Title 25 — Indians
Chapter 30 — Indian Law Enforcement Reform
§ 2803. Law enforcement authority
Statutory text
The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to—
carry firearms;
execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—
the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or
an Indian tribe if authorized by the Indian tribe;
make an arrest without a warrant for an offense committed in Indian country if—
the offense is committed in the presence of the employee,1
the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;
the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or
the offense involves—
a misdemeanor controlled substance offense in violation of—
the Controlled Substances Act (21 U.S.C. 801 et seq.);
title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); 2 or
a misdemeanor firearms offense in violation of chapter 44 of title 18;
a misdemeanor assault in violation of chapter 7 of title 18; or
a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and
the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime;
offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States;
make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws;
wear a prescribed uniform and badge or carry prescribed credentials;
perform any other law enforcement related duty; and
when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 101–379 § 4 · 104 Stat. 473
Enacted · 25 U.S.C. § 2803
Pub. L. 101–379, § 4, Aug. 18, 1990, 104 Stat. 475
Source evidence
Code source credit
Pub. L. 101–379, § 4, Aug. 18, 1990, 104 Stat. 475Enacted provision · exact public law section
Sec. 4. law enforcement authority The Secretary may charge employees of the Bureau with 25 USC 2803. law enforcement responsibilities and may authorize those employees to— (1) carry firearms; (2) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of— (A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary), or (B) an Indian tribe if authorized by the Indian tribe; (3) make an arrest without a warrant for an offense committed in Indian country if— (A) the offense is committed in the presence of the employee, or (B) the offense is a felony and the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing, the felony; (4) offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States; (5) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws; (6) wear a prescribed uniform and badge or carry prescribed credentials; (7) perform any other law enforcement related duty; and (8) when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 title IX § 908(b) · 119 Stat. 2960
Added · 25 U.S.C. § 2803(3)(C)
Pub. L. 109–162 added subpar. (C)
Source evidence
Code amendment note
Par. (3)(C). Pub. L. 109–162 added subpar. (C).Enacted provision · exact public law section
(b) Law Enforcement Authority.— Section 4(3) of the Indian Law Enforcement Reform Act (25 U.S.C. 2803(3) is amended— (1) in subparagraph (A), by striking “or”; (2) in subparagraph (B), by striking the semicolon and inserting “, or”; and (3) by adding at the end the following: “(C) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing the crime;” .Tribal Law and Order Act of 2010
Pub. L. 111–211 § 211(c)(1) · 124 Stat. 2258
Substituted · 25 U.S.C. § 2803(2)(A)
Pub. L. 111–211, § 211(c)(1), substituted “or offenses processed by the Central Violations Bureau); or” for “), or”
Source evidence
Code amendment note
Par. (2)(A). Pub. L. 111–211, § 211(c)(1), substituted “or offenses processed by the Central Violations Bureau); or” for “), or”.Enacted provision · exact public law section
(1) in paragraph (2)(A), by striking “), or” and inserting “or offenses processed by the Central Violations Bureau); or”; andTribal Law and Order Act of 2010
Pub. L. 111–211 § 211(c)(2)(B) · 124 Stat. 2258
Substituted · 25 U.S.C. § 2803(3)(B); 25 U.S.C. § 2803(3)(C)
Pub. L. 111–211, § 211(c)(2)(B), substituted “probable cause” for “reasonable grounds”
Source evidence
Code amendment note
Par. (3)(B), (C). Pub. L. 111–211, § 211(c)(2)(B), substituted “probable cause” for “reasonable grounds”.Enacted provision · exact public law section
(B) in subparagraphs (B) and (C), by striking “reasonable grounds” each place it appears and inserting “probable cause”;Tribal Law and Order Act of 2010
Pub. L. 111–211 § 211(c)(2)(A) · 124 Stat. 2258
Added · 25 U.S.C. § 2803(3)(D)
Pub. L. 111–211, § 211(c)(2)(A), (C), (D), added subpar. (D)
Source evidence
Code amendment note
Par. (3)(D). Pub. L. 111–211, § 211(c)(2)(A), (C), (D), added subpar. (D).Enacted provision · exact public law section
(A) in subparagraph (B), by striking “, or” at the end and inserting a semicolon;
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
The Controlled Substances Act, referred to in par. (3)(D)(i)(I)(aa), is title II of Pub. L. 91–513, , 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in par. (3)(D)(i)(I)(bb), is Pub. L. 104–193, , 110 Stat. 2105. Title IX of the Act enacted section 862b of Title 21, Food and Drugs, section 12392 of Title 34, Crime Control and Law Enforcement, and sections 608a and 710 of Title 42, The Public Health and Welfare, amended section 1693b of Title 15, Commerce and Trade, section 32 of Title 26, Internal Revenue Code, and sections 1396a, 1396g, 1397a, 1397b, 1437d, 1437f, and 1437z of Title 42, and enacted provisions set out as notes under section 32 of Title 26 and sections 601, 710, and 1396a of Title 42. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 1305 of Title 42 and Tables.
Amendments2006–2010 · 2 rounds
2010
Par. (2)(A). Pub. L. 111–211, § 211(c)(1), substituted “or offenses processed by the Central Violations Bureau); or” for “), or”.
Par. (3)(B), (C). Pub. L. 111–211, § 211(c)(2)(B), substituted “probable cause” for “reasonable grounds”.
Par. (3)(D). Pub. L. 111–211, § 211(c)(2)(A), (C), (D), added subpar. (D).
2006
Par. (3)(C). Pub. L. 109–162 added subpar. (C).
Credits
1990–2010 · 3 acts
- 1990Pub. L. 101–379, § 4, , 104 Stat. 475
- 2006Pub. L. 109–162, title IX, § 908(b), , 119 Stat. 3083
- 2010Pub. L. 111–211, title II, § 211(c), , 124 Stat. 2266.
Show as published
(Pub. L. 101–379, § 4, , 104 Stat. 475; Pub. L. 109–162, title IX, § 908(b), , 119 Stat. 3083; Pub. L. 111–211, title II, § 211(c), , 124 Stat. 2266.)