2007 Minnesota Statutes

626.94 CONSERVATION LAW ENFORCEMENT AUTHORITY.
    Subdivision 1. Definition. As used in this section, "Indian conservation enforcement
authority" means:
(1) a federally recognized Indian tribe, as defined in United States Code, title 25, section
450b, subsection (e), located within Minnesota, provided that the tribe has the authority to adopt
and enforce game, fish, and natural resources codes governing the conduct of its members within
the geographic boundaries of a reservation or in the 1854 or 1837 ceded territories; or
(2) an Indian conservation agency having the authority to adopt or enforce game, fish, and
natural resources codes and regulations governing the conduct of Indians in the 1854 or 1837
ceded territories.
    Subd. 2. Indian conservation enforcement authority requirements. Upon agreement
by the commissioner of natural resources, an Indian conservation enforcement authority may
exercise authority under subdivision 3 if it satisfies the following minimum requirements:
(1) the Indian conservation enforcement authority 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 conservation enforcement powers conferred by this section to the same
extent as a municipality under chapter 466 and the Indian conservation enforcement authority
further agrees, notwithstanding section 16C.05, subdivision 7, to waive its sovereign immunity
for purposes of claims arising out of the liability;
(2) the Indian conservation enforcement authority 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 section 466.04 and an annual cap for all occurrences within
a year of three times the single occurrence amounts;
(3) the Indian conservation enforcement authority files with the Board of Peace Officer
Standards and Training a certificate of insurance for liability of its conservation law enforcement
officers, employees, and agents for lawsuits under the United States Constitution;
(4) the Indian conservation enforcement authority agrees to be subject to section 13.82 and
any other laws of the state relating to data practices of law enforcement agencies;
(5) the Indian conservation enforcement authority enters into a written cooperative
agreement with the commissioner of natural resources under section 471.59 to define and regulate
the provision of conservation law enforcement services under this section and to provide
conservation officers employed by the Department of Natural Resources with authority described
in the cooperative agreement to enforce Indian codes and regulations on lands agreed upon
within the reservation or ceded territory; and
(6) the Indian conservation enforcement authority appoints a licensed peace officer to
serve as a chief law enforcement officer with authority to appoint and supervise the authority's
conservation officers under this section.
When entering into an agreement under clause (5), the Indian conservation enforcement authority
is considered a "governmental unit" as defined under section 471.59, subdivision 1. Nothing in
this section shall be construed to invalidate or limit the terms of any valid agreement approved by
a federal court order.
    Subd. 3. Jurisdiction. If the requirements of subdivision 2 are met:
(1) the Indian conservation enforcement authority's chief law enforcement officer may
appoint peace officers, as defined in section 626.84, subdivision 1, paragraph (c), to serve
as conservation officers having the same powers as conservation officers employed by the
Department of Natural Resources. The exercise of these powers is limited to the geographical
boundaries of the reservation or ceded territory; and
(2) the jurisdiction of conservation officers appointed under this subdivision is concurrent
with the jurisdiction of conservation officers employed by the Department of Natural Resources to
enforce the state's game and fish, natural resource, and recreational laws within the geographical
boundaries of the reservation or ceded territory.
    Subd. 4. Effect on federal law. Nothing in this section shall be construed to restrict the
Indian conservation enforcement authority's authority under federal law.
    Subd. 5. Construction. This section is limited to conservation enforcement authority only.
Nothing in this section shall affect any other jurisdictional relationship or dispute or current
agreement.
History: 1Sp2001 c 2 s 149