Cooperative Agreements
Title:
Cross-Deputization Agreement by and between the Bureau of Indian Affairs, the Nebraska State Patrol, and the Winnebago Tribe of Nebraska
Parties: Winnebago Tribe of Nebraska, the Nebraska State Patrol, and the BIA
Date enacted/published: June 1, 2001
Description:
Parties: Winnebago Tribe of Nebraska, the Nebraska State Patrol, and the BIA
Date enacted/published: June 1, 2001
Description:
Pursuant to the end of PL 280 in Nebraska, this cross-deputization agreement clarifies the responsibilities of the parties on the Winnebago Indian Reservation. Key provisions of the agreement include:
- The BIA (not the tribe) may give special deputy status to Nebraska State Patrol officers to arrest Indians on the reservation for criminal infractions.
- The state of Nebraska and the Nebraska State Patrol may give special deputy status to either tribal or BIA officers to enforce Nebraska state laws for non-Indians on the reservation.
- Any cross-deputized officer serves at the pleasure of the cross-commissioning agency.
- Cross-deputized officers remain under the supervision of their own agency.
- Each agency may request assistance from the other, with the understanding that responding agencies owe its first duty to its own citizenry.
- Claims of tort against the BIA shall be brought pursuant to the Federal Tort Claims Act.
- Claims against Nebraska officers shall be brought pursuant to the Nebraska State Tort Claims Act.
- A mutual committee shall be established to review the implementation of the agreement.