[Federal Register Volume 63, Number 114 (Monday, June 15, 1998)]
[Proposed Rules]
[Pages 32631-32632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15833]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 11
RIN 1076-AD76
Law and Order on Indian Reservations; Correction
AGENCY: Bureau of Indian Affairs.
ACTION: Correction to proposed regulations.
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SUMMARY: This document contains corrections to the proposed regulations
which were published Friday, July 5, 1996 (61 FR 35158) and corrections
to the proposed regulations which were published Wednesday, February
26, 1997 (62 FR 8665) and Friday, November 14, 1997 (62 FR 61057). The
proposed rule amends regulations governing Courts of Indian Offenses.
DATES: Comments must be received on or before July 15, 1998.
ADDRESSES: Comments are to be mailed to Bettie Rushing, Office of
Tribal Services, Bureau of Indian Affairs, 1849 C Street, NW, MS 4641-
MB, Washington, DC 20240; or, hand delivered to Room 4641 at the same
address.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Bureau of Indian
Affairs (202) 208-4400.
SUPPLEMENTARY INFORMATION:
Background
The proposed rule that is the subject of these corrections
supersedes 25 CFR 11.100(a) and affects those tribes that have
exercised their inherent sovereignty by removing the names of those
tribes from the list of Courts of Indian Offenses.
The Assistant Secretary-Indian Affairs, or his designee, has
received law and order codes adopted by the Absentee Shawnee Tribe of
Indians, the Cheyenne--Arapaho Tribe, the Citizen Band of Potawatomi
Indians, the Iowa Tribe, the Kaw Tribe, the Kickapoo Tribe, the Otoe-
Missouri Tribe, and the Pawnee Tribe, all of Oklahoma, the Quechan
Indian Tribe in Arizona and California, and the Yomba Shoshone Tribe in
Nevada, in accordance with their constitutions and by-laws and approved
by the appropriate bureau official. The Assistant Secretary-Indian
Affairs recognizes that these courts were established in accordance
with the tribe's constitutions and by-laws.
Inclusion in Sec. 11.100, Where are Courts of Indian Offenses
established?, does not defeat the inherent sovereignty of a tribe to
establish tribal courts and exercise jurisdiction under tribal law.
Tillett v. Lujan, 931 F.2d 636, 640 (10th Cir. 1991) (CFR courts
``retain some characteristics of an agency of the federal government''
but they ``also function as tribal courts''); Combrink v. Allen, 20
Indian L. Rep. 6029, 6030 (Ct. Ind. App., Tonkawa, Mar. 5, 1993) (CFR
court is a ``federally administered tribal court''); Ponca Tribal
Election Board v. Snake, 17 Indian L. Rep. 6085, 6088 (Ct. Ind. App.,
Ponca, Nov. 10, 1988) (``The Courts of Indian Offenses act as tribal
courts since they are exercising the sovereign authority of the tribe
for which the court sits.''). Such exercise of inherent sovereignty and
the establishment of tribal courts shall comply with the requirements
in 25 CFR 11.100(c).
Need for Correction
As published, the proposed rule contains errors which may prove to
be misleading and are in need of clarification.
[[Page 32632]]
Correction of Publication
Accordingly, the publication on November 14, 1997 of the
corrections to the proposed regulations, (62 FR 61057) is further
corrected as follows:
Sec. 11.100(a) [Corrected]
On page 61057 and 61058, Sec. 11.100 (a) is corrected to read as
follows:
Sec. 11.100 Where are Courts of Indian Offenses established?
(a) Unless indicated otherwise in this part, the regulations in
this part apply to the Indian country (as defined in 18 U.S.C. 1151)
occupied by the following tribes:
(1) Red Lake Band of Chippewa Indians (Minnesota).
(2) Te-Moak Band of Western Shoshone Indians (Nevada).
(3) Kootenai Tribe (Idaho).
(4) Shoalwater Bay Tribe (Washington).
(5) Eastern Band of Cherokee Indians (North Carolina).
(6) Ute Mountain Ute Tribe (Colorado).
(7) Hoopa Valley Tribe, Yurok Tribe and Coast Indian Community of
California (California jurisdiction limited to special fishing
regulations).
(8) Louisiana Area (includes Coushatta and other tribes located in
the State of Louisiana which occupy Indian country and which accept the
application of this part); Provided that this part shall not apply to
any Louisiana tribe other than the Coushatta Tribe until notice of such
application has been published in the Federal Register.
(9) For the following tribes located in the former Oklahoma
Territory (Oklahoma):
(i) Apache Tribe of Oklahoma.
(ii) Caddo Tribe of Oklahoma.
(iii) Comanche Tribe of Oklahoma (Except Comanche Children's
Court).
(iv) Delaware Tribe of Western Oklahoma.
(v) Fort Sill Apache Tribe of Oklahoma.
(vi) Kiowa Tribe of Oklahoma.
(vii) Ponca Tribe of Oklahoma.
(viii) Tonkawa Tribe of Oklahoma.
(ix) Wichita and Affiliated Tribes of Oklahoma.
(10) For the following tribes located in the former Indian
Territory (Oklahoma):
(i) Chickasaw Nation.
(ii) Choctaw Nation.
(iii) Thlopthlocco Tribal Town.
(iv) Seminole Nation.
(v) Eastern Shawnee Tribe.
(vi) Miami Tribe.
(vii) Modoc Tribe.
(viii) Ottawa Tribe.
(ix) Peoria Tribe.
(x) Quapaw Tribe.
(xi) Wyandotte Tribe.
(xii) Seneca-Cayuga Tribe.
(xiii) Osage Tribe.
* * * * *
Dated: June 4, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-15833 Filed 6-12-98; 8:45 am]
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