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Bureau of Indian Affairs

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Bureau of Indian Affairs

    Bureau of Indian Affairs

    Office of Law Enforcement Services

    Inter-Governmental Cross Deputation Agreement

    (Standard Agreement)

    WHEREAS, the United States Congress has authorized the Secretary of the Interior, acting through the Bureau of Indian Affairs (hereinafter "BIA"), to enter into agreements with Indian tribes to aid in the enforcement or carrying out, in Indian country, laws of either the United States or Indian tribes, pursuant to the Indian Law Enforcement Reform Act, 25 U.S.C. Section 2801, et seq., Public Law 101-379, 104 Stat. 473; and

    WHEREAS, the _____________________________ Tribe [Nation] (hereinafter "Tribe") has enacted or may enact legislation authorizing designated tribal representatives to enter into and execute cross-deputation agreements, subject to any conditions and limitations set forth in said legislation; and

    WHEREAS, the Legislature of the State of ________________________ has authorized the State and its political subdivisions to enter into cooperative agreements with the State and its political subdivisions, the federal government and Indian tribal governments in accordance with the _____________________________________ [example: Oklahoma Interlocal Cooperation Act, 74 O.S. Statute 1002 (1965) et seq., and the State-Tribal Relations Act, 74 O.S. Statute 1221 et seq. (1985)]; and

    WHEREAS, it is in the best interest of the United States of America, the State of _________________________, political subdivisions of the State of

    _________________________, and the Tribe that the parties hereto declare and agree that each shall fully cooperate with the other to provide efficient, effective and thorough law enforcement and crime prevention to all residents on or near Indian country within the Tribe's jurisdiction; and

    NOW, THEREFORE, the U.S. Department of the Interior through the Bureau of Indian Affairs and the undersigned governmental entities in the State of Oklahoma hereby enter into this Inter-Governmental Cooperative Agreement.

Section 1. Purpose:

    The purposes of this Inter-Governmental Cross-Deputation Agreement are to: Provide for the cross-deputation of law enforcement officers employed by the various governmental entities which are or shall become parties hereto; and

    A. Authorize commissioned officers to provide law enforcement services and make

    lawful arrests on or near Indian country within the geographic area of the Tribe; and B. Authorize commissioned law enforcement officers to react immediately to observed

    violations of the law and other emergency situations regardless of whether such

    occurrences violate the criminal statutes of the United States, the State of Oklahoma,

    and/or the Tribe; and

    C. Provide for efficient, effective and cooperative law enforcement efforts on or near

    Indian country in the geographic area of the Tribe within the State of Oklahoma; and D. Eliminate the uncertainties which have caused reluctance among various law

    enforcement agencies to provide services on or near Indian country for fear of being

    subjected to tort and civil rights suits as a consequence of the good-faith errors of

    officers making arrests, or quelling disturbances on or near Indian country; and E. Provide comprehensive law enforcement protection to citizens of the State of

    Oklahoma and the Tribe whether they be on or off Indian country within the

    geographic area of the Tribe, including, but not limited to, responding to observed

    violations of the law, effecting arrests, responding to calls for assistance, performing

    investigations and providing other assistance such as dispatching and detention.

Section 2. Definitions:

    A. "Agreement" wherever used herein shall mean this Inter-governmental Cooperative

    Agreement;

    B. "BIA" wherever used herein shall mean the Bureau of Indian Affairs; C. "BIA officers" wherever used herein shall mean officers employed by the Bureau of

    Indian Affairs, Office of Law Enforcement Services;

    D. "Commissioning entity" wherever used herein shall mean an entity which issues a law

    enforcement commission to an officer of the other entity;

    E. "Eligible Party" wherever used herein shall mean the Tribe, the State of

    ____________________, a county or counties in the State of ___________________

    whose geographic area overlaps in whole or in part with the Tribe's Indian country as

    defined in Section 2.K of this Agreement, and a city or cities in the State of

    ____________________ whose geographic area overlaps in whole or in part with the

    Tribe's Indian country; except that no county or city shall be an Eligible Party if the

    Tribe enacts a resolution objecting to the use of personnel of said county or city; F. "Entity" wherever used herein shall mean a law enforcement entity of a government,

    department, or political subdivision thereof which is or shall become a party to this

    Agreement;

    G. "Federal Offense" wherever used herein means an offense against the laws of the

    United States, including violation of any applicable criminal provisions in 25CFR

    Part 11 and any other applicable Federal regulations relating to part or all of Indian

    country;

    H. "Officer" wherever used herein shall mean a law enforcement officer, agent and

    criminal investigators;

    I. "Prosecutor" wherever used herein shall mean a person by whom criminal

    proceedings are instituted or conducted;

    J. "State Party" wherever used herein shall mean any Eligible Party as defined by

    Section 2.E., except the Tribe;

    K. "The Tribe's Indian country" wherever used herein shall mean Indian country as

    defined by 18 U.S.C. Section 1151 located within the Tribe's geographical boundaries; L. "Tribal Police" wherever used herein shall mean the law enforcement department of

    the Tribe as established by law of the Tribe.

Section 3. Addition of Parties; Termination of Earlier Agreements:

    A. The BIA will initially enter into this agreement with one or more of the following:

    (1) The Tribe; and/or

    (2) A State Party as defined by Section 2.J of this Agreement, provided that if the

    Tribe is not yet a party to the agreement, the BIA will notify the Tribe by certified

    mail, return receipt requested, of its intent to negotiate and enter into this

    agreement with a State Party and offer the Tribe an opportunity to consult with

    the BIA as required by 25 U.S.C. Section 2804(c), during which time the Tribe

    may offer comments concerning the proposed Agreement.

    B. By entering into this Agreement, each party to this Agreement expressly authorizes

    any remaining Eligible Party, as defined by Section 2.E of this Agreement, to become

    a party to this Agreement after this Agreement goes into effect;

    C. The addition of parties to this Agreement shall not require any separate or additional

    approval by existing parties and signatories to the Agreement. The parties hereby

    agree to extend the provisions of and to be mutually bound by this Agreement with

    each party to this Agreement, whether an original party or a new party; D. This Agreement, when effective as to a Specific County or City, shall replace and

    supersede any pre-existing inter-governmental cross-deputation agreement, involving

    the Tribe's Indian country to which said County or City was a party. Said parties

    shall take any steps necessary to formally terminate any such pre-existing agreement;

    provided that nothing herein shall invalidate or diminish any law enforcement

    commission issued pursuant to any such pre-existing agreement, pursuant to Section

    6.F of this Agreement.

Section 4. Term; Withdrawal; Amendments:

    A. The initial term of this Agreement shall be for a period of two (2) years commencing

    on the initial effective date as described in Section 14 of this Agreement. Thereafter

    this Agreement shall be automatically renewed as to each party for successive one (1)

    year periods unless thirty days prior to a renewal date any party gives notice to all

    other parties that this Agreement will not be renewed, in which case the Agreement

    shall be terminated as to the non-renewing party;

    B. Any party may withdraw from this Agreement, with or without cause, upon giving all

    parties sixty (60) days' written notice of withdrawal. Such notice shall be served by

    certified mail and shall be deemed served on the date the notice is deposited, postage

    prepaid, in the U.S. mail. Withdrawal from this Agreement by any party shall not

    terminate this agreement as to any remaining parties;

    C. With the exception of the addition of Eligible Parties to this Agreement, this

    Agreement shall not be amended unless such amendment is in writing and executed

    by each party to this Agreement as of the date of the amendment.

Section 5. Coordination; Supervision; Status of Parties:

    A. No separate legal or administrative entity is created by this Agreement; B. This Agreement shall be administered by a board comprised of the following

    designated coordinators for each of the following entities:

    1. BIA: Commander, District _____, Office of Law

     Enforcement Services, BIA or authorized

     designee;

    2. State Entities: Director, State Bureau of Investigation

     Chief, State Highway Patrol

     Director, State Bureau of Narcotics and

     Dangerous Drugs Control

    3. Tribe: Tribal Chief of Police

    4. County: County Sheriff's Office: Sheriff

     District Attorney's Office: District Attorney

    5. City: City's Chief of Police

    C. Notwithstanding any other provision in this Agreement, the respective law

    enforcement entities of the BIA and the State, including their agents, employees and

    insurers, shall not have the authority or any right whatsoever to control in any manner

    the day-to-day discharge of the duties and/or activities of the officers of the other

    entity who have been commissioned pursuant to Section 6 of this Agreement, unless

    said officers are acting pursuant to the granting agency's commission and under the

    authority of this Agreement. Nothing herein impairs or affects the existing status of

    each entity nor the sovereignty of each government as established under the laws of

    the United States and the State.

Section 6. Commissions:

    A. Each entity of a party to this Agreement may, in its discretion, issue special law

    enforcement commissions to law enforcement officers who are full-time employees

    of any entity of any other party upon the application for commissions for specified

    officers by the other entity. Such commissions shall grant to the officers the same

    law enforcement authority as that of officers of the commissioning entity unless

    specifically limited by the terms of the commission. All commissions issued

    hereunder shall be in written form;

    B. The officers of the entities of parties to this Agreement shall not be automatically

    cross-deputized by virtue of the execution of this Agreement, but must be

    commissioned on an individual basis, upon application and approval of each officer's

    application by the commissioning entity; except that BIA officers who are performing

    law enforcement for the Tribe shall not need a commission from the Tribe in order to

    enforce 25 CFR Part 11 or any of the Tribe's criminal laws approved by the Secretary

    of Interior within the Tribe's Indian country at the Tribe's request, in the absence of a

    law enforcement contract or compact between the Tribe and the Federal Government

    pursuant to 25 U.S.C. Statute 450 et seq.;

    C. Upon the granting of such application by the BIA as commissioning agency, the

    approved officer shall receive a Deputy Special Officer (hereinafter "DSO")

    commission from the BIA;

    D. Upon the granting of such application by the Tribe as commissioning agency, the

    approved officer shall receive a tribal Police commission from the Tribe; E. Upon the granting of such application by a State Party as commissioning agency, the

    approved officer shall receive the appropriate state, county or city commission from

    the State Party;

    F. A commission granted by a commissioning entity to an officer of another entity

    pursuant to an inter-governmental agreement authorizing cross-deputation in effect on

    date of execution of this Agreement by the commissioning entity shall remain valid,

    unless suspended or revoked by the commissioning entity or unless the commission's return to the commissioning entity is otherwise required by Section 7.E of this Agreement.

    Section 7. Commission Applicant Qualifications; Cards; Suspension or Revocation

    of Commission:

    A. A commission shall not be granted by the BIA or a State Party unless: 1. The applicant officer's entity has provided a satisfactory National Crime

    Information Center (NCIC) background check on the applicant officer; and 2. The officer has complied with all of the prerequisites for appointment as a police

    officer as set forth in 40 Indian Affairs Manual Law Enforcement Handbook,

    Volume 1, Chapter 2, Section 4, as well as any other specific requirements of the

    BIA, which shall include the following minimum prerequisites:

    (a) Is at least 21 years of age;

    (b) Within the period immediately preceding the issuance of the commission, has

    passed his or her department's firearms qualifications and continues to be

    certified semi-annually;

    (c) Has not ever been convicted of a felony nor, within the one year period

    immediately preceding the issuance of the commission, has not been

    convicted of a misdemeanor offense, with the exception of minor traffic

    offenses, nor been convicted of a misdemeanor domestic violence preventing

    him or her from possessing a firearm in compliance with the Gun Control Act

    of 1968, and has not been the subject of a court order prohibiting him or her

    from possessing a firearm;

    (d) Has no physical, emotional, or mental condition which might adversely affect

    his or her performance as an active law enforcement officer;

    (e) Is a U.S. citizen, has a valid drivers license and a high school diploma or

    equivalent; and

    (f) Meets State or Federal Peace Officer Standards and Training (POST)

    requirements for certification as a bona fide full-time peace officer and has

    written proof of such certification.

    B. A commission shall not be granted by the Tribe unless the officer has complied with each of the minimum prerequisites set forth in sub-section A.1. and A.2(a)-(f) above, and complies with any other specific requirements of the Tribe or State;

    C. The commissioning entity shall notify the applicant entity of the names of the officers receiving commissions hereunder;

    D. Prior to receipt of a commission, each recipient officer shall agree in writing to assume the responsibility for returning the commission card to his or her entity immediately when one or more of the following conditions set forth in sub-section E.(1) through (7) of this Section occur;

    E. An officer's entity shall secure and return the officer's commission card and any other evidence of the commission to the commissioning entity no later than ten (10) days following actual knowledge of or receipt of notice of the occurrence of any one of the following events:

    1. The officer transfers to an area or jurisdiction outside of the jurisdictional area of

    the Tribe in the case of a tribal officer or outside the jurisdictional area of District

    ______, Law Enforcement Services, BIA, in the case of a BIA officer or to a

    jurisdiction not party to this Agreement in the case of a State officer; 2. The officer terminates employment as a full-time law enforcement officer of the

    entity for any reason;

    3. The officer is suspended or terminated for any reason;

    4. The officer is under indictment or has been charged with a crime other than a

    minor traffic offense;

    5. The commissioning entity sends written notice to the officer and the officer's

    entity that it has exercised its sole discretion to suspend or revoke the officer's

    commission temporarily, indefinitely, or permanently. The decision of the

    commissioning entity to suspend or revoke a commission, whether temporarily,

    indefinitely or permanently, shall be final;

    6. The commission expires;

    7. The officer's entity withdraws from this Agreement or this Agreement is

    terminated as to such officer's entity for any reason pursuant to Section 4 of this

    Agreement;

    8. The Tribe has adopted a resolution objecting to use of a State Party officer;

    F. The parties may independently or jointly evaluate the effectiveness of the use of special law enforcement commissions provided for herein. The parties shall cooperate in the investigation of any allegation that an officer commissioned by another entity pursuant to Section 6 of this Agreement exceeded the authority given to the officer by the said commission.

    Section 8. Scope of Powers Granted:

    A. BIA and State Party officers who receive commissions from the Tribe shall have authority to respond to observed violations of the law, and upon request, investigate offenses and enforce the criminal laws enumerated in the Tribe's Law and Order Code and other laws of the Tribe;

    B. Officers of the Tribe and State Party officers who receive BIA commissions shall have authority to perform any activity authorized under 25 U.S.C. Section 2803 (1)-(7). Such officers shall have the authority to assist the BIA and other Federal law enforcement officials in the prevention, detection, and investigation of a Federal "offense" as defined in the Indian Law Enforcement Reform Act, 25 U.S.C. Section 2801 and Section 2.G of this Agreement, within the Tribe's Indian country, including the following activities: conducting preliminary investigations, reporting potential crimes, apprehension of alleged offenders, detention and delivery of alleged offenders to appropriate authorities, securing crime scenes, contacting appropriate authorities, and notifying the Criminal Investigator of the BIA of all activities related to enforcement of such Federal laws and regulations. Officers of the Tribe who receive BIA commissions may also, when requested, assist any other Federal agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers within the Tribe's jurisdiction. With approval of the BIA, any other federally recognized tribe whose officers receive BIA commissions pursuant to a separate cross-deputation agreement, shall have authority to perform all federal law enforcement activities, described in this sub-section within the requesting Tribe's

    Indian country, provided that the Tribe has consented in writing to the assistance of

    such tribal officers;

    C. BIA officers and officers of the Tribe who receive State Party commissions shall have

    authority to act upon observed violations of the State Party's criminal laws, and upon

    request, investigate offenses and enforce the criminal laws of the State Party; D. Nothing in this Agreement shall make any law applicable to a certain person or

    certain conduct where it would not otherwise be applicable. Accordingly, the purpose

    of this Agreement is to vest cross-deputized or commissioned officers with the

    authority to enforce only the applicable law(s);

    E. Nothing herein shall alter or convey any judicial jurisdiction or impair, limit or

    diminish the status of any entity or the sovereignty of any government; F. The Parties hereto shall cooperate and share information related to law enforcement

    matters among themselves to the extent authorized by law.

    Section 9. Arrest Procedure and Facilities; Transportation; Medical Treatment: A. After lawful arrest by an officer commissioned pursuant to this Agreement, the

    prisoner shall be turned over to a responsible official of the United States, the BIA,

    the State Party or the Tribe for purposes of detention and processing as provided for

    by the appropriate detention facility administrator unless otherwise provided by

    agreement. Prisoners arrested under federal authority shall be detained in a facility

    approved for said prisoners;

    B. The official determination of the correct jurisdictional authority for purposes of

    prosecution shall be made by the United States Attorney's Office, a Bureau of Indian

    Affairs Court of Indian Offenses prosecutor, a State District Attorney's Office, and/or

    the Tribe's prosecutor. Any necessary transfer of custody of the prisoner resulting

    from such determination shall be made at the earliest practicable time. All evidence

    and investigatory reports and products shall be turned over to the proper authority at

    the earliest practicable time. The prisoner shall be taken before a judge of the

    appropriate jurisdiction within forty-eight (48) hours after the time of arrest; C. In the event an Indian prisoner that is subject to federal or tribal court jurisdiction and

    is in the custody of any entity of a party hereto requires medical treatment, the

    officers of said entity shall have the power and authority to transport such prisoner to

    the nearest Indian Health Service or a tribal health care facility to avoid any

    significant medical expense. In cases of extreme emergency where it is not feasible

    or practicable to take the Indian prisoner to an IHS or tribal facility, the Indian

    prisoner may be treated at a local, federal or state health care facility as emergency

    needs dictate. In such emergency cases, the Indian prisoner, or an individual or

    agency acting on behalf of the Indian, or the medical care provider, within seventy-

    two (72) hours after the beginning of the treatment for the condition or after

    admission to a health care facility, notify the nearest IHS facility of the fact of the

    admission or treatment, together with information necessary to determine the relative

    medical need for the services and the eligibility of the Indian for the services.

    Authorization for payment by IHS/Contract Health Services will be determined on

    the basis of medical priorities established by federal regulations and the Contract

    Health Services Program and is subject to availability of funds;

    D. In the event it becomes necessary to provide guard security for an Indian prisoner

    subject to Federal or the Tribe's jurisdiction at a health facility or any place other than

    jail facilities, officers of the BIA and the Tribe shall have the power and authority to

    provide such service;

    E. In the event an emergency mental or psychiatric condition arises with an Indian

    prisoner subject to Federal or the Tribe's jurisdiction, officers of the BIA and the

    Tribe shall have the power and authority to immediately take custody of said prisoner

    for appropriate action pursuant to applicable law.

Section 10. Orientation, Technical Assistance and Training:

    A. Each party is responsible for providing to its own full-time officers a thorough

    orientation regarding specific authority a holder of a commission is to exercise by

    virtue of the commission;

    B. The Tribe, the BIA and each State Party shall ensure that each of its officers is

    qualified in the field of law enforcement and has a working knowledge of arrest

    procedure, rules of evidence, crime scene search, preservation of evidence, writing

    reports, testifying in court and related police and detention functions; C. The designated coordinator for each entity identified in Section 5 herein shall

    determine what other training or technical assistance is or may be required for that

    entity's officers, particularly in the areas of jurisdiction and tribal, state and Federal

    substantive and procedural criminal laws;

    D. The BIA may provide technical assistance and assist in providing in-house training to

    officers of the Tribe, administrative personnel and others, depending upon availability

    of resources.

Section 11. Conduct:

    Each entity of a party to this Agreement will require each of its police officers who is issued a DSO commission hereunder to follow a law enforcement code of conduct prescribed by the entity. The code will establish specific guidelines concerning conflicts of interest, employee conduct both on and off duty, impartiality and thoroughness in performance of duty, and acceptance of gifts or favors. Each officer will acknowledge in writing that he or she has received and understands the code of conduct. The acknowledgment will remain on file with the entity's police administration as long as the officer is employed with the entity. Additionally, training will be conducted on the code of conduct and ethics issues at least once a year in accordance with 25 CFR Section 12.51 or corollary state or local requirements.

Section 12. Liabilities and Immunities:

    A. While performing an official act for a commissioning entity under authority of a

    commission authorized by this Agreement, officers shall have the same powers as

    those employed by and shall be deemed to be acting within the scope of authority of

    the commissioning entity in whose or under whose territorial jurisdiction they are

    serving. Salaries, insurance and other benefits shall not be the responsibility of an

    entity that is not the employing entity for the officer. Each entity's property

    acquisition, possession and disposition shall be the separate responsibility of that

    entity;

    B. An officer of the Tribe or State Party officer holding a DSO commission while

    performing any official act for the purpose of federal law enforcement in the Tribe's

    Indian country under authority of said commission shall be afforded all protections

    extended by the Indian Law Enforcement Reform Act, 25 U.S.C. Section 2804, and

    other application Federal law;

    C. A BIA officer or State Party officer holding a tribal commission while performing

    any official act for the purpose of tribal law enforcement in the Tribe's Indian country

    under authority of said commission shall be afforded all protections allowed by

    applicable Federal and tribal law;

    D. A BIA officer or an officer of the Tribe holding a State Party commission while

    performing any official act for the purpose of state or local law enforcement in the

    State under authority of said commission shall be afforded all protections allowed by

    applicable federal, tribal and state laws;

    E. It is understood and agreed that the BIA, the Tribe, and any State Party, and their

    agents, employees and insurers, do not, by virtue of this Agreement, assume any

    responsibility or liability for the actions of officers commissioned pursuant to this

    Agreement which are performed outside the scope of their duties;

    F. Nothing in this Agreement shall be read as waiving or limiting any defenses to claims

    of liability otherwise available to law enforcement officers, such as the defense of

    qualified immunity;

    G. Nothing in this Agreement shall be construed as a waiver of any government's

    sovereign immunity, not otherwise expressly waived by legislative act of said

    government or by Act of Congress.

Section 13. Worker's Compensation:

    Nothing herein waives or limits the responsibility of each party to provide Worker's Compensation coverage for its own officers who are cross-deputized pursuant to this Agreement. Where a claim for Worker's Compensation is made, the officer's entity is responsible for providing the Worker's Compensation coverage regardless of where the action occurred or the law that was being enforced.

Section 14. Effective Date:

    This Agreement shall become effective as follows:

    A. This Agreement shall become effective between the BIA and the Eligible Party which

    first enters into this Agreement on the last date of execution by the authorized

    representatives of the Tribe and the authorized representative of said Eligible Party,

    subject to any applicable state law requirement related to a State Party for filing of the

    agreement with the __________________ (State) Secretary of State;

    B. Thereafter, this Agreement shall become effective among the BIA, the Eligible Party

    which first enters into this Agreement, and any additional Eligible Party on the date

    specified in the Addendum to this Agreement by which said additional Eligible Party

    becomes a party to this Agreement.

    FEDERAL APPROVAL:

    Approval as to proper form and compatibility with the laws of the United States:

__________________________________________ _____________________

Field Solicitor, Department of Interior Date

    __________________________________________ _____________________ Commander, District _____, Date

    Office of Law Enforcement Services, BIA

TRIBAL APPROVAL:

    Approved as to proper form and compatibility with the laws of the _________________________ Tribe [Nation]:

    __________________________________________ ______________________ Attorney Tribe [Nation] Date

    __________________________________________ ______________________ Official Tribe [Nation] Date

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