§ 114. St. Regis Mohawk tribal police. 1. By notifying the
superintendent of state police, the St. Regis Mohawk tribal council may
establish a St. Regis Mohawk Tribe police department employing police
officers appointed in accordance with this section.

a. At the time of the establishment of the tribal police department,
and together with each application under subdivision two of this
section, the tribal council must provide to the superintendent of state
police, and at all times during the existence of such police department
and during the tenure of any police officer appointed under subdivision
two of this section, the tribal council must maintain in full force and
effect, a waiver of sovereign immunity providing as follows: "The St.
Regis Mohawk Tribe hereby waives its sovereign immunity from liability
and action in New York state and federal courts, and hereby assumes
liability and consents to have the same determined in accordance with
the same rules of law as applied to actions against municipalities of
the state of New York; provided that this waiver applies to liability
for acts or omissions of officers appointed under subdivision two of
this section and other police department employees occurring while the
officer or employee was acting within the scope of his or her employment
or duties, and to the provision of a defense for such officer or
employee accused of such acts or omissions. This waiver shall apply to
each such act or omission, whether or not legal action based on the act
or omission is brought after a revocation of this waiver."

b. The St. Regis Mohawk Tribe shall provide for the defense of
officers appointed under subdivision two of this section and other
employees of the police department in any civil action or proceeding,
state or federal, arising out of any alleged act or omission that
occurred or allegedly occurred while the officer or employee was acting
within the scope of his or her employment or duties. This duty to
provide for a defense shall not arise where such civil action or
proceeding is brought by or at the behest of the St. Regis Mohawk Tribe.

(i) The St. Regis Mohawk Tribe shall indemnify and save harmless
officers appointed under subdivision two of this section and other
police department employees in the amount of any judgment obtained
against such officers or employees in a state or federal court, or in
the amount of any settlement of a claim, provided that the act or
omission from which such judgment or claim arose occurred while the
officer or employee was acting within the scope of his or her employment
or duties.

(ii) The duty to indemnify and save harmless prescribed by this
subdivision shall be conditioned upon the timely notification to the St.
Regis Mohawk Tribe of the commencement of the action or proceeding and
upon the full cooperation of the officer or employee in the defense of
such action or proceeding and in defense of any action or proceeding
against the St. Regis Mohawk Tribe based upon the same act or omission,
and in the prosecution of any appeal.

(iii) At the time of the establishment of the tribal police
department, and together with each application under subdivision two of
this section, the tribal council must provide to the superintendent of
state police evidence of procurement of, and at all times during the
existence of such police department the tribal council and during the
tenure of any police officer appointed under subdivision two of this
section, must maintain in full force and effect at its own cost and
expense, a liability insurance policy from any insurance company
authorized by law to transact business in this state, against liability
imposed by the provisions of this section. The minimum liability limits
of such policy shall be five million dollars ($5,000,000) for any one
occurrence.

(iv) The St. Regis Mohawk Tribe shall indemnify and save harmless the
state of New York and employees of the state of New York as defined in
section seventeen of the public officers law in the amount of any
judgment obtained against the state or such employees in a state or
federal court, or in the amount of any settlement of a claim approved by
the tribal council, provided that the act or omission from which such
judgment or claim arose was committed by any police officer appointed
under subdivision two of this section or other employee of the tribal
police department and occurred while the officer or employee was acting
within the scope of his or her employment or duties.

2. Upon the application of the St. Regis Mohawk tribal council, the
superintendent of state police may appoint any person as a police
officer with all powers provided for in the criminal procedure law for
the preservation of order and of the public peace upon the St. Regis
Mohawk tribal reservation and upon additional lands as set forth in
subdivision eight-a of this section. The total number of appointments
shall be determined by the superintendent in his or her discretion.

3. Such application shall be in writing, specifying the name, age, and
address of each person for whom an appointment is sought.

4. The superintendent shall cause an investigation to be conducted of
the character, qualifications and fitness of each proposed appointee and
no person whom such investigation shows to be, in the opinion of the
superintendent, other than of good moral character shall receive an
appointment under this section.

5. The superintendent shall obtain two sets of the applicant's
fingerprints for purposes of determining the criminal history of the
applicant. One set of fingerprints shall be sent to the division of
criminal justice services to identify the applicant and to conduct a
criminal history records search of the division's New York state files
to determine whether or not such applicant has a criminal history in
this state. The other set of such applicant's fingerprints shall be
forwarded to the federal bureau of investigation for the purpose of a
nationwide criminal history record check to determine whether such
applicant has a criminal history in any state or federal jurisdiction.
The division of criminal justice services shall promptly transmit the
reports of the New York state criminal record search to the
superintendent. The federal bureau of investigation reports of
nationwide criminal records searches shall be transmitted to the
superintendent by the most direct means authorized by federal law, rules
and regulations.

6. No person shall commence duties as a police officer under this
section unless and until the St. Regis Mohawk tribal council shall
certify to the superintendent of state police, and the superintendent is
so satisfied, that the proposed appointee has met the minimum police
training standards as determined by the superintendent.

7. The superintendent of state police shall file the certificate of
appointment of any such person in the office of the department of state,
and shall forthwith notify the person appointed, by mail, at the address
specified in the application, that the certificate has been so filed.
Each such person shall, within fifteen days after such certificate shall
have been filed, and before entering upon the duties of the office, take
and subscribe the constitutional oath of office, and file it in the
office of the department of state. The home address of the person
appointed shall appear in the certificate of appointment, and whenever
such address is changed the St. Regis Mohawk tribal council shall file
with the superintendent of state police a statement of the new address.

8. The geographical area of employment of a police officer appointed
under this section shall be within the county of Franklin, and within
that county, only within the boundary of the St. Regis reservation,
except that if the superintendent of state police has certified such
officer with expanded jurisdiction within the county of Franklin,
pursuant to subdivision eight-a of this section, the geographical area
of employment of such police officer shall also include the area of
expanded jurisdiction set forth in that subdivision. Notwithstanding any
law to the contrary, police officers appointed pursuant to this section
shall not serve under the command or authority of any other government
agency or officer, and shall not serve as members of joint task forces
with other law enforcement agencies, without the approval of the
superintendent.

8-a. Upon the application of the St. Regis Mohawk tribal council, the
superintendent is authorized to expand the jurisdiction of any person
appointed a police officer under this section to the area within the
county of Franklin, outside of the boundary of the St. Regis
reservation, to the area known as the "Bombay triangle" in such manner
that the southern boundary of the area of expanded jurisdiction shall be
a straight line beginning at a point on the southern boundary in the
southwest quadrant of the St. Regis reservation, 500 feet east of the
St. Regis river at 44.9540N 74.6873W, continuing in an easterly
direction to a point on the southern border in the south western
quadrant of the reservation at 44.9526N 74.6132W. The area of expanded
jurisdiction shall include all points north of this line described
herein continuing to the southern-most border of the St. Regis
reservation. Such expanded jurisdiction may be revoked or suspended by
the superintendent at his or her discretion. Officers exercising police
authority pursuant to this expanded jurisdiction shall be subject to all
of the provisions set forth in this section in the same manner as if
they were operating within the state-recognized borders of the St. Regis
reservation and all responsibilities set forth in this section with
respect to the duties of the St. Regis Mohawk tribe, including the duty
to indemnify and save harmless, shall apply to this area in the same
manner as if it was within the state-recognized boundaries of the St.
Regis reservation. A representative of the administration of the St.
Regis Mohawk tribal police department shall keep the superintendent
informed, on a monthly basis, of all crimes, accidents and requests for
law enforcement services occurring within the area described in this
subdivision in whatever manner and format the superintendent designates.
Nothing in this section shall be interpreted in a manner to reduce or
eliminate the existing jurisdiction of any other state or local police
department within this area.

9. A person appointed a police officer under this section shall be an
employee of the St. Regis Mohawk Tribe and shall not be an officer,
agent, servant or employee of the state or any subdivision thereof. The
compensation of every such police officer shall be such as may be agreed
upon between the officer and the St. Regis Mohawk tribal council and
shall be paid by the St. Regis Mohawk tribal council.

10. When the St. Regis Mohawk tribal council no longer employs a
police officer appointed under this section it shall file notice to that
effect with the superintendent of state police and in the office of the
department of state, and thereupon such appointment shall be terminated.

11. The superintendent of state police may also at pleasure revoke or
suspend the appointment of any such police officer by filing a notice of
suspension or revocation thereof in the office of the department of
state and mailing a notice of such filing to the St. Regis Mohawk tribal
council, and also to the person whose appointment is suspended or
revoked, at the officer's address as it appears in the certificate of
appointment or the latest statement thereof on file. An appointment may
be restored by the superintendent upon the filing of a restoration
notice to the department of state, the person suspended, and the St.
Regis Mohawk tribal council.

12. If such person thereafter, knowing of such revocation or having in
any manner received notice thereof, exercises or attempts to exercise
any of the powers of a police officer, under this section, such person
shall be guilty of a misdemeanor. The filing and mailing of such notice,
as above provided, shall be presumptive evidence that such person knew
of the revocation.

13. The superintendent shall revoke the appointments of all such
police officers, by the process provided in subdivision eleven of this
section, if the tribal council fails to maintain in full force and
effect the waiver of sovereign immunity and the policy of insurance
specified in subdivision one of this section.

14. The superintendent is authorized to promulgate rules and
regulations to effectuate the provisions of this section.