[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Pages 61448-61450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28063]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 11
[189A2100DD/AAKC001030/A0A501010.999900]
RIN 1076-AF39
Addition of the Wind River Indian Reservation to the List of
Courts of Indian Offenses
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; confirmation.
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SUMMARY: The Bureau of Indian Affairs (BIA) is confirming the interim
final rule published on October 27, 2016, establishing a Court of
Indian Offenses (also known as a CFR Court) for the Wind River Indian
Reservation.
DATES: This final rule is effective on December 28, 2017.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office
of Regulatory Affairs & Collaborative Action--Indian Affairs, (202)
273-4680; [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of Rule
II. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175 and Departmental
Policy)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
L. Clarity of This Regulation
M. E.O. 13771: Reducing Regulation and Controlling Regulatory
Costs
I. Summary of Rule
Generally, 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 an equal joint interest in
the Wind River Indian Reservation. Since the publication of the Interim
Final Rule establishing the Court of Indian Offenses for the Wind River
Indian Reservation, the Shoshone & Arapaho Tribal Court has operated
without the legal support of the Eastern Shoshone Tribe, and with
limited resources. The Bureau has attempted to work with the Northern
Arapaho Tribe towards establishing a system of courts with concurrent
jurisdiction. However, after nine months of operation, the joint nature
of the Wind River Indian Reservation has proven establishing such a
system untenable.
Allowing the Bureau of Indian Affairs to constitute a CFR Court
will provide all residents on the Wind River Indian Reservation with
comprehensive judicial services, and ensure the administration of
justice and public safety. To accomplish this, this rule finalizes the
revision of a section of 25 CFR part 11 to add the Wind River Indian
Reservation in Wyoming to the list of areas in Indian country with
established Courts of Indian Offenses (also known as CFR Courts). This
rule inserts the Wind River Indian Reservation into a new paragraph (d)
in 25 CFR 11.100.
An interim final rule published on October 27, 2016 (81 FR 74675).
Comments received on the interim final rule are addressed in Section
II.H of this preamble, below.
II. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and
[[Page 61449]]
Regulatory Affairs has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
B. Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) because the rule affects only the
administration of justice on a reservation through a CFR court.
C. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 804(2)). This rule:
(a) Does not have an annual effect on the economy of $100 million
or more;
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions;
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the department's consultation policy under the criteria in
Executive Order 13175 and have consulted with the affected tribes.
Prior to issuing this regulation, the Department of the Interior
and its Agencies, Bureaus, and Offices, communicated repeatedly with
the Eastern Shoshone Tribe and the Northern Arapaho Tribe regarding
public safety concerns for the residents of the Wind River Indian
Reservation. Following the withdrawal of the Northern Arapaho Tribe
from the Joint Business Committee, the Shoshone & Arapaho Tribal Court
continued to operate with limited resources and only with the support
of the Northern Arapaho Tribe. The Northern Arapaho Tribe has
established its own Northern Arapaho Tribal Code has retitled the
Shoshone & Arapaho Tribal Court as the Northern Arapaho Tribal Court.
The Northern Arapaho Tribe and Eastern Shoshone Tribe have responded to
the Interim Final Rule. The Northern Arapaho Tribe provided extensive
documentation on its right to establish an independent judiciary,
without addressing the pragmatic consequences of having multiple courts
with concurrent jurisdiction on the Reservation. The Eastern Shoshone
Business Committee expressly requested that the Department establish
and operate a Court of Indian Offenses for the Wind River Indian
Reservation.
After reviewing these comments, and the operation of the Court of
Indian Offenses for the Wind River Indian Reservation over the past
nine months, the Department has determined that to ensure public
safety, it is necessary to establish a Court of Indian Offenses for the
Wind River Indian Reservation.
I. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (``NEPA'', 42
U.S.C. 4321 et seq.) is not required because the rule is covered by a
categorical exclusion. This rule is excluded from the requirement to
prepare a detailed statement because it is a regulation of an
administrative nature. (For further information, see 43 CFR 46.210(i))
We have also determined that the rule does not involve any of the
extraordinary circumstances listed in 43 CFR 46.215 that would require
further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
L. Clarity of This Regulation
We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one
[[Page 61450]]
of the methods listed in the ADDRESSES section. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that you find unclear, which sections or sentences are too long, the
sections where you think lists or tables would be useful, etc.
M. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.
List of Subjects in 25 CFR Part 11
Courts, Indians--law.
For the reason stated in the preamble the Department of the
Interior, Bureau of Indian Affairs amends part 11 in Title 25 of the
Code of Federal Regulations as follows:
PART 11--COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE
0
The interim final rule amending 25 CFR part 11 which was published at
81 FR 74675 on October 27, 2016, is adopted as final without change.
Dated: December 19, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2017-28063 Filed 12-27-17; 8:45 am]
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