81 FR 74809 - Court of Indian Offenses Serving the Wind River Indian Reservation
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 81, Issue 208 (October 27, 2016)
Bureau of Indian Affairs
Federal Register Volume 81, Issue 208 (October 27, 2016)
| Page Range | 74809-74810 | |
| FR Document | 2016-26041 |
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)] [Notices] [Pages 74809-74810] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26041] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [178A2100DD/AAKC001030/A0A501010.999900 253G] Court of Indian Offenses Serving the Wind River Indian Reservation AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Waiver of Certain Parts of 25 CFR Part 11. ----------------------------------------------------------------------- SUMMARY: This notice accompanies the interim final rule establishing a Court of Indian Offenses (also known as CFR Court) for the Wind River Indian Reservation. It waives the application of certain sections of the regulations for the Court of Indian Offenses serving the Wind River Indian Reservation to allow BIA to establish a CFR court when necessary. It will also allow the Assistant Secretary--Indian Affairs to appoint a magistrate without the need for confirmation by the tribal governing body. DATES: This notice is effective on October 27, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 273-4680; [email protected]. SUPPLEMENTARY INFORMATION: Courts of Indian Offenses operate in those areas of Indian country where tribes retain jurisdiction over Indians that is 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 limited resources. To ensure the continued administration of justice on the Reservation, BIA is taking steps to ensure that judicial services will continue to be provided if the Shoshone & Arapaho Tribal Court ceases operations. Therefore, the Secretary has determined, in her discretion, that it is necessary to waive 25 CFR 11.104(a) and 25 CFR 11.201(a) on the Wind River Indian Reservation to ensure that the Bureau of Indian Affairs can establish and operate a Court of Indian Offenses immediately in the event that the Shoshone and Arapaho Tribal Court ceases operations. Section 11.104(a) provides that 25 CFR part 11 applies to Tribes listed in [[Page 74810]] Sec. 11.100 until either BIA and the Tribe enter into a contract or compact for the Tribe to provide judicial services, or until the Tribe has put into effect a law-and-order code that meets certain requirements. Section 11.201(a) provides that the Assistant Secretary--Indian Affairs appoints a magistrate subject to confirmation by a majority vote of the Tribal governing bodies. The waiver will allow BIA to establish a CFR court when necessary and to allow the Assistant Secretary--Indian Affairs to appoint a magistrate without the need for confirmation by the Tribal governing body. Dated: October 17, 2016. Lawrence S. Roberts, Principal Deputy Assistant Secretary, Indian Affairs. [FR Doc. 2016-26041 Filed 10-26-16; 8:45 am] BILLING CODE 4337-15-P
![Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices 74809
DEPARTMENT OF HOMELAND under the Public Assistance Alternative DEPARTMENT OF THE INTERIOR
SECURITY Procedures Pilot Program for Debris Removal
implemented pursuant to section 428 of the Bureau of Indian Affairs
Federal Emergency Management Stafford Act.
Further, you are authorized to make [178A2100DD/AAKC001030/
Agency A0A501010.999900 253G]
changes to this declaration for the approved
[Internal Agency Docket No. FEMA–4285– assistance to the extent allowable under the
DR; Docket ID FEMA–2016–0001] Court of Indian Offenses Serving the
Stafford Act.
Wind River Indian Reservation
North Carolina; Major Disaster and The time period prescribed for the
Related Determinations AGENCY: Bureau of Indian Affairs,
implementation of section 310(a), Interior.
AGENCY: Federal Emergency Priority to Certain Applications for
ACTION: Notice of Waiver of Certain
Management Agency, DHS. Public Facility and Public Housing
Assistance, 42 U.S.C. 5153, shall be for Parts of 25 CFR Part 11.
ACTION: Notice.
a period not to exceed six months after SUMMARY: This notice accompanies the
SUMMARY: This is a notice of the the date of this declaration. interim final rule establishing a Court of
Presidential declaration of a major The Federal Emergency Management Indian Offenses (also known as CFR
disaster for the State of North Carolina Agency (FEMA) hereby gives notice that Court) for the Wind River Indian
(FEMA–4285–DR), dated October 10, pursuant to the authority vested in the Reservation. It waives the application of
2016, and related determinations. Administrator, under Executive Order certain sections of the regulations for
DATES: Effective October 10, 2016. 12148, as amended, Elizabeth Turner, of the Court of Indian Offenses serving the
FOR FURTHER INFORMATION CONTACT: FEMA is appointed to act as the Federal Wind River Indian Reservation to allow
Dean Webster, Office of Response and Coordinating Officer for this major BIA to establish a CFR court when
Recovery, Federal Emergency disaster. necessary. It will also allow the
Management Agency, 500 C Street SW., The following areas of the State of Assistant Secretary—Indian Affairs to
Washington, DC 20472, (202) 646–2833. North Carolina have been designated as appoint a magistrate without the need
SUPPLEMENTARY INFORMATION: Notice is adversely affected by this major disaster: for confirmation by the tribal governing
hereby given that, in a letter dated body.
Beaufort, Bladen, Columbus, Cumberland,
October 10, 2016, the President issued Edgecombe, Hoke, Lenoir, Nash, Pitt, and
DATES: This notice is effective on
a major disaster declaration under the Robeson Counties for Individual Assistance. October 27, 2016.
authority of the Robert T. Stafford Beaufort, Bertie, Bladen, Brunswick, FOR FURTHER INFORMATION CONTACT: Ms.
Disaster Relief and Emergency Camden, Carteret, Chowan, Columbus, Elizabeth Appel, Director, Office of
Assistance Act, 42 U.S.C. 5121 et seq. Craven, Cumberland, Currituck, Dare, Regulatory Affairs & Collaborative
(the ‘‘Stafford Act’’), as follows: Duplin, Edgecombe, Greene, Hoke, Hyde, Action—Indian Affairs, (202) 273–4680;
I have determined that the damage in Johnston, Lenoir, Nash, New Hanover, elizabeth.appel@bia.gov.
certain areas of the State of North Carolina Onslow, Pamlico, Pasquotank, Pender, SUPPLEMENTARY INFORMATION: Courts of
resulting from Hurricane Matthew beginning Perquimans, Pitt, Robeson, Tyrrell,
on October 4, 2016, and continuing, is of
Indian Offenses operate in those areas of
Washington, and Wayne Counties for debris
sufficient severity and magnitude to warrant Indian country where tribes retain
removal and emergency protective measures
a major disaster declaration under the Robert jurisdiction over Indians that is
(Categories A and B), including direct federal
T. Stafford Disaster Relief and Emergency assistance, under the Public Assistance
exclusive of State jurisdiction but where
Assistance Act, 42 U.S.C. 5121 et seq. (the program. tribal courts have not been established
‘‘Stafford Act’’). Therefore, I declare that such to fully exercise that jurisdiction. The
All areas within the State of North Carolina
a major disaster exists in the State of North Eastern Shoshone Tribe and the
are eligible for assistance under the Hazard
Carolina. Northern Arapaho Tribe have a joint
In order to provide Federal assistance, you Mitigation Grant Program.
The following Catalog of Federal Domestic interest in the Wind River Indian
are hereby authorized to allocate from funds
available for these purposes such amounts as Assistance Numbers (CFDA) are to be used Reservation; however, the current tribal
you find necessary for Federal disaster for reporting and drawing funds: 97.030, court operating on the reservation, the
assistance and administrative expenses. Community Disaster Loans; 97.031, Cora Shoshone & Arapaho Tribal Court, is
You are authorized to provide Individual Brown Fund; 97.032, Crisis Counseling; currently operating without the support
Assistance and assistance for debris removal 97.033, Disaster Legal Services; 97.034, of both Tribes, and with limited
and emergency protective measures Disaster Unemployment Assistance (DUA); resources. To ensure the continued
(Categories A and B) under the Public 97.046, Fire Management Assistance Grant; administration of justice on the
Assistance program in the designated areas, 97.048, Disaster Housing Assistance to Reservation, BIA is taking steps to
Hazard Mitigation throughout the State, and Individuals and Households in Presidentially ensure that judicial services will
any other forms of assistance under the Declared Disaster Areas; 97.049,
Stafford Act that you deem appropriate
continue to be provided if the Shoshone
Presidentially Declared Disaster Assistance—
subject to completion of Preliminary Damage & Arapaho Tribal Court ceases
Disaster Housing Operations for Individuals
Assessments (PDAs). Direct Federal operations. Therefore, the Secretary has
and Households; 97.050, Presidentially
assistance is authorized. Declared Disaster Assistance to Individuals
determined, in her discretion, that it is
Consistent with the requirement that and Households—Other Needs; 97.036, necessary to waive 25 CFR 11.104(a)
Federal assistance is supplemental, any Disaster Grants—Public Assistance and 25 CFR 11.201(a) on the Wind River
Federal funds provided under the Stafford Indian Reservation to ensure that the
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(Presidentially Declared Disasters); 97.039,
Act for Hazard Mitigation and Other Needs Bureau of Indian Affairs can establish
Hazard Mitigation Grant.
Assistance will be limited to 75 percent of and operate a Court of Indian Offenses
the total eligible costs. Federal funds W. Craig Fugate,
provided under the Stafford Act for Public
immediately in the event that the
Administrator, Federal Emergency Shoshone and Arapaho Tribal Court
Assistance also will be limited to 75 percent
Management Agency. ceases operations.
of the total eligible costs, with the exception
of projects that meet the eligibility criteria for [FR Doc. 2016–25598 Filed 10–26–16; 8:45 am] Section 11.104(a) provides that 25
a higher Federal cost-sharing percentage BILLING CODE 9111–23–P CFR part 11 applies to Tribes listed in
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![74810 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices
§ 11.100 until either BIA and the Tribe electronically at http:// • Ensuring the continued integrity of
enter into a contract or compact for the parkplanning.nps.gov/ the wilderness character;
Tribe to provide judicial services, or FireIslandBreachManagementPlan. • protecting the natural and cultural
until the Tribe has put into effect a law- Comments in hard copy (e.g., in a letter) features of the Seashore and its
and-order code that meets certain can be sent by U.S. Postal Service or surrounding ecosystems;
requirements. other mail delivery service or hand- • protecting human life; and
Section 11.201(a) provides that the delivered to: Chris Soller, • managing the risk of economic and
Assistant Secretary—Indian Affairs Superintendent, Fire Island National physical damage to the surrounding
appoints a magistrate subject to Seashore, 120 Laurel Street Patchogue, areas.
confirmation by a majority vote of the NY 11772. Written comments will also Scoping and early engagement with
Tribal governing bodies. be accepted at the public meeting. other agencies, tribes, stakeholders, and
The waiver will allow BIA to establish the public began in late 2014 and
FOR FURTHER INFORMATION CONTACT:
a CFR court when necessary and to continued through 2015. Formal public
Kaetlyn Jackson, Fire Island National scoping was initiated with the
allow the Assistant Secretary—Indian Seashore, 120 Laurel Street Patchogue,
Affairs to appoint a magistrate without publication of a Notice of Intent to
NY, 11772, 631–687–4770. Prepare an EIS in the Federal Register
the need for confirmation by the Tribal SUPPLEMENTARY INFORMATION: On
governing body. (80 FR 53886, Sept. 8, 2015). Early in
October 29, 2012, Hurricane Sandy the scoping period, the US Army Corps
Dated: October 17, 2016. created three breaches in the barrier of Engineers, New York district and the
Lawrence S. Roberts, island system off the south shore of State of New York, Department of
Principal Deputy Assistant Secretary, Indian Long Island, New York, including one Environmental Conservation agreed to
Affairs. within the Otis Pike Fire Island High be cooperating agencies in development
[FR Doc. 2016–26041 Filed 10–26–16; 8:45 am] Dune Wilderness Area (Fire Island of the Breach Plan/EIS.
BILLING CODE 4337–15–P Wilderness) which is within the The Draft Breach Plan/EIS evaluates
boundaries of Fire Island National two action alternatives and the no-
Seashore (Seashore). action alternative.
DEPARTMENT OF THE INTERIOR The existing Breach Contingency Alternative 1—Mechanical closure of
Plan, developed by the U.S. Army Corps the wilderness breach as soon as
National Park Service of Engineers in 1996, is the only possible.
[NPS–NER–FIIS–DTS–21798; guidance currently in effect to address Alternative 2 (no action)—The
PX.P0201786a.00.1] breaches along coastal Long Island from evolution, growth, and/or closure of the
Fire Island Inlet east to Montauk Point. wilderness breach would be determined
Draft Fire Island Wilderness Breach Action is needed at this time because by natural barrier island processes and
Management Plan/Environmental the Breach Contingency Plan is outdated no human intervention would occur to
Impact Statement, Fire Island National and does not adequately address close the breach or to reopen the breach
Seashore, New York management of breaches in the Fire if it were to close by natural processes.
Island Wilderness. Alternative 3 (proposed action and
AGENCY: National Park Service, Managing a breach in designated NPS preferred alternative)—The
Department of the Interior. wilderness is different from managing evolution, growth, and/or closure of the
ACTION: Notice of availability. breaches outside wilderness areas, as breach would be determined by natural
the NPS must manage federal barrier island processes, and human
SUMMARY: The National Park Service
wilderness to preserve wilderness intervention to close the breach would
(NPS) announces the availability of the
character. Management of the Fire occur only ‘‘to prevent loss of life,
Draft Fire Island Wilderness Breach
Island Wilderness must comply with the flooding, and other severe economic and
Management Plan and Environmental
Wilderness Act of 1964; the 1980 Otis physical damage to the Great South Bay
Impact Statement (Draft Breach Plan/
Pike Fire Island High Dune Wilderness and surrounding areas.’’ The NPS would
EIS) for Fire Island National Seashore,
Act (Pub. L. 96–585); and the 1983 develop criteria that indicate the breach
New York. The Draft Breach Plan/EIS
Wilderness Management Plan, Fire poses a threat to life and/or property. As
presents and analyzes the potential
Island National Seashore, which long as monitoring data show that the
consequences of three alternatives that
governs NPS actions taken in the Fire established criteria have not been
will guide the management of the
Island Wilderness. However, while the exceeded, the NPS would allow the
breach that occurred in the Otis Pike
wilderness breach must be managed to breach to be shaped entirely by natural
Fire Island High Dune Wilderness
protect wilderness character, the Otis processes with no human intervention.
during Hurricane Sandy in October,
Pike Fire Island High Dune Wilderness The breach may remain open or it may
2012.
Act does not preclude closure of a close naturally. If monitoring data
DATES: The comment period will end on wilderness breach if closure were indicate that the established criteria
December 12, 2016. A public meeting needed ‘‘to prevent loss of life, flooding, have been exceeded, the breach would
will be held on November 7, 2016. and other severe economic and physical be mechanically closed as soon as
ADDRESSES: Copies of the Draft Breach damage to the Great South Bay and practicable.
Plan/EIS will be available online for surrounding areas.’’ Therefore, pursuant Alternative 3 is identified as the NPS
public review at http:// to the National Environmental Policy preferred alternative because it allows
parkplanning.nps.gov/ Act of 1969 (42 U.S.C. 4321 et seq.), the the breach to be managed according to
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FireIslandBreachManagementPlan. A NPS prepared this Draft Fire Island NPS resource management policies and
limited number of hard copies will be Wilderness Breach Management Plan wilderness directives while allowing
available upon request. The public and Environmental Impact Statement closure if necessary to prevent ‘‘loss of
meeting will be held at the Patchogue- (Draft Breach Plan/EIS) to develop a life, flooding, and other severe
Watch Hill Ferry Terminal at 150 West management strategy for the breach in economic and physical damage to the
Ave. in Patchogue, New York. the Fire Island Wilderness. The Draft Great South Bay and surrounding
Comments can be submitted Breach Plan/EIS has several goals: areas.’’
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Document Created: 2016-10-27 01:53:00
Document Modified: 2016-10-27 01:53:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Waiver of Certain Parts of 25 CFR Part 11. | |
| Dates | This notice is effective on October 27, 2016. | |
| Contact | Ms. Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 273-4680; [email protected] | |
| FR Citation | 81 FR 74809 |
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