[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Proposed Rules]
[Pages 35355-35356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15549]

[[Page 35355]]



Bureau of Indian Affairs

25 CFR Part 11

[192A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF46

List of Courts of Indian Offenses; Future Publication of Updates

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.


SUMMARY: This proposed rule would revise one section of our regulations 
to provide that the current list of areas in Indian Country with Courts 
of Indian Offenses (also known as CFR Courts) will be published and 
updated in the Federal Register and on the Bureau of Indian Affairs 
(BIA) website. Currently, that section of the Code of Federal 
Regulations, itself, lists the areas in Indian Country with CFR Courts, 
requiring a rulemaking each time a court is added or deleted. Allowing 
for publication in the Federal Register, in lieu of a rulemaking, will 
better keep Tribal members and the public updated on the current status 
of the Courts of Indian Offenses.

DATES: Comments are due by September 23, 2019.

ADDRESSES: You may send comments, identified by RIN number 1076-AF46 by 
any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for sending comments.
     Email: [email protected]. Include RIN number 1076-AF46 
in the subject line of the message.
     Mail or Hand-Delivery/Courier: Office of Regulatory 
Affairs & Collaborative Action--Indian Affairs (RACA), U.S. Department 
of the Interior, 1849 C Street NW, Mail Stop 4660, Washington, DC 
    Instructions: All submissions received must include the Regulatory 
Information Number (RIN) for this rulemaking (RIN 1076-AF46). All 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs & Collaborative Action, (202) 273-4680; 
[email protected].

SUPPLEMENTARY INFORMATION: 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 Code of Federal Regulations, at 25 CFR 11.100, currently lists each 
Tribe for which Courts of Indian Offenses have been established.
    On occasion, a Court of Indian Offenses is established or re-
established or, alternatively, a Court of Indian Offenses ceases 
operation because BIA and a Tribe enter into a contract or compact for 
the Tribe to provide judicial services or the Tribe establishes a court 
system that meets regulatory requirements. Each time one of these 
changes occurs, the list of Courts of Indian Offenses must be updated 
for public transparency. Because the list of Courts of Indian Offenses 
is directly in Sec.  11.100, a rulemaking is required to change the 
list. During the time it takes to conduct a rulemaking, the list in the 
Code of Federal Regulations is not accurate.
    To allow for more agile responses to status changes, this proposed 
rule would remove the list of CFR Courts from the regulations and 
instead require the BIA to publish the current list and any updates to 
the current list in the Federal Register and on its website. This 
proposed rule would enable BIA to keep the list of CFR Courts updated 
and accurate, improving transparency for Tribal members and the public 
who wish to know what areas in Indian Country have CFR Courts 
established. The proposed rule also revises Sec.  11.104 to clarify 
that the list would no longer be published directly in Sec.  11.100, 
but rather would be published in accordance with the directions in 
Sec.  11.100 to publish in the Federal Register and on the BIA website.

A. Regulatory Planning and Review (E.O. 12866)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) at the Office of Management 
and Budget (OMB) will review all significant rules. OIRA has determined 
that this rule is not significant.
    E.O. 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 E.O. 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 

B. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs

    This action is not an E.O. 13771 regulatory action because this 
rule is not significant under Executive Order 12866.

C. Regulatory Flexibility Act

    The Department of the Interior certifies that this document 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.). 
It does not change current funding requirements and would not impose 
any economic effects on small governmental entities.

D. 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) Will 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) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of the 
U.S.-based enterprises to compete with foreign-based enterprises.

E. 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.

F. Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under E.O. 12630. A takings implication 
assessment is not required.

G. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient

[[Page 35356]]

federalism implications to warrant the preparation of a federalism 
summary impact statement. A federalism summary impact statement is not 

H. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 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.

I. Consultation With Indian Tribes (E.O. 13175)

    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 and under the criteria 
in E.O. 13175 and have determined there are no substantial direct 
effects on Federally recognized Indian Tribes that will result from 
this rulemaking because BIA consults on an individual basis with each 
Tribe for which there is a change in the status of their CFR Court.

J. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., 
prohibits a Federal agency from conducting or sponsoring a collection 
of information that requires OMB approval, unless such approval has 
been obtained and the collection request displays a currently valid OMB 
control number. Nor is any person required to respond to an information 
collection request that has not complied with the PRA. There is no 
information collection requiring OMB approval associated with this 
proposed rule. A Federal agency may not conduct or sponsor, and you are 
not required to respond to, a collection of information unless the form 
or regulation requesting the information displays a currently valid OMB 
Control Number.

K. 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) is not 
required because this is an administrative and procedural regulation. 
(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.

L. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

M. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 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 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 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 are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

N. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 25 CFR Part 11

    Courts, Indians-law.

    For the reasons stated in the preamble, the Department of the 
Interior, Bureau of Indian Affairs, proposes to amend 25 CFR part 11 as 


1. The authority 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.

Subpart A--Application; Jurisdiction

2. Revise Sec.  11.100 to read as follows:

Sec.  11.100  Where are Courts of Indian Offenses established?

    (a) A list of the areas in Indian Country where Courts of Indian 
Offenses are established is available on the Bureau of Indian Affairs 
website (www.bia.gov) and is published periodically in the Federal 
    (b) The Director, Bureau of Indian Affairs, will maintain on the 
Bureau of Indian Affairs website (www.bia.gov) an updated list of the 
areas in Indian Country where Courts of Indian Offenses are established 
and, upon any change to the list, will publish notice of the change in 
the Federal Register with an updated complete list.
3. Revise Sec.  11.104(a) introductory text to read as follows:

Sec.  11.104  When does this part apply?

    (a) The regulations in this part continue to apply to each area in 
Indian Country listed in accordance with Sec.  11.100 until either:
* * * * *

    Dated: June 25, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2019-15549 Filed 7-22-19; 8:45 am]