[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Page 61450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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