Duties imposed on United States Attorneys by the Tribal Law and

Duties imposed on United States Attorneys by the Tribal Law and Order Act of 2010

Indirect Duties Imposed on United States Attorneys by the Tribal Law and Order Act of 2010

(through the Department of Justice)

(1) Title 1, sec. 101(b)(15): On an annual basis, sharing with the Office of Justice Services

all relevant crime date, including the Uniform Crime Reports that the Office of Justice

Services prepares and receives from tribal law enforcement agencies on a tribe-by-tribe

basis to ensure than individual tribal governments providing data are eligible for

programs offered by the Department of Justice

(2) Title 1, sec. 101(b)(18)(f): No later than 1 year after the date of enactment of this

subsection, the Secretary, acting with the Bureau, in coordination with the Department of

Justice and in consultation with tribal leaders, tribal courts, tribal law enforcement

officers, and tribal corrections officials, shall submit to Congress a long-term plan to

address incarceration in Indian country, including-

a. A description of proposed activities for-

i. The construction, operation, and maintenance of juvenile (in accordance

with section 4220(a)(3) of the Indian Alcohol and Substance Abuse

Prevention and Treatment Act of 1986 (24 U.S.C. 2453(a)(3)) and adult

detention facilities (including regional facilities) in Indian country;

ii. Contracting with State and local detention centers, upon approval of

affected tribal governments; and

iii. Alternatives to incarceration, developed in cooperation with tribal court

systems;

b. An assessment and consideration of the construction of Federal detention facilities in

Indian country; and

c. Any other alternatives as the Secretary, in coordination with the Attorney General and

in consultation with Indian tribes, determines to be necessary. 

Direct Duties Imposed on United States Attorneys by the Tribal Law and Order Act of 2010

(1) If a U.S. Attorney declines to prosecute, or acts to terminate prosecution of, an alleged

violation of Federal criminal law in Indian country, the U.S. Attorney shall coordinate

with the appropriate tribal justice officials regarding the status of the investigation and

the use of evidence relevant to the case in a tribal court with authority over the crime

alleged.

(2) Compilation of Information: On an annual basis, and by Federal judicial district, U.S.

Attorneys shall submit information to the Native American Issues Coordinator regarding

all declinations of alleged violations of Federal criminal law that occurred in Indian

country that were referred for prosecution by law enforcement agencies, including-

a. The types of crimes alleged;

b. The statuses of the accused as Indians or non-Indians;

c. The statuses of the victims as Indians or non-Indians; and

d. The reasons for deciding to decline or terminate the prosecutions.

NOTE**Nothing in this section requires any Federal agency or official to transfer or

disclose any confidential, privileged, or statutorily protected communication,

information, or source to an official of any Indian tribe.

(3) Tribal Liaison: The United States Attorney for each district that includes Indian country

shall appoint no less than one assistant United States Attorney to serve as a Tribal Liaison

for the district.

a. Obligations

i. Coordinate prosecutions of Indian country crime; and

ii. Develop relationships with residents of Indian country and serve as a link

between Indian country residents and the Federal justice process.

b. Duties of Tribal Liaison

i. Coordinate the prosecution of Federal crimes that occur in Indian country.

ii. Develop multidisciplinary teams to combat child abuse and domestic and

sexual violence offenses against Indians.

iii. Consult and coordinate with tribal justice officials and victims’ advocates

to address any backlog in the prosecution of major crimes in Indian

country in the district.

iv. Develop working relationships and maintain communication with tribal

leaders, tribal community and victims’ advocates, and tribal justice

officials to gather information from, and share appropriate information

with, tribal justice officials.

v. Coordinate with tribal prosecutors in cases in which a tribal government

has concurrent jurisdiction over an alleged crime, in advance of the

expiration of any applicable statute of limitation.

vi. Provide technical assistance and training regarding evidence gathering

techniques and strategies to address victim and witness protection to

tribal justice officials and other individuals and entities that are

instrumental to responding to Indian country crimes.

vii. Conduct training sessions and seminars to certify special law enforcement

commissions to tribal justice officials and other individuals and

entities responsible for responding to Indian country crimes

viii. Coordinate with the Office of Tribal Justice, as necessary.

ix. Conduct other activities to address and prevent violent crime in Indian

country as the applicable United States Attorney determines to be

appropriate.

(4) In order to enhance prosecution of minor crimes, each United States Attorney serving a

district that includes Indian country is authorized and encouraged to:

a. appoint Special Assistant United States Attorneys (pursuant to section 543(a) of title

28, United States Code) to prosecute crimes in Indian country as necessary to

improve the administration of justice, particularly when-

i. The crime rate exceeds the national average crime rate; or

ii. The rate at which criminal offenses are declined to be prosecuted exceeds the

national average declination rate;

b. in appointing a Special Assistant United States Attorney, a United States Attorney

should consult with tribal justice officials of each Indian tribe that would be affected

by the appointment.

c. coordinate with the applicable United States district courts regarding scheduling of

Indian country matters and holding trials or other proceedings in Indian country, as

appropriate;

d. provide to appointed Special Assistant United States Attorneys appropriate training,

supervision, and staff support; and

e. Provide technical and other assistance to tribal governments and tribal court systems

to ensure that the goals of this subsection are achieved.

(5) Native American Issues Coordinator: established in the Executive Office for United

States Attorneys of the Department of Justice

a. Duties:

i. Coordinate with the United States Attorneys that have authority to prosecute

crimes in Indian country;

ii. Coordinate prosecutions of crimes of national significance in Indian country, as

determined by the Attorney General;

iii. Coordinate as necessary with other components of the Department of Justice and

any relevant advisory groups to the Attorney General or the Deputy Attorney

General; and

iv. Carry out such other duties as the Attorney General may prescribe.