82 FR 61448 - 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 82, Issue 248 (December 28, 2017)
Bureau of Indian Affairs
Federal Register Volume 82, Issue 248 (December 28, 2017)
| Page Range | 61448-61450 | |
| FR Document | 2017-28063 |
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)] [Rules and Regulations] [Pages 61448-61450] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28063] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 11 [189A2100DD/AAKC001030/A0A501010.999900] RIN 1076-AF39 Addition of the Wind River Indian Reservation to the List of Courts of Indian Offenses AGENCY: Bureau of Indian Affairs, Interior. ACTION: Final rule; confirmation. ----------------------------------------------------------------------- SUMMARY: The Bureau of Indian Affairs (BIA) is confirming the interim final rule published on October 27, 2016, establishing a Court of Indian Offenses (also known as a CFR Court) for the Wind River Indian Reservation. DATES: This final rule is effective on December 28, 2017. 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. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs I. Summary of Rule Generally, 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 an equal joint interest in the Wind River Indian Reservation. Since the publication of the Interim Final Rule establishing the Court of Indian Offenses for the Wind River Indian Reservation, the Shoshone & Arapaho Tribal Court has operated without the legal support of the Eastern Shoshone Tribe, and with limited resources. The Bureau has attempted to work with the Northern Arapaho Tribe towards establishing a system of courts with concurrent jurisdiction. However, after nine months of operation, the joint nature of the Wind River Indian Reservation has proven establishing such a system untenable. Allowing the Bureau of Indian Affairs to constitute a CFR Court will provide all residents on the Wind River Indian Reservation with comprehensive judicial services, and ensure the administration of justice and public safety. To accomplish this, this rule finalizes the revision of 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. An interim final rule published on October 27, 2016 (81 FR 74675). Comments received on the interim final rule are addressed in Section II.H of this preamble, below. 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 [[Page 61449]] 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, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order 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 affects only the administration of justice on a reservation through a CFR court. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). 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. Prior to issuing this regulation, the Department of the Interior and its Agencies, Bureaus, and Offices, communicated repeatedly with the Eastern Shoshone Tribe and the Northern Arapaho Tribe 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 & Arapaho Tribal Court continued to operate with limited resources and only with the support of the Northern Arapaho Tribe. The Northern Arapaho Tribe has established its own Northern Arapaho Tribal Code has retitled the Shoshone & Arapaho Tribal Court as the Northern Arapaho Tribal Court. The Northern Arapaho Tribe and Eastern Shoshone Tribe have responded to the Interim Final Rule. The Northern Arapaho Tribe provided extensive documentation on its right to establish an independent judiciary, without addressing the pragmatic consequences of having multiple courts with concurrent jurisdiction on the Reservation. The Eastern Shoshone Business Committee expressly requested that the Department establish and operate a Court of Indian Offenses for the Wind River Indian Reservation. After reviewing these comments, and the operation of the Court of Indian Offenses for the Wind River Indian Reservation over the past nine months, the Department has determined that to ensure public safety, it is necessary to establish a Court of Indian Offenses for the Wind River Indian Reservation. 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'', 42 U.S.C. 4321 et seq.) 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. 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 [[Page 61450]] 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. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. 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 The interim final rule amending 25 CFR part 11 which was published at 81 FR 74675 on October 27, 2016, is adopted as final without change. Dated: December 19, 2017. John Tahsuda, Principal Deputy Assistant Secretary--Indian Affairs, Exercising the Authority of the Assistant Secretary--Indian Affairs. [FR Doc. 2017-28063 Filed 12-27-17; 8:45 am] BILLING CODE 4337-15-P
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III. Analysis of Environmental Impact (b) Classification. Class II (special D. Unfunded Mandates Reform Act
controls). The special controls for this E. Takings (E.O. 12630)
The Agency has determined under 21 F. Federalism (E.O. 13132)
device are:
CFR 25.34(b) that this action is of a type G. Civil Justice Reform (E.O. 12988)
(1) The patient contacting materials H. Consultation With Indian Tribes (E.O.
that does not individually or
must be evaluated to be biocompatible. 13175 and Departmental Policy)
cumulatively have a significant effect on
(2) Nonclinical performance data I. Paperwork Reduction Act
the human environment. Therefore,
must demonstrate that the device will J. National Environmental Policy Act
neither an environmental assessment
not break when subjected to the forces K. Effects on the Energy Supply (E.O.
nor an environmental impact statement 13211)
it will be exposed to during labor.
is required. L. Clarity of This Regulation
(3) Performance data must validate
M. E.O. 13771: Reducing Regulation and
IV. Paperwork Reduction Act of 1995 the sterility of the device.
Controlling Regulatory Costs
(4) Performance data must support the
This final order establishes special shelf life of the device by demonstrating I. Summary of Rule
controls that refer to previously continued sterility and package integrity
approved collections of information Generally, Courts of Indian Offenses
over the labeled shelf life. operate in those areas of Indian country
found in other FDA regulations. These (5) Clinical performance data must be
collections of information are subject to where Tribes retain jurisdiction over
provided that characterizes the rate of Indians that is exclusive of State
review by the Office of Management and skin/tissue trauma.
Budget (OMB) under the Paperwork jurisdiction, but where Tribal courts
(6) The labeling must include: have not been established to fully
Reduction Act of 1995 (44 U.S.C. 3501– (i) Specific instructions regarding the
3520). The collections of information in exercise that jurisdiction. The Eastern
proper placement and use of the device. Shoshone Tribe and the Northern
the guidance document ‘‘De Novo (ii) A shelf life.
Classification Process (Evaluation of Arapaho Tribe have an equal joint
Automatic Class III Designation)’’ have Dated: December 22, 2017. interest in the Wind River Indian
been approved under OMB control Leslie Kux, Reservation. Since the publication of the
number 0910–0844; the collections of Associate Commissioner for Policy. Interim Final Rule establishing the
information in part 814, subparts A Court of Indian Offenses for the Wind
[FR Doc. 2017–28042 Filed 12–27–17; 8:45 am]
through E, regarding premarket River Indian Reservation, the Shoshone
BILLING CODE 4164–01–P
approval, have been approved under & Arapaho Tribal Court has operated
OMB control number 0910–0231; the without the legal support of the Eastern
Shoshone Tribe, and with limited
collections of information in part 807, DEPARTMENT OF THE INTERIOR resources. The Bureau has attempted to
subpart E, regarding premarket
work with the Northern Arapaho Tribe
notification submissions, have been Bureau of Indian Affairs towards establishing a system of courts
approved under OMB control number
with concurrent jurisdiction. However,
0910–0120, and the collections of 25 CFR Part 11 after nine months of operation, the joint
information in 21 CFR part 801,
[189A2100DD/AAKC001030/A0A501010. nature of the Wind River Indian
regarding labeling, have been approved
999900] Reservation has proven establishing
under OMB control number 0910–0485.
such a system untenable.
RIN 1076–AF39
List of Subjects in 21 CFR Part 884 Allowing the Bureau of Indian Affairs
Addition of the Wind River Indian to constitute a CFR Court will provide
Medical devices. all residents on the Wind River Indian
Reservation to the List of Courts of
Therefore, under the Federal Food, Reservation with comprehensive
Indian Offenses
Drug, and Cosmetic Act and under judicial services, and ensure the
authority delegated to the Commissioner AGENCY: Bureau of Indian Affairs, administration of justice and public
of Food and Drugs, 21 CFR part 884 is Interior. safety. To accomplish this, this rule
amended as follows: ACTION: Final rule; confirmation. finalizes the revision of a section of 25
CFR part 11 to add the Wind River
PART 884—OBSTETRICAL AND SUMMARY: The Bureau of Indian Affairs Indian Reservation in Wyoming to the
GYNECOLOGICAL DEVICES (BIA) is confirming the interim final list of areas in Indian country with
rule published on October 27, 2016, established Courts of Indian Offenses
■ 1. The authority citation for part 884 establishing a Court of Indian Offenses (also known as CFR Courts). This rule
continues to read as follows: (also known as a CFR Court) for the inserts the Wind River Indian
Authority: 21 U.S.C. 351, 360, 360c, 360e, Wind River Indian Reservation. Reservation into a new paragraph (d) in
360j, 360l, 371. DATES: This final rule is effective on 25 CFR 11.100.
December 28, 2017. An interim final rule published on
■ 2. Add § 884.5210 to subpart F to read
FOR FURTHER INFORMATION CONTACT: Ms.
October 27, 2016 (81 FR 74675).
as follows:
Elizabeth Appel, Director, Office of Comments received on the interim final
§ 884.5210 Pressure wedge for the Regulatory Affairs & Collaborative rule are addressed in Section II.H of this
reduction of cesarean delivery.
Action—Indian Affairs, (202) 273–4680; preamble, below.
(a) Identification. A pressure wedge elizabeth.appel@bia.gov. II. Procedural Requirements
for the reduction of cesarean delivery is SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with RULES
a prescription device that provides A. Regulatory Planning and Review
external mechanical support to the I. Summary of Rule (E.O. 12866 and 13563)
II. Procedural Requirements
perianal region during the labor and A. Regulatory Planning and Review (E.O.
Executive Order 12866 provides that
vaginal delivery process. External 12866) the Office of Information and Regulatory
mechanical support of the perianal B. Regulatory Flexibility Act Affairs in the Office of Management and
region is intended to help reduce the C. Small Business Regulatory Enforcement Budget will review all significant rules.
occurrence of cesarean delivery. Fairness Act The Office of Information and
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![61450 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations
of the methods listed in the ADDRESSES Action—Indian Affairs, (202) 273–4680; entered after the publication of this
section. To better help us revise the elizabeth.appel@bia.gov. waiver, with the exception that the
rule, your comments should be as SUPPLEMENTARY INFORMATION: Generally, Department will acknowledge any
specific as possible. For example, you Courts of Indian Offenses operate in emergency restraining or protective
should tell us the numbers of the those areas of Indian country where issued by the Northern Arapaho Court
sections or paragraphs that you find Tribes retain jurisdiction over Indians within ten (10) days of the publication
unclear, which sections or sentences are exclusive of State jurisdiction, but of this waiver, until such time as both
too long, the sections where you think where Tribal courts have not been tribes jointly petition under 25 CFR
lists or tables would be useful, etc. established to fully exercise that 11.104.
jurisdiction. The Eastern Shoshone Finally, 25 CFR 11.108 is waived to
M. E.O. 13771: Reducing Regulation and the extent necessary for the Court of
Controlling Regulatory Costs Tribe and the Northern Arapaho Tribe
have an equal joint interest in the Wind Indian Offenses for the Wind River
This rule is not an E.O. 13771 River Indian Reservation. However, Indian Reservation to enforce Titles II,
regulatory action because this rule is not since October of 2016, the former III, V, VII, VIII, IX, Title XI Chapters 3
significant under E.O. 12866. Shoshone & Arapaho Tribal Court has and 4, Title XII Chapter 2, Titles XIV,
operated only with the support of the and XVI of the Shoshone and Arapaho
List of Subjects in 25 CFR Part 11 Law and Order Code as it existed on
Northern Arapaho Tribe. The Bureau of
Courts, Indians—law. October 1, 2016. To the extent that the
Indian Affairs (BIA) is taking the next
For the reason stated in the preamble Shoshone and Arapaho Law and Order
step to provide all residents on the
the Department of the Interior, Bureau Code, as written, requires an action of
Wind River Indian Reservation with
of Indian Affairs amends part 11 in Title the Joint Business Committee as a
comprehensive judicial services, and
25 of the Code of Federal Regulations as predicate for a criminal offense or the
ensure the permanent administration of
follows: regulation of an action, e.g. the
justice and public safety.
determination of the hunting season,
PART 11—COURTS OF INDIAN Therefore, the Secretary has
that authority is hereby vested in the
OFFENSES AND LAW AND ORDER determined, in his discretion under 5
BIA Superintendent of the Wind River
CODE U.S.C. 301, 25 U.S.C. 2 and 9, that it is
Agency.
necessary to waive 25 CFR 11.104(a), (b) The authority for publication of this
■ The interim final rule amending 25 and 11.201(a), (e), and (f), as well as a document is: 5 U.S.C. 301; R.S. 463, 25
CFR part 11 which was published at 81 portion of 25 CFR 11.108, as applied to U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat.
FR 74675 on October 27, 2016, is the Wind River Indian Reservation. This 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C.
adopted as final without change. waiver will ensure that a BIA Court of 200.
Dated: December 19, 2017.
Indian Offenses can effectively operate
and serve all of the residents of the Dated: December 5, 2017.
John Tahsuda, John Tahsuda,
Wind River Indian Reservation.
Principal Deputy Assistant Secretary—Indian The Secretary has determined that, for Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
the Wind River Reservation, it is
necessary to waive 25 CFR 11.201(a), Assistant Secretary—Indian Affairs.
[FR Doc. 2017–28063 Filed 12–27–17; 8:45 am] [FR Doc. 2017–28062 Filed 12–27–17; 8:45 am]
(e), and (f)—requirements that a
BILLING CODE 4337–15–P
magistrate must be confirmed by a tribal BILLING CODE 4337–15–P
governing body, or, in the case of multi-
tribal courts, confirmation by a majority
DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE TREASURY
of the tribal governing bodies; and
Bureau of Indian Affairs requirements regarding training or other
qualifications for CFR Court Office of Foreign Assets Control
25 CFR Part 11 Magistrates—to ensure that the Bureau
has the ability to hire and staff the Court 31 CFR Part 576
[189A2100DD/AAKC001030/ with qualified employees efficiently.
A0A501010.999900] Iraq Stabilization and Insurgency
Additionally, 25 CFR 11.104, which Sanctions Regulations
Court of Indian Offenses Serving the provides that the regulations in part 11
continue to apply until either: (1) The AGENCY: Office of Foreign Assets
Wind River Indian Reservation
BIA and the tribe enter into a contract Control, Treasury.
AGENCY: Bureau of Indian Affairs, or compact for the tribe to provide ACTION: Final rule.
Interior. judicial services; or (2) [t]he tribe has
ACTION: Waiver of certain regulations. put into effect a law-and-order code that SUMMARY: The Department of the
establishes a court system, is waived in Treasury’s Office of Foreign Assets
SUMMARY: This document accompanies part as applied to the Wind River Indian Control (OFAC) is adopting a final rule
the final rule establishing a Court of Reservation. Due to the shared nature of amending the Iraq Stabilization and
Indian Offenses (also known as a CFR the Wind River Indian Reservation, the Insurgency Sanctions Regulations to
Court) for the Wind River Indian practical consequences of separate implement Executive Order (E.O.) 13668
Reservation published today and waives courts with overlapping jurisdiction of May 27, 2014 (‘‘Ending Immunities
the application of certain regulations for will be further confusion about the Granted to the Development Fund for
sradovich on DSK3GMQ082PROD with RULES
the Court of Indian Offenses serving the authority of each court and Iraq and Certain Other Iraqi Property
Wind River Indian Reservation. exponentially increase the difficulty of and Interests in Property Pursuant to
DATES: This waiver is applicable on maintaining law and order on the Executive Order 13303, as Amended’’).
December 28, 2017. Reservation. While the Tribes are free to These amendments also implement
FOR FURTHER INFORMATION CONTACT: operate judicial systems independently, certain technical and conforming
Elizabeth Appel, Director, Office of the Department will not acknowledge or changes.
Regulatory Affairs & Collaborative enforce acts of those judicial systems DATES: Effective: December 28, 2017.
VerDate Sep<11>2014 16:07 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1](https://thefederalregister.org/doc/82_FR_61696/page/3.svg)
Document Created: 2017-12-28 00:43:11
Document Modified: 2017-12-28 00:43:11
| 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 | Rules and Regulations | |
| Action | Final rule; confirmation. | |
| Dates | This final rule is effective on December 28, 2017. | |
| Contact | Ms. Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 273-4680; [email protected] | |
| FR Citation | 82 FR 61448 | |
| RIN Number | 1076-AF39 | |
| CFR Associated | Courts and Indians-Law |
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