NATION WHETHER OR NOT SITUATED ON INDIAN LAND. THE PARTIES TO THE AGREEMENT BECAME MEMBERS OF AN INTER-GOVERNMENTAL ASSOCIATION CALLED THE CHEROKEE NATION LAW ENFORCEMENT COMPACT. UNDER THE COMPACT'S TERMS, EACH MEMBER OF THE COMPACT IS AUTHORIZED TO ISSUE VARIOUS LAW ENFORCEMENT COMMISSIONS TO LAW ENFORCEMENT OFFICERS OF THE OTHER COMPACT MEMBERS. THUS, FOR EXAMPLE, THE CHEROKEE NATION IS AUTHORIZED TO ISSUE CHEROKEE DEPUTY MARSHALL'S COMMISSIONS TO EACH OF THE OTHER "AGENCIES" (OTHER ENTITIES SIGNING THE AGREEMENTS AND THEIR VARIOUS SUB-AGENCIES), AND STATE LAW ENFORCEMENT AGENCIES ARE EMPOWERED TO ISSUE COMMISSIONS TO OFFICERS OF THE CHEROKEE NATION AND THE BIA. COMPACT, SECTION 3A.
THE COMPACT ALSO: 1) ESTABLISHED THE PROCEDURES UNDER WHICH LAW ENFORCEMENT AGENTS OF ONE ENTITY APPLY FOR LAW ENFORCEMENT COMMISSIONS OF ANOTHER, 2) ESTABLISHED THE PREREQUISITES NECESSARY FOR ISSUANCE OF THOSE COMMISSIONS, 3) ENUMERATED THE GROUNDS UPON WHICH APPLICATIONS FOR A COMMISSION CAN BE DENIED, AND 4) ESTABLISHED THE PROCEDURES FOR SUSPENSION OR WITHDRAWAL OF A COMMISSION. COMPACT, SECTIONS 3A - 3G.
UNDER SECTION 4 OF THE COMPACT, THE POWERS OF OFFICERS COMMISSIONED UNDER THE AGREEMENT ARE ESTABLISHED.
THE COMPACT AT SECTION 11 PROVIDES FOR COOPERATIVE SERVICES AMONG MEMBERS OF THE COMPACT:
"ALL STATE LAW ENFORCEMENT, CHILD WELFARE, JUVENILE, INVESTIGATOR, AND INCARCERATION AGENCIES, SHALL PROVIDE LAW ENFORCEMENT, PROTECTION, INVESTIGATORY, DETENTION AND INCARCERATION SERVICES TO RESIDENTS OF INDIAN COUNTRY WITHIN THE CHEROKEE NATION AND TO THE CHEROKEE NATION AND THE 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 . . ."
YOUR FIRST QUESTION ASKS WHETHER THE GOVERNOR, IN AGREEING TO THE ABOVE QUOTED PROVISION, VIOLATED THE STATE'S SEPARATION OF POWERS PROVISION BY EXERCISING A LEGISLATIVE POWER - THE POWER TO DETERMINE AND MODIFY THE POWERS AND DUTIES OF STATE AGENCIES. YOUR QUESTION IS BASED UPON THE ASSUMPTION THAT THE COMPACT CHANGED THE POWERS AND DUTIES OF THE OKLAHOMA STATE BUREAU OF INVESTIGATION. THE COMPACT, HOWEVER, DID NOT HAVE THAT EFFECT. UNDER EXISTING LAW, THE BUREAU IS EMPOWERED AND REQUIRED TO ASSIST OTHER LAW ENFORCEMENT AGENCIES AND OFFICERS:
THE OKLAHOMA STATE BUREAU OF INVESTIGATION SHALL HAVE THE POWER AND DUTY TO:
"1. MAINTAIN SCIENTIFIC LABORATORIES TO ASSIST ALL LAW ENFORCEMENT AGENCIES IN THE DISCOVERY AND DETECTION OF CRIMINAL ACTIVITY; AND
2. MAINTAIN FINGERPRINT AND OTHER IDENTIFICATION FILES INCLUDING DNA PROFILES; AND
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6. ASSIST THE DIRECTOR OF THE OKLAHOMA STATE BUREAU OF NARCOTICS AND DANGEROUS DRUGS CONTROL, THE CHIEF MEDICAL EXAMINER, AND ALL LAW ENFORCEMENT OFFICERS AND DISTRICT ATTORNEYS WHEN SUCH ASSISTANCE IS REQUESTED. IN ACCORDANCE WITH THE POLICY DETERMINED BY THE COMMISSION; 74 O.S. 150.2 (1991) (EMPHASIS ADDED).
AS NOTED, IN PARAGRAPHS 1 AND 6 OF 74 O.S. 150.2, THE BUREAU, UNDER EXISTING LAW, IS TO ASSIST ALL LAW ENFORCEMENT OFFICERS WHEN REQUESTED.
THE ASSISTANCE REQUIRED IS TO BE FURNISHED IN ACCORDANCE WITH THE POLICIES DETERMINED