§ 2809. — Reports to tribes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2809]
TITLE 25--INDIANS
CHAPTER 30--INDIAN LAW ENFORCEMENT REFORM
Sec. 2809. Reports to tribes
(a) Reports by law enforcement officials of Bureau or Federal Bureau of
Investigation
In any case in which law enforcement officials of the Bureau or the
Federal Bureau of Investigation decline to initiate an investigation of
a reported violation of Federal law in Indian country, or terminate such
an investigation without referral for prosecution, such officials are
authorized to submit a report to the appropriate governmental and law
enforcement officials of the Indian tribe involved that states, with
particularity, the reason or reasons why the investigation was declined
or terminated.
(b) Reports by United States attorney
In any case in which a United States attorney declines to prosecute
an alleged violation of Federal criminal law in Indian country referred
for prosecution by the Federal Bureau of Investigation or the Bureau, or
moves to terminate a prosecution of such an alleged violation, the
United States attorney is authorized to submit a report to the
appropriate governmental and law enforcement officials of the Indian
tribe involved that states, with particularity, the reason or reasons
why the prosecution was declined or terminated.
(c) Case file included within reports
In any case--
(1) in which the alleged offender is an Indian, and
(2) for which a report is submitted under subsection (a) or (b)
of this section,
the report made to the Indian tribe may include the case file, including
evidence collected and statements taken, which might support an
investigation or prosecution of a violation of tribal law.
(d) Transfer or disclosure of confidential or privileged communication,
information or sources to tribal officials
Nothing in this section shall require any Federal agency or official
to transfer or disclose any confidential or privileged communication,
information, or sources to the officials of any Indian tribe. Federal
agencies authorized to make reports pursuant to this section shall, by
regulations, adopt standards for the protection of such communications,
information, or sources.
(Pub. L. 101-379, Sec. 10, Aug. 18, 1990, 104 Stat. 477.)
