82 FR 61450 - Court of Indian Offenses Serving the Wind River Indian Reservation

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range		61450-61450
FR Document		2017-28062

This document accompanies the final rule establishing a Court of Indian Offenses (also known as a CFR Court) for the Wind River Indian Reservation published today and waives the application of certain regulations for the Court of Indian Offenses serving the Wind River Indian Reservation.

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Page 61450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28062]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 11

[189A2100DD/AAKC001030/A0A501010.999900]


Court of Indian Offenses Serving the Wind River Indian 
Reservation

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Waiver of certain regulations.

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SUMMARY: This document accompanies the final rule establishing a Court 
of Indian Offenses (also known as a CFR Court) for the Wind River 
Indian Reservation published today and waives the application of 
certain regulations for the Court of Indian Offenses serving the Wind 
River Indian Reservation.

DATES: This waiver is applicable on December 28, 2017.

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

SUPPLEMENTARY INFORMATION: Generally, 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 an equal joint 
interest in the Wind River Indian Reservation. However, since October 
of 2016, the former Shoshone & Arapaho Tribal Court has operated only 
with the support of the Northern Arapaho Tribe. The Bureau of Indian 
Affairs (BIA) is taking the next step to provide all residents on the 
Wind River Indian Reservation with comprehensive judicial services, and 
ensure the permanent administration of justice and public safety.
    Therefore, the Secretary has determined, in his discretion under 5 
U.S.C. 301, 25 U.S.C. 2 and 9, that it is necessary to waive 25 CFR 
11.104(a), (b) and 11.201(a), (e), and (f), as well as a portion of 25 
CFR 11.108, as applied to the Wind River Indian Reservation. This 
waiver will ensure that a BIA Court of Indian Offenses can effectively 
operate and serve all of the residents of the Wind River Indian 
Reservation.
    The Secretary has determined that, for the Wind River Reservation, 
it is necessary to waive 25 CFR 11.201(a), (e), and (f)--requirements 
that a magistrate must be confirmed by a tribal governing body, or, in 
the case of multi-tribal courts, confirmation by a majority of the 
tribal governing bodies; and requirements regarding training or other 
qualifications for CFR Court Magistrates--to ensure that the Bureau has 
the ability to hire and staff the Court with qualified employees 
efficiently.
    Additionally, 25 CFR 11.104, which provides that the regulations in 
part 11 continue to apply until either: (1) The BIA and the tribe enter 
into a contract or compact for the tribe to provide judicial services; 
or (2) [t]he tribe has put into effect a law-and-order code that 
establishes a court system, is waived in part as applied to the Wind 
River Indian Reservation. Due to the shared nature of the Wind River 
Indian Reservation, the practical consequences of separate courts with 
overlapping jurisdiction will be further confusion about the authority 
of each court and exponentially increase the difficulty of maintaining 
law and order on the Reservation. While the Tribes are free to operate 
judicial systems independently, the Department will not acknowledge or 
enforce acts of those judicial systems entered after the publication of 
this waiver, with the exception that the Department will acknowledge 
any emergency restraining or protective issued by the Northern Arapaho 
Court within ten (10) days of the publication of this waiver, until 
such time as both tribes jointly petition under 25 CFR 11.104.
    Finally, 25 CFR 11.108 is waived to the extent necessary for the 
Court of Indian Offenses for the Wind River Indian Reservation to 
enforce Titles II, III, V, VII, VIII, IX, Title XI Chapters 3 and 4, 
Title XII Chapter 2, Titles XIV, and XVI of the Shoshone and Arapaho 
Law and Order Code as it existed on October 1, 2016. To the extent that 
the Shoshone and Arapaho Law and Order Code, as written, requires an 
action of the Joint Business Committee as a predicate for a criminal 
offense or the regulation of an action, e.g. the determination of the 
hunting season, that authority is hereby vested in the BIA 
Superintendent of the Wind River Agency.
    The authority for publication of this document is: 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.

    Dated: December 5, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the 
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2017-28062 Filed 12-27-17; 8:45 am]
 BILLING CODE 4337-15-P

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

Document Created: 2017-12-28 00:43:59
Document Modified: 2017-12-28 00:43:59

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		Waiver of certain regulations.
Dates		This waiver is applicable on December 28, 2017.
Contact		Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 273- 4680; [email protected]
FR Citation		82 FR 61450

82 FR 61450 - Court of Indian Offenses Serving the Wind River Indian Reservation

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

Federal Register Volume 82, Issue 248 (December 28, 2017)

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs