626.92 ENFORCEMENT AUTHORITY; FOND DU LAC BAND OF LAKE SUPERIOR
Subdivision 1. Definition.
As used in this section, "band" means the Fond du Lac Band of
Lake Superior Chippewa, a federally recognized Indian tribe organized pursuant to the Indian
Reorganization Act of 1934, United States Code, title 25, section 476, and which occupies the
Fond du Lac Reservation pursuant to the Treaty of LaPointe, 10 Stat. 1109.
Subd. 2. Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section
626.84, subdivision 1
, paragraph (f), if all of the requirements of
clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers, employees,
and agents acting within the scope of their employment or duties arising out of the law
enforcement agency powers conferred by this section to the same extent as a municipality under
chapter 466, and the band further agrees, notwithstanding section
16C.05, subdivision 7
, to waive
its sovereign immunity for purposes of claims arising out of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or certificate
of insurance for liability coverage with the maximum single occurrence amounts set forth in
and an annual cap for all occurrences within a year of three times the single
occurrence amount or establishes that liability coverage exists under the Federal Torts Claims
Act, United States Code, title 28, section 1346(b), et al., as extended to the band pursuant to
the Indian Self-Determination and Education Assistance Act of 1975, United States Code, title
25, section 450f(c);
(3) the band files with the Board of Peace Officer Standards and Training a certificate of
insurance for liability of its law enforcement officers, employees, and agents for lawsuits under
the United States Constitution or establishes that liability coverage exists under the Federal
Torts Claims Act, United States Code, title 28, section 1346(b) et al., as extended to the band
pursuant to the Indian Self-Determination and Education Assistance Act of 1975, United States
Code, title 25, section 450F(c); and
(4) the band agrees to be subject to section
and any other laws of the state relating to
data practices of law enforcement agencies.
(b) By July 1, 1998, the band shall enter into written mutual aid or cooperative agreements
with the Carlton County sheriff, the St. Louis County sheriff, and the city of Cloquet under
to define and regulate the provision of law enforcement services under this section.
The agreements must define the following:
(1) the trust property involved in the joint powers agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city attorney and police department.
Subd. 3. Concurrent jurisdiction.
The band shall have concurrent jurisdictional authority
under this section with the Carlton County and St. Louis County Sheriffs' Departments over
crimes committed within the boundaries of the Fond du Lac Reservation as indicated by the
mutual aid or cooperative agreements entered into under subdivision 2, paragraph (b), and any
exhibits or attachments to those agreements.
Subd. 4. Peace officers.
If the band complies with the requirements set forth in subdivision
2, the band is authorized to appoint peace officers, as defined in section
626.84, subdivision 1
paragraph (c), who have the same powers as peace officers employed by local units of government.
Subd. 5. Effect on federal law.
Nothing in this section shall be construed to restrict the
band's authority under federal law.
Subd. 6. Construction.
This section is limited to law enforcement authority only, and nothing
in this section shall affect any other jurisdictional relationships or disputes involving the band.
History: 1998 c 367 art 11 s 21; 2000 c 411 s 5; 2005 c 10 art 2 s 4