[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Notices]
[Page 6321-6322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-122]
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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]