26.20.200 Bureau of Indian Affairs (Bia) – Forestry & Fire Management; Powers and Authority; Liability

(a) BIA Forestry & Fire Management employees and the firefighting crews under their control and direction, shall have the authority to enter upon any lands under the jurisdiction and authority of the Turtle Mountain Tribe for the purpose of preventing, detecting, and investigating wildfires and investigating smoke complaints or open burning not in compliance with authorization and to enforce the provisions of this chapter.

(b) Employees of the Bureau of Indian Affairs and of federal, state, tribal and local firefighting agencies, as well as those entities called upon by the BIA Forestry & Fire Management to assist in firefighting shall have the authority to, in the performance of their duties, set counterfires, remove or cut fences and other obstacles, dig trenches, cut firelines, plow or disc fire breaks, use water from public and private sources, and carry on all other customary activities in the fighting of wildfires without incurring liability to any person or entity. The manner in which the BIA Forestry & Fire Management monitors a smoldering wildfire or smoldering prescribed fire or fights any wildfire are planning level activities for which sovereign immunity applies and is not waived.