[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Rules and Regulations]
[Pages 44614-44616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19314]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 11

RIN 1076-AE41


Law and Order on Indian Reservations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule and request for comments.

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SUMMARY: The Bureau of Indian Affairs is amending its regulations that 
govern law and order on Indian reservations. This rule removes the 
Paiute-Shoshone Indian Tribe of the Fallon Reservation and Colony 
(Western Region, Nevada) from the listing of Courts of Indian Offenses. 
The tribe has reassumed tribal court function and has requested their 
removal from the list.

DATES: This rule is effective on July 30, 2003. Comments must be 
received on or before September 29, 2003.

ADDRESSES: Send comments on this rule to Ralph Gonzales, Office of 
Tribal Services, Bureau of Indian Affairs, 1951 Constitution Avenue, 
NW., MS 320-SIB, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government 
Officer, Western Regional Office, Bureau of Indian Affairs, 400 N. 
Fifth Street, Phoenix, Arizona, 85004, (602) 379-6786; 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, (202) 513-7629.

SUPPLEMENTARY INFORMATION: The authority to issue this rule 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.'' See Tillett v. Hodel, 730 F. Supp. 381 (W.D. Okla. 1990), 
aff'd, 931 F.2d 636 (10th Cir. 1991) United States v. Clapox, 13 Sawy. 
349, 35 F. 575 (D. Ore. 1888). This rule is published in exercise of 
the rulemaking authority delegated by the Secretary of the Interior to 
the Assistant Secretary--Indian Affairs.
    On September 18, 2001, the Bureau of Indian Affairs (BIA) published 
a temporary final rule (66 FR 48085) amending its regulations contained 
in 25 CFR part 11 to add the Paiute-Shoshone Indian Tribe of the Fallon 
Reservation and Colony (Western Region, Nevada) to the list of Courts 
of Indian Offenses. This amendment established a Court of Indian 
Offenses for a period not to exceed one year. On September 24, 2002, 
the BIA published a final rule (67 FR 59781) establishing the Court of 
Indian Offenses for an indefinite period. The purpose of establishing a 
Court of Indian Offenses at the Fallon Reservation and Colony was to 
protect persons, land, lives and property of people residing there 
until the tribe reassumed its Law and Order program. The tribe has 
reassumed the tribal court function and notified the BIA by Tribal 
Resolution No. 03-F-054 that it is operating the court in accordance 
with its Constitution, Article VI, Section 1(h), and requested the 
removal of their listing from 25 CFR 11.100(a).

Determination To Publish a Final Rule Effective Immediately

    In accordance with the requirements of the Administrative Procedure 
Act (5 U.S.C. 553(B)), we have determined that publishing a proposed 
rule would be impractical because of the risk to public safety as well 
as further risk of exposure of the Federal Government to a lawsuit for 
failure to execute diligently its trust responsibility and to provide 
adequate judicial services for law enforcement on trust land. For this 
reason, an immediate effective date is in the public interest and in 
the interest of the tribe not to delay implementation of this 
amendment. We are therefore publishing this change as a final rule with 
request for comments.
    BIA has determined it appropriate to make the rule effective 
immediately by waiving the 5 U.S.C. 553(d) requirement of publication 
30 days in advance of the effective date. This is because of the 
critical need to ensure that uninterrupted court services are provided 
at the Fallon Reservation and Colony. Therefore, this final rule is 
effective immediately.
    We invite comments on any aspect of this rule and we will revise 
the rule if comments warrant. Send comments on this rule to the address 
in the ADDRESSES section.

Regulatory Planning and Review (Executive Order 12866)

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action. OMB makes the final 
determination under Executive Order 12866.
    (a) This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A cost-benefit and economic 
analysis is not required. The operational cost of the tribal court is 
estimated to be less than $200,000 annually. The cost associated with 
the operation of this court will be

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with the Bureau of Indian Affairs and the tribe.
    (b) This rule will not create inconsistencies with other agencies' 
actions. The Department of the Interior, through the Bureau of Indian 
Affairs, has responsibility and authority to ensure that there are 
judicial systems in place on Indian reservations to protect persons, 
land, lives and property of people residing there.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
This tribal court will not affect any program rights of the Paiute-
Shoshone Indian Tribe of the Fallon Reservation and Colony. Its primary 
function will be to administer justice for people within the tribe's 
reservation and colony.
    (d) This rule will not raise novel legal or policy issues. Tribal 
governments have inherent sovereign authority to establish their own 
form of government, including tribal justice systems (25 U.S.C. 3601).

Regulatory Flexibility Act

    The Department of the Interior, BIA, certifies that this rule will 
not have a significant economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). An initial Regulatory Flexibility Analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required. The 
amendment to 25 CFR 11.100(a) removes the Paiute-Shoshone Indian Tribe 
of the Fallon Reservation and Colony (Western Region, Nevada) from the 
listing of Courts of Indian Offenses. Accordingly, there will be no 
impact on any small entities.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. This court's operating cost is estimated to be less than 
$200,000 annually. The cost associated with the operation of this court 
will be with the BIA and the tribe.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This is a court established 
specifically for the administration of justice for people located 
within the exterior boundaries of the Paiute-Shoshone Indian Tribe of 
the Fallon Reservation and Colony and will not have any cost or price 
impact on any other entities in the geographical region.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises. This is a court established specifically for the 
administration of justice for people located within the exterior 
boundaries of the Paiute-Shoshone Indian Tribe of the Fallon 
Reservation and Colony, Fallon, Nevada, and will not have an adverse 
impact on competition, investment, productivity, innovation, or the 
ability of United States-based enterprises to compete with foreign-
based enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. The tribal 
court will not have jurisdiction to affect any rights of small 
governments. Its primary function will be to administer justice for 
people within the Fallon Indian Reservation and Colony.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year; i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

Takings Implication Assessment (Executive Order 12630)

    In accordance with Executive Order 12630, this rule does not have 
significant takings implications. A takings implication assessment is 
not required. The amendment to 25 CFR 11.100(a) will provide for a 
tribal justice system with jurisdiction over people within a limited 
geographical area at Fallon, Nevada. Accordingly, there will be no 
jurisdictional basis for the tribal court to affect adversely any 
property interest outside of its jurisdiction.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, this rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. This rule concerns the recognition by the Federal Government 
of a tribe's inherent authority to establish their own justice systems 
and does not infringe on states' judicial systems. If the tribe 
chooses, they can establish their own judicial system apart from any 
State or local government in accordance with 25 CFR 11.100(c). The 
Paiute-Shoshone Indian Tribe of the Fallon Reservation and Colony 
(Western Region, Nevada) is acting under the purview of this provision 
in reassuming the judicial function on their reservation.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, it has been determined 
that this rule does not unduly burden the judicial system and meets the 
requirements of sections 3(a) and 3(b)(2) of the Order. Congress, 
through statutes, treaties, and the exercise of administrative 
authorities, has recognized the self-determination, self-reliance, and 
inherent sovereignty of Indian tribes to establish their own form of 
government, including tribal justice systems (25 U.S.C. 3601).

Paperwork Reduction Act

    This regulation does not require an information collection under 
the Paperwork Reduction Act. The information collection is not covered 
by an existing OMB approval. An OMB form 83-I has not been prepared and 
has not been approved by the Office of Policy Analysis. No information 
is being collected as a result of this court exercising its limited 
jurisdiction over people within the exterior boundaries of the Paiute-
Shoshone Indian Tribe of the Fallon Reservation and Colony.

National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 516 DM. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An environmental impact statement/assessment 
is not required. This tribal court exercises jurisdiction over people 
within the exterior boundaries of the Paiute-Shoshone Indian Tribe of 
the Fallon Reservation and Colony and does not have any impact on the 
environment.

Consultation and Coordination with Indian Tribal Governments (Executive 
Order 13175)

    Pursuant to Executive Order 13175 of November 6, 2000, 
``Consultation and Coordination with Indian Tribal Governments,'' we 
have evaluated potential effects on federally recognized Indian tribes 
and have determined that there are no potential effects. The amendment 
to 25 CFR 11.100(a) does not apply to any of the 562 federally 
recognized tribes, except the Paiute-Shoshone Indian Tribe of the 
Fallon Reservation and Colony. The tribe is exercising its inherent 
sovereignty by

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providing a judicial system for people within the exterior boundaries 
of the Paiute-Shoshone Indian Tribe of the Fallon Reservation and 
Colony. The Department of the Interior is fulfilling its trust 
responsibility and complying with the unique government-to-government 
relationship that exists between the Federal Government and Indian 
tribes by assisting the Paiute-Shoshone Indian Tribe of the Fallon 
Reservation and Colony to support this justice system.

List of Subjects in 25 CFR Part 11

    Courts, Indians--law, Law enforcement, Penalties.


0
For the reasons stated in the preamble, we are amending part 11, 
chapter I of title 25 of the Code of Federal Regulations, as follows:

PART 11--LAW AND ORDER ON INDIAN RESERVATIONS

0
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.


Sec.  11.100  [Amended]

0
2. In Sec.  11.100, remove paragraph (a)(15).

    Dated: July 18, 2003.
Aurene M. Martin,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 03-19314 Filed 7-29-03; 8:45 am]
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