25 U.S.C. § 2809
Section 2809 · Reports to tribes
Current version, with additions and removals from the August 18, 1990 version.
(1) Investigative coordination
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.
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.
(2) Investigation data
The Federal Bureau of Investigation shall compile, on an annual basis and by Field Division, information regarding decisions not to refer to an appropriate prosecuting authority cases in which investigations had been opened into an alleged crime in Indian country, 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 against referring the investigation for prosecution.
(3) Prosecutorial coordination
Subject to subsection (c), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal criminal law in Indian country, the United States 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.
(4) Prosecution data
The United States Attorney shall submit to the Native American Issues Coordinator to compile, on an annual basis and by Federal judicial district, information 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.
The Attorney General shall submit to Congress annual reports containing, with respect to the applicable calendar year, the information compiled under paragraphs (2) and (4) of subsection (a)—
(1) organized—
(A) in the aggregate; and
(B)(i) for the Federal Bureau of Investigation, by Field Division; and
(ii) for United States Attorneys, by Federal judicial district; and
(2) including any relevant explanatory statements.
(1) In general
(2) Federal Rules of Criminal Procedure
Nothing in this section affects or limits the requirements of Rule 6 of the Federal Rules of Criminal Procedure.
(3) Regulations
The Attorney General shall establish, by regulation, standards for the protection of the confidential or privileged communications, information, and sources described in this section.