2021 

AMENDED COOPERATIVE LAW 

ENFORCEMENT AGREEMENT 

Between 

SAWYER COUNTY 

SAWYER COUNTY SHE-RIFF'S OFFICE 

and the 

LAC COURTE OREILLES BAND OF 

LAKE SUPERIOR CHIPPEWA INDIANS 
TABLE OF CONTENTS 

I. TITLE AND AUTHORITY 

II. MISSION STATEMENT 

Ill. PROGRAM ELEMENTS 

A. Program Description 

B. Need for funding 

C. Administration and Disbursement 

D. Law Enforcement Services 

E. Supervision and Control 

F. Program Input 

G. Deputizing, Training, Insurance and Hiring 

H. Records and Data Collection 

I. Miscellaneous Provisions 

IV. EXHIBITS 

1. Resolution of County 

2. Resolution of Tribe 

3. DOJ Grant Preliminary Data 

4. LCO Population Report 

5. County Crime Statistics and 2021 Proposed Budget 

6. Tribe Crime Statistics 

7. MOU for Jail Services 

8. Job Description 

9. Sawyer County Workforce & Economic Profile 

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ARTICLE I 

TITLE AND AUTHORITY 

This amended Cooperative Law Enforcement Agreement ("Agreement") is made 

effective as of this __ day of February, 2021 between the Lac Courte Oreilles Band of 

Lake Superior Chippewa Indians (the "Tribe"), an inherently sovereign Indian Tribe 

organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 US.C. 

Sec 461 et seq., and Sawyer County, a political subdivision of the State of Wisconsin, 

duly organized as a County under state law (the "County"); and Sawyer County Sheriff's 

Office (the "Sheriff's Office"), collectively referred to as the "Parties," and each is a 

"Party." 

The County is authorized to enter into this Agreement pursuant to Wis. Stat. § 

165.90 and properly approved this Agreement with adoption of the attached Resolution, 

as required by Wis. Stat.§ 59.54(12) (See Exhibit 1-County Resolution). The Tribal 

Governing Board, as the governing body of the Tribe, is autho~ized to enter into 

agreements, including this Agreement, with other governmental bodies, including "with 

any County" pursuant to Article V, Section 1 (c) of the Constitution and Bylaws of the 

Tribe and properly approved this Agreement with adoption of the attached Resolution 

(See Exhibit 2-LCO Resolution). This Agreement is in the nature of an enforceable 

contract and a cooperative County-Tribe law enforcement program under Wis. Stat§ 

165.90 

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ARTICLE II 

MISSION STATEMENT 

The Tribe and the County wish to promote the general welfare of all residents of 

Sawyer County; by providing improved law enforcement coverage thereby increasing 

their ability to protect life and property; to preserve the public peace and to maintain 

order, with focus on the Tribe's Reservation. Continued funding of the Program, as 

described in Article Ill of this Agreement, is necessary for the Tribe and the County to 

achieve this Mission Statement. 

[This space intentionally left blank] 

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ARTICLE Ill 

PROGRAM ELEMENTS 

A. PROGRAM DESCRIPTION 

The cooperative law enforcement program between the Tribe and the County will 

provide the necessary funding (salary, fringe, equipment) for the County to employ parttime Deputies (the "County-Tribe Deputies").The County-Tribe Deputies will be 

deputized to enforce the laws of the State of Wisconsin (the "State") and the County; 

work within the Tribe's Reservation; enforce State and County laws, along with the laws 

of the Tribe; and fulfill the duties and obligations as specified in Article 111, Section D of 

this Agreement (collectively the "Program"). In any case, as is noted in Section D, over 

the first three months of this Agreement, the Sheriffs Department and the Tribe will 

work together to establish and implement an efficient system for all county deputies 

from that point on to properly refer all civil violations/citations occurring on the 

reservation to the tribal court. The Parties agree that referrals may not be able to be 

made to the tribal court in two specific instances related to civil violations accompanying 

criminal violations and a first OWi. If a civil violation accompanies a criminal violation, 

that matter may be · sent to County Court, if reasonably necessary to accompany 

criminal violations. Also, in relation to a first OWi, if a Tribal Officer is not available to 

handle the referral at the time of the stop, the matter may be sent to Sawyer County 

Court. Both of these exceptions shall not impair the offender's ability to request a 

transfer to tribal court for any civil violation, including a first OWi. As used in this 

Agreement, the "Tribe's Reservation" refers to the territory described in Article I, Section 

1 of the Amended Constitution and Bylaws of the Tribe, in addition to all other land that 

qualifies as Indian country pursuant to 18 U.S.C. 1151. 

The County and the Tribe will administer the Program within Sawyer County, 

which is the fifth largest in the State with an area of 1,256 square miles. The population 

of Sawyer County was 16,558 in 2020, an increase from 2019. (See Exhibit 3-DOJ 

Grant Preliminary Data) Specifically, the Program will continue to serve the Tribe's 

Reservation, which is approximately 78,045 acres and has 412 miles of County and 

State roads. The Tribe currently has 7,987 enrolled Tribal Members of which 2,567 

Members reside on the reservation. (See Exhibit 4-LCO Population Report). 

The number of Tribal Members continues to increase. Members and their 

families continue to return from metropolitan areas across the country. It is important to 

note that this has contributed to ongoing alcohol/drug abuse problems on the 

reservation. The Tribe alone is unable to adequately address these law enforcement 

concerns. 

B. NEED FOR FUNDING 

The County-Tribe Deputy will continue to work closely with members of the 

Tribe's Law Enforcement Department to deter and solve crime on the Tribe's 

Reservation. The size and unique nature of Sawyer County, the grant of jurisdiction 

under Public Law 280, staffing and funding limitations of the Sheriffs Office and the 

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Tribe's Law Enforcement Department and increased crime all justify continued funding 

of the Program. 

Sawyer County is a high tourism area. Visitors travel to Sawyer County for 

numerous reasons, including fishing, skiing, golfing, biking, motor sports and other 

outdoor activities and events. At peak times, the population will double or triple. The 

large number of tourists contributes to increased calls for all law enforcement agencies. 

The Tribe and the Sheriffs Office have identified increased youth crime rates, 

methamphetamine abuse, heroin abuse, opioid abuse, alcohol and other drug abuse, 

domestic violence and gang related activity as some of the most urgent law 

enforcement problems within the Tribe's Reservation. Sheriffs Office records indicate a 

significant number of crime complaints in Sawyer County (See Exhibit 5-SWSO Crime 

Statistics). In addition, the Lac Court Oreilles Tribe's records indicate a significant 

number of crime complaints on the LCO Reservation (See Exhibit 6- LCO PD Crime 

Statistics). It should be noted that Exhibits 5 and 6 relating to crime statistics, and the 

additional materials provided therein, are included in the reporting requirements of Wis. 

Stat. 165.90·(4)(b). 

On August 16, 1991, the State Governor and the Chairman of the Tribe signed 

the first gaming compact between the State and the Tribe, which authorized casinostyle class Ill games. The Tribe continues to work hard to expand its gaming market. 

The number of people who travel to the Tribe's Reservation to visit its gaming 

establishment continues to increase. The need for additional law enforcement 

personnel increases with the number of people in the area. 

Public Law 280 mandates that the State, through its counties, provide law 

enforcement services to Indian country in Wisconsin. The County must pay for these 

services on the Tribe's Reservation out of its funding sources, including the tax base. 

Since the Tribe's Reservation generally is exempt from state and local property taxation, 

it generally does not add to the property tax base to pay for County law enforcement. 

Therefore, Public Law 280 puts an added burden on the County without supplying 

funding to offset the additional burden. The County simply is unable to provide law 

enforcement needed on the Tribe's Reservation without additional funding. To 

compound the problem, the application of Public Law 280 to the Tribe's Reservation has 

hindered the Tribe's efforts to secure adequate law enforcement funding from federal 

sources. 

The Sheriffs Office has a staff that currently includes only eighteen ( 18) full-time 

Patrol Deputies and two (2) Investigators. The Sheriffs Office provides· 24-hour 

coverage seven days per week for the County, the fifth largest in the State with an area 

of 1,256 square miles. In doing so, the Sheriff's Office provides law enforcement 

coverage to the Tribe's Reservation as required under Public Law 280 and responds to 

all calls when there are no Tribal Deputies on-duty. In addition, the Sheriffs Office 

provides backup for Tribal Deputies during potentially dangerous calls for service. 

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It is a challenge for the Sheriff's Office to provide adequate law enforcement 

coverage throughout the entire County. On a normal shift, three Patrol Deputies, 

including a Supervisor, are working. This number may be lower depending on vacation 

schedules and sick days. The County-Tribe Deputies devoted to the Reservation will 

continue to alleviate the burden on the understaffed Sheriff's Office, allowing the 

Sheriff's Office to increase law enforcement activities within the off-reservation portion 

of the County and provides for a quicker response time on the LCO Reservation. 

In 2004, in an effort to provide additional law enforcement to the residents of the 

Tribe's Reservation, the Tribe established and funded a Law Enforcement Department, 

which currently includes seven (7) full-time Officers and two (2) part-time Officers. The 

LCO Tribe estimates that for 2021, the Law Enforcement Department will have 

significant revenue shortfall of approximately $200,000.00 unless it secures significant, 

additional outside funding sources. 

With its limited staff, the Tribe's Law Enforcement Department strives to provide 

24-hour coverage seven days a week, but on occasions, such as vacation time or 

officer's sick leave, no Tribal Officer is on duty. 

The County-Tribe Deputies funded under the Program will continue to work 

closely with members of the Tribe's Law Enforcement Department to deter and solve 

crime on the Tribe's Reservation and will serve to build increased cooperation between 

the various law enforcement agencies. In this regard, it is important to note tha~ the 

Tribe and the County have worked hard to cooperate in many areas, including in the 

area of law enforcement, for the benefit of County residents. 

For example, 

On .)anuary 28, 2020, as a result of an LCO Police Department investigation into 

illegal drug activity, Sawyer County Deputies assisted the LCO Police Department in the 

execution of a search warrant on a residence suspected of trafficking illegal drugs. As a 

result, an individual was arrested and charged with Possession of Heroin with Intent to 

Manufacture/Deliver. · 

On August 27, 2020, Sawyer County Deputies responded to a drug overdose on 

the LCO Reservation that resulted in the death of a young female. Through joint 

investigations and evidence collection, authorities were able to arrest the individual that 

provided the illegal drugs to the victim . The individual was charged and later convicted 

of 1st Degree Reckless Homicide/Deliver Drugs. 

On September 26, 2020 Sawyer County Deputies responded to the scene of a 

residential structure fire on the LCO Reservation. Once the fire was extinguished it was 

determined the fire was suspicious in nature resulting in an investigation. Through 

cooperative efforts of the Sawyer County Sheriff's Office and the LCO Police 

Department, the scene was secured until special agents from the State Department of 

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Criminal Investigation arrived. The fire was most likely started due to arson and the 

investigation is currently active. 

Currently the Sawyer County Sheriffs Office is assisting the LCO Police 

Department in locating a missing person. The joint efforts to locate the individual 

include aerial searches, interviewing possible witnesses and investigating information 

that may lead to the persons whereabouts. As of this writing the subject remains 

missing. 

However, even with these types of activities, drug activity continues to be most 

significant in Sawyer County and on the Tribe's Reservation. With on-going arrests and 

joint investigations, the drug abuse, most significantly methamphetamine and opioid 

abuse in Sawyer County continues to grow at an alarming rate. The County-Tribe 

Deputies will continue to serve an important role in deterring and addressing these 

activities. In 2020 to date, there have been twelve (12) drug related deaths in Sawyer 

County. The heroin and methamphetamine epidemic in Sawyer County remain a 

significant problem in Sawyer County and on the LCO Reservation. 

The 2021 proposed cost for the Program is Fifty Thousand, Four Hundred 

Seventy-Seven and 00/100 ($50,477), with a combined base salary cost for part-time 

County-Tribe Deputies and Dispatchers of Fifty Two Thousand and 00/100 ($52,000), 

including fringe benefits (See Exhibit 5- 2021 Proposed Budget). The remaining costs 

identified in the 2021 Proposed Budget are usual and necessary costs incident to the 

position and are estimates based upon past amounts and projected future increases. 

C. ADMINISTRATION AND DISBURSEMENT 

The County will administer the funds received under the Program for the CountyTribe Deputies, including all costs identified in Exhibit 5-2021 Proposed Budget. The 

County shall disburse funds in accordance with its normal payroll and expense 

reimbursement practices. At the end of any Program year, any remaining fund balance 

will be used for jail space in accordance with the Memorandum of Understanding for Jail 

Services between the Tribe, County and Sheriff's Office (See Exhibit 7-MOU) or shall be 

distributed to the Tribe for its use solely for law enforcement purposes, as determined 

by the Tribe. 

D. LAW ENFORCEMENT SERVICES 

Nothing in this Agreement will limit, in anyway, the obligation of the Sheriffs 

Office under Public Law 280. Therefore, the Sheriff's Department will continue to 

provide law enforcement on the Tribe's Reservation and without limitation, will respond 

to calls for assistance by the County-Tribe Deputies to assist in enforcing State, County 

and Tribal laws on the Tribe's Reservation. Over the first three months of this 

Agreement, the Sheriff's Department and ' the Tribe will work together to establish and 

implement an efficient system for all county deputies from that point on to properly refer 

all civil violations/citations occurring on the reservation to the tribal court. Consistent 

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with this, the County-Tribe Deputies will work within the Tribe's Reservation; enforce 

State criminal laws, along with the laws of the Tribe; and fulfill the following duties in 

addition to those stated in (Exhibit 8-Job Description): 

1. Enforce State criminal laws, codes and ordinances on the Tribe's Reservation in 

the capacity of Deputy Sheriff. All non-criminal citations will be referred to Tribal 

Law Enforcement to be filed in Tribal Court. 

2. Refer all violations of Tribal laws, codes and ordinances on the Tribe's 

Reservation to Tribal Law Enforcement. 

3. Patrol the Tribe's Reservation to provide a law enforcement presence to deter 

crime and perform duties of a patrol officer. 

4. Enforce court orders of the County and the Tribe. 

5. Appear in the courts of the County and the Tribe. 

6. Respond to accidents, including administering first aid, completing accident 

reports and issuing citations. 

7. Investigate crime on the Tribe's Reservation, including violent domestic abuse, 

child abuse and neglect, vandalism, burglaries, property crimes, substance 

abuse and elder abuse. 

8. Investigate complaints on the Tribe's Reservation and refer to appropriate 

agencies. 

9. Patrol and respond to calls on the Tribal Reservation and assist other law 

enforcement agencies outside of the Tribal Reservation only when necessary. 

10. The Sheriff and/or designee will report to the Tribe on a quarterly basis to 

account for the officer's time and statistical information as agreed and be 

available for meetings with the Tribe as reasonably requested. 

11 . The Sheriff and/or designee will be available to attend Public Safety Committee 

meetings as requested by the Tribe. 

12. When requested, the Sawyer County Truancy Deputy will assist with programs in 

the Tribe's LCO Ojibwe School-Waadookodaading and Hayward schools to 

implement juvenile intervention programs and promote a greater understanding 

between youth and law enforcement. 

13. Provide crime prevention assistance to persons living on the Tribe's Reservation, 

as well as the Tribe and its programs and enterprises. 

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14. The Sheriff and/or designee will act as liaison between the governments of the 

County and the Tribe. 

E. SUPERVISION AND CONTROL 

The County Sheriff, and/or designee, shall supervise and control the CountyTribe Deputies in the performance of all duties, including scheduling work hours, data 

reporting, and maintenance and handling of evidence. On scheduled workdays and 

times, the County-Tribe Deputies shall report to the County Sheriff. 

The County Sheriff, and/or designee, shall use his best efforts to schedule the 

County-Tribe Deputies to work on dates and times that will provide coverage to the 

Tribe's Reservation during periods when the Tribal Deputies are not scheduled. The 

County Sheriff, and/or designee, and the Tribe shall periodically conference to discuss 

scheduling requirements. 

F. PROGRAM INPUT 

The Program provides for coordination between the County and the Tribe 

regarding law enforcement within the Tribe's Reservation through the consistent and 

active presence of the County-Tribe Deputies within the Tribe's Reservation. When 

requested, the County-Tribe Deputies shall prepare and provide to the Tribal Governing 

Board and the LCO Public Safety Commission a monthly report detailing activities. In 

addition, the County-Tribe Deputies, County Sheriff, and/or designee and Public Safety 

Committee·shall meet with the Tribe upon reasonable request to discuss the Program. 

G. DEPUTIZING, TRAINING, INSURANCE AND HIRING 

The County-Tribe Deputies are subject to the minimum qualifications stated in 

this Section G, including the willingness of the County Sheriff to deputize such person. 

The County will provide all bonding, liability, worker's compensation, vehicle and all 

additional required insurances and shall provide the Tribe with written proof of such 

coverage upon request of the Tribe. The County wi.11 provide all necessary training to 

the County-Tribe Deputies. 

There will be reasonable efforts to hire Tribal members in accordance with the 

tribal preference policy of the Tribe pursuant to 14 LCOTCL §1.402. 

The Sheriffs Office will use its best efforts to provide law enforcement coverage' 

to the Tribe's Reservation during times the regularly scheduled LCO Tribal Police are on 

vacation, holiday, sick, disability or other leave. 

The Sawyer County Sheriffs Office will utilize the County approved testing, 

screening and selection procedures to-develop a list of qualified personnel to provide 

law enforcement coverage to the Tribe's Reservation. 

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The Tribe and County agree that the County-Tribe Deputies must meet the 

following minimum qualifications prior to employment: 

1. Shall be over the age of 18; 

2. Shall possess a high school diploma or the equivalent; 

3. Shall possess a valid Wisconsin driver's license; 

4. Shall not have been convicted of any state or federal felony crimes; 

5. Shall be free of any physical, emotional or mental condition that may adversely 

affect the performance of duties; 

6. Shall be of good moral character; 

7. Shall have completed basic police recruit academy and be certified by the State 

of Wisconsin as a police officer; and 

8. Shall be deputized by the County Sheriff after satisfying the above standards and 

shall meet all requirements of the Wisconsin Training and Standards Bureau to 

maintain their certification as a Wisconsin Law Enforcement Officer. 

H. RECORDS AND DATA COLLECTION 

The County-Tribe Deputies will prepare, complete and maintain records and data 

in accordance with applicable policies, procedures and practices of the Sheriff's Office. 

The Sheriffs and/or designee will maintain the County-Tribe Deputies original 

records of incidents, complaints, violations and relevant statistical information and shall 

provide all such materials to the Tribe. The Tribe shall maintain records of incidents, 

complaints and violations of Tribal Law solely at the Tribe's Law Enforcement 

Department. The Sheriff's Office and the Tribe's Law Enforcement Department shall 

maintain such records as confidential to the extent required by law. 

The Parties agree to cooperate in timely preparation and submission of the 

annual report required under Wis. Stat. 165.90 (4) (b). 

I. MISCELLANEOUS PROVISIONS 

Any notice permitted or required under this Agreement shall be deemed duly 

provided if transmitted by facsimile to the number listed below and followed by a hard 

copy sent first class mail to the· applicable address; or if delivered personally; or if sent 

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certified mail, return receipt requested to the applicable address: 

If to the Tribe: 

Louis Taylor Sr, Chairman 

Lac Courte Oreilles Band of 

Lake Superior Chippewa Indians 

13394 W. Trepania Road 

Hayward, WI 54843 

With a copy to: 

Office of the Attorney General 

Lac Courte Oreilles Band of 

Lake Superior Chippewa Indians 

13394 W. Trepania Road 

Hayward, WI 54843 

If to the County: 

Tweed Shuman, Chairman 

Sawyer County Board of Supervisors 

10610 Main Street 

Hayward, WI 54843 

With a copy to: 

Thomas J. Duffy, Corporate Counsel 

10594 Main Street 

Hayward, WI 54843 

If to the Sheriff's Office: 

Douglas Mrotek, Sheriff 

Sawyer County Sheriff's Office 

15880 E. 5th Street, P.O. Box 567 

Hayward, WI 54843 

With a copy to: 

Joe Sajdera, Chief Deputy 

Sawyer County Sheriff's Office 

15880 E. 5th Street, P.O. Box 567 

Hayward, WI 54843 

All immunities of the Tribe, as recognized by law, shall inure to the benefit of the 

County-Tribe Deputies and other County law enforcement Deputies when assisting in 

enforcing the Tribe's laws upon deputation of such Deputies. All of the immunities, 

including conditional immunities, of the County shall inure to the benefit of the CountyTribal Deputies when acting as a deputy of the County under the Program. 

Neither the Tribe nor its officers, directors, employees, representatives, or agents 

shall be liable to the County or Sheriff's Office or any of their respective Deputies, 

directors, employees, representatives or agents for any loss, damage, expense or 

casualty arising from any acts or omissions of the County-Tribe Deputies in 

performance of the Agreement. 

The Tribe, County and Sheriff's Office each shall indemnify, defend and hold the 

other party or parties harmless from and against all liabilities, awards, damages, 

expenses and fees, including reasonable attorney fees and court costs, arising from or 

in connection with any action, suit or claim brought by any third party arising from or in 

connection with the negligent or intentional acts or omissions of their respective 

Deputies, directors, employees, representatives, agents and their successors and 

assigns in the performance of this Agreement. 

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The County and Sheriff's Office acknowledge that the Tribe is a federally 

recognized Indian tribe, which possesses sovereign immunity from suit, unless 

expressly waived by the Tribe or Congress. Nothing in this Agreement shall be 

interpreted to waive the sovereign immunity o(the Tribe. 

Nothing in this Agreement shall be construed to cede or confer any jurisdiction 

on any Party, 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 that would violate State or federal law or subject the Parties to any liability to 

which they are not otherwise subject to under law. 

This Agreement shall be interpreted in accordance with the laws of the State of 

Wisconsin and it may not be varied or modified in any manner, except in a subsequent 

writing executed by the Parties. · 

This Agreement constitutes the entire understanding between the Parties with 

respect to the subject matter of this Agreement and supersedes any prior discussions, 

\ negotiations, agreements or understandings. 

The failure of any Party to insist upon the performance of any terms or 

conditions, or the waiver of any breach shall not be construed as thereafter waiving any 

such terms and conditions or a subsequent breach . 

No Party shall be in default or otherwise responsible for a failure to perform any 

obligation under this Agreement because of an act of God, act of war or terrorism, civil 

disturbance, epidemic, pandemic, unavailability of labor, material, power or 

communication. In any such event, the Party so claiming shall provide the other Parties 

with prompt written notice explaining the event. 

The headings contained in this Agreement are for convenience and reference 

· purposes only and shall not be construed as affecting the interpretation or meaning of 

the terms or conditions of this Agreement. 

The invalidity of any portion of this Agreement shall not be deemed to affect the 

validity of any other provision. In the event that any provision of this Agreement is held 

to be invalid, the remaining provisions shall be affected, but shall be enforceable to the 

fullest extent permitted by law. 

This Agreement may be executed in any number of counterparts; each of which 

when executed and delivered shall be an original, but all such counterparts shall 

constitute the same agreement. 

This Agreement shall not be in effect until approved by resolution of the Tribe 

and County and signed by an authorized signatory of each party. This Agreement shall 

remain in effect during the applicable funding year. This Agreement is contingent upon 

approval by the State Department of Justice as a cooperative County-Tribe law 

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enfo ce(T1enl program and the rece;pt of .the necessary funding fof lmplementatiQn under 

Wis. Sta . 165.90. · · · 

Each ignatory to this Agreemait f pr sents thit he has lhe legal autho,tty 1o algn thl~ dOd.lmeflt. . . 

[Thi~ apace intentional~ left blanl<) . . . 

The Parties have made Ihle 2021 Cooperativ Agreemen operative a:a iet forth •herein. - . 

LAC COURT£ QREIU...ES BAND OF LAKE 

SUPERJOR CHIPPEWA INDfANS 

SAWYER C Y SHE~FF ,~FICE 

By: ~t-:cc...,_-~--'--~--- ---­ Doug es rotek, 

Sheriff 

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