[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74809-74810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26041]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAKC001030/A0A501010.999900 253G]
Court of Indian Offenses Serving the Wind River Indian
Reservation
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of Waiver of Certain Parts of 25 CFR Part 11.
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SUMMARY: This notice accompanies the interim final rule establishing a
Court of Indian Offenses (also known as CFR Court) for the Wind River
Indian Reservation. It waives the application of certain sections of
the regulations for the Court of Indian Offenses serving the Wind River
Indian Reservation to allow BIA to establish a CFR court when
necessary. It will also allow the Assistant Secretary--Indian Affairs
to appoint a magistrate without the need for confirmation by the tribal
governing body.
DATES: This notice is effective on October 27, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office
of Regulatory Affairs & Collaborative Action--Indian Affairs, (202)
273-4680; [email protected].
SUPPLEMENTARY INFORMATION: Courts of Indian Offenses operate in those
areas of Indian country where tribes retain jurisdiction over Indians
that is exclusive of State jurisdiction but where tribal courts have
not been established to fully exercise that jurisdiction. The Eastern
Shoshone Tribe and the Northern Arapaho Tribe have a joint interest in
the Wind River Indian Reservation; however, the current tribal court
operating on the reservation, the Shoshone & Arapaho Tribal Court, is
currently operating without the support of both Tribes, and with
limited resources. To ensure the continued administration of justice on
the Reservation, BIA is taking steps to ensure that judicial services
will continue to be provided if the Shoshone & Arapaho Tribal Court
ceases operations. Therefore, the Secretary has determined, in her
discretion, that it is necessary to waive 25 CFR 11.104(a) and 25 CFR
11.201(a) on the Wind River Indian Reservation to ensure that the
Bureau of Indian Affairs can establish and operate a Court of Indian
Offenses immediately in the event that the Shoshone and Arapaho Tribal
Court ceases operations.
Section 11.104(a) provides that 25 CFR part 11 applies to Tribes
listed in
[[Page 74810]]
Sec. 11.100 until either BIA and the Tribe enter into a contract or
compact for the Tribe to provide judicial services, or until the Tribe
has put into effect a law-and-order code that meets certain
requirements.
Section 11.201(a) provides that the Assistant Secretary--Indian
Affairs appoints a magistrate subject to confirmation by a majority
vote of the Tribal governing bodies.
The waiver will allow BIA to establish a CFR court when necessary
and to allow the Assistant Secretary--Indian Affairs to appoint a
magistrate without the need for confirmation by the Tribal governing
body.
Dated: October 17, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary, Indian Affairs.
[FR Doc. 2016-26041 Filed 10-26-16; 8:45 am]
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