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)

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.

[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]


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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.

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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