A LAW ENFORCEMENT AGREEMENT BETWEEN AND AMONG THE CHEROKEE 

NATION, THE UNITED STATES OF AMERICA, THE STATE OF OKLAHOMA AND 

ITS POLITICAL SUBDIVISIONS, THE VARIOUS BOARDS OF COUNTY 

COMMISSIONERS, AND VARIOUS LAW ENFORCEMENT AGENCIES1 

WHEREAS, the Congress of the United States has provided authority for the United States 

Secretary of Interior, to enter into agreements between the United States and Indian tribes and 

nations, states and their political subdivisions in accordance with the Indian Law Enforcement 

Reform Act of August 18, 1990, Public Law 191-379, 25 U.S.C.A., Section 2804 et seq., 104 U.S. 

Stat. 473; 

WHEREAS, the Legislature of the State of Oklahoma has provided authority for the State, 

its political subdivisions to enter into agreements between the State, its political subdivisions, the 

federal government, and Indian tribes and nations in accordance with the Oklahoma Inter-local 

Cooperation Act, Oklahoma Statutes Title 74, sections 1001 et seq. and the State-Tribal Relations 

Act, Oklahoma Statutes title 74 sections 1221 et seq. (1989); 

WHEREAS, the Council of the Cherokee Nation on the 8th day of March, 1991, provided 

authority for the Principal Chief of the Cherokee Nation to enter into agreements for cooperative 

law enforcement between the Cherokee Nation and other governmental entities, for crossdeputization, and for the Secretary of Interior to enforce tribal law pursuant to Cherokee Nation 

Tribal Resolution No. 25-91; 

WHEREAS, the parties herein intend to provide comprehensive police protection and law 

enforcement for all residents of Oklahoma and Indian country; 

WHEREAS, the parties herein wish to establish an organization to coordinate activities 

under this Agreement regarding law enforcement and police protection between the various law 

enforcement agencies and governmental entities within the boundaries of the Cherokee Nation; 

WHEREAS, it is in the best interest of the residents of the State of Oklahoma and citizens 

of the United States of America and the Cherokee Nation that the parties herein declare and agree 

that each government and agency under this Agreement shall fully cooperate, each with the other, 

to provide efficient, effective, and thorough law enforcement and police protection to the 

populations of the State of Oklahoma and the Cherokee Nation regardless as to the status of the 

land; and 

WHEREAS, it is in the best interest of the parties hereto, to acknowledge the legal, 

sovereign, and administrative territories of each party as provided herein. 

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Revised to include enforcement of Juvenile Code adopted by the Council of the Cherokee Nation on May13, 

1991, and minor technical changes on January 29, 1992; and last minor technical changes on April 21, 1992. 

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NOW, THEREFORE, the Cherokee Nation, the U.S. Department of Interior, the State of 

Oklahoma, and the affected local governments of Oklahoma and their various political 

subdivisions and agencies agree to the following provisions: 

Section 1, Definitions 

A. “Agency” means the government, department, agency or political subdivision which is a party 

to this Agreement; 

B. “Applicant Agency” means the agency requesting a commission for its peace officers; 

C. “BIA” means the Bureau of Indian Affairs; 

D. “Board” means the Board of County Commissioners; 

E. “CLEET” means the Council of Law Enforcement, Education, and Training; 

F. “Commissioning Agency” means the agency conferring a commission to a peace officer of a 

different law enforcement agency; 

G. “Compact” means the organization to administer this Agreement; 

H. “Compact Secretary” means the person designated by the Cherokee Nation to provide 

ministerial assistance to coordinate and administer this Agreement; 

I. “Marshal” means the law enforcement officers of the Cherokee Nation; 

J. “Peace Officer” means any law enforcement officer commissioned by an agency who is a party 

to this agreement including, police officers, sheriffs, agents, troopers, marshals, and deputies, 

or subordinates of each; 

K. “State” means the State of Oklahoma, its law enforcement agencies, offices and departments 

including, but not limited to, the County Sheriff’s Department, the Oklahoma State Bureau of 

Investigation, the Oklahoma Highway Patrol, the State Fire Marshal, the Oklahoma 

Department of Dangerous Drugs and Narcotics, the Department of Corrections, the Council on 

Law Enforcement Education and Training, Oklahoma Game Rangers, Oklahoma Lake Patrol, 

Oklahoma State Fire Marshal, etc. 

Section 2, Compact 

A. The parties to this Agreement hereby agree to extend the provisions of and to be mutually 

bound by this Agreement with other law enforcement agencies and parties who subsequently 

agree to be bound by this Agreement. The parties to this Agreement expressly anticipate that 

other law enforcement agencies and parties will subsequently become a party to this 

Agreement. However, extension of this Agreement to subsequent parties will not expand duties 

and responsibilities of original parties hereto, but will extend agreed duties and responsibilities 

to subsequent parties. 

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B. The parties to the Agreement shall be members of an intergovernmental association called the 

Cherokee Nation Law Enforcement Compact. The Secretary of this Compact will administer 

and coordinate activities under this Agreement. 

Section 3, Commissions: 

A. Upon receiving a request from an applicant agency, the Compact Secretary or the receiving 

agency shall supply applications for commissions. Applications shall be completed and 

returned to the commissioning agency which shall grant or deny each application within a 

reasonable period of time. 

The following agencies may issue the following commissions: 

1) The BIA may issue a Deputy Special Officer (DSO) commission to each officer of the 

other agencies; 

2) The CHEROKEE NATION may issue a Deputy Marshal’s commission to each officer of 

the other agencies; 

3) The Sheriffs’ offices may issue a Deputy Sheriff’s Commission to officers of the 

CHEROKEE NATION and the BIA; 

4) The Police Department may issue Police Commissions to officers of the CHEROKEE 

NATION and the BIA; 

5) Various state law enforcement agencies and criminal investigation agencies may issue 

commissions to officers of the CHEROKEE NATION and the BIA. 

B. An application for a commission will not be granted by the commissioning agency in the 

absence of compliance with the following requirements: 

1) The applicant has complied with all the prerequisites for appointment as a police officer as 

set forth in 70. Okla. Stat. 3311, or 68 Bureau of Indian Affairs Manual, Section 9.1. 

Applicants shall meet the following prerequisites: 

a) Be a citizen of the United States who has reached the age of eighteen (18); 

b) Hold a high school diploma or equivalent; 

c) Shall not have been convicted of a felony or other crime involving moral turpitude; 

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d) Be found, after examination by a licensed physician, to be free of any physical, 

emotional, or mental performance as a police officer, (this requirement may be met by 

a certification by the applicant agency); 

e) Have met such other requirement as may be prescribed by CLEET or the BIA; and 

f) Have previously been awarded a certificate by CLEET or BIA attesting to such 

applicant’s satisfactory completion of an approved police officer basic training 

program. 

2) Every peace officer who is not the holder of such a CLEET certificate for appointment as 

a police officer may be issued a commission during the one year temporary appointment 

as a peace officer pursuant to the provisions and requirement of 70. O.S. Section 3311 F. 

(1). 

3) In addition to the hours of required basic police training which has been approved by 

CLEET or BIA, the applicant for Cherokee Nation or BIA commission shall successfully 

complete an orientation course of Cherokee Law and Procedure and Federal Laws and 

Procedures as determined necessary by the Cherokee Nation or the BIA. 

C. After compliance with the prerequisites of Section 3, Commissions, Paragraph B., the 

commissioning agency will issue a commission hereunder unless it determines, in its 

discretion, that grounds exist for denying the applicant a commission which shall be disclosed 

in writing to the applicant agency. 

D. The commissioning agency may, at any time, suspend any commission for reasons solely 

within its discretion. The commissioning agency shall notify the applicant agency in writing 

of the reasons for suspension of this Agreement. Within ten (10) working days of receipt of 

verbal or written notice of suspension from the commissioning agency, the applicant agency 

shall cause the commission to be returned to the commissioning agency, unless otherwise 

directed by the commissioning agency. The reasons for suspension include, but are not limited 

to: 

1) Termination of the peace officer, voluntarily or involuntarily, from the agency’s law 

enforcement unit or employment; 

2) Conviction of the peace officer of a felony or other crime involving dishonesty; 

3) Upon examination by a licensed physician, the peace officer is found not to be free of any 

physical, emotional, or mental condition which might adversely affect his or her 

performance as a peace officer; and 

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4) The applicant agency shall provide a National Crime Information Center background check 

in addition to CLEET or BIA certification if requested by the commissioning agency. 

E. The commissioning agency shall inform the applicant agency of the existence of any grounds, 

including those set forth under Section 3, Commissions, Paragraph D. above, for suspending a 

commission. 

F. The commissioning agency shall send written notice to the applicant agency if a commission 

is denied or suspended as provided in this Agreement with the reason stated therein. The 

decision of the commissioning agency to suspend a commission, whether temporarily, 

indefinitely, or permanently, shall be final. 

G. This Agreement, or any commission issued pursuant to it, shall not confer any authority on a 

Tribal, State, or Federal Court or other authority which that court or authority would not 

otherwise have. 

Section 4, Scope of Powers Granted 

A. Peace officers commissioned pursuant to this Agreement shall have the power: 

1) To enforce the Motor Vehicle Code of Oklahoma and the Cherokee Nation, and arrest for 

violations as necessary; 

2) To enforce all criminal and juvenile laws of Oklahoma and the Cherokee Nation, and arrest 

for violations as necessary; and 

3) To enforce all federal criminal laws applicable to Indian country including the Major 

Crimes Act, 18 U.S.C. § 1153. 

B. Peace officers commissioned pursuant to this Agreement shall comply with the applicable 

statutory provisions concerning enforcement of the motor vehicle, juvenile, and criminal laws 

of the Cherokee Nation, the State of Oklahoma, and the Federal Government. 

Section 5, Uniform Citations 

A. Any citation issued by commissioned peace officers pursuant to this Agreement for a traffic or 

misdemeanor offense, shall be to the appropriate state or municipal court of the State of 

Oklahoma, except that any citation issued to Indians for an offense committed in Indian 

country shall be to the Cherokee Nation District Court. 

B. The Cherokee Nation shall prepare and distribute citation books for criminal actions involving 

offense and crimes committed in Indian country to commissioned peace officers. 

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Section 6, Custody of Persons 

A. Any person arrested by a peace officer commissioned pursuant to this Agreement, shall be 

immediately taken to the nearest Judge of the appropriate jurisdiction or county sheriff’s office 

or jail for further booking and detention pending initial appearance or bond setting. 

B. The jail or penal institution administrator shall cause the defendant to appear within a 

reasonable amount of time not to exceed twenty-four hours, except for weekends and holidays, 

before a Judge of the appropriate jurisdiction of initial appearance and bond setting. 

Section 7, Supervision of Peace Officers 

It is understood and agreed by the parties to this Agreement that the respective agencies, their 

agents, employees, and insurers, have no authority nor any right whatsoever to control in any 

manner, the day-to-day discharge of the duties of the persons commissioned pursuant to this 

Agreement. However, peace officers commissioned hereunder to serve in Indian country shall 

respond to calls for assistance and law enforcement as they would for their own jurisdictions. 

Section 8, Status of Peace Officers 

It is further understood and agreed that each agency, their agents, employees, and insurers, shall 

not, by this Agreement, assume any responsibility or liability for the actions of those persons 

provided commissions pursuant to this Agreement for actions outside their scope of duty. 

It is understood that peace officers commissioned hereunder may be subject to the law providing 

for liabilities and immunities including, but not limited to: 

1) State of Oklahoma Commissions may be subject to the provisions of the Governmental 

Tort Claims Act, 51 O.S.A. § 151 et seq., judicial and qualified immunity and case law 

applicable thereto; 

2) Bureau of Indian Affairs DSO Commissions may be subject to the provisions of the 

Indian Law Enforcement Reform Act, P.L. 101-379, judicial and qualified immunity, 

and case law applicable thereto; and, 

3) Cherokee Nation Deputy Marshal Commissions may be subject to the protection of 

sovereign immunity of the Cherokee Nation, provisions of federal law including the 

Indian Civil Rights Act, 25 U.S.C.A. § 1302, judicial and qualified immunity, and case 

law applicable thereto. 

Nothing in this Agreement shall be construed to reduce, diminish, restrict, alter, modify, or change 

any immunity or defense held by any peace officer prior to this Agreement; and it is expressly 

agreed that any immunity or defense available to peace officers prior to this Agreement survives 

and continues in full effect and force. 

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Section 9, Medical Service 

In the event a detainee or prisoner under the jurisdiction of the Cherokee Nation requires medical 

treatment, the law enforcement agency or officer may transport him to the nearest Indian Health 

Service or Cherokee Nation health care facility to avoid any significant medical expense. 

Section 10, Status of Agencies 

Nothing in this Agreement impairs or affects the existing status of each agency and sovereignty of 

each government herein as established under the laws of the United States, the State of Oklahoma 

and the Cherokee Nation. 

Section 11, Services 

All state law enforcement, child welfare, juvenile, investigatory, and incarceration agencies, shall 

provide law enforcement, protective, investigatory, detention and incarceration services to 

residents of Indian country within the Cherokee Nation and to the Cherokee Nation and Bureau of 

Indian Affairs as is extended to residents and law enforcement agencies of Oklahoma located 

outside of Indian country. All parties to this Agreement shall cooperate, each with the other, to 

provide comprehensive law enforcement protection on Indian country within the Cherokee Nation 

including, but not limited to responding to calls, effecting arrests, providing technical and other 

assistance, backup, investigatory services, dispatching, detention and incarceration. 

Section 12, Suspension of or Withdrawal from Agreement 

A. If any provision of this Agreement is violated by an agency, the commissioning agency may 

suspend performance of their obligation under this Agreement on five (5) days oral or written 

notice, which suspension shall last until the commissioning agency is satisfied that the 

violation has been corrected and will not reoccur. Reinstatement of a commission or any 

provision of this Agreement may be made contingent upon satisfaction of such conditions 

consistent with this Agreement as the Party may specify. 

B. Any agency may withdraw from this Agreement any time by giving written notice to the 

Compact Secretary of such withdrawal which shall be effective thirty (30) days after the date 

of receipt of said notice. Upon such withdrawal, the agency shall forthwith return to the 

respective agency its property and commissions. 

Section 13, Amendments to this Agreement 

This Agreement shall not be altered, changed or amended except by an instrument in writing 

executed by each agency. However, it is expressly agreed by the original parties that other law 

enforcement agencies and governmental entities may become a party to this Agreement. Any 

agency who agrees to become a member of this Compact may do so with the consent of the 

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Cherokee Nation, upon agreeing to be bound by the terms and provisions of this Agreement. No 

further approvals are required except as required by applicable law governing respective parties. 

Section 14, Arrest Procedure/Facilities 

A. The Peace Officer shall, after a lawful arrest, process the detainee as provided for by the 

appropriate detention facility administrator unless otherwise provided by Agreement. 

B. Determination of prosecution jurisdiction shall be made by convention accepted by the 

respective District Attorneys, U.S. Attorneys and Prosecutor for the Cherokee Nation. 

C. Detention for arrests made under federal authority shall be in a facility approved by BIA for 

detainees. 

Section 15, Identification 

Each commissioning agency shall provide to the commissioned peace officer, sufficient 

commission cards, uniform patches, and commission decals for police car units which reflect the 

commission of the agency. The applicant agency shall require its peace officer to possess the 

commission card while on duty, and may allow the peace officer to wear the commission patch, 

and to place the commission decal on peace officer vehicles. 

Section 16, Orientation 

Each commissioned Peace Officer shall complete orientation and briefings as required by the 

commissioning agency. The Compact Secretary may call orientation sessions and briefings from 

time to time regarding procedures and law effecting the Compact. 

Section 17, Compensation for Detention and Incarceration 

The Cherokee Nation shall make a payment only to each Board of County Commissioner who is 

a party hereto as a contribution to defray law enforcement costs. The amount of payment shall be 

determined on a basis of factors such as Indian population, land base, related housing, and other 

data within the county and shall be limited to the amount of federal funding received for Indian 

law enforcement. The payment shall be made for and in behalf of the County Sheriff’s 

Department and Jail. The amount of funding will appear in a supplemental operating agreement 

which will be attached hereto and shall be subject to change annually based on availability of 

appropriations. Such payment shall be for compensation for all law enforcement services 

normally provided within the service area including but not limited to: 

1) law enforcement services, protection of property and life, and response to calls; 

2) law enforcement investigation and prosecution preparation; 

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3) dispatch services; 

4) use of equipment and supplies incident to law enforcement activities; 

5) law enforcement operating expense and overhead; 

6) detention facilities and services upon arrest and pending trial; 

7) incarceration facilities and services after conviction; 

8) court appearance coordination, administrative bookkeeping, record keeping, and court 

related services; 

9) transportation of detainees and prisoners; 

10) use of courthouse facilities, including courtrooms; and 

11) all other law enforcement services consistent with the spirit of this Agreement. 

Section 18, Prosecution Reports 

Prosecution reports shall conform with the standards and requirements of the prosecuting 

jurisdiction. 

Section 19, Compact Secretary 

The Compact Secretary will coordinate applications and issuances of commissions under this 

Compact, provide information and newsletters regarding procedure and applicable law regarding 

the Compact. 

Section 20, Approvals of the Cherokee Nation and the U.S. Department of the Interior 

The effective date of this Agreement between the United States and the Cherokee Nation shall be 

the date of the approval of the undersigned officials. 

Section 21, Approvals of the State of Oklahoma and Other Agencies and Local 

Governments Thereof 

The effective date of this Agreement as extended to the State of Oklahoma and other local 

governments shall be on the date approved pursuant to applicable state laws. 

Approved: 

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______________________________________________ ____________________________ 

______________________________________________ ____________________________ 

______________________________________________ ____________________________ 

______________________________________________ ____________________________ 

PRINCIPAL CHIEF, CHEROKEE NATION DATE 

AREA DIRECTOR, BUREAU OF INDIAN AFFAIRS 

U.S. DEPARTMENT OF THE INTERIOR 

DATE 

GOVERNOR, STATE OF OKLAHOMA DATE 

CHAIRMAN, JOINT COMMITTEE ON 

STATE-TRIBAL RELATIONS 

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MEMORANDUM OF UNDERSTANDING 

THIS MEMORANDUM OF UNDERSTANDING is entered into this _______ day of 

___________, 1992, by and between the Governor of the State of Oklahoma on behalf of the 

STATE OF OKLAHOMA and the Principal Chief of the Cherokee Nation on behalf of the 

CHEROKEE NATION. It is executed contemporaneously with approval by the Governor of the 

Law Enforcement Agreement (hereinafter “Agreement”) between the Cherokee Nation and the 

State of Oklahoma. It is intended to be evidence of further agreement and understanding by and 

between these parties regarding the clarification of certain compact terms and any future need to 

amend the Law Enforcement Agreement. 

IT IS THEREFORE AGREED by the parties hereto that the following evidences the 

parties’ agreed interpretation of the referenced sections of the Law Enforcement Agreement: 

1. Although the term “State” is defined broadly in Section I (K), both parties acknowledge 

that the State of Oklahoma has no power, duty or ability to bind, encumber, or pledge 

any county personnel or resources under the Agreement unless the appropriate county 

officials have executed the Agreement; 

2. The suspension procedures described in Section 3 (D) are intended to provide a method 

for suspending an individual officer’s commission and are not intended to be utilized 

for suspending an entire agency’s participation under the Agreement; 

3. The term “Motor Vehicle Code of Oklahoma” as used in Section 4 (A) (1) refers to the 

Oklahoma Highway Safety Code and miscellaneous laws codified at 47 O.S. § 1-101 

et seq; 

4. The term “juvenile laws of Oklahoma” as used in Section 4(A) (2) refers to the 

Oklahoma juvenile laws codified at 10 O.S. § 1 et seq; 

5. The term “nearest Judge of the appropriate jurisdiction or county sheriff’s office” as 

described in Section 6 (A) and (B) shall be interpreted to be the nearest judge or county 

sheriff of a participating party under the Agreement; 

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6. If written notice to suspend or withdraw is initiated under Section 12 of the Agreement, 

copies of the written notice shall be provided by first class mail to all participating 

agencies. 

IT IS FURTHER AGREED that the Cherokee Nation will provide the Governor’s office 

of the State of Oklahoma with copies of any and all prosecution agreements as addressed in Section 

14 (B) of the Agreement and any and all detention agreements negotiated pursuant to Section 17 

of the Agreement. 

IT IS FURTHER AGREED that the parties will, within one year from the execution of this 

Memorandum of Understanding, review the issue of reciprocity, the necessity for suspension 

hearings and the application of child welfare laws, together with any other yet unknown concerns, 

to determine whether amendments to the Agreement are needed or required. 

IT IS FURTHER AGREED by the parties hereto that upon approval by the Governor of 

the Law Enforcement Agreement between the Cherokee Nation and the State of Oklahoma that 

the parties hereto will negotiate in good faith each with the other toward a mutual resolution of 

any bonafide perceived need to amend or alter the terms of the Law Enforcement Agreement the 

need for which may arise in the future during implementation of the same. 

IT IS FURTHER AGREED that the Law Enforcement Agreement is hereby amended to 

reflect the following technical changes: 

1. In Section 3(b) (1) (d) the omitted phrase “conditions which might adversely affect his 

or her” is inserted between the words “mental” and “performance,” and 

2. A Map of the Cherokee Nation’s boundaries is attached hereto as Exhibit “A”. 

“STATE OF OKLAHOMA” 

BY: ___________________________________ 

Governor David Walters 

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“CHEROKEE NATION” 

BY: ___________________________________ 

Wilma Mankiller, Principal Chief 

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