RE: OPINION REQUEST REGARDING THE VALIDITY OF A LAW ENFORCEMENT AGREEMENT OF THE STATE WITH THE CHEROKEE NATION, THE UNITED STATES OF AMERICA AND OTHERS, FILED WITH THE SECRETARY OF STATE ON JULY 8, 1992, INFORMAL OPINION NO. 93-685.
THE ATTORNEY GENERAL HAS RECEIVED YOUR LETTER ASKING FOR AN OFFICIAL OPINION REGARDING THE VALIDITY OF A LAW ENFORCEMENT AGREEMENT FILED WITH THE SECRETARY OF STATE ON JULY 8, 1992, WHICH THE STATE ENTERED INTO WITH THE CHEROKEE NATION, THE UNITED STATES OF AMERICA, AND OTHERS. YOU ASK, IN EFFECT, THE FOLLOWING QUESTIONS:
1. WHETHER THE CHEROKEE NATION LAW ENFORCEMENT AGREEMENT, CONSISTENT WITH THE SEPARATION OF POWERS PROVISION OF THE OKLAHOMA CONSTITUTION, ARTICLE IV, SECTION 1, AND THE POWER OF THE LEGISLATURE TO CREATE, DETERMINE AND MODIFY THE POWERS AND DUTIES OF STATE AGENCIES, CAN REQUIRE THE OKLAHOMA STATE BUREAU OF INVESTIGATION TO PROVIDE LAW ENFORCEMENT SERVICES TO OKLAHOMANS WHO RESIDE IN INDIAN COUNTRY WITHIN THE CHEROKEE NATION BY ASSISTING LAW ENFORCEMENT OFFICERS OF THE CHEROKEE NATION AND THE BUREAU OF INDIAN AFFAIRS?
2. BY ENTERING INTO THE CHEROKEE NATION LAW ENFORCEMENT AGREEMENT, WHICH PROVIDES THAT ALL PARTIES TO THE AGREEMENT SHALL BE MEMBERS OF THE. CHEROKEE NATION LAW ENFORCEMENT COMPACT, AND FURTHER PROVIDES FOR THE SECRETARY OF THE COMPACT TO ACT AS THE ADMINISTRATOR AND COORDINATOR OF ACTIVITIES UNDER THE AGREEMENT, DID THE GOVERNOR UNLAWFULLY INTERFERE WITH THE LEGISLATURE'S POWER TO CREATE GOVERNMENT AGENCIES AND PROVIDE FOR THEIR POWERS AND DUTIES, IN VIOLATION OF OKLAHOMA'S SEPARATION OF POWERS DOCTRINE, PROVIDED FOR AT ARTICLE IV, SECTION 1 OF THE OKLAHOMA CONSTITUTION?
BECAUSE YOUR QUESTIONS ASK US TO EXAMINE A SPECIFIC AGREEMENT, WE RESPOND NOT BY ISSUING A FORMAL ATTORNEY GENERAL'S OPINION, BUT RATHER BY WAY OF THIS INFORMAL OPINION, WHICH IS THE OPINION OF THE UNDERSIGNED COUNSEL.
AS YOU KNOW, UNDER THE PROVISIONS OF 74 O.S. 1221 (1991), THE STATE OF OKLAHOMA HAS ADOPTED THE POLICY OF WORKING "IN A SPIRIT OF COOPERATION WITH ALL FEDERALLY RECOGNIZED INDIAN TRIBES IN FURTHERANCE OF FEDERAL POLICY FOR THE BENEFIT OF BOTH THE STATE OF OKLAHOMA AND THE TRIBAL GOVERNMENT." IN FURTHERANCE OF THAT POLICY, THE GOVERNOR, OR HIS NAMED DESIGNEE, IS AUTHORIZED TO NEGOTIATE AND ENTER INTO COOPERATIVE AGREEMENTS ON BEHALF OF THE STATE WITH FEDERALLY RECOGNIZED INDIAN TRIBES WITHIN THE STATE, TO ADDRESS ISSUES OF MUTUAL INTEREST. SUCH AGREEMENTS BECOME EFFECTIVE UPON APPROVAL BY THE JOINT COMMITTEE ON STATE TRIBAL RELATIONS. ID. AT SUBSECTION C. ADDITIONALLY, IN SOME INSTANCES, APPROVAL BY THE SECRETARY OF THE INTERIOR OF THE UNITED STATES, OR HIS DESIGNEE, IS REQUIRED. ID.
YOU HAVE ASKED US TO LOOK AT ONE PARTICULAR COOPERATIVE AGREEMENT - A LAW ENFORCEMENT AGREEMENT BETWEEN AND AMONG THE CHEROKEE NATION, THE UNITED STATES OF AMERICA, THE STATE OF OKLAHOMA, AND ITS POLITICAL SUBDIVISIONS, FILED WITH THE SECRETARY OF STATE OF OKLAHOMA ON JULY 8, 1992. THE BASIC PURPOSE OF THAT AGREEMENT IS TO PROVIDE EFFICIENT, EFFECTIVE AND THOROUGH LAW ENFORCEMENT AND POLICE PROTECTION TO THE CITIZENS OF THE STATE OF OKLAHOMA IN THE CHEROKEE