[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Rules and Regulations]
[Pages 14017-14020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04824]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 11

[Docket ID: BIA-2013-0001]
RIN 1076-AF16


Courts of Indian Offenses

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule adds two Indian tribes to the list of 
tribes with Courts of Indian Offenses (also known as CFR Courts), and 
deletes five tribes from those under the jurisdiction of CFR Courts. 
The two tribes to be added are Skull Valley Band of Goshute Indians and 
the Seneca-Cayuga Tribe. The tribes to be removed from the list are the 
Seminole Nation, the Miami Tribe, the Choctaw Nation of Oklahoma, the 
Wyandotte Tribe, and the Quapaw Tribe.

DATES: This interim final rule is effective on March 4, 2013. Submit 
comments by April 3, 2013.

ADDRESSES: You may submit comments by any of the following methods:
    You may submit comments by any of the following methods:

--Federal rulemaking portal: http://www.regulations.gov. The rule is 
listed under the agency name ``Bureau of Indian Affairs.'' The rule has 
been assigned Docket ID: BIA-2013-0001. If you would like to submit 
comments through the Federal e-Rulemaking Portal, go to 
www.regulations.gov and do the following. Go to the box entitled 
``Enter Keyword or ID,'' type in ``BIA-2013-0001,'' and click the 
``Search'' button. The next screen will display the Docket Search 
Results for the rulemaking. If you click on BIA-2013-0001, you can view 
this rule and submit a comment. You can also view any supporting 
material and any comments submitted by others.
--Email: consultation@bia.gov. Include the number 1076-AF16 in the 
subject line of the message.

--Mail: Elizabeth Appel, Office of Regulatory Affairs & Collaborative 
Action, U.S. Department of the Interior, 1849 C Street NW., MIB-4141-
MS, Washington, DC 20240. Include the number 1076-AF16 in the subject 
line of the message.
--Hand delivery: Elizabeth Appel, Office of Regulatory Affairs & 
Collaborative Action, U.S. Department of the Interior, 1849 C Street 
NW., MS

[[Page 14018]]

4141, Washington, DC 20240. Include the number 1076-AF16 in the subject 
line of the message.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) will be included in the docket for this 
rulemaking and considered. Comments sent to an address other than those 
listed above will not be included in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Acting Director, 
Office of Regulatory Affairs & Collaborative Action, (202) 273-4680; 
elizabeth.appel@bia.gov.

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)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Information Quality Act
    L. Effects on the Energy Supply (E.O. 13211)
    M. Clarity of This Regulation
    N. Public Availability of Comments
    O. Determination To Issue an Interim Final Rule With Immediate 
Effective Date

I. Summary of Rule

    This rule revises a section of 25 CFR part 11 to add the following 
Indian tribes to the list of tribes with established Courts of Indian 
Offenses (also known as CFR Courts): The Seneca-Cayuga Tribe and the 
Skull Valley Band of Goshute Indians. This rule inserts these tribes 
into 25 CFR 11.100. The tribes' names were inserted where they will 
appear in the list of tribes alphabetically, therefore necessitating 
redesignation of some of the paragraph numbers in the regulatory text, 
and placing the tribes in alphabetical order, where they were not.
    The rule also revises a section of 25 CFR 11.100(c) to remove five 
tribes from the list of those with established CFR Courts. The tribes 
to be removed from the list are the Seminole Nation, the Miami Tribe, 
the Wyandotte Tribe, the Choctaw Nation of Oklahoma, and the Quapaw 
Tribe of Indians. This rule removes these tribes from 25 CFR 11.100(c). 
The tribes' names will no longer appear in the list of tribes 
alphabetically, therefore necessitating re-designation of some of the 
paragraph numbers in the regulatory text, and placing the tribes in 
alphabetical order, where they were not. Adding these tribes will allow 
for the administration of justice until the added tribes put into 
effect a law-and-order code that establishes a court system that meets 
regulatory requirements or until the tribe adopts a legal code and 
establishes a judicial system in accordance with its constitution and 
bylaws or other governing documents.
    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 
exercise that jurisdiction. The Skull Valley Band of Goshute Indians 
and the Seneca-Cayuga Tribe have limited resources and are in need of a 
judicial forum. The Eastern Seneca was once listed as being under the 
jurisdiction of the CFR Court, was removed from the list, and now is 
again in need of a judicial forum. The Wyandotte Tribe of Oklahoma, 
Seminole Nation of Oklahoma, Choctaw Nation of Oklahoma, the Miami 
Tribe, and the Quapaw Tribe of Indians were previously listed as being 
within the jurisdiction of the CFR Court and have, or are in the 
process of establishing, tribal courts; and are therefore no longer in 
need of an extra-tribal judicial forum.
    Two tribes left the jurisdiction of the CFR Court to form their own 
courts since 25 CFR 11.100 was last revised, but are now seeking to 
come back under the jurisdiction of the CFR Court: the Delaware Nation 
and the Eastern Shawnee Tribe. Because no change was made to the rule 
to remove these tribes from list of CFR Courts, no revision is 
necessary now. This rule confirms that both the Delaware Nation and 
Eastern Shawnee Tribe are on the list of tribes with CFR Courts.
    The following table lists the changes made to Sec.  11.100:

------------------------------------------------------------------------
                                               Interim final rule Sec.
           Current Sec.   11.100                        11.100
------------------------------------------------------------------------
(a)(1) Te-Moak Band of Western Shoshone      Moved to (a)(3).
 Indians (Nevada).
(a)(2) Ute Mountain Ute Tribe (Colorado)...  Moved to (a)(6)
(a)(3) Tribes located in the former          Moved to (a)(4).
 Oklahoma Territory (Oklahoma) that are
 listed in paragraph (b) of this section.
(a)(4) Tribes located in the former Indian   Moved to (a)(5)
 Territory (Oklahoma) that are listed in
 paragraph (c) of this section.
(a)(5) Winnemucca Indian Tribe; and........  Moved to (a)(7).
(a)(6) Santa Fe Indian School property,      Moved to (a)(1).
 including Santa Fe Indian Health Hospital,
 and the Albuquerque Indian School Property
 (land held in trust for the 19 Pueblos of
 New Mexico).
[Cell Left Intentionally Blank]............  Added Skull Valley Band of
                                              Goshutes Indians (Utah) to
                                              (a)(2).
(b)(1) Apache Tribe of Oklahoma............  No change.
(b)(2) Caddo Nation of Oklahoma............  No change.
(b)(3) Comanche Nation (except Comanche      No change.
 Children's Court).
(b)(4) Delaware Nation.....................  No change.
(b)(5) Fort Sill Apache Tribe of Oklahoma..  No change.
(b)(6) Kiowa Tribe of Oklahoma.............  No change.
(b)(7) Otoe-Missouria Tribe of Oklahoma....  No change.
(b)(8) Wichita and Affiliated Tribes of      No change.
 Oklahoma.
(c)(1) Choctaw Nation......................  Deleted.
(c)(2) Seminole Nation.....................  Deleted.
(c)(3) Eastern Shawnee Tribe...............  Moved to (c)(1).
(c)(4) Miami Tribe.........................  Deleted.
(c)(5) Modoc Tribe.........................  Moved to (c)(2).
(c)(6) Ottawa Tribe........................  Moved to (c)(3).
(c)(7) Peoria Tribe........................  Moved to (c)(4).
(c)(8) Quapaw Tribe; and...................  Deleted.

[[Page 14019]]

 
(c)(9) Wyandotte Nation....................  Deleted.
[Cell Left Intentionally Blank]............  Added Seneca-Cayuga Tribe
                                              of Oklahoma to (c)(5).
------------------------------------------------------------------------

II. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) at the Office of Management 
and Budget (OMB) will review all significant rules. OIRA has determined 
that this rule is not significant.
    E.O. 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 E.O. 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. This rule is also part of the Department's commitment 
under the Executive Order to reduce the number and burden of 
regulations.

B. Regulatory Flexibility Act

    The Department of the Interior certifies that 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.).

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. It will not result in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year. The 
rule's requirements will not result in a major increase in costs or 
prices for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions. Nor will this rule have 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of the 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)

    Under the criteria in Executive Order 12630, this rule does not 
affect individual property rights protected by the Fifth Amendment nor 
does it involves a compensable ``taking.'' A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in Executive Order 13132, this rule has no 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule has been reviewed to eliminate errors and 
ambiguity and written to minimize litigation; and is written in clear 
language and contains clear legal standards.

H. Consultation with Indian Tribes (E.O. 13175)

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments,'' Executive Order 13175 (59 FR 22951, November 6, 2000), 
and 512 DM 2, we have evaluated the potential effects on federally 
recognized Indian tribes and Indian trust assets. During development of 
the rule, the Department discussed the rule with the affected tribes.

I. Paperwork Reduction Act

    This rule does not contain any information collections requiring 
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment because it is of an 
administrative, technical, and procedural nature.

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 and 12988 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 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 of the methods listed in the ``COMMENTS'' 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 are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

M. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

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N. Required Determinations Under the Administrative Procedure Act

    We are publishing this interim final rule with a request for 
comment without prior notice and comment, as allowed under 5 U.S.C. 
553(b). Under 553(b), we find that prior notice and comment are 
unnecessary and would be contrary to the public interest. This rule is 
necessary to ensure that these tribes have courts to administer justice 
on land under their jurisdiction. Prior notice and comment are 
unnecessary and would be contrary to the public interest because access 
to judicial process may be impeded or interrupted to a degree that the 
governmental function of providing justice for all tribal members is 
impaired.
    As allowed under 5 U.S.C. 553 (d)(3), the effective date of this 
rule is the date of publication in the Federal Register. Good cause for 
an immediate effective date exists because the delay in publishing this 
rule would inhibit access to justice for tribal members and likely 
obstruct speedy trial rights for members of those tribes seeking to 
come under the jurisdiction of CFR Courts, and would diminish the 
sovereign right of those tribes to establish their own tribal courts 
and to assume personal and subject-matter jurisdiction now asserted by 
CFR Courts.
    We have requested comments on this interim final rule. We will 
review any comments received and, by a future publication in the 
Federal Register, address any comments received and either confirm the 
interim final rule with or without change or initiate a proposed 
rulemaking.

List of Subjects in 25 CFR Part 11

    Courts, Indians-law.

    For the reasons 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
1. The authority for part 11 continues to read as follows:

    Authority: 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.

0
2. Revise Sec.  11.100 to read as follows:


Sec.  11.100  Where are Courts of Indian Offenses established?

    (a) Unless indicated otherwise in this title, these Courts of 
Indian Offenses are established and the regulations in this part apply 
to the Indian country (as defined in 18 U.S.C. 1151 and by Federal 
court precedent) occupied by the following tribes:
    (1) Santa Fe Indian School Property, including the Santa Fe Indian 
Health Hospital, and the Albuquerque Indian School Property (land held 
in trust for the 19 Pueblos of New Mexico);
    (2) Skull Valley Band of Goshutes Indians (Utah);
    (3) Te-Moak Band of Western Shoshone Indians (Nevada);
    (4) Tribes located in the former Oklahoma Territory (Oklahoma) that 
are listed in paragraph (b) of this section;
    (5) Tribes located in the former Indian Territory (Oklahoma) that 
are listed in paragraph (c) of this section;
    (6) Ute Mountain Ute Tribe (Colorado); and
    (7) Winnemucca Indian Tribe.
    (b) This part applies to the following tribes located in the former 
Oklahoma Territory (Oklahoma):
    (1) Apache Tribe of Oklahoma;
    (2) Caddo Nation of Oklahoma;
    (3) Comanche Nation (except Comanche Children's Court);
    (4) Delaware Nation;
    (5) Fort Sill Apache Tribe of Oklahoma;
    (6) Kiowa Indian Tribe of Oklahoma;
    (7) Otoe-Missouria Tribe of Indians; and
    (8) Wichita and Affiliated Tribe of Indians.
    (c) This part applies to the following tribes located in the former 
Indian Territory (Oklahoma):
    (1) Eastern Shawnee Tribe of Oklahoma;
    (2) Modoc Tribe of Oklahoma;
    (3) Ottawa Tribe of Oklahoma;
    (4) Peoria Tribe of Indians of Oklahoma; and
    (5) Seneca-Cayuga Tribe of Oklahoma.

    Dated: February 21, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2013-04824 Filed 3-1-13; 8:45 am]
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