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Cooperative Agreements

Title: Cooperative Law Enforcement Agreement between the Bureau of Indian Affairs, the Three Affiliated Tribes, and the County of Mountrail
Parties: The Three Affiliated Tribes: Mandan, Hidatsa, and Arikara Nations, the BIA, and the County of Mountrail
Date enacted/published: 2000

Description:

To provide for increased law enforcement assistance and cooperation, the tribes and county entered into a cross-deputization agreement. This agreement was entered into pursuant to the Indian Law Enforcement Reform Act, Article VI, Section 3 of the Constitution and Bylaws of the Three Affiliated Tribes, and Chapter 54-42.2 of the North Dakota Century Code. Key provisions of the agreement include:

  • The tribes will deputize the county sheriffs as “special deputies” on the reservation for misdemeanor tribal crimes, and the county sheriffs will be treated as BIA law enforcement officials, including the right to execute search warrants.
    • Indians apprehended by “special deputies” will be prosecuted in either tribal or federal court.
  • The county will deputize BIA and tribal law enforcement officers as “special deputies” for enforcement of any crimes committed by non-Indians outside of the reservation, including the right to execute search warrants.
    • Non-Indians will be prosecuted in either state or federal court.
  • Whenever a non-Indian is arrested, tribal officers will wait for county officers to arrive and transport the individual. Likewise, whenever an Indian is arrested, county officers will wait for tribal officers to arrive and transport the individual.
  • All costs of arrests will be borne by the jurisdiction in which the suspect is to be prosecuted. Any costs for appearing in court will be borne by the jurisdiction in which the officer makes an appearance.
  • Cross-deputized officers will keep arrest and prosecution evidence confidential.
  • All cross-deputized officers will remain under the supervision of his or her original employer.
  • In an emergency, the requesting jurisdiction will be in charge.
  • A commission will be established to evaluate the effectiveness of the agreement.
  • All cross-deputized officers will be considered covered by the Federal Tort Claims Act and the North Dakota State Tort Claims Act.
  • The agreement is not meant to limit any prior existing right or obligation.