[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Pages 6321-6322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2842]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Internal Law Enforcement Services Policies

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes internal policies on Cross-Deputation 
Agreements, Memoranda of Understanding, Memoranda of Agreement, and 
Special Law Enforcement Commission Deputation Agreements. These 
policies apply to all Cross-Deputation Agreements, Memoranda of 
Understanding, Memoranda of Agreement, and Special Law Enforcement 
Commission Deputation Agreements.

DATES: These policies are effective February 10, 2004.

FOR FURTHER INFORMATION CONTACT: Peter Maybee, Executive Officer, 
Bureau of Indian Affairs, Law Enforcement Services Washington, DC 
Liaison Office, 1849 C Street, NW., Washington, DC 20240; Telephone No. 
(202) 208-4844.

SUPPLEMENTARY INFORMATION:

Introduction

    This notice is published in the exercise of authority under the 
Indian Law Enforcement Reform Act, 25 U.S.C. 2801 et seq., 5 U.S.C. 
552(a), 5 U.S.C. 301, 25 U.S.C. 2 and 9, 43 U.S.C. 1457, and under the 
exercise of authority delegated by the Secretary of the Interior to the 
Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.
    To clarify the existing policies of the Bureau of Indian Affairs 
(BIA) Law Enforcement Services (OLES) regarding the authority and 
obligations of parties to Memoranda of Agreement (MOAs), Memoranda of 
Understanding (MOUs), Cross Deputation Agreements (CDAs), and in 
particular, Special Law Enforcement Commission (SLECs) Deputation 
Agreements, the Assistant Secretary--Indian Affairs (AS-IA) is 
publishing these policies. Questions regarding the current policies 
have been raised by Federal, tribal, and local law enforcement; 
therefore, the AS-IA is making these policies public so the public may 
have a clearer understanding of the policies which have governed all 
these types of agreements.
    An agency may clarify its policies, procedures, and implementation 
of its own regulations where these clarifications do not contradict or 
alter the regulations. These clarified policies do not change the law 
enforcement regulations. Rather, these clarifications restate to 
outside parties what has been and continues to be the practice and 
understanding of the BIA regarding such agreements. This Federal 
Register notice is to advise all parties to Indian country law 
enforcement agreements, as well as all other interested persons and 
organizations, of the BIA's policies, understandings, and expectations 
related to these agreements, though the issues raised here may not be 
exhaustive.
    The Federal Government has an interest in promoting strong tribal 
governments with the ability to protect the health and welfare of their 
members. Inherent in this relationship is strong and effective law 
enforcement in Indian country. Due to variations in state policies, 
paired with Indian country crime rates well above the national average, 
there is a public health and safety need in Indian country that must be 
addressed. Another issue over the years has been lack of jurisdictional 
clarity, making state and local officials reluctant to either arrest or 
prosecute in Indian country. This lack of prosecution in Indian country 
has compounded the problem.
    Under the Indian Law Enforcement Reform Act, 25 U.S.C. 2801-2809, 
and the corresponding regulations at 25 CFR part 12, the Secretary of 
the Interior, acting through BIA, is charged with providing, or 
assisting in the provision of, law enforcement in Indian country. This 
is true nationwide--throughout Indian country and in the areas near and 
adjacent to Indian country. To increase the effectiveness of law 
enforcement in Indian country, the authority and status of law 
enforcement officers, relationships among and between law enforcement 
departments, as well as potential liability and liability coverage, 
must be clear. Law enforcement officers are expected to appear a 
certain way, use certain equipment, and drive certain vehicles both for 
the safety of the officers and for the safety of the public. The BIA's 
internal policies prescribe all of these standards and recognize that 
officers maintain their status when they are outside Indian country. 
The BIA's policy makes clear that although officers will not as a rule 
conduct investigations or make arrests outside Indian country, they 
maintain their law enforcement officers' responsibilities and certain 
authorities irrespective of whether they are located in Indian country.
    To assist the AS-IA in fulfilling the BIA's duties to provide law 
enforcement in Indian country and to make clear important policies and 
working relationships, the BIA OLES enters into MOAs, MOUs, CDAs, and 
SLEC agreements (pursuant to which it grants special law enforcement 
commissions to tribal and local law enforcement officers). SLECs 
support the sovereignty of tribes by allowing tribal law enforcement 
officers to enforce Federal law, to investigate Federal crimes, and to 
protect the rights of people in Indian country, particularly against 
crimes perpetrated by non-Indians against tribal members. Without such 
commissions, tribal law enforcement in many jurisdictions is limited to 
restraining these perpetrators until a county, State, or Federal 
officer arrives. It is common for tribes to have difficulty getting 
local or State law enforcement to respond to crimes on the 
reservations. For example, it is difficult to get local law enforcement 
to respond to domestic violence calls and illegal disposal activities 
in Indian country. As a result, there is a critical void in law 
enforcement in Indian country that these SLECs fill.
    Due to the nature of law enforcement in Indian country, SLEC 
officers will often have to respond to calls where it is unclear 
initially whether they are responding in their Federal or tribal 
capacity. The Federal Government has an interest in ensuring that 
Federal and federally commissioned officers are able to respond to 
calls immediately and with all of the necessary and recommended law 
enforcement tools. The Federal Government and the Department also have 
an interest in promoting strong tribal governments capable of 
effectively carrying out law enforcement in Indian country. The 
Government further has an interest in ensuring the tribes' sovereign 
rights to do so are respected and the boundaries of Indian country do 
not impede officers' travel, use of marked vehicles, emergency 
response, and other incidental aspects of their Indian country policing 
authority.
    To ensure the SLEC tribal officers are fully qualified to enforce 
Federal law and to perform functions which would otherwise be performed 
by BIA officers, the BIA has established certain minimum standards and 
certification

[[Page 6322]]

requirements for potential officers. The BIA OLES conditions officer 
commissions on meeting these requirements. The Chief of Police of a 
tribe must perform an FBI criminal history check on each officer and 
certify the officers are both full-time employees with a law 
enforcement program and certified through either the State or the BIA. 
If an officer is not yet certified by one of the two entities, the BIA 
provides training before commissioning an officer. These officers must 
also meet other requirements such as firearms certification and 
maintaining a record free of any felonies. The SLECs expire after 3 
years, when the Chief of Police must recertify the qualifications of 
the officers, and the officers must reapply for SLECs.
    For SLEC officers to be used effectively to fill this void, it is 
important that all parties involved in Indian country law enforcement 
have a clear understanding of each of their roles and expectations. The 
BIA expects that, first, liability coverage under the Federal Tort 
Claims Settlement Act (FTCA) may be available to officers carrying 
Federal SLECs, but the Department of Justice makes all determinations 
on FTCA coverage on a case-by-case, factual basis, and their decisions 
are final. Second, because coordination is the foundation on which 
effective Indian country law enforcement is based, the BIA encourages 
full and open coordination between and among relevant tribal, local, 
and Federal law enforcement, and any relevant task forces or other 
similar organizations. Whenever possible the BIA encourages the 
relevant parties to enter agreements governing these cooperative 
relationships. The BIA will work with any parties to help accomplish 
this goal. There must also be coordination and communication among law 
enforcement entities, including local United States Attorney's offices, 
on Federal policing and prosecutorial practices and on particular cases 
and prosecutions where appropriate. Finally, the BIA expects that 
tribes and local law enforcement will maintain appropriate training and 
policies to ensure that their officers will be able to maintain the 
appropriate level of training and are otherwise prepared to perform 
their duties as SLEC officers. The BIA will also assist law enforcement 
organizations in developing these policies and training standards.
    By clarifying the BIA's understandings and expectations of agencies 
participating in Indian country law enforcement, it is the AS-IA's 
intent to provide a strong basis on which to build and strengthen these 
essential relationships. With strong relationships and communication, 
the BIA and tribal, local, and other Federal law enforcement can better 
meet the law enforcement, public health, and safety needs of people in 
Indian country.

    Dated: January 22, 2004.
Aurene M. Martin,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 04-2842 Filed 2-9-04; 8:45 am]
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