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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:

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.

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