[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR12.21]



[Page 57]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 12_INDIAN COUNTRY LAW ENFORCEMENT--Table of Contents

 

                  Subpart C_Authority and Jurisdiction

 

Sec.  12.21  What authority is given to Indian country law enforcement 

officers to perform their duties?





    BIA law enforcement officers are commissioned under the authority 

established in 25 U.S.C. 2803. BIA may issue law enforcement commissions 

to other Federal, State, local and tribal full-time certified law 

enforcement officers to obtain active assistance in enforcing applicable 

Federal criminal statutes, including Federal hunting and fishing 

regulations, in Indian country.

    (a) BIA will issue commissions to other Federal, State, local and 

tribal full-time certified law enforcement officers only after the head 

of the local government or Federal agency completes an agreement with 

the Commissioner of Indian Affairs asking that BIA issue delegated 

commissions. The agreement must include language that allows the BIA to 

evaluate the effectiveness of these special law enforcement commissions 

and to investigate any allegations of misuse of authority.

    (b) Tribal law enforcement officers operating under a BIA contract 

or compact are not automatically commissioned as Federal officers; 

however, they may be commissioned on a case-by-case basis.