United States Departn1ent of the Interior 

BUREAU OF RECLAMATION 

Pacific Northwest Regional Office 

1150 North Curtis Road, Suite 100 

Boise, ID 83706-1234 

MAR O 5 2015 IN REl'LY REFER TO: 

PN-1010 

ADM - 1.10 

MEMORANDUM 

To: Director, Security, Safety, and Law Enforcement 

Attn: Bruce 

From: Lorri J 

Regio tor 

'1/...eeSubject: Memorandum of Understanding (MOU) between the Bureau of Reclamation and the 

Confederated Tribes of the Colville Reservation, Colville Tribal Police Department 

Thank you for your continued coordination with the Pacific Northwest Region (PN Region) 

regarding the delegation of Reclamation law enforcement authority to Colville Tribal law 

enforcement officers. The purpose of th€ delegation is to enhance protection of Reclamation 

lands, both acquired and withdrawn, and related projects located within the exterior boundaries 

of the Colville Indian Reservation. In January 2015, the PN Region communicated the subj,ect 

MOU to Chairman Boyd of the Collville Tribe for review and approval. 

Attached, you will find three original copies of the MOU with the Colville Tribe's approval and 

my approval. I am now seeking your review and approval. Upon your approval, please keep one 

hardcopy original for your files and return the other two originals to my office, attention Mr. 

Celestino (Tino) Tafoya. 

If you have any questions, please contact Mr. Rich Volpe, Special Agent, at 208-685-6925 or via 

email at rvolpe@usbr.gov. 

Attachments - 3 copies 

cc: PN-1010 (Tafoya), PN-3029 (Volpe), GCP-1000 (Smith) 
MEMORANDUM OF UNDERSTANDING 

BETWEEN THE 

BUREAU OF RECLAMATION 

AND THE 

CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, 

COLVILLE TRIBAL POLICE DEPARTMENT 

I. Purpose 

This Agreement prescribes the procedures and guidelines for designating law 

enforcement authority between the Bureau of Reclamation (Reclamation) and the 

Confederated Tribes of the Colvil'le Reservation (CCT), a federally recognized Indian 

Tribe by and through the Tribal Police Department. 

Nothing in this Agreement shall be construed to limit or restrict Tribal sovereignty or 

restrict the Tribes' ability to use Tribal, State, or other Federal law enforcement authority. 

Nothing in this agreement shall be construed to limit or restrict any State, local, or 

Federal law enforcement authority that may be exercised by any agency with appropriate 

jurisdiction. 

II. Authority 

Reclamation: Title 43 United States Code§ 373b and the implementing regulations 

found in Title 43 Code ofFederal Regulations Part 422 authorize Reclamation to delegate 

law enforcement authority to Tribal law enforcement officers to enforce Federal laws and 

regulations on Reclamation lands. 

CCT: The CCT Law and Order Code, Chapter 1-3, authorizes the Chief of Police to 

"insure cooperation with other law enforcement agencies" under the direction of the 

Colville Business Council. 

III. Statement of Mutual Interests and M utual Benefits 

Some Reclamation land, both acquired and withdrawn, and related projects are located 

within the exterior boundaries ofthe Colville Indian Reservation. Local law enforcement 

agencies have very limited resources and are therefore limited in their ability to regularly 

respond to, patrol, enforce laws, and best address public safety and/or conduct matters on 

these lands. 

Reclamation and the CCT have determined that delegation of Reclamation law 

enforcement authority to Colville Tribal law enforcement officers will enhance protection. 

of Reclamation lands and projects, thus being mutually beneficial, economical, and 

advantageous to the public interest. 
This Agreement confers Reclamation law enforcement authority to specific Colville 

Tribal law enforcement officers as designated enforcement officers to conduct routine 

law enforcement, perform investigations and response, as required and appropriate on 

Reclamation lands and projects, in.cidental to normal Colville Tribal Police activities on 

adjacent or nearby lands. 

This Agreement supports a cooperative goal of Reclamation and the CCT to enhance the 

protection of persons and property on Reclamation lands adjacent to and within the 

exterior boundaries ofthe Colville Indian Reservation. Reclamation and the CCT share a 

mutual interest in the application and enforcement of Federal laws and regulations that 

are established to maintain law and order and to protect natural and cultural resources, as 

defined in 43 CFR Part 423, as well as facilities located on these lands. Reclamation is 

accordingly authorizing designated Tribal law enforcement officers employed by the 

' CCT to enforce Reclamation laws, rules, and regulations on these Reclamation lands to 

accomplish this end. 

This is a non-reimbursable Agreement. No funding, of any kind, will be provided by the 

Reclamation to the CCT for actions related to the execution of this Agreement. Nor will 

any funding from the Bureau of Indian Affairs, provided through their 63 8 contract with 

the CCT, be used for actions related to the execution ofthis Agreement. 

IV. Definitions 

Reclamation Lands: Real property administered by the Secretary ofthe Interior, acting 

through the Commissioner ofReclamation, and includes acquired and withdrawn land 

and water surface areas under the jurisdiction of Reclamation (16 USC 460 1-32( 1 )). 

Reclamation Projects: Any water supply or water delivery project constructed or 

administered by the Bureau of Reclamation under the Federal Reclamation laws, and 

Acts supplementary thereto and amendatory thereof ((16 USC 4601 § 32(1)). · 

Colville Indian Reservation: Those lands within the boundaries ofthe reservation 

created by President Grant by Executive Order dated July 2, 1872, as amended, the 

jurisdictional status ofwhich is defined at Title ,t 8 United States Code § 1151. 

Violations in Progress: Violations that are encountered on Reclamation lands and 

projects, incidental to the normal duties ofthe designated law enforcement officer, or 

reported by a federal employee, contractor, a law enforcement agency, or the general 

public. 

Routine Law Enforcement: Regular or intermittent patrol work and response to law 

enforcement emergencies as conducted by designated law enforcement officers. 

2 
Law Enforcement Emergencies: Incidents involving an immediate threat to persons, 

property, or resources for which time is ofthe essence. 

Investigative Support and Law Enforcement Assistance: Law enforcement assistance 

or follow up to a law enforcement incident that is not routine law enforcement and is not 

in support of a law enforcement emergency. 

Chief Law Enforcement Officer (CLEO): The CLEO is defined at 43 CFR 422.2(e). 

For the purposes of this Agreement, the CLEO is the Chief, Colville Tribal Police 

Department. 

Regional Special Agent (RSA): The Reclamation regional position, which is 

responsible for the management of Reclamation's law enforcement program for the 

Pacific Northwest Region. 

Bureau Director of Law Enforcement and Director, Security, Safety and Law 

Enforcement: Reclamation's position, which is responsible for the management of 

Reclamation's entire law enforcement program. 

Tribal Law Enforcement Officers: Those individuals commissioned by the Chief of 

Police, Colville Tribal Police Department, to enforce tribal laws within the Colville 

Indian Reservation. 

V. Designation of Authority 

Reclamation authorizes the CCT to designate Tribal law enforcement officers to enforce 

Reclamation laws, rules, and regulations, now or hereafter in effect, on Reclamation 

lands and projects within the exterior boundaries of the Colville Indian Reservation 

pursuant to 43 CFR Part 422. 

The CCT agrees to designate Tribal faw enforcement officers to perform the following 

law enforcement duties on Reclamation lands and projects within the exterior boundaries 

ofthe Colville Indian Reservation as identified in attachment A: 

-

-

Routine law enforcement patrol. 

Response to violations in progress. 

Investigative support and law enforcement assistance. 

Response to law enforcement emergencies. 

VI. Procedures 

A. Routine Law Enforcement. No requests or approvals are required. 

3 
B. Violations in Progress. No requests or approvals are required. 

C. Investigative Support and Law Enforcement Assistance. A request must be made 

by Reclamation's Pacific Northwest RSA. 

D. Law Enforcement Emergencies. Requests for Colville Tribal law enforcement 

officers' response to law enforcement emergencies may be made by anyone. The 

RSA shall be notified as soon as practicable of any such emergencies. 

VII. Training and Incident Reporting 

A. Designated Tribal law enforcement officers will be provided training/briefing on the 

laws, regulations, policies, and procedures ofReclamation. 

B. All incidents reported by designated Tribal law enforcement officers on Reclamation 

lands will be reported to the RSA as soon as practical following the action, but no 

later than 24 hours after the incident. 

VIII. Requirements for Designation 

The CLEO is responsible for ensuring Colville Tribal law enforcement of1icers operating 

under the Agreement meet all the requirements for "Law Enforcement Authority at 

Bureau ofReclamation Projects," as outlined in 43 CFR Part 422. 

IX. Standard Provisions 

A. Neither party shall be liable to the other for any loss; damage, personal injury, or 

death occurring as a consequence of the performance of this Agreement, except as 

provided herein. 

B. No member of, or delegate to, Congress or State Official, shall be admitted to any 

share or part ofthis Agreement, or any benefit that may arise there from. 

C. During the performance of this Agreement the participants agree to abide by the 

terms of Executive Order 11246 of nondiscrimination and will not discriminate 

against any person because ofrace, color, religion, sex, age, disability or national 

origin. The participants will take affirmative action to ensure that applicants are 

employed without regard to their race, color, religion, sex, age, disability or national 

ongm. 

D. This Agreement does not apply on or within Reclamation lands and facilities outside 

of the boundaries ofthe Reservation unless Reclamation requests tribal law 

enforcement to respond to incidents on or within such lands and facilities. 

4 
E. This Agreement does not authorize use of the delegated Reclamation authority for the 

enforcement of any hunting, fishing, or boating on Reclamation lands, or areas under 

the administrative authority of Reclamation. 

X. Principal Contacts 

Bureau of Reclamation 

Richard A. Volpe Regional Special Agent (RSA) 

Bureau of Reclamation 

1150 N. Curtis Road, Suite, 100 

Boise, ID 83706-1234 

0: 208-685-6925 

C: 801-230-0328 

rvolpe@usbr.gov 

Confederated Tribes of the Colville Reservation 

Dustin Best Acting Chief of Police 

Colville Tribal Police Department 

Post Office Box 150 

Nespelem, WA 99155 

0: 509-634-2084 

C: 509-631-423 l 

Dustin.Best@colvilletribes.com 

These principal contacts are specific to position and duties, and not personal. In the 

absence of any named contact person, the official contact responsibility shall 

automatically transfer, for the purpose of this Agreement, to the acting or new incumbent 

in the position unless othernrise designated by the contact's agency. Each agency will 

inform the other in a timely manner of changes in principal contacts. 

XI. Designated Law Enforcement Officer List 

The CLEO will provide a list of Tribal law enforcement officers approved to operate under this 

Agreement to the RSA, within 60 days of execution of this Agreement. This list will be updated 

as appropriate. Upon request, Reclamation shall be provided with all documents associated with 

the CLEO's determination that the officers on this list have complied with the requirements in 43 

CFR Part 422. 

XII. Effective Date, Modifications and Amendments, and Termination 

This Agreement shall be effective from the date of execution and shall remain in effect until 

terminated. This Agreement may be terminated unilaterally by means of a 30-day written notice 

by either party to the other formally advising the other of the decision to terminate. This 

Agreement may also be modified or amended upon written notice to either party from the other 

and effective immediately upon written concurrence by the party notified. 

5 
XIII. Approved: 

Bureau of Reclamation 

Regional Director, Pacific Northwest Region 

3-s-1~ 

Date 

ruce fuller, Jr. 

Director, Security, Safety and Law Enforcement 

2-) 3-15 ,o\ 

\.~'ti Ji oyd Date 

t>-c; Chairman, Colville Business Council 

6 
""-, Law Enforcement Service Contract Area 

~ Law Enforcement MOU Area 

This reference graphic is intended for lnforrnaLional 

purposes only. It is meant to assist in feature location 

relative to other landmarks. Features may have been 

intentionally simplified in an attempt to provide 

a more readable product. 

Gran eouleq 

Colville Indian Reservation 

Elec~City - ~ 

I " ) 

Law Enforcement Boundary -Attachment "A" 

Law Enforcement Boundary for Memorandum of Understanding 

Between U.S. Bureau of Reclamation and Colville Confederated Tribes 

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