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COOPERATIVE LAW ENFORCEMENT AGREEMENT 

between and among 

UNITED STATES BUREAU OF INDIAN AFFAIRS 

and 

THREE AFFILIATED TRIBES 

and 

COUNTY OF MOUNTRAIL 

This Agreement (the "Agreement") is made and entered into this __ day of 

~--c-=' 2000, by and between and among the United States Bureau oflndian Affairs, the 

Tirree Affiliated Tribes, and the County of Mountrail, a duly organized county in the State of 

North Dakota. 

IT IS HEREBY AGREED THAT: 

SECTION 1. PARTIES AND AUTHORITY FOR AGREEMENT 

The parties to this Agreement are: 

(1) The Bureau oflndian Affairs, acting on behalf of the United States ofAmerica, 

pursuant to the Indian Law Enforcement Reform Act, 25 U.S.C. §§2801-2809. 

(2) The Three Affiliated Tribes, a federally recognized Indian tribe composed ofthe 

Mandan, Hidatsa and Arikara Nations, acting through its duly elected Tribal 

Business Council, pursuant to Article VI, Section 3 of the Constitution and Bylaws ofthe Tirree Affiliated Tribes; and 

(3) The County ofMountrail, a county duly organized according to the laws of the 

State ofNorth Dakota, acting pursuant to Chapter 54-42.2 ofthe North Dakota 

Century Code. 

SECTION 2. PURPOSES 

The purposes ofthis agreement are: 

(1) To foster cooperation in the enforcement of the criminal laws ofthe United States, 

the Three Affiliated Tribes, and the State ofNorth Dakota within those parts of 

the Fort Berthold Indian Reservation which are within Mountrail County and over 

which the Tirree Affiliated Tribes exercises criminal jurisdiction over its 

members. 

(2) To provide increased availability oflaw enforcement assistance which will result 

in better police protection to all persons who reside or come within the boundaries 

of Mountrail County. 
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(3) To provide increased availability oflaw enforcement assistance which will result 

t in better police protection to all persons who reside or come within the exterior 

boundaries of the Fort Berthold Reservation_ 

SECTION 3. CROSS DEPUTIZATION 

(1) The Sheriff and the Sheriffs Deputies ofMountrail County: 

(a) Shall be deputized by the Three Affiliated Tribes as "special deputies" for 

the enforcement ofthose acts or omissions defined as misdemeanor crimes 

contained in Chapter 4, Criminal Offenses, Tribal Code, or such successor 

chapter or section of applicable Tribal law which sets forth misdemeanor 

criminal offenses and shall also receive a BIA law enforcement card which 

shall entitle them to be treated as BIA law enforcement officials when acting 

pursuant to this Agreement. 

(b) In their capacity as "special deputies", shall respond and assist in law 

enforcement activities in such parts of the County ofMountrail as are 

contained within the exterior boundaries ofthe Fort Berthold Reservation in 

those particular instances when they are so requested by a Bureau of Indian 

Affairs or Tribal law enforcement officer. 

(c) Tribal members or other Indians apprehended within those parts of the 

County ofMountrail as are contained within the exterior boundaries ofthe 

Fort Berthold Reservation by law enforcement officers of the County of 

Mountrail acting in their capacity as "special deputies" are subject to being 

prosecuted in Tribal or Federal court, depending on the nature ofthe crime. 

(2) Bureau oflndian Affairs Law Enforcement Officers and Tribal Law Enforcement 

Officers: 

(a) Shall be deputized by the Sheriff ofMountrail County as "special deputies" 

pursuant to the authority under Chapter 12-63 ofthe North Dakota Century 

Code for the purposes of enforcement ofany crimes committed by nonIndians in violation of the North Dakota Century Code or applicable Federal 

law within Mountrail County_ 

(b) In their capacity as "special deputies", shall respond and assist in law 

enforcement activities in such parts ofthe County ofMountrail as are outside 

the exterior boundaries ofthe Fort Berthold Reservation in those particular 

instances when they are so requested by the Sheriff ofMountrail County or 

by a Sheriffs Deputy. 

(c) Non-Indians apprehended by Bureau ofIndian Affairs or Tribal law 
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enforcement officers shall be prosecuted in state District Court for Mountrail 

County, or applicable Federal court. 

(3) The Three Affiliated Tribes, the Bureau oflndian Affairs and the County of 

Mountrail, shall jointly and on an annual basis make up a list of law enforcement 

officers, who, based upon pertinent law enforcement standards, as established by 

the "Cross Deputization Commission", are entitled to act in the capacity of 

"special deputies" pursuant to this Agreen1ent. 

SECTION 4. TRANSPORTATION AND ASSOCIATED COSTS 

(1) Whenever an arrest of a non-Indian is made by a BIA or Tribal law enforcement 

officer which requires taking the non-Indian into physical custody, the officer 

shall call a Mountrail County law enforcement officer and wait for the officer to 

arrive and transport the individual to the appropriate law enforcement center for 

further processing, but if a Mountrail County law enforcement officer is not 

available, the BTA or Tribal law enforcement officer will transport the individual 

to the appropriate law enforcement center as designated in writing by the Sheriff 

of Mountrail County. 

(2) Whenever an arrest of an Indian is made by a Mountrail County law enforcement 

officer which requires taking the Indian into physical custody, the officer shall 

call a BIA or Tribal law enforcement officer and wait for the officer to arrive and 

transport the individual to the appropriate law enforcement center for further 

processing, but if a BIA or Tribal law enforcement officer is not available, the 

Mountrail County law enforcement officer will transport the individual to the 

appropriate law enforcement center as designated in writing by the officer in 

charge ofthe BlA and Tribal law enforcement officers on the Fort Berthold 

Reservation. 

(3) All costs oftransportation of any individual arrested pursuant to this Agreement 

shall be borne by the party in whose jurisdiction the offense alleged to be 

committed by the person arrested is to be prosecuted and any costs associated 

with appearing in the courts of the jurisdiction ofthe Tribe by a Mountrail County 

law enforcement officer or in the courts ofMountrail County by a BIA or Tribal 

law enforcement officer shall be borne by the jurisdiction in which the officer 

makes an appearance. 

SECTION 5. SEARCH WARRANTS 

Law enforcement officers making an arrest pursuant to this Agreement and as "special 

deputies" shall have such rights to conduct a search as may be permissible under 

applicable State or Federal law incident to a lawful arrest. 
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SECTION 6. CONFIDENTIALITY OF ARREST AND PROSECUTION 

INFORMATION 

In the event an arrest is made of an Indian by a Mountrail County law enforcement 

officer under Tribal law, any record ofthe arrest, including the citation, any evidence 

obtained, field notes taken, evidence provided at any phase ofthe criminal proceeding 

in Tribal Court or any other information about the arrest and prosecution of the Indian 

shall be kept confidential to the greatest extent possible and be maintained in such a 

manner so as not to violate any applicable governing law. 

SECTION 7. SUPERVISION 

Notwithstanding the provisions of Section 3, each person cross-deputized or 

commissioned as a "special deputy" and employed by: 

(I) The Uni led Stales shall al all times remain under the supervision of the United 

States; 

(2) The Three Affiliated Tribes shall at all times remain under the supervision ofthe 

Three Affiliated Tribes; and 

(3) The County ofMountrail shall be at all times under the supervision ofthe law 

enforcement officers of the County of Mountrail. 

In an emergency situation whereby the law enforcement officers employed by the 

Bureau ofTndian Affairs, the Tribe and the County of Mountrail cooperate in a joint 

police action, the officer in charge shall be the ranking officer the respective 

jurisdiction in which the joint operation is being conducted. 

SECTION 8. CROSS DEPUTIZATION COMMISSION 

Notwithstanding the provisions of Section 3, each person commissioned as a "special 

deputy" or law enforcement officer pursuant to this Agreement shall serve in such 

capacity at the pleasure ofthe cross-commissioning authority. The Sheriff of 

Mountrail County, the Bureau of Indian Affairs, and the Three Atnliated Tribes 

hereby consent to establish a Commission comprised of one representative from each 

ofthe three entities who shall meet at least once every three months, to perform the 

following tasks: 

(I) Evaluate the effectiveness ofthis Agreement, and the performance of the law 

enforcement officers pursuant to this Agreement, and to make recommendations 

for improvements that can be made to this cross-deputization Agreement; 
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(2) Establish minimum police standards and qualifications for all law enforcement 

officers who apply for "special deputy" status, and grant this status only to police 

officers who meet the minimum police standards and qualifications; 

(3) To suspend, revoke or take other appropriate action where warranted, following 

appropriate investigation, notice and hearing, regarding the "special depuly" 

status for any law enforcement officer; and 

(4) To hear any and all complaints ma<le by parties to this Agreement and take 

appropriate action including recommendations to the parties to this Agreement. 

(5) Ensure that all parties to this Agreement are kept apprised ofthe most current 

versions of applicable North Dakota and the laws of the Three Affiliated Tribes, 

including, but not limited to, the motor vehicle and criminal statutes ofNorth 

Dakota and of the Three Affiliated Tribes. 

SECTION 9. LIABILITY 

(1) For the purposes ofthe Federal Tort Claims Act, 28 U.S,C. §§2671-2680, law 

enforcement personnel commissioned by the United States, and law enforcement 

personnel commissioned and employed under the terms of a self--delermination 

contract entered into by the Tbree Affiliated Tribes pursuant to Public Law 101-

512, she11l be deemed to be employees ofthe Department of Interior and claims 

arising from their acts or omissions when carrying out the provisions of this 

Agreement shall be handled in accordance with the Federal Tort Claims Act. To 

the extent that the Federal Tort Claims Act does not provide coverage for liability 

arising from the acts and omissions of the law enforcement personnel 

commissioned by the United States a.n<l law enforcement personnel commissioned 

and employed under the terms of a selt~deterrnination contract entered into by the 

Three Affiliated Tribes pursuant to Public Law 101-512 when carrying out the 

provisions ofthis Agreement, such liability shall be limited to the extent provided 

in Tribal or state Jaw, as applicable. 

(2) The Sheriff of Mountrail County and his deputies, when carrying out the 

provisions of this Agreement, shall be deemed to be employees ofthe Department 

ofInterior and claims arising from their acts or omissions when carrying out the 

provisions ofthis Agreement shall be handled in accordance with the Federal Tort 

Claims Act. To the extent that the Federal Tort Claims Act does not provide 

coverage for liability arising from the acts and omissions of the Sheriff of 

Mountrail County and his deputies when carrying out the provisions of this 

Agreement, such liability shall be limited to the extent provided in Tribal or state 

law, a~ applicable. 
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(3) For the purposes ofthe North D'1kot" St,,te Tort Claims Act, the Sheriff of 

Mountrail County and his deputies and officers designated as "special deputies" 

(commissioned BIA and Tribal law enforcement officers) shall be deemed to be 

employees ofthe County ofMountrail acting within the scope oftheir 

employment when carrying out the provisions ofthis Agreement. 

(4) The Three Affiliated Tribes shall obtain adequate liability insurance for the 

actions ofits law enforcement personnel, or shall ensure that such insurance as is 

presently in effect is adequate, to the extent such law enforcement personnel are 

not considered employees ofthe United States pursuant to paragraph (I) ofthis 

Section when carrying out the provisions ofthis Agreement. However, any 

insurance policy obtained to fulfill the purposes ofthis subsection shall waive any 

right the insurance provider may have to raise as a defense the Tribe's soverei~'ll 

immunity from suit, provided that such waiver shall extend only to the claims the 

amount and nature ofwhich arc within the coverage and limits ofthe policy and 

shall not authorize or empower such insurance carrier to waive or otheiwisc limit 

the Tribe's sovereign immunity outside or beyond the coverage and limits ofthe 

policy ofinsurance in effect, Tt is understood by the parties that liability arising 

from the acts and omissions ofthe law enforcement personnel ofthe Three 

Affiliated Tribes, to the extend that such law enforcement personnel are nol 

considered employees ofthe United States pursuant to paragraph (I) ofthis 

Section, when carrying out the provisions ofthis Agreement shall be limited to 

the extent provided in Tribal or state law, as applicable. 

(5) The County ofMountrail shall obtain adequate liability insurance against the 

actions ofits law enforcement personnel, to the extent such law enforcement 

personnel are not considered employees ofthe County ofMountrail pursuant to 

paragraph (b) ofthis subsection, when carrying out the provisions ofthis 

Agreement, provided, however, that any insurance policy obtained to fulfill the 

purposes ofthis subsection shall waive any right it may have to raise as a defense 

such sovereign immunity from suit as the County ofMountrail may have, but 

such waiver shall extend only to claims the amount and nature of which are 

within the coverage and limits ofthe policy and shall not authorize or empower 

such insurance carrier to waive or otherwise limit such sovereign immunity as the 

County ofMountrail may have outside or beyond the coverage and limits of the 

policy ofinsurance. It is understood by the parties that liability arising ftom the 

acts and omissions ofthe Sheriff ofMountrail County and his deputies when 

carrying out the provisions ofthis Agreement shall be limited to the extent 

provided in Tribal or state law, as applicable. 

SECTION 10. SAVINGS PROVISIONS 

(I) Nothing in this Agreement shall be construed to affect or modify: 
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(a) The treaty and other rights of the Three Affiliated Tribes or its members; 

(b) The rights and responsibilities ofthe United States and the Three Affiliated 

Tribes, acting through its duly elected Tribal Business Council under Federal 

and Tribal law; 

(c) The jurisdiction ofthe United States and the Three Affiliated Tribes over the 

Fort Berthold Reservation, over member.; of the Three Affiliated Tribes, and 

over lands held in trust by the United States for the benefit ofthe Three 

Affiliated Tribes or its members; 

(d) The rights ofthe citizens ofthe United States and the State ofNorth Dakota 

under the United States Constitution, the North Dakota Constitution, or other 

applicable state, Federal or tribal law; 

(e) The rights and responsibilities ofthe Sheriff ofMountrail County, any of his 

deputies, or the State's Attorney for Mountrail County under state law; or 

(t) The jurisdiction of the State ofNorth Dakota over persons and lands not 

subject to the jurisdiction of the United States or the Three Affiliated Tribes, 

(2) Nothing in this Agreement shall be deemed an implied or expressed waiver of 

Tribal sovereign immunity against suit enjoyed by the Three Affiliated Tribes, 

except as expressly stated herein. 

(3) Nothing in this Agreement shall be construed to cede any jurisdiction of either of 

the parties, to waive any immunities, to modify the legal requirements for arrest 

or search and seizure or to otherwise modify the legal rights of any person, to 

accomplish any act violative oftribal, state or federal law or to subject parties to 

any liability to which they would not be subject by law. 

SECTION 11. REVOCATION OF THIS AGREEMENT. 

This Agreement may be revoked by any party to the Agreement upon thirty days 

written notice to the other parties. 

IN WITNESS WHEREOF, the Bureau oflndian Affairs, the Three Affiliated Tribes, acting 

through its duly elected Tribal Business Council, and the duly elected officials of 

Mountrail County have executed this Agreement. 

FOR THE UNITED STATES OF AMERICA: 

Dated this ___day of______, 2000. 
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By:_________________ 

Agency Superintendent 

Department of Interior, Bureau of Indian Affairs 

By:__________________ 

Chiefof Police, Fort Berthold Agency 

Bureau ofIndian Affairs 

By:-----------------

District I Commander, Otlice of Law Enforcement Services 

Bureau of Indian Affairs 

FOR THE THREE AFFILIATED TRIBES: 

Dated this ___ day of_______, 2000. 

By: _______________ 

Chainnan 

Three Affiliated Tribes 

FOR THE COUNTY OF MOUNTRAIL: 

Dated this ___day of_______, 2000. 

By:-----------------

Sheriff 

Mountrail County, North Dakota 

By: _____________ 

Chaim1an ofBoard ofCounty Commissioners, Mountrail County 

By: ________________ 

Auditor, Mountrail County