MEMORANDUM OF AGREEMENT 

This Memorandum ofAgreement is executed thisl!!__ day of February, 2002, by and 

between the SHOSHONE-BANNOCK TRIBES, hereinafter "TRIBES," acting by and through 

the Chai1man ofthe Fort Hall Business Council, and the POWER COUNTY SHERIFF'S 

OFFICE, consisting of the Sheriff and his deputy officers, and the POWER COUNTY 

PROSECUTING ATTORNEY, hereinafter "POWER COUNTY." 

WHEREAS, the State ofldaho, acting pursuant to a federal law known as Public Law 

280 (Public Law 83-280, 67 Stat. 589), enacted Idaho Code Sections 67-5101 through 67-5103 in 

1963, by which the State acquired jurisdiction to enforce State civil and criminal laws on the Fort 

Hall Indian Reservation, hereinafter "Reservation," concerning the operation and management of 

motor vehicles, by Indians, upon highways and roads maintained by the county or State or 

political subdivisions thereof; and 

WHEREAS, POWER COUNTY and the TRIBES by execution of this agreement 

designate that the highways and roads maintained by the County or State for purposes of this 

agreement are those highways and roads that are currently being maintained by the County or 

State; and 

WHEREAS, by virtue ofldaho Code Section 67-5102 the State's assumption oftraffic 

jurisdiction within the Reservation was expressly declared to be "concurrent (and not exclusive) 

with jurisdiction in the same matters existing in tribes or the federal government;" and 

WHEREAS, the Idaho State-Tribal Relations Act, Idaho Code Sections 67-4001 through 

67-4003, enacted in 1984, authorizes the State and it political subdivisions and public agencies as 

defined by Idaho Code Section 67-2327, including POWER COUNTY, to execute 

MEMORANDUM OF AGREEMENT - I 
intergovernmental agreements with designated Indian tribes, including the TRIBES, to provide 

for joint or concurrent exercise ofjurisdictional powers consistent with Idaho Code Sections 67-

5101 and 67-5102; and 

WHEREAS, by virtue of inherent, retained sovereign powers of the TRIBES and by 

virtue of Article VI, Section l(a) ofthe TRIBES' 1936 Constitution,_the Fort Hall Business 

Council, acting on behalf of the TRIBES, is empowered to execute intergovernmental 

agreements with the state and its political subdivisions, including POWER COUNTY; and 

WHEREAS, POWER COUNTY'S jurisdiction to enforce State traffic laws against 

Indians and non-Indians upon Reservation highways and roads maintained by the State or County 

is concurrent with the TRIBES' jurisdiction to enforce civil Tribal traffic laws against Indians 

and non-Indians upon such Reservation highways and roads; and 

WHEREAS, POWER COUNTY and the TRIBES possess independent authority to 

execute an intergovernmental agreement concerning the exercise of concurrent traffic law 

jurisdiction on the Reservation; and 

WHEREAS, in order to coordinate traffic law enforcement involving Indians on the Fort 

Hall Indian Reservation and to provide enrolled members of the Shoshone-Bannock Tribes and 

other Indians with the option of proceeding through the Shoshone-Bannock Tribal Court system 

when cited by POWER COUNTY law enforcement officers for on-Reservation traffic infractions 

or misdemeanors; and 

WHEREAS, POWER COUNTY expressly states that nothing stated in this agreement is 

to be construed as a waiver of any of POWER COUNTY'S concurrent traffic-related jurisdiction 

in accordance with Idaho Code§§ 67-5102 through 67-5103 over persons who travel on state and 

MEMORANDUM OF AGREEMENT - 2 
county maintained roads within Power County, and that this agreement is entered into solely for 

the purpose of achieving a temporary solution to jurisdictional conflicts on Fort Hall Indian 

Reservation roads until a permanent solution can be achieved; and 

WHEREAS, the TRIBES expressly state that nothing stated in this agreement is to be 

construed as a waiver of any of the TRIBES' inherent powers as a sovereign tribal government 

under the 1868 Fort Bridger Treaty or any other provision of law or a consent to jurisdiction 

greater tha., provided by existing law, and that this agreement is entered into solely for the 

purpose of achieving a temporary solution to jurisdictional conflicts on Fort Hall Indian 

Reservation roads until a permanent solution can be achieved. 

THEREFORE, the POWER COUNTY SHERIFF the POWER COUNTY 

PROSECUTING ATTORNEY (together "POWER COUNTY"), and the TRIBES hereby 

mutually agree as follows: 

1. Whenever a POWER COUNTY SHERIFF'S OFFICE officer intends to issue an 

infraction notice or misdemeanor citation to a member of the Shoshone-Bannock 

Tribes or other Indian for violation of a State traffic law upon highways and roads 

maintained by the County or State within the Fort Hall Indian Reservation, the 

POWER COUNTY SHERIFF'S OFFICE officer shall advise the affected person, 

at the time of issuing the infraction notice or misdemeanor citation, of that 

person's option to elect to have the infraction or misdemeanor processed through 

the Shoshone-Bannock Tribal Court, hereinafter "Tribal Court." 

MEMORANDUM OF AGREEMENT - 3 
2. This option to proceed in Tribal Court upon an infraction notice or misdemeanor 

citation shall be made available by a POWER COUNTY SHERIFF'S OFFICE 

officer to any person who is an enrolled member ofthe TRIBES or who is able to 

establish status as a federally-recognized Indian. Any enrolled member ofthe 

TRIBES shall be required to produce in the field a current Tribal enrollment card 

upon request of a POWER COUNTY SHERIFF'S OFFICE officer ifsuch 

member indicates a desire to exercise the option to proceed through the Tribal 

Court. An individual claiming to be a federally-recognized Indian shall be 

required to produce in the field current and valid Tribal identification if such 

person indicates a desire to exercise the option to proceed through the Tribal 

Court. 

3. The option to proceed through the Tribal Court upon an infraction notice or 

misdemeanor citation shall be made available whenever the traffic infraction or 

misdemeanor under State law also constitutes a violation of any applicable Tribal 

traffic law or whenever Tribal law permits the assimilation or incorporation of 

State traffic infractions or misdemeanors as Tribal traffic violations. The 

POWER COUNTY SHERIFF'S OFFICE and POWER COUNTY 

PROSECUTING ATTORNEY and the TRIBES shall cooperate to prepare an 

appropriate list of applicable State and Tribal laws for ready and convenient use 

by POWER COUNTY SHERIFF'S OFFICE officers in the field. 

4. The POWER COUNTY SHERIFF'S OFFICE and POWER COUNTY 

PROSECUTING ATTORNEY and the TRIBES shall cooperatively develop a 

MEMORANDUM OF AGREEMENT - 4 
brief form for use in the field by POWER COUNTY SHERIFF'S OFFICE officers 

that clearly explains the option to proceed through the Tribal Court upon a traffic 

infraction notice or misdemeanor citation issued by POWER COUNTY 

SHERIFF'S OFFICE officers within the Fort Hall Indian Reservation. This 

notification form shall be signed by the affected Tribiil member or other Indian, 

and it shall indicate whether the affected person desires to proceed on the 

infraction or misdemeanor through the Tribal Court. A copy of this notification 

form shall be given to the concerned Tribal member or other Indian in the field by 

a POWER COUNTY SHERIFF'S OFFICE officer at the time an infraction notice 

or misdemeanor citation is issued. 

5. Ifan enrolled member of the TRIBES or other Indian elects to proceed through 

the Tribal Court, then the POWER COUNTY SHERIFF'S OFFICE shall promptly 

thereafter forward to the Clerk of the Trial Court both a copy of the infraction 

notice or misdemeanor citation and a copy of the signed notification form 

evidencing exercise of the option to proceed through the Tribal Court. A police 

report shall not be required to be filed with the Tribal Court until such time as the 

tribal member or other Indian pleads not guilty and a trial is scheduled. 

6. If an enrolled member of the TRIBES or other Indian does not produce an 

enrollment card or other proof ofIndian identity at the time of a traffic stop and 

the POWER COUNTY SHERIFF'S OFFICE officer may cite the Indian into state 

court. Thereafter, the Indian may request that the Prosecuting Attorney transfer 

the infraction or misdemeanor case to the Tribal Court. The POWER COUNTY 

MEMORANDUM OF AGREEMENT - 5 
SHERIFF'S OFFICE and POWER COUNTY PROSECUTING ATTORNEY 

shall not oppose a timely request for transfer to the Tribal Court where sufficient 

proof ofIndian identity is established. 

7. Promptly upon receipt of an infraction notice or misdemeanor citation and a 

signed notification form, the Clerk of the Tribal court shall set a date and time for 

appearance by the Indian defendant in the Tribal Court on the traffic infraction or 

misdemeanor. POWER COUNTY SHERIFF'S OFFICE officers shall cooperate, 

as necessary, in the hearing or trial on any contested infraction or misdemeanor 

including appearance as witnesses in the Tribal Court. 

8. The TRIBES shall make a special effort to see that POWER COUNTY 

SHERIFF'S OFFICE officers do not have to unnecessarily spend time in making 

appearances in Tribal Court in support of infraction or misdemeanor cases 

referred to Tribal Court. 

9. Upon final disposition of an infraction or misdemeanor filed in the Tribal Court 

by a POWER COUNTY SHERIFF'S OFFICE officer the Clerk ofthe Tribal 

Court shall give prompt written notification to the POWER COUNTY 

SHERIFF'S OFFICE officer who issued the infraction notice or misdemeanor 

citation ofthe final disposition ordered by the Tribal Court. 

10. The Clerk of the Tribal Court shall also send written notification of the final 

disposition to the Idaho Department of Transportation so that the infraction or 

misdemeanor violation may be included in the official driver records maintained 

by the State ofIdaho. 

MEMORANDUM OF AGREEMENT - 6 
11. All fines and penalties assessed in infraction and misdemeanor cases referred to 

Tribal Court by POWER COUNTY SHERIFF'S OFFICE officers shall remain in 

the Tribal Court.system, unless specifically ordered to be otherwise disbursed by a 

Tribal Court Judge. 

12. In any case where an POWER COUNTY SHERIFF'S. OFFICE officer is involved 

in investigating or apprehending an Indian for a traffic offense, occurring on a 

state or county maintained road or highway on the Fort Hall Indian Reservation, 

which involves a serious injury, a fatality, or other aggravating circumstances, the 

case shall be referred to federal authorities for prosecution under the Indian Major 

Crimes Act or the Indian Country Crimes Act (including the Assimilative Crimes 

Act). The case shall also be referred to the prosecutor for the Shoshone-Bannock 

Tribes since prosecution by both federal and tribal authorities does not constitute a 

violation of constitutional protections against Double Jeopardy according to 

United States v. Wheeler, 435 U.S. 313 (1978). If federal authorities decline 

prosecution of the case, then the POWER COUNTY SHERIFF'S OFFICE officer 

may refer the case to prosecuting authorities for the State ofldaho. 

13. The TRIBES agree that the Power County Sheriffs Office and the Idaho State 

Police shall have the primary responsibility for traffic patrol on I-86. The 

POWER COUNTY SHERIFF'S OFFICE, the Idaho State Police, and the FORT 

HALL POLICE DEPARTMENT shall have concurrent responsibility for 

patrolling the Arbon Highway and Big Sky Subdivision and the roads contained 

therein. However, in the event of a non-Tribal member is stopped by a Tribal 

MEMORANDUM OF AGREEMENT - 7 
officer on these roads, the officer will either contact a Power County Sheriffs 

Deputy immediately to handle the traffic stop or cite the individual into the Power 

County Court. 

14. The TRIBES agree to compensate POWER COUNTY SHERIFF'S OFFICE 

deputies for mileage at the then- current State-approved rate, regular hourly wage, 

and overtime when applicable. Likewise, in the event a TRIBAL officer is 

required to testify in a matter brought before the State courts in POWER 

COUNTY, the Prosecuting Attorney's office shall pay like expenses and 

compensation for witness fees. 

15. The TRIBES pledge to immediately undertake a thorough review of all Tribal 

laws relating to traffic infractions and offenses for the purpose of identifying ways 

of improving and updating traffic law enforcement. Additionally, the TRIBES 

agree to make reasonable efforts to establish an effective manual or computer 

reporting system for communicating with the State ofldaho's traffic citation 

reporting system. The TRIBES furthermore agree to record and report all traffic 

citation dispositions of TRIBAL members referred under this Agreement on their 

internal computer system and the State ofldaho's system to facilitate consistent 

treatment oftraffic law offenders between and among agencies and entities. 

16. The TRIBES and POWER COUNTY agree that they will facilitate 

communication between law enforcement authorities and agencies to better 

facilitate appropriate and consistent prosecution of criminal offenders. 

Specifically, the TRIBES agree that in the case of violation of a felony DUI 

MEMORANDUM OF AGREEMENT - 8 
statute or other provisions of traffic-related law serious enough to warrant 

punishment in excess of that authorized by the Shoshone-Bannock Law and Order 

Code, Tribal law enforcement authorities will consult with Federal authorities and 

the Power County Prosecuting Attorney's office to determine fair and appropriate 

prosecution of such violations under applicable law .. 

17. The parties to this Memorandum of Agreement shall only be liable for the actions 

of their own employees. Nothing contained herein shall be construed as creating 

an agency relationship between the parties as a basis for establishing liability. 

18. The parties to this Memorandum of Agreement will administer this agreement and 

no separate entity is created to administer the agreement 

19. The parties to this Memorandum of Agreement will finance the administration of 

this agreement through their respective regular budgets, and no additional or 

separate budget is established. 

20. This agreement shall not be construed to prevent prosecutions consistent with 

United States v. Wheeler, 435 U.S. 313 (1978). 

21. This Memorandum of Agreement shall be in effect for a period of one (1) year 

from the date of its execution, and it may be extended thereafter by written mutual 

consent of the parties. The POWER COUNTY SHERIFF'S OFFICE, the 

POWER COUNTY PROSECUTING ATTORNEY, and the TRIBES may at any 

time revise or amend the Memorandum ofby written mutual consent 

22. This Memorandum ofAgreement shall be executed in duplicate originals, with 

one original to be retained by each party hereto. 

MEMORANDUM OF AGREEMENT - 9 
TRIBES 

by 

ci!uiif~o 

POWER COUNTY SHERIFF'S DEPT. 

by 

Fort Hall Business Council 

Date signed: 3⁄4bn,tvi.r I~c[tZ.. Date signed: ~&!Q-0.2. 

POWER COUNTY 

PROSECUTING ATTORNEY 

tS~G~.~cs, 

Date signed: -Z... ( -z._ I 7~--

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MEMORANDUM OF AGREEMENT - 10