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)

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.

[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]


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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.

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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