[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Notices]
[Page 53609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20853]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Law and Order on Indian Reservations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice--Intent to reassume judicial jurisdiction.

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SUMMARY: This is a notice of the Bureau of Indian Affairs' intent to 
reassume judicial jurisdiction for the Otoe-Missouria Tribe of Oklahoma 
and administer court cases under the Court of Indian Offenses for the 
Southern Plains Region.

EFFECTIVE DATE: August 21, 2002.

FOR FURTHER INFORMATION CONTACT: Terry Bruner, Tribal Government 
Officer, Southern Plains Regional Office, Bureau of Indian Affairs, 
P.O. Box 368, WCD Office Complex, Anadarko, Oklahoma 73005, (405) 247-
6673 ext 209, Fax 405-247-9240; or Ralph Gonzales, Branch of Judicial 
Services, Office of Tribal Services, Bureau of Indian Affairs, 1849 C 
Street, NW., MS 4660 MIB, Washington, DC 20240, (202) 208-4401.

SUPPLEMENTARY INFORMATION: This notice is published in accordance with 
the authority delegated by the Secretary of the Interior to the 
Assistant Secretary--Indian Affairs under part 209, Chapter 8, of the 
Departmental Manual (209 DM 8).
    On May 29, 2002, the Otoe-Missouria Tribal Council, on behalf of 
the Otoe-Missouria Tribe of Oklahoma, adopted Resolution No. OMTC 
05-29-02 FY2002, pursuant to 25 CFR 900.240-242. This 
resolution retrocedes the tribe's Public Law 93-638 contract for court 
funds to the Bureau of Indian Affairs and transfers all pending cases, 
except those limited under 25 CFR 11.104, to the Court of Indian 
Offenses for the Southern Plains Region. The Court of Indian Offenses 
for the Indian tribes located in western Oklahoma (now serviced by the 
Southern Plains Region) was established in response to the decisions of 
United States v. Littlechief, No. CR-76-207-D, and State of Oklahoma v. 
Littlechief, 573 P.2d 263 (Okla. Crim. App. 1976), which held that the 
State of Oklahoma lacked jurisdiction over matters occurring on trust 
or restricted lands (44 FR 37502). This Court of Indian Offenses 
continues to serve those tribes located in western Oklahoma that have 
not established tribal courts. Due to the Otoe-Missouria Tribe of 
Oklahoma's retrocession and closing of its tribal court, a 
jurisdictional vacuum has been created, which necessitates the Bureau 
of Indian Affairs immediately reassuming jurisdiction within the Indian 
country of the Otoe-Missouria Tribe of Oklahoma in order to protect 
lives, persons, and property of people residing within that 
jurisdiction until such time as the tribe reestablishes its tribal 
court consistent with 25 CFR 11.100(c). For this reason, effective 
August 21, 2002, the Bureau of Indian Affairs reassumes judicial 
jurisdiction for the Otoe-Missouria Tribe of Oklahoma.

    Dated: August 2, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-20853 Filed 8-15-02; 8:45 am]
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