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-----i\u\'. ~ [i :r:0 CROSS-DEPUTIZATION AGREEME1 .ID)l;::_~

By and Between 

THE BUREAU OF INDIAN AFFAIRS, 

THE NEBRASKA STATE PATROL 

AND THE WINNEBAGO TRIBE OF NEBR, SKA

I~ J/iN 8 2002 \0 

BIA-LAW £NfDRC£MEN1 

WINNEBAGO. NE 68071 

WHEREAS, at 12:01 am, July I, 1986, criminal jurisdiction over the Winnebago Indian 

Reservation was effectively transferred by the State ofNebraska to the 

United States ofAmerica, pursuant to formal acceptance by the Secretary 

of the Interior ofan offer to retrocede criminal jurisdiction over the 

Winnebago Indian Reservation embodied in legislative Resolution 47 

Wrnnebago Indian Reservation was effectively transferred by the State of 

Nebraska to the United States ofAmerica pursuant to formal acceptance 

by the Secretary ofthe Interior of an offer to retrocede criminal 

jurisdiction over the Wmnebago Indian Reservation embodied in 

legislative Resolution 47, duly enacted by the Nebraska Unicameral 

Legislature assembled on the I 6tth day ofJanuary, 1986; and 

WHEREAS, the practicalities ofjurisdiction necessitate the execution ofcertain 

agreements which will define and clarify the responsibilities and 

obligations ofthe Bureau oflndian Affairs, Nebraska and the 

Wmnebago Tribal Court operating on the Winnebago Indian Reservation, 

and which will promote effective law enforcement, enhance the public 

safety interests of all citizens and facilitate the administration ofjustice: 

and 

WHEREAS, the parties hereto desire to establish policies and procedures relative to 

Cross-deputization, and 

WHEREAS. the parties hereto agree that the tenI1S of such agreement should be precise 

and concise with a minimum of complication, yet protect the public safety 

interests and constitutional and civil rights of all concerned. it is hereby 

agreed that the following provisions shall apply to matters of CROSSDEPUTIZATION. between the Nebraska State Patrol and the Bureau of 

Indian A.ffairs. 

CROSS-DEPUTIZATION AGREEMENT 

Section I Nebraska State Patrol Officers 

A.ny duly authorized and qualified law enforcement officer of the 

Nebraska State Patrol may be given special deputy status by the 

Bureau oflndian Affairs. Said cross-deputization shall authorize 

and empower Nebraska State Patrol officers to enforce Federal. State and 

Winnebago Tribal Laws within the exterior boundaries of the Winnebago 
: 

Indian Reservation vis-a-vis Indians, who, if arrested, shall be processed 

for prosecution in either the Wmnebago tribal court or in a federal court, 

depending on the nature ofthe crime and appropriate judicial forum. 

Section 2 Bureau ofIndian Affitirs and Tnoal Law Enforcement Officers 

Any duly authoriz.ed and qualified law enforcement officer ofthe Bureau 

oflndian Affairs or ofthe Wmnebago Tribe ofNebraska who has been 

Certified by the Nebraska Commission ofLaw Enforcement and Criminal 

Justice may be given special deputy status by the State ofNebraska and 

the Nebraska State Patrol Said cross-DEPUTIZATION shall authoriz.e 

and empower BIA law enforcement officers to enforce Nebraska state 

laws within the exterior boundaries ofthe Wmnebago Indian Reservation 

vis-a-vis non-Indians, who ifarrested shall be process for prosecution in 

either state or federal court, depending on the nature ofthe crime and 

appropriate judicial forum. 

Section 3 Refusal or Revocation ofCommission 

Notwithstanding any provision ofthis AGREEMENT, each person 

commissioned as a special deputy under the provisions of I or 2 above. 

shall serve at the pleasure ofthe cross-commissioning authority. The 

Nebraska State Patrol, and the Bureau oflndian Affitirs each expressly 

reserve the right to refuse to commission or to revoke a commission as 

special deputy oftheir respective agencies any person employed by the 

other agency. Neither the Nebraska State patrol, nor the Bureau oflndian 

Affairs shall be called upon by the other to justify the exercise ofauthority 

under this provision. 

Section 4 Supervision ofCross-Deputized Officers 

Officers ofthe Nebraska State Patrol deputized by the Bureau oflndian 

Affuirs to enforce federal or tribal law shall at all times remain under the 

supervision ofthe Nebraska State Patrol. Officers ofthe Bureau of 

Indian Affairs deputized to enforce state law shall at all times remain 

under the supen-ision ofthe Bureau oflndian Affairs. 

Under no circumstance shall any employee ofany agency in any manner 

be construed to be an employee of any other agency except as provided by 

the Federal Tort Claims Act 28 U.S.C. 2671 et seq. And the Nebraska 

State Tort Claims Act R.R.S. 1943 81-8.209 et seq,; rather, this 

AGREEMENT shall be construed and deemed to provide for the 

reciprocal right of officers of each agency to independently respond to any 

situation warranting police intervention or assistance, as weU as for the 

mutual cooperation and assistance in those circumstances where aid, 

assistance, or back-up may be required by one agency, in which case they 

may call upon the deputies ofthe other agency for such aid assistance or 

back-up. 
Section 5 Mutual Assistance and Back-up 

The Nebraska State PatroL and the Bureau ofIndian Affairs shall have the 

right to call upon deputies ofthe other department for the purpose of 

requesting assistance, back-up, or other fonn ofmutual aid or assistance 

which may be required in the performance oflaw enforcement duties. For 

such purposes, a request made by a member ofeither agency will be 

deemed to be a request ofthe agency itself. 

Section 6 Primary RespoDSJbility or Responding Agency 

All parties to this AGREEMENT understand that in the event a request for 

assistance is made, the responding agency owes its first duty to the 

citizenry ofthat agency, and the responding agency will first fulfill 

obligations to its citizenry prior to responding to said request. 

Section 7 No Remuneration Unless Separatelv Al!Teed 

Except as provided in 9 and JO ofthis AGREEMENT, it is mutually 

agreed to that no monetary exchange or remuneration shall be due by 

either agency to the other for any assistance which may be requested or for 

services which may be rendered by one agency to the other agency unless 

such payment or remuneration shall be agreed upon separately and apart 

from this particular AGREEMEJ\1T. . 

Section 8 Claims ofNebraska State Patrol 

Any claims oftort against the Bureau oflndian A.flairs arising out ofor in 

connection with the existence ofthis agreement shall be brought pursuant 

to 28 U.S.C. 2671, et seq, the Federal Tort Claims Act, together with 

subsequent amendments thereto or revision thereof as exist at the time 

such claim oftort arises. 

Section 9 Indemnification ofBureau oflndian Affairs and Officers 

Any claims oftort against the State ofNebraska or the Nebraska State 

Patrol arising out ofor in connection with the existence ofthis agreement 

shall be brought pursuant to 81-8.209.et seq., the Nebraska State Tort 

Claims Act, together with Subsequent amendments thereto or revisions 

thereof as exist at the time such claim oftort arises. 

Section 10 Insurance 

The parties shall self insure with respect to their obligations. 

Section 11 Jurisdiction and Defenses Not Waived 

Nothing in this AGREEMENT shall be construed to affect or waive the 

jurisdiction ofthe State ofNebraska, the United States, or the Wmnebago 

Tribe ofNebraska which each has under present law or may have under 

future laws. It is further understood and agreed that this AGREEMENT 

shall not constitute a waiver of any legal defense that officers of either the 
L 

I /'7 

f'-------::1-.,_" I ,1// • 

SIGNED: M i},'J?/t.Jj_ ' 

Colonel Tom Nesbitt 

Superintendent-.-/ Governor 

Nebraska State Patrol State ofNebraska 

DATED THIS I~ day ofJune 2001 DATED THIS l~ day ofJune 2001 

Winnebago Tribe ofNebraska 

DATED THIS l~dayofJune2001 DATED THIS J~dayofJune2001 

Bureau ofIndian Afmirs, or the Nebraska State Patrol may have in any 

civil or criminal action brought pursuant to the implementation ofthis 

AGREEMENT. 

Section 12 On-going communcaiton and Conflict Resolution 

A committee shall be established to review the implementation ofthis 

AGREEMENT. The committee shall be comprised ofdesignated 

representatives ofthe Bureau ofIndian Affairs, the Nebraska State Patrol 

and the Wmnebago Tnoe ofNebraska. The committee shall meet at least 

quarterly and as needed at such times and places as may be mutually 

agreed and shall make a written report to be distnbuted to each party and 

to the Winnebago Tnbe ofNebraska. 

Section 13 Amendments 

This AGREEMENT may be amended by the mutual assent ofall parties. 

Any amendments shall be in written form signed by all parties and shall 

become a part ofthis AGREEMENT. 

Section 14 Revocation 

This AGREEMENT may be revoked by either party upon thirty (30) days 

written notice to the other parties. 

Section 15 Effective Date. Termination and Renewal 

This AGREEMENT shall be effective upon signing June l, 200l, and 

shall remain effective for a period ofthree years, upon the expiration of 

which it shall terminate, unless renewed by the mutual written assent and 

signature of all parties 

IN WITNESS WHEREOF we hereby set our hands and seals attesting to 

this provis· '!JS ofthis AGREEMENT. 

Martin Hansford 

OLES, District I Commander 

Aberdeen, SD