[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23271]
[[Page Unknown]]
[Federal Register: September 22, 1994]
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Part V
Department of the Interior
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Bureau of Indian Affairs
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25 CFR Part 11
Law and Order on Indian Reservations: Courts of Indian Offenses;
Jurisdiction; Correction; Rule
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 11
RIN 1076-AC78
Law and Order on Indian Reservations
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects the list published on October 21, 1993,
in the Federal Register, 58 FR 54412 to include those courts that were
inadvertently omitted.
EFFECTIVE DATE: October 21, 1993.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Chief, Branch of
Judicial Services, Bureau of Indian Affairs, 1849 C St., NW., Mail Stop
2611-MIB, Washington, D.C. 20240-4001, telephone number (202) 208-4400.
SUPPLEMENTARY INFORMATION: The authority to issue this correction is
vested in the Secretary of the Interior by 5 U.S.C. 301 and 25 U.S.C. 2
and 9, and 25 U.S.C. 13 which authorizes appropriations for ``Indian
judges.''
The final rule amending the regulations contained in 25 CFR Part 11
to add the Muskogee Area Tribes (Eastern Oklahoma) to the list of
tribes in Section 11.100(a) became effective January 28, 1992. Notice
of a proposed rule amending the regulations contained in 25 CFR Part 11
to add the Ute Mountain Ute Tribe (Colorado), was published April 26,
1993. The Ute Mountain Ute Tribe should have been included on the list
contained in the revision of 25 CFR Part 11, published October 21,
1993, at 25 CFR 11.100(a). The final rule, 25 CFR Part 11, listing
tribes located in the former Oklahoma Territory, published October 21,
1993, did not contain the Ponca Tribe (Oklahoma). These additions to 25
CFR Part 11, Sec. 11.100, Listing of Courts of Indian Offenses, were
inadvertently omitted from the list in the final rule, published
October 21, 1993.
Inclusion in Sec. 11.100, Listing of Courts of Indian Offenses,
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) (C.F.R. 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) (C.F.R. 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 set forth in 25 CFR
Part 11, Sec. 11.100(c).
The Assistant Secretary--Indian Affairs is in receipt of the Fallon
Paiute-Shoshone Law and Order Code which was adopted in accordance with
the Tribes' constitution and by-laws and approved by the Area Director
of the Phoenix Area Office on August 26, 1986. The Assistant
Secretary--Indian Affairs further recognizes that the Fallon Paiute-
Shoshone Tribal Court was established in 1986 in accordance with the
Tribes' constitution and by-laws; however, the Tribe was inadvertently
left on the list of Courts of Indian Offenses. This correction will
delete Fallon Paiute-Shoshone from the list.
Having reconsidered earlier Departmental opinions interpreting the
constitution of the Minnesota Chippewa, the Assistant Secretary--Indian
Affairs also recognizes the court of the Bois Forte Band of the
Minnesota Chippewa Tribe as established in accordance with the Tribes'
constitution. This correction will delete Bois Forte Band of the
Minnesota Chippewa Tribe from the list.
The Department has certified to the Office of Management and Budget
that these final regulations meet the applicable standards provided in
Sections 2(a) and 2(b)(2) of Executive Order 12778.
The Department of the Interior has determined that this document is
not a significant rule under Executive Order 12866 and, therefore, will
not require the approval of the Office of Management and Budget.
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
In accordance with E.O. 12630, the Department has determined that
this rule does not have significant takings implications. The
Department has determined that this rule does not have significant
federalism effects.
The Department of the Interior has determined that this correction
does not constitute a major federal action significantly affecting the
quality of the human environment and that no detailed statement is
required pursuant to the National Environmental Policy Act of 1969.
This correction does not contain information collection
requirements which require the approval of the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
The primary author of this document is Scott Keep, Office of the
Solicitor, Division of Indian Affairs, Department of the Interior.
List of Subjects in 25 CFR Part 11
Courts, Indians--law, Law enforcement and penalties.
For reasons set out in the preamble, 25 CFR Part 11 is corrected by
making the following correcting amendments:
PART 11--LAW AND ORDER ON INDIAN RESERVATIONS
1. The authority citation 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.
Subpart A--Application; Jurisdiction
2. In Sec. 11.100, paragraph (a) is revised to read as follows:
Sec. 11.100 Listing of Courts of Indian Offenses.
(a) Except as otherwise provided in this title, the regulations
under this part are applicable to the Indian country (as defined in 18
U.S.C. 1151) occupied by the following tribes:
(1) Flandreau Santee Sioux Tribe (South Dakota).
(2) Yankton Sioux Tribe (South Dakota).
(3) Shoshone and Arapahoe Tribes of the Wind River Reservation
(Wyoming).
(4) Red Lake Band of Chippewa Indians (Minnesota).
(5) Cocopah Tribe (Arizona).
(6) Kaibab Band of Paiute Indians (Arizona).
(7) Confederated Tribes of the Goshute Reservation (Nevada).
(8) Lovelock Paiute Tribe (Nevada).
(9) Te-Moak Band of Western Shoshone Indians (Nevada).
(10) Yomba Shoshone Tribe (Nevada).
(11) Duckwater Shoshone Tribe (Nevada).
(12) Kootenai Tribe (Idaho).
(13) Shoalwater Bay Tribe (Washington).
(14) Eastern Band of Cherokee Indians (North Carolina).
(15) Mississippi Band of Choctaw Indians (Mississippi).
(16) For the following tribes located in the former Oklahoma
Territory (Oklahoma):
(i) Absentee Shawnee Tribe of Indians of Oklahoma
(ii) Apache Tribe of Oklahoma
(iii) Caddo Tribe of Oklahoma
(iv) Cheyenne-Arapaho Tribes of Oklahoma
(v) Citizen Band of Potawatomi Indians of Oklahoma
(vi) Comanche Tribe of Oklahoma (except Comanche Children's Court)
(vii) Delaware Tribe of Western Oklahoma
(viii) Fort Sill Apache Tribe of Oklahoma
(ix) Iowa Tribe of Oklahoma
(x) Kaw Tribe of Oklahoma
(xi) Kickapoo Tribe of Oklahoma
(xii) Kiowa Tribe of Oklahoma
(xiii) Otoe-Missouria Tribe of Oklahoma
(xiv) Pawnee Tribe of Oklahoma
(xv) Ponca Tribe of Oklahoma
(xvi) Tonkawa Tribe of Oklahoma
(xvii) Wichita and Affiliated Tribes of Oklahoma
(17) Hoopa Valley Tribe, Yurok Tribe, and Coast Indian Community of
California (California) (Jurisdiction limited to special fishing
regulations).
(18) Louisiana Area (Includes Coushatta and other tribes 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).
(19) 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
(20) Ute Mountain Ute Tribe (Colorado).
* * * * *
Dated: July 1, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-23271 Filed 9-21-94; 8:45 am]
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