Resolution No. 20-016-FWF 

RESOLUTION OF THE GOVERNING BODY OF THE 

THREE AFFILIATED TRIBES OF THE 

FORT BERTHOLD INDIAN RESERVATION 

A Resolution Entitled, "Authorizing a Law Enforcement Services Memorandum of 

Understanding with Mclean County" 

WHEREAS, The Mandan Hidatsa and Arikara Nation (MHA Nation), also known as the Three 

Affiliated Tribes, having accepted the Indian Reorganization Act of June 18, 

1934, the authority under said Act, and having adopted a Constitution and Bylaws (the Constitution) under said Act, and 

WHEREAS, Pursuant to Article III, Section I of the Constitution, the Tribal Business Council 

is the governing body ofthe MHA Nation; and 

WHEREAS, The Constitution authorizes and empowers the Tribal Business Council to engage 

in activities on behalf of and in the interest of the welfare and benefit of the MHA 

Nation and of the enrolled members thereof; and 

WHEREAS, Pursuant to Article VI, Section 5(I) of the Constitution, the Tribal Business 

Council has the power to adopt Resolutions regulating the procedures of the 

Tribal Business Council, its agencies and officials; and 

WHEREAS, Article VI, Section 5(c) of the Constitution specifically authorizes and empowers 

the Tribal Business Council to administer funds within the exclusive control of 

the Nation and to make expenditures from available Tribal funds for public 

purposes for the Nation; and 

WHEREAS, The White Shield Segment is remote and in need of additional law enforcement 

services for the protection of the Segment residents; and 

WHEREAS, The County of Mclean is willing to enter into a Memorandum of Understanding, 

attached as Attachment A, to provide additional services. 

NOW THEREFORE BE IT RESOLVED, subject to legal review, the Tribal Business Council 

hereby approves the Memorandum of Understanding and authorizes the Tribal 

Chairman, to execute the Memorandum of Understanding on behalf of the MHA 

Nation. 

BE IT FINALLY RESOLVED, The Tribal Chairman and White Shield representative is 

authorized to take such action as is necessary to carry out the terms and intent of 

this Resolution. 

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Resolution No. 20-016-FWF 

CERTIFICATION 

I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of 

the Fort Berthold Indian Reservation, hereby certify that the Tribal Business Council is 

composed of seven (7) members of whom five (5) constitute a quorum, §_ were present at a 

Regular Meeting thereof duly called, noticed, convened and held on the 9th day of January, 2020, 

that the foregoing Resolution was duly adopted at such meeting by the affirmative vote of 5 

members, 0 members opposed, 0 members abstained, 2 members not voting, and that said 

Resolution has not been rescinded or amended in any way. 

Chairman [ X] Voting. [ ] Not Voting. 

Dated this 9th day of January, 2020. 

ATTEST: 

a{cli!l:i?i riba1 Secre ary, Fre W. Fox 

Tribal Business Council Tribal Business Council 

Page 2 of2 
POLICE SERVICES MOU 

This memorandum of understanding (MOU) is made and entered into between the 

COUNTY OF McLEAN, (COUNTY), and the THREE AFFILIATED TRIBES (TAT) to 

provide patrol protection and law enforcement services for the White Shield Segment ofthe Fort 

Berthold Indian Reservation. Nothing in this MOU can be construed to reduce any tribal 

sovereignty or violate any tribal, state, or federal laws. 

Pursuant to this MOU, the County, through the McLean County Sheriff, will provide 

patrol protection and other law enforcement services within the boundaries ofthe White Shield 

Segment. Such law enforcement services are limited to the jurisdiction conveyed to a sheriff 

and sheriff deputies by state and federal law, and in compliance with any separate law 

enforcement agreements with the TAT. 

The TAT should make recommendations and comments on any police matters to the 

Sheriff. The rendition ofsuch service, the standards ofperformance, the discipline of officers, 

and other matters incident to the performance ofsuch service and the control of personnel so 

employed, shall remain in the County. 

In consideration of the services to be performed by the County under this MOU, the TAT 

agrees to pay to the County the sum of$ 160,000.00 per year in monthly installments of 

$13,333.33 per month. Said payments to commence on January 1 , 2020. The TAT also agrees 

to provide office space and Internet access for the County. 

Prior to July 1st of each year, the County shall submit to the TAT a MOU renewal 

agreement that includes any adjustments for the TA T's review. The County agrees to address 

any questions, clarifications, or concerns the TAT has with the annual renewal MOU. The TAT 

agrees to forward to the County any concerns with the renewal MOU at its earliest convenience, 

and agrees to sign or decline renewal ofthe MOU by August !51 of each year. Notwithstanding 

the provisions of this paragraph hereinafter set forth, either party may terminate this agreement 

as of the first day ofJanuary of any year upon notice in writing to the other party of not less that 

four (4) calendar months prior thereto. 

/2WlTM:a-i~OF~ate___ _ ________ Date ____ 

~~eldSegment

of the Three Affiliated Tribes 

Chainnan, McLean County Commission 

_________ Date____ 

McLean County State's Attorney 
Attachment A to Mclean County MOU 

Emergencies, Arrest, Temporary Detention, Hot Pursuit 

Emergency calls for service will result in a response by the closest available peace officer, until 

an agency with primary responsibility assumes the lead investigative role. Additional resources 

may be dispatched as necessary by the primary or assisting agency to ensure control and 

mitigation of the emergency event. Ifa peace officer or agency has knowledge of an incident 

requiring a police response, but not within an officer's primary jurisdiction, that officer or 

agency shall refer that incident to the agency with primary jurisdiction. After notification, the 

officer may handle the incident ifthe primary agency affirms that it is not available and requests 

assistance. 

A peace officer without personal jurisdiction to detain or arrest an individual because the 

individual is an Indian or non-Indian respectively, is authorized under this Agreement to 

temporarily detain or arrest the individual and hold the individual until a peace officer with 

personal jurisdiction takes custody ofthe individual. Ifa peace officer uses these powers they 

should immediately contact the agency that has personal jurisdiction over the individual and 

follow the directives that agency gives for resolution ofthe arrest or detention. Ifthe individual 

flees or resists the arrest or detention, a peace officer may use whatever reasonable force is 

necessary to obtain control over the individual while waiting for a peace officer with personal 

jurisdiction to arrive on scene. 

A peace officer with personal jurisdiction over an Indian or non-Indian respectively, may 

communicate to a peace officer without personal jurisdiction directives to detain or arrest an 

individual until such time as a peace officer with personal jurisdiction can assume the custody of 

the individual. Such communication conveys a mutual aid request and temporary police 

powers. 

A peace officer in "hot" or "fresh" pursuit may continue onto or off the reservation in active 

pursuit of an individual who is fleeing to avoid arrest, detection, citation, or to destroy evidence. 

Ifthe individual is stopped or apprehended after a hot pursuit the peace officer that initiated the 

pursuit may take custody of the individual, and any evidence of their crime, and transport them 

off the reservation or back onto the reservation respectively. The parties to this agreement will 

cooperate with each other to resolve hot pursuit situations as safely as possible, and agree to not 

dispute jurisdictional issues during the events. 

Use of Force 

All powers, rights, and limitations conferred by law upon a peace officer to use force, including 

deadly force, are not reduced or expanded under this Agreement. Under this Agreement, any 

peace officer is authorized to use necessary force to quell an active shooter or other imminent 

threat to themselves or others, and to protect property from harm or destruction, if there is no 

time or means to contact the law enforcement agency that would have primary investigative 

jurisdiction if an emergency did not exist. 
Emergency Mental Health Case Handling Agreement 

Calls for service to drug, alcohol, or mental health emergencies require the parties to 

apportion responses according to the safest and most expedient way to address the emergency. 

The parties to this agreement will work together in all aspects of these emergencies. 

Security ofthe scene and securing the afflicted person to prevent alarm and harm is the 

top priority for each party to this agreement. Ifthe afflicted person is an Indian, tribal law 

enforcement shall have the primary duty of security at the scene, in an ambulance, at the 

hospital, and for transport to and from court or treatment facility ordered by the court. Ifthe 

afflicted person is a non-Indian, the county will have these same duties and responsibilities. 

However, nothing in this agreement limits any agency from initially securing the scene or 

afflicted person if the agency with primary jurisdiction is not as readily available at the time of 

the emergency call. 

The county agrees to handle all emergency involuntary commitment legal proceedings, 

including those involving Indians if requested to do so by tribal law enforcement. The county 

duties include the filing of petitions in state court for commitments, appearances in state court on 

behalfofthe petitioner, and the payment of defense costs for attorneys appointed to assist the 

afflicted person.