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Bureau of Indian Affairs

By Fred Sanchez,2014-06-30 10:44
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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;