ORJGJNAL 

LA \V ENFORCEMENT AGREEMENT 

AMONG 

THE EASTERN SHOSHONE AND NORTHERN ARAPAHO TRIBES, 

HOT SPRINGS COUNTY, 

AND 

THE BUREAU OF INDIAN AFFAIRS 

THIS AGREEMENT is made by and among the Eastern Shoshone and Northern 

Arapaho Tribes, federally recognized Indian tribes, hereinafter referred to as "Tribes", the 

Hot Springs County, a political subdivision of the State of Wyoming, hereinafter referred 

to as "County", and the Bureau ofindian Affairs, hereinafter refereed to as "BIA". 

In consideration for the mutual rights, duties, obligatiops, and covenants contained 

herein, the Eastern Shoshone and Northern Arapaho Tribes, Hot Springs County, and the 

BIA hereby agree as foJlows: 

1. PURPOSE. The purpose ofthis Agreement is to provide for efficient, effective, and • 

cooperative law enforcement efforts in and around Indian country within the \Vind 

River Reservation and Hot Springs County. Nothing in this Agreement makes any 

substantive law applicable to a certain person or certain conduct where it would not 

otherwise be applicable. Nothing in this Agreement alters or conveys any judicial 

jurisdiction. 

2. AUTHORITY. This Agreement is entered into by the Tribes pursuant to Tribal law, 

by Hot Springs County pursuant to ·wyoming Statutes § 16-1-10 l and 18-3-601, and 

by the BIA pursuant to 25 U.S.C. § 2801 et seq. The sources of authority listed 

above are not intended to be exclusive, and the action of any party or agent of any 

party hereto which can be lawfully sustained under any law, statute, or common law 

not otherwise stated herein,-shali'be authorized hereunder. 

3. AGREEMENT ADMINISTRATORS. The Tribes designate the Supervisor ofthe 

Tribal Fish and Game Department, the County designates the Sheriff, and the BIA 

designates the BIA Chief of Police as their respective Administrators of this 

Agreement. The Administrators shall coordinate the efforts of employees of the 

parties in requesting and/or providing the services described herein. All 

communications between the parties with regard to providing law enforcement 

services shall be made between these persons or their designees. 

4. SPECIAL LA\V ENFORCEMENT APPOINTMENT. Each party to this 

Agreement may, in its discretion, issue a Special Law Enforcement Appointment 

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LAW ENFORCEMENT AGREEMENT AMONG TRlnES, 

HOT SPRl'iGS COUNTY, AND THE BIA 
(SLEA) to a law enforcement officer of the other parties, upon the application of 

such officer. Such appointment shall grant the appointed law enforcement officer 

law enforcement authority as an officer of the appointing agency to the extent 

described in paragraphs 5 and 6 of this Agreement. vVhen an agency issues such 

appointment, it shall provide notice of that appointment, including the name of the 

officer receiving the appointment, to each ofthe parties to this Agreement. 

a. An appointment shall not be granted unless the applicant complies with all the 

requirements for a law enforcement officer as set forth in 25 C.F.R. Part 12 

or applicable state law. 

b. The parties may impose any other requirements including, for example, an 

orientation s;ourse in tribal, federal, state, or local law. 

c. Jfrequestecl by the appointing agency, the applicant's agency shall provide a 

Federal Bureau ofinvestigation criminal history (NCIC, NLETS system, etc.) 

check on the applicant. 

cl. Ifan appointing agency denies an officer an appointment, it shall disclose the 

grounds for such denial in writing to the applicant's agency. 

e. Any party may, at any time, suspend or revoke an officer's appointment for . 

reasons solely within its discretion by notifying the officer's agency in writing 

of the suspension or revocation, its effective date, and the reasons therefore. 

Within ten (10) days after such notification, that officer's agency shall cause 

the appointment card and any other evidence of the appointment to be 

returned to the appointing agency. 

f. Ifany officer's agency possesses any information which may provide grounds 

for the suspension or revocation ofan appointment, it shall immediately notify 

the Administrators. The Administrators shall notify each other when one of 

the following conditions exists: 

(i) The SLEA officer separates from his or her employment as a full-time 

officer; 

(ii) The SLEA officer is transferred to another area or jurisdiction; 

(iii) The SLEA officer is suspended for any reason; 

(iv) The SLEA officer is charged with or convicted of any felony, 

misdemeanor, or traffic offense, excluding misdemeanor traffic 

offenses; 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES, 

HOT SPRINGS COUNTY. ANO THE BIA 
(v) The SLEA officer is found to have a physical, emotional, or mental 

condition which might adversely affect his or her performance as a Jaw 

enforcement officer; or 

(vi) The SLEA has expired. 

g. An SLEA granted under this agreement shall not exceed three (3) years. At 

the expiration of the SLEA, the Administrator for the party who granted the 

appointment shall review the officer's performance and either renew or 

terminate the SLEA. 

5. SCOPE OF POWERS. Nothing in this Agreement shall be interpreted or construed 

as a dillltion of any paiiy's sovereignty or to grant a party the power to increase or 

diminish the politic.al, governmental, or jurisdictional power ofthe United States, the 

Tribe, the County, or any agency of any of the them. 'When acting pursuant to 

Paragraphs 9, 10, or 11, SLEA onicers are given the power to enforce: 

(i) All Federal criminal laws applicable to Indian country, including the 

Major Crimes Act (18 U.S.C. § 1153): 

(ii) All Tribal criminal laws under the Shoshone and Arapahoe Tribes 

Law and Order Code; and 

(iii) All County and State criminal laws under Wyoming statutes or County 

ordinances. 

6. JOINT POWERS. A.ny power, privilege, or authority authorized by Tribal law, 

Wyoming Constitution, or United States Constitution may be exercised and enjoyed 

jointly by each of the paiiy's SLEA officers to this Agreement having a similar 

power, privilege, or authority; but never beyond the limitation of such power, 

privilege, or authority, E:nd each .of the parties may exercise such power, privilege, 

and authority jointly to the extent that the laws ofthe United States, the Tribes, or the 

State ofWyoming·grant similar powers, privileges, or authority. The parties to this 

Agreement, when acting jointly, may exercise and enjoy the power, privilege, or 

authority conferred by this Agreement; but nothing in this Agreement shall be 

construed to extend the jurisdiction, power, privilege, or authority of any party, 

beyond the power, privilege, or authority any of the parties might have when acting 

alone. 

,., 

I• NOTICE OF USE OF PO\VERS. Any SLEA officer must give notice to the 

Administrator ofthe appointing party within 24 hours of exercising law enforcement 

powers or duties obtained as a result of this Agreement. A written report of the 

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LA IV ENFORCEMENT AGREEMENT AMONG TRIBES, 

HOT SPRINGS COUNTY, AND THE BIA 
incident will meet this requirement. Notification is not required rn traffic 

enforcement citations. 

8. EXTRATERRITORIAL AUTHORITY. All of the authority, privileges and 

immunities from llability, exemptions from laws, ordinances and rules, and all 

benefits which apply to the activity of law enforcement officers of parties to this 

Agreement when performing their respective duties and function within the territorial 

limits oftheir respective territories and jurisdictions, shall apply to them to the same 

degree and extent while engaged in the performance under this Agreement of any of 

their duties and functions extrateri'itorialty. 

9. CALLS FOR SERVICE. 

a. In emergency situations, all parties agree that the philosophy of mutual 

assistance with respect to public safety is paramount. "Emergency·• calls are 

defined generally, but not exclusively, as those involving homicide or death; 

felonious assaults; assaults in progress; robberies in progress; kidnap or 

attempted kidnaping; forcible rape or sexual assaults in progress; burglaries 

in progress; prowler present; domestic violence/abuse in progress; or motor 

vehicle accidents involving death, serious injuries, creation of hazardous 

highway obstructions, hazardous materials, or violation of criminal statutes. 

b. Emergency calls for service will result in a response by the closest available 

SLEA officer, until an agency with primary responsibility assumes the lead 

investigative role. Additional resources may be dispatched as necessary by the 

primary or assisting agency to ensure control and mitigation ofthe emergency 

event. 

. . 

c. If a SLEA officer or any agency receives a report or has knowledge of an 

incident that is not within an officer's primary jurisdiction, that officer shall 

refer that incident to the agency with primary jurisdiction. After notification, 

the officer may handle the call if the primary agency indicates it is not 

available and ifit best serves the interest ofthe public and the agencies. 

10. FRESH PURSUIT. Any law enforcement officer may proceed in fresh pursuit of 

an offender beyond the officer's primary jurisdiction into the jurisdiction of another 

party as follows: 

a. Any SLEA officer in fresh pursuit of a person (i) who is reasonably believed 

by the officer to have committed a felony within his or her primary 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES, 

HOT SPRINGS COUNTY, AND THE IA 
jurisdiction or has committee!, or attempted to commit, any criminal offense 

or traffic infraction within his or her primary jurisdiction in the presence of 

such officer, or (ii) for whom a warrant of arrest is outstanding for a criminal 

offense and the officer is in fresh pursuit in his primary jurisdiction, shall have 

the authority to pursue, arrest, ancl hold in custody or cite such person 

wherever that person is located within the jurisdiction of a party. 

b. When a SLEA officer is engaged in a fresh pursuit beyond the officer's 

primary jurisdiction, that officer's dispatch shall notify the jurisdiction into 

which the pursuit is taken under procedures substantia!Jy similar to existing 

practice where notification is transmitted through existing dispatch 

frequencies to law enforcement officers. 

11. SLEA PATROLLING. The Administrators are authorized to enter into patrolling 

agreements. Patrolling agreements shall be in writing and shall be limited to 

situations where the party with primary jurisdiction, because of manpower or other 

reasons, needs assistance on a routine basis. In the absence of a written patrolling 

agreement, nothing in this Agreement shall authorize a SLEA officer to routinely 

patrol or exercise the authority granted under Paragraph 5 on a routine basis in 

another party's jurisdiction. 

12. CUSTODY AND DISPOSITION. In order to ascertain the proper prosecuting 

jurisdiction, the officer shall ask the arrested suspect, where practicable, ,vhether he 

or she is Indian or non-Indian, and shall rely on that representation. The official 

determination ofproper jurisdiction, however, will be made by a prosecutor from one 

ofthejurisclictions, not a SLEA officer. The prosecutor may cause arrested persons 

to be delivered to authorized detention facilities of the parties to this Agreement 

when appropriate. Any person arrested by a SLEA officer shall be taken immediately 

to a responsible officiaf of the apparent prosecuting jurisdiction and, if Indian, 

delivered to a Tribal jail or approved federal facility or, if non-Indian to the Hot 

Springs County Jail or Fremont County Jail, as appropriate. 

13. CITATIONS. All SLEA officers shall issue: tribal citations, using Tribal citation 

forms, when issuing citations for violations of the Tribal Code; County citations, 

using County citation forms, when issuing citations for violations of Wyoming or 

County law; and federal citations, using federal forms when issuing citations for 

violations of federal law. 

14. SUPERVISION OF OFFICERS. It is understood and agreed bv the parties to this 

Agreement that the Tribe, the County or the BIA, their agen,s, employees, and 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES. 

HOT SPRINGS COUNTY, AND TflE BIA 
insurers, have no authority nor any right whatso'ever to control in any manner the davto-day discharge ofthe duties ofofficers whom they have appointed pursuant to this 

Agreement. SLEA officers shall remain under the ultimate control oftheir respective 

employers, but shall take supervision and directions from their counterpart agency 

while operating within the other agency's jurisdiction. 

15. REPORTS. The agency with primary responsibility for the investigation of any 

incident or accident requiring generation ofan official report will be furnished copies 

of all reports by the assisting agency, including those where the assisting agency 

assumes responsibility for and handles the incident. 

16. INSURANCE. Each party agrees to carry and maintain adequate insurance coverage 

(commercial or self-insurance) for its own law enforcement officers and equipment 

to protect the party from any and all claims, losses, actions, and judgments for 

damages or injury to persons or property, or for law enforcement liability, including 

claims for false imprisonment or false arrest, public liability, and property damage, 

arising out ofor in connection with its acts or performance under this Agreement, and 

shall maintain the policy in foll force and effect during the Agreement. 

17. ARREST AND SEARCH WARRANTS. Each party shall cooperate with the other 

parties in the execution of properly issued arrest and search warrants and shall 

observe the requirements of applicable Tribal, County, State, and Federal laws in so 

doing. 

a. Each party shall present arrest WatTants authorizing the arrest of any person 

located in the jurisdiction of one of the other parties to the appropriate police 

official or cou11 of that other party. For the Tribes, a County arrest wanant 

shall be sent to the Tribal Court with the information prescribed by the Tribal 

Court. For the County, tl;e Tribal arrest warrant shall be sent to County or 

District Court. 

b. The SLEA officers for any of the parties may jointly execute warrants. 

c. In all matters concerning extradition and/or rendition necessary to allow for 

the proper prosecution of any individual, extradition and rendition shall be 

sought pursuant to applicable Tribal, State, and Federal law, and the parties 

agree to cooperate in such proceedings. 

18. SERVICE OF PROCESS. The County shall handle service of process within the 

exterior boundaries of the Reservation as if the Reservation were a United States 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES, 

HOT SPRINGS COUNTY. AND THE BIA 
territory under the terms of'vVyorning statues and rules governing service ofprocess 

substituting tribal for federal law enforcement officers where applicable. The Tribes 

agree to process any service of process requests requiring Tribal action in an 

expeditious manner. 

19. RECORDS. The parties shall, subject to applicable laws respecting privacy and 

confidentiality and subject to any public records acts and the Freedom oflnformation 

Act, access and transmit to each other records in their possession or control which are 

useful in identifying and suing or arresting and prosecuting individuals or companies 

reasonably thought to have violated criminal-and/or civil laws of the Tribes, the 

United States, the State of Wyoming, and/or Hot Springs County. 

20. LIABILITY. To \he extent provided by law, each party agrees to assume liability 

and be responsible for any liability arising from the actions of its own law 

enforcement officers/employees for acts performed under this Agreement. 

a. It is understood and agreed that each party to this Agreement, its agents, 

employees, and insurers do not, by virtue of this Agreement, assume any 

responsibility or liability for the actions of SLEA 'officers which are 

perfonned outside the scope of their duties. 

b. Notwithstanding subsection "a." above, any officer carrying a Special Law 

Enforcement Commission issued by the BIA will be treated as a Federal 

employee under the Federal Tort Claims Act and under 43 C.F.R. Part 22 in 

connection with any exercise of law enforcement responsibility in Indian 

country. 

c. Nothing in this Agreement shall be read as waiving or limiting any defenses 

to claims ofliabi!Jty otherwise available to law enforcement officers, such as 

the defense of qualified immunity. 

d. Each party to this Agreement agrees to indemnify and hold harmless the others 

from any and all liability for any injury, damage, or claim suffered by any 

person or ·property caused by the party or its member/employee while 

performing under this Agreement unless such claims are proximately caused 

by gross negligence or wilful misconduct of another party or its ofiicers. 

21. SOVEREIGN IMMUNITY. Nothing in this Agreement is intended, nor shall it be 

construed or interpreted, to be a waiver of sovereign immunity of the Tribes, the 

County, or the United States nor to impair, limit, or affect the status of any agency or 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES, 

HOT S?RJl'iG.:i CUUNTY, _:..;--.;o THE BIA 
the sovereignty of any government or their employees, officials and agents, not 

otherwise expressly waived by legislative act.· 

22. COMPENSATION. Each party agrees that it will not seek from another party any 

compensation for services rendered under this Agreement. 

23. DURATION OF AGREEMENT. This Agreement shall remain in full force and 

effect, without expiration or modification, unless suspended, revoked, or amended. 

In the event of a modification, an amendment will be executed and signed by all of 

the parties. 

24. SUSPENSION OR REVOCATION OF AGREEMENT. Any party hereto may 

suspend or revoke ~his Agreement at any time by formal action upon not less than 

thirty (30) clays ,vritten notice to the others. The revocation shall be effective thirty 

(30) clays after notice is sent by certified mail. Upon revocation of the Agreement, 

the parties shall return all shared books, records, or other documents including 

citation forms. 

25. SEVERABILITY. The Provisions ofthis Agreement are severable and should any 

provision be held invalid or unenforceable, the remainder ofthe Agreement remains 

in effect unless terminated as provided in this Agreement. 

26. NOTICE. Any notice required or permitted to be given under this Agreement shall 

be deemed sufficient if given in writing and sent by registered or certified mail. 

In the case of the Tribes, notices shall be sent to: 

Arlen Shoyo, Supervisor 

Tribal Fish and Game Department 

P.O.Box217 

Fort Washakie, WY 825 14 

Joint Business Council 

Eastern Shoshone and Northern Arapaho Tribes 

P.O.Box217 

Fort Washakie, WY 82514 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES, 

HOT SPRINGS COUNTY, AND THE BIA 
In the case of the County, notices shall be sent to: 

John Lumley, Sheriff 

Joint Law Enforcement Center 

417 Arapahoe Street 

Thermopolis, WY 82443 

Carl Allen 

County Commissioners 

Courthouse 

415 Arapahoe Street 

Thermopolis, WY 82443 

In the case of the BIA, notices shall be sent to: 

BIA Police Chief 

Bureau oflndian Affairs 

P.O. Box 158 

Fort Washakie, WY 82514 

27. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement 

between the parties. Its terms are intended by the parties as a final expression oftheir 

agreement with respect to such terms as are included and may not be contradicted by 

evidence of any prior agreement or contemporaneous oral agreement. 

28. WAIVER. Waiver by one party of the performance of any covenant, condition, or 

promise of the other party shall not invalidate this Agreement, nor shall it be 

considered to be a waiver by such party of any other covenant, condition, or promise 

contained herein. The \Vaiver by one or more parties at the time for performing 

under the terms of this Agreement shall not be construed at a later date as a waiver 

of any requirement for perfonnance under this Agreement. 

29. BINDING ON SUCCESSORS AND ASSIGNS. This agreement shall be binding 

upon and shall inure to the benefit of each party, and to their successors and assigns. 

30. NO THIRD PARTY RIGHTS, USE OF AGREEMENT AS EVIDENCE. This 

Agreement does not create any substantive or procedural right or benefit in favor of 

any person or entity not a party hereto, civil or criminal, neither does it create a duty 

to respond not otherwise imposed by law. 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES. 

HOT SPRINGS COUNTY, AND THE BIA 
John Ltin , h nfr~ 

Hot Springs Counw ) 

Date: I ci. c)Of?O

------------

31. EFFECTIVE DATE. The effective date of this agreement shall be December 18, 

2000. 

IN WITNESS WHEREOF, the parties hereto have set their hands. 

EASTERN SHOSHONE AND NORTHERN ARAPAHO TRIBES 

Ld/_,d _ /? (t)u Ivan Posey~ iJ"i krffhony Aclclison~Sr., Chainnan 

Shoshone usine s Council Northern Arapaho Business Council 

Date: 

SJ 

HOT SPRINGS COU1 TY 

Ka I Allen, Commissioner 

Hot Springs 9ounty 

Date: /,'.;l, !.J r{) :z, l 11 

r I I 

UNITED STATES OF AMERICA, BUREAU OF INDIAN AFFAIRS 

Ed Naranjo 

District Commander 

Date: /2-/,/7 ~CAJ 

cops.O 14a 

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LAW ENFORCEMENT AGREEMENT AMONG TRIBES, 

HOT SPRINGS COUNTY, AND THE BIA