provisions of the
Unfunded Mandates Act of 1995.
Paperwork Reduction Act of 1995
This rule has been examined under the Paperwork Reduction Act of
1995 and has been found to contain no information collection
requirements.
Drafting Information
The primary author of this document is Mark Mullins, Bureau of
Indian Affairs, Office of Law Enforcement Services.
List of Subjects in 25 CFR Part 12
Indians--residential and holding facilities, Law enforcement.
For the reasons given in the preamble, Part 12, Chapter I of Title
25 of the Code of Federal Regulations is proposed to be revised as set
forth below:
PART 12--INDIAN COUNTRY LAW ENFORCEMENT
Subpart A--Responsibilities
Sec.
12.1 Who is responsible for the Bureau of Indian Affairs law
enforcement function?
12.2 What is the role of the Bureau of Indian Affairs Director of
Law Enforcement Services?
12.3 Who supervises Bureau of Indian Affairs criminal
investigators?
12.4 Who Supervises the Bureau of Indian Affairs uniformed police,
detention and conservation enforcement functions?
Subpart B--Policies and Standards
Sec.
12.11 Do I have to follow these regulations?
12.12 What about self-determination?
12.13 What happens if I do not follow the rules in this part?
12.14 Where can I find specific policies and standards for law
enforcement functions in Indian country?
Subpart C--Authority and Jurisdiction
Sec.
12.21 What authority is given to Indian country law enforcement
officers to perform their duties?
12.22 Can Bureau of Indian Affairs law enforcement officers enforce
tribal laws?
12.23 What are the jurisdictional limits in Indian country?
Subpart D--Qualifications and Training Requirements
Sec.
12.31 Are there any minimum employment standards for Indian country
law enforcement personnel?
12.32 Do minimum employment standards include a background
investigation?
12.33 Are Indian country law enforcement officers paid less than
other law enforcement officers?
12.34 Do minimum salaries and position classifications apply to a
tribe that has contracted or compacted law enforcement under self-
determination?
12.35 Do Indian country law enforcement officers complete any
special training?
12.36 Does other law enforcement training count?
Subpart E--Records and Information
Sec.
12.41 Who keeps statistics for Indian country law enforcement
activities?
12.42 Do Indian country law enforcement programs share information
with their own communities or other agencies?
Subpart F--Conduct
Sec.
12.51 Must Indian country law enforcement officers follow a code of
conduct?
12.52 How do I report misconduct?
12.53 Who investigates officer misconduct?
12.54 What can I do if I believe my civil rights have been
violated?
12.55 Are there any limits on how much force an officer can use
when performing law enforcement duties?
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Subpart G--Support Functions
Sec.
12.61 Can I be paid for information that helps solve a crime?
12.62 Who decides what uniform an Indian country law enforcement
officer can wear and who pays for it?
12.63 Do Indian country law enforcement officers perform other
duties as well?
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, 2417, 2453, and
2802.
Subpart A--Responsibilities
Sec. 12.1 Who is responsible for the Bureau of Indian Affairs law
enforcement function?
The Deputy Commissioner of Indian Affairs is responsible for Bureau
of Indian Affairs operated and contracted law enforcement programs, and
for overall policy development and implementation of the Indian Law
Enforcement Reform Act, Public Law 101-379 (25 U.S.C. 2801 et seq.).
Sec. 12.2 What is the role of the Bureau of Indian Affairs Director of
Law Enforcement Service?
The Director of the Office of Law Enforcement Services for the
Bureau of Indian Affairs (Director) has been designed as the single
individual responsible for the overall law enforcement and detention
policies and standards, and management of all Bureau of Indian Affairs
criminal investigations, drug enforcement, training, internal affairs,
inspection and evaluation, emergency response forces, and other
national level Indian country law enforcement initiatives. The Director
publishes these policies and standards in law enforcement manuals and
handbooks. The Director is also directly responsible for developing
crime prevention and outreach programs within Indian country law
enforcement.
Sec. 12.3 Who supervises Bureau of Indian Affairs criminal
investigators?
All Bureau of Indian Affairs criminal investigators are supervised
by other criminal investigators within the Office of Law Enforcement
Services.
Sec. 12.4 Who supervises the Bureau of Indian Affairs uniformed
police, detention and conservation enforcement functions?
The agency superintendent is directly responsible for the operation
and management of Bureau of Indian Affairs uniformed police operations,
detention facilities, and conservation enforcement operations at any
agency having these programs. The agency superintendent must also
ensure technical support is provided to any agency contracting the law
enforcement and/or detention program.
Subpart B--Policies and Standards
Sec. 12.11 Do I have to follow these regulations?
You must follow the minimum standards outlined in the regulations
in this part if you are part of a Bureau of Indian Affairs or tribal
law enforcement program receiving Federal funding or operating under a
Bureau of Indian Affairs law enforcement commission.
Sec. 12.12 What about self-determination?
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 (Public Law 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 insure compliance
with minimum Federal standards, and to identify necessary changes or
improvements to Bureau of Indian Affairs policies.
Sec. 12.13 What happens if I do not follow the rules in this part?
Your Bureau of Indian Affairs law enforcement commission may be
revoked, your law enforcement contract may be canceled, and you may no
longer be eligible for tribal shares allocated from the law enforcement
budget.
Sec. 12.14 Where can I find specific policies and standards for law
enforcement functions in Indian country?
The Bureau of Indian Affairs will ensure that all Indian country
law enforcement programs are provided a copy of the most current policy
manuals and handbooks. Every Indian country law enforcement program
covered by the regulations in this part must maintain an effective and
efficient law enforcement program meeting minimal qualitative standards
and procedures specified in Chapter 68 Bureau of Indian Affairs Manual
(BIAM) and the Law Enforcement Handbook.
Subpart C--Authority and Jurisdiction
Sec. 12.21 What authority is given to Indian country law enforcement
officers to perform their duties?
Bureau of Indian Affairs law enforcement officers are commissioned
under the authority established in Title 28 U.S.C. 2803. The Bureau of
Indian Affairs may issue law enforcement commissions to other Federal,
State, local and tribal full-time certified law enforcement officers to
obtain active assistance in the enforcement of applicable Federal
criminal statutes, including Federal hunting and fishing regulations in
Indian country. Any such deputization of personnel not employed by the
Bureau of Indian Affairs will only be issued after an agreement is
completed between the head of the local government or Federal agency
requesting the authority and the Deputy Commissioner of Indian Affairs.
Any such agreement will include language that allows the Bureau of
Indian Affairs to evaluate the effectiveness of such delegated
commissions and to investigate any allegations of misuse of authority
involving these commissions. Tribal law enforcement officers operating
under a Bureau of Indian Affairs contact or compact are not
commissioned Federal officers; however, they may be commissioned on a
case-by-case basis.
Sec. 12.22 Can Bureau of Indian Affairs law enforcement officers
enforce tribal laws?
Bureau of Indian Affairs officers will only enforce tribal laws
with the permission of the tribe. Local programs are encouraged to make
arrangements and agreements with local jurisdictions to facilitate law
enforcement objectives.
Sec. 12.23 What are the jurisdictional limits in Indian country?
The Department of the Interior and the Department of Justice must
maintain and periodically review and update a memorandum of
understanding describing the relationship between the Federal Bureau of
Investigation and the Bureau of Indian Affairs in the investigation and
prosecution of major crimes in Indian country. The guidelines in this
memorandum of understanding and any local United States Attorney's
guidelines for the investigation and prosecution of Federal crimes will
be followed by any law enforcement programs performing duties or under
the authority of 25 U.S.C. 2803.
[[Page 35166]]
Subpart D--Qualifications and Training Requirements
Sec. 12.31 Are there any minimum employment standards for Indian
country law enforcement personnel?
The Director must develop, maintain, and periodically review the
qualification standards, including medical qualification standards, for
all Bureau of Indian Affairs law enforcement, detention and
conservation enforcement occupational series. The standards will be no
less stringent than the minimum standards established by the U.S.
Office of Personnel Management (OPM) for these occupational series, and
may exceed the OPM standards. The Bureau of Indian Affairs standards
are available for review at any Bureau of Indian Affairs personnel
office. All tribal programs are encouraged to develop standards at
least as stringent as those established for Bureau of Indian Affairs
officers.
Sec. 12.32 Do minimum employment standards include a background
investigation?
Law enforcement authority is only entrusted to personnel possessing
adequate education and/or experience, training, aptitude, and high
moral character. All Indian country law enforcement programs receiving
Federal funding and/or authority must ensure that all law enforcement
officers successfully complete a thorough background investigation no
less stringent than required of a Federal officer performing the same
duties. The background investigations of applicants and employees must
be adjudicated by trained and qualified security professionals. All
background investigations must be documented and available for
inspection by the Bureau of Indian Affairs.
Sec. 12.33 Are Indian country law enforcement officers paid less than
other law enforcement officers?
The Deputy Commissioner of Indian Affairs must insure that all
Bureau of Indian Affairs law enforcement officer positions are
established at no lower grade level on the Federal scale than similar
Federal law enforcement officer positions in other agencies. No Bureau
of Indian Affairs position performing commissioned law enforcement
duties will be classified in other than GS 0083, police officer series,
for uniformed officers and the GS 1811, criminal investigating series,
for criminal investigators.
Sec. 12.34 Do minimum salaries and position classifications apply to
a tribe that has contracted or compacted law enforcement under self-
determination?
Any contract or compact with the Bureau of Indian Affairs to
provide law enforcement services for an Indian tribe must require a law
enforcement officer to be paid at least the same salary as a Bureau of
Indian Affairs officer performing the same duties.
Sec. 12.35 Do Indian country law enforcement officers complete any
special training?
Law enforcement personnel of any program funded by the Bureau of
Indian Affairs must not perform law enforcement duties until they have
successfully completed a basic law enforcement training course
prescribed by the Director. The Director will also prescribe mandatory
supplemental and in-service training courses.
Sec. 12.36 Does other law enforcement training count?
All requests for evaluation of equivalent training must be
submitted to the Indian Police Academy for review, with final
determination made by the Director. Requests for a waiver of training
requirements to utilize personnel prior to completing the required
courses of instruction must be submitted to the Director and approved
or disapproved by the Deputy Commissioner of Indian Affairs. In no case
will such a waiver allow personnel to be utilized in any position for
more than one year without achieving training standards. Failure to
complete basic training requirements will result in removal from a law
enforcement position.
Subpart E--Records and Information
Sec. 12.41 Who keeps statistics for Indian country law enforcement
activities?
The Director maintains a criminal justice information system for
Indian country. The Director will prescribe the types of data to be
collected and the reporting format to be used to collect information
and assemble reports on crime reported in Indian country. These reports
may be provided to the Department of Justice. Any law enforcement
program receiving funding from the Bureau of Indian Affairs must use
the same reporting format and submit the same statistical reports to
the Office of Law Enforcement Services as prescribed by the Director
and as are required of all Bureau of Indian Affairs law enforcement
programs.
Sec. 12.42 Do Indian country law enforcement programs share
information with their own communities or other agencies?
At intervals established by the Director, each Bureau of Indian
Affairs criminal investigations program, and any investigations program
receiving funds from the Bureau of Indian Affairs will consult with
local tribal leaders and managers of local patrol and detention
programs. They will discuss the quality of the local investigations
program and offer feedback and technical assistance. There will be no
requirement to disclose confidential investigative information or to
compromise on-going investigations during this process.
Subpart F--Conduct
Sec. 12.51 Must Indian country law enforcement officers follow a code
of conduct?
All law enforcement programs receiving Bureau of Indian Affairs
funding or commissioning must establish a law enforcement code of
conduct which establishes specific guidelines for conduct on and off
duty, impartiality and professional conduct in the performance of duty,
and acceptance of gifts or favors. Each officer must acknowledge
receipt and understanding of this code of conduct in writing and it
will remain on file with the law enforcement program manager as long as
the officer is employed there. Training will be conducted on this code
of conduct and other ethics issues at least once each year.
Sec. 12.52 How do I report misconduct?
The Director will develop and maintain a reporting system which
allows any resident of or visitor to Indian country to report officer
misconduct. Each law enforcement program in Indian country will
maintain instructions on how to register a complaint. An overview of
these steps will be posted for public viewing at each law enforcement
facility in Indian country.
Sec. 12.53 Who investigates officer misconduct?
The Director, Office of Law Enforcement Services maintains an
internal affairs program which investigates all allegations of
misconduct by Bureau of Indian Affairs officers, and any officer
receiving funding and/or authority from the Bureau of Indian Affairs.
All allegations of misconduct must be thoroughly investigated and
appropriate action taken when warranted. Any person having knowledge of
officer misconduct must report that information to the officer's
supervisor. The supervisor
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must immediately report allegations to the internal affairs unit.
Depending upon the severity of the allegation, the matter may be dealt
with locally or it will be investigated by the internal affairs unit.
Failure of any Bureau of Indian Affairs employee to report known
allegations may be considered misconduct in itself. Citizens may report
officer misconduct directly to the internal affairs unit if that is
more practical.
Sec. 12.54 What can I do if I believe my civil rights have been
violated?
All allegations of civil rights violations must be reported
immediately to the internal affairs unit. That office will insure such
allegations are immediately reported to the Civil Rights Division of
the U. S. Department of Justice through established procedures. The
Bureau of Indian Affairs internal affairs unit may also conduct an
investigation into the matter and make recommendations for additional
action as necessary.
Sec. 12.55 Are there any limits on how much force an officer can use
when performing law enforcement duties?
The Director will develop and maintain the use of force policy for
all Bureau of Indian Affairs law enforcement personnel, and for
programs receiving Bureau of Indian Affairs funding or authority.
Training in the use of force, to include non-lethal measures, will be
provided annually. All officers will successfully complete a course of
instruction in firearms, to include judgement pistol shooting, approved
by the Indian Police Academy prior to carrying a firearm on or off
duty.
Subpart G--Support Functions
Sec. 12.61 Can informants be paid for information that helps solve a
crime?
The Director has the authority to expend money for the purchase of
evidence or information, or to offer a reward, in the investigation of
a crime. This is subject to the availability of funds. This authority
may be delegated in writing to supervisory criminal investigators
within the Office of Law Enforcement Services in the Bureau of Indian
Affairs. The Director must develop policies and procedures for the
expenditure, control, and audit of these funds prior to their use.
Sec. 12.62 Who decides what uniform an Indian country law enforcement
officer can wear and who pays for it?
Each local law enforcement program must establish their own uniform
requirements for patrol and detention personnel. Uniformed Bureau of
Indian Affairs police officers may be paid an annual uniform allowance
not to exceed $400. Local programs may provide uniforms and related
equipment to officers in lieu of this payment. All law enforcement
officers must also have their official identification on their person
at all times when performing law enforcement duties. Uniforms, when
worn, will be plainly distinguishable from the uniforms of any non-law
enforcement personnel working on the reservation.
Sec. 12.63 Do Indian country law enforcement officers perform other
duties as well?
Law enforcement commissions will only be issued by the Bureau of
Indian Affairs to persons occupying positions as full-time officers.
Bureau of Indian Affairs funded or commissioned criminal investigators
will not be responsible for supervising or managing any patrol,
detention, or other uniformed police programs.
Dated: May 31, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16040 Filed 7-03-96; 8:45 am]
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