[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Notices]
[Pages 22728-22729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10427]


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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 of Intent to reassume judicial jurisdiction.

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SUMMARY: This notice announces the Bureau of Indian Affairs' intent to 
reassume judicial jurisdiction for the Kaw Nation of Oklahoma and to 
administer court cases under the Court of Indian Offenses for the 
Southern Plains Region.

EFFECTIVE DATE: April 29, 2003.

FOR FURTHER INFORMATION CONTACT: Terry Bruner, Tribal Government 
Officer, Southern Plains Regional Office, Bureau of Indian Affairs, PO 
Box 368, WCD Office Complex, Anadarko, Oklahoma 73005, Telephone (405) 
247-6673 ext 209, Fax (405) 247-9240; or Ralph Gonzales, Branch of 
Judicial Services, Office of Tribal Services, Bureau of Indian Affairs, 
1951 Constitution Avenue, NW., MS 320-SIB, Washington, DC 20240, 
Telephone (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 November 16, 2002, the Kaw Executive Council passed a motion to 
return court function to the Bureau of Indian Affairs. On December 12, 
2002, Resolution 96(a) was adopted by a majority of the Executive 
Council for the same purpose. By letter dated February 28, 2003, the 
Office of Self-Governance, Department of the Interior, advised the Kaw 
Nation that the funding for the tribal court was being withdrawn and 
that the Bureau of Indian Affairs, Southern Plains Regional Office's 
(formerly the Anadarko Area Office) Court of Indian Offenses would 
reassume jurisdiction over matters arising within the Kaw Nation, as 
listed in 25 CFR part 11.100(a)(9)(x). The Court of Indian Offenses for 
the tribes in western Oklahoma 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. 1978), 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 in the Southern Plains 
Region which have not established tribal courts. The Kaw Nation's 
retrocession and closing of its tribal court creates a jurisdictional 
vacuum. In order to protect lives, persons, and property of people 
residing within the Nation's jurisdiction, the Bureau of Indian Affairs 
must immediately reassume judicial jurisdiction within the Indian 
country of the Kaw Nation of Oklahoma, until such time as the Nation 
reestablishes its court in accordance with 25 CFR 11.100(c). For this 
reason, effective April 29, 2003, the Bureau of Indian Affairs 
reassumes

[[Page 22729]]

judicial jurisdiction for the Kaw Nation of Oklahoma.

    Dated: April 15, 2003.
Aurene M. Martin,
Assistant Secretary--Indian Affairs.
[FR Doc. 03-10427 Filed 4-28-03; 8:45 am]
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