81 FR 74675 - Addition of the Wind River Indian Reservation to the List of Courts of Indian Offenses

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 208 (October 27, 2016)

This interim final rule establishes a Court of Indian Offenses (also known as CFR Court) for the Wind River Indian Reservation until the agency can promulgate a final rule that considers comments received.

[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74675-74677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26039]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 11

[178A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF33


Addition of the Wind River Indian Reservation to the List of 
Courts of Indian Offenses

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim final rule.

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SUMMARY: This interim final rule establishes a Court of Indian Offenses 
(also known as CFR Court) for the Wind River Indian Reservation until 
the agency can promulgate a final rule that considers comments 
received.

DATES: This interim final rule is effective on October 27, 2016. Submit 
comments by November 28, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Federal rulemaking portal www.regulations.gov. The rule is 
listed under the agency name ``Bureau of Indian Affairs.''
     Mail, Hand Delivery, or Courier: Ms. Elizabeth Appel, 
Office of Regulatory Affairs & Collaborative Action, U.S. Department of 
the Interior, 1849 C Street NW., Mail Stop 3642, Washington, DC 20240.
     We cannot ensure that comments received after the close of 
the comment period (see DATES) will be included in the docket for this 
rulemaking and considered. Comments sent to an address other than those 
listed above will not be included in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office 
of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 
273-4680; [email protected].

SUPPLEMENTARY INFORMATION: 
I. Summary of Rule
II. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act
    D. Unfunded Mandates Reform Act
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Consultation With Indian Tribes (E.O. 13175 and Departmental 
policy)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Public Availability of Comments
    N. Determination To Issue an Interim Final Rule With Immediate 
Effective Date

I. Summary of Rule

    Courts of Indian Offenses operate in those areas of Indian country 
where tribes retain jurisdiction over Indians exclusive of State 
jurisdiction, but where tribal courts have not been established to 
fully exercise that jurisdiction. The Eastern Shoshone Tribe and the 
Northern Arapaho Tribe have a joint interest in the Wind River Indian 
Reservation, however the current tribal court operating on the 
reservation, the Shoshone & Arapaho Tribal Court, is currently 
operating without the support of both tribes, and with such limited 
resources, that it may cease operations without notice. To ensure the 
continued administration of justice on the Reservation, the BIA is 
taking steps to ensure that judicial services will continue to be 
provided if the Shoshone & Arapaho Tribal Court ceases operations. 
Therefore, this rule revises a section of 25 CFR part 11 to add the 
Wind River Indian Reservation in Wyoming to the list of areas in Indian 
Country with established Courts of Indian Offenses (also known as CFR 
Courts). This rule inserts the Wind River Indian Reservation into a new 
paragraph (d) in 25 CFR 11.100.
    Adding this reservation will allow for BIA to constitute a Court of 
Indian Offenses that can provide for the administration of justice 
until such time as the Northern Arapaho and Eastern Shoshone Tribes put 
into effect a court system that meets regulatory requirements and is 
capable of serving the entire reservation.

[[Page 74676]]

II. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, reduce uncertainty, and use the best, most innovative, 
and least burdensome tools for achieving regulatory ends. The Executive 
order also directs agencies to consider regulatory approaches that 
reduce burdens and maintain flexibility and freedom of choice for the 
public where these approaches are relevant, feasible, and consistent 
with regulatory objectives. E.O. 13563 emphasizes further that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

B. Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) because the rule makes adjustments for 
inflation.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more;
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions;
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630. A takings 
implication assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. A federalism 
summary impact statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (E.O. 13175 and Departmental policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy under the criteria in 
Executive Order 13175 and have consulted with the affected tribes.
    (a) Tribal Summary Impact Statement: Prior to issuing this 
regulation the Department of the Interior and its Agencies, Bureaus, 
and Offices have communicated with the Eastern Shoshone Tribe and the 
Northern Arapaho Tribe repeatedly since 2015 regarding public safety 
concerns for the residents of the Wind River Indian Reservation. 
Following the withdrawal of the Northern Arapaho Tribe from the Joint 
Business Committee, the Shoshone and Arapaho Tribal Court has continued 
to operate, although with limited resources and without the express 
support of both tribes. Although the Department has continued to 
discuss this situation with both tribes while allowing the joint 
Shoshone and Arapaho Tribal Court to use funds previously contracted to 
it, those funds expired on September 30, 2016, and the tribes have not 
been able to agree on the continued operation of the Shoshone and 
Arapaho Tribal Court.
    The Shoshone and Arapaho Tribal Court is exercising some 
jurisdiction, however, it has no dedicated funding, no right to remain 
in its current physical location, and may cease or suspend operations 
at any time. To ensure there is not a lapse in public safety, if the 
Shoshone and Arapaho Tribal Court ceases or suspends operations, it 
will be necessary to establish a Court of Indian Offenses until such 
time as the Eastern Shoshone Tribe and the Northern Arapaho Tribe can 
agree on the operation and funding of a court system which is capable 
of serving the entire population of the Wind River Indian Reservation. 
Furthermore the Eastern Shoshone Business Committee has requested the 
Department to establish and operate a Court of Indian Offenses for the 
Wind River Indian Reservation.
    To effectuate the immediate establishment and operation of the 
Court of Indian Offenses on the Wind River Reservation in the event 
that the Shoshone & Arapaho Tribal Court ceases or suspends operations, 
the Wind River Indian Reservation is hereby added to the list of 
jurisdictions served by the Courts of Indian Offenses.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion. This 
rule is excluded from the requirement to prepare a detailed statement 
because it is a regulation of an administrative nature (for further 
information, see 43 CFR 46.210(i)). We have also determined that the 
rule does not involve any of the extraordinary circumstances listed in 
43 CFR 46.215 that would require further analysis under NEPA.

[[Page 74677]]

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

L. Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you think lists or tables would be useful, 
etc.

M. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

N. Determination To Issue an Interim Final Rule With Immediate 
Effective Date

    We are publishing this interim final rule with a request for 
comment without prior notice and comment, as allowed under 5 U.S.C. 
553(b). Under section 553(b) we find that there is good cause to 
effectuate this rule without prior notice, and comments are unnecessary 
and would be contrary to the public interest. This rule is necessary to 
ensure that a court is immediately available to administer justice on 
land within the Wind River Indian Reservation. If the Tribal Court were 
to cease or suspend operations, this would affect, among others, child 
and adult protection, and supervised Individual Indian Money account 
clients (vulnerable individuals). Accordingly, a gap in the provision 
of judicial services on the Reservation would harm the tribes and their 
members.
    As allowed under 5 U.S.C. 553(d)(3), the effective date of this 
rule is the date of publication in the Federal Register. Good cause for 
an immediate effective date exists because the delay in publishing this 
rule would inhibit access to justice for tribal members and likely 
obstruct speedy trial rights for members of those tribes coming under 
the jurisdiction of the CFR court. We are requesting comments on this 
interim final rule. We will review any comments received and, by a 
future publication in the Federal Register, address any comments 
received.

List of Subjects in 25 CFR Part 11

    Courts, Indians--law.

    For the reason stated in the preamble the Department of the 
interior, Bureau of Indian Affairs amends part 11 in title 25 of the 
Code of Federal Regulations as follows:

PART 11--COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE

0
1. The authority for part 11 continues to read as follows:

    Authority:  5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 
U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

Subpart A--Application; Jurisdiction

0
2. In Sec.  11.100, add paragraph (d) to read as follows:


Sec.  11.100  Where are Courts of Indian Offenses established?

* * * * *
    (d) This part applies to the Indian country (as defined in 18 
U.S.C. 1151 and by Federal precedent) within the exterior boundaries of 
the Wind River Reservation in Wyoming.

    Dated: October 17, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2016-26039 Filed 10-26-16; 8:45 am]
 BILLING CODE 4337-15-P