Summary: H.R.498 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House agreed to Senate amendment with amendment (08/01/1990)

Indian Law Enforcement Reform Act - Makes the Secretary of the Interior, acting through the Bureau of Indian Affairs (BIA), responsible for providing law enforcement services in Indian country. Establishes within BIA a Division of Law Enforcement Services which shall be responsible for: (1) the enforcement of Federal law and, with the consent of the Indian tribe, tribal law; (2) the investigation of offenses against U.S. criminal laws; (3) the protection of life and property; (4) the development of methods and expertise to resolve conflicts and solve crimes; (5) the provision of criminal justice remedial actions, correctional and detention services, and rehabilitation; (6) the reduction of recidivism and adverse social effects; (7) the development of preventive and outreach programs; (8) the assessment and evaluation of program accomplishments in reducing crime; and (9) the development and provision of law enforcement training and technical assistance.

Directs the Secretary to create within such Division a separate Branch of Criminal Investigations which shall be responsible for the investigation and presentation for prosecution of criminal violations within Indian country.

Declares that Branch criminal investigative personnel shall be subject only to the supervision and direction of law enforcement personnel of the Branch or Division.

Allows tribes to request the Secretary, by resolution of the governing body of the tribe, to reestablish line authority through the Agency Superintendent or BIA Area Office Director within one year of the establishment of such Branch.

Directs the Secretary to: (1) establish qualification standards for Division law enforcement personnel positions; and (2) provide for the classification of such positions at GS grades comparable to those for other Federal law enforcement personnel positions.

Authorizes the Secretary to charge BIA employees with law enforcement responsibilities and allow such employees to: (1) carry firearms; (2) execute warrants, summonses, and other orders relating to crimes committed in Indian country; (3) make arrests without warrants for offenses committed in Indian country; (4) offer and pay rewards for services or information or purchase of evidence assisting in the detection or investigation of the commission of such an offense or in the arrest of an offender against the United States; and (5) assist Federal, tribal, State, and local law enforcement agencies in the enforcement of laws and regulations.

Allows the Secretary to enter into agreements with such agencies to aid in the enforcement of laws in Indian country.

Authorizes the Secretary, after consultation with the Attorney General, to prescribe regulations relating to the enforcement of criminal statutes and to consideration of applications for contracts awarded under the Indian Self-Determination Act to perform the functions of the Branch.

Grants the Secretary investigative jurisdiction over Federal criminal offenses committed in Indian country.

Authorizes the Secretary to provide uniform allowances for BIA employees charged with law enforcement responsibilities.

Requires reports to the appropriate governmental and law enforcement officials of the Indian tribe involved by: (1) law enforcement officers of the BIA or the Federal Bureau of Investigation (FBI) who decline to initiate an investigation of a reported violation of Federal law in Indian country or who terminate such an investigation without referral for prosecution; or (2) a United States Attorney who declines to prosecute an alleged violation of Federal criminal law in Indian country referred by the FBI or BIA or who moves to terminate such an alleged violation already initiated.

Authorizes the Eastern Band of Cherokee Indians to sell and transfer all its interests in Carolina Mirror, Inc., which are located in milkes County, North Carolina, and Harris County, Texas.

Establishes the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives to: (1) study the social and economic status of Alaska Natives and the effectiveness of Federal and State policies and programs that affect such Natives; (2) conduct public hearings on the subjects of such study; (3) recommend specific actions to the Congress and the State of Alaska that help to assure that such Natives have life opportunities comparable to other Americans and to address their needs for self-determination, economic self-sufficiency, improved levels of educational achievement, improved health status, and the reduced incidence of social problems while respecting their cultural differences; and (4) submit a report on such study and recommendations to the President, the Congress, and the Governor and legislature of Alaska within 18 months after the first meeting of the Commission. Requires such report to be made available to Alaska Native villages and organizations and the public. Terminates such Commission 180 days after it submits its report.

Authorizes appropriations.