Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal Jurisdiction; Los Coyotes Band of Cahuilla and Cupeno Indians, 24516-24517 [2012-9730]
Download as PDF
mstockstill on DSK4VPTVN1PROD with NOTICES
24516
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices
Section 301, 309, and 402 of the Clean
Water Act, 33 U.S.C. 1311, 1319, and
1342; and Tenn. Code Ann. §§ 69–3–
108(b)(6), 114 and 115; and Sections 101
through 138 of the Tennessee Water
Quality Control Act (‘‘TWQCA’’).
Under this settlement between the
United States and the State and the City,
the City will be required to develop and
implement a number of sewer
management, operation and
maintenance programs, including: A
sewer overflow response plan, a fats,
oils, and grease management program, a
lift station and force main operations
and maintenance program, and an
infrastructure rehabilitation program.
The City will identify priority
rehabilitation projects within the first
year after entry of the proposed Consent
Decree. The City will assess a minimum
of 10% of its system and rehabilitate
approximately 6% of its system in the
first year of the Consent Decree,
including major interceptors at risk of
failures similar to the one that occurred
on the Wolf River in 2008. The Consent
Decree also provides for the payment of
a civil penalty of $1.29 million. The
penalty will be split evenly between the
United States and the State. The City
will pay $645,000 to the United States.
Tennessee’s payment will be in the form
of state projects including an effluent
study at the M.C. Stiles Wastewater
Treatment Plant discharge point and a
sewer GPS mapping project.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the proposed Consent Decree.
Comments should be addressed to the
Assistant Attorney General of the
Environment and Natural Resources
Division, Department of Justice,
Washington, DC 20530, and should refer
to United States of America and State
of Tennessee v. City of Memphis, Civil
Action No. 2:10–CV–02083–SHM–dkv,
D.J. Ref. 90–5–1–1–09720.
The proposed Decree may be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Decree may also be obtained by mail
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or emailing a request to ‘‘Consent
Decree Copy’’
(EESCDCopy.ENRD@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–5271.
If requesting a copy from the Consent
Decree Library by mail, please enclose
a check in the amount of $19.50 (25
cents per page reproduction cost) for the
Consent Decree alone or $81.50 for the
VerDate Mar<15>2010
17:40 Apr 23, 2012
Jkt 226001
Consent Decree and appendices payable
to the U.S. Treasury or, if requesting by
email or fax, forward a check in either
of those amounts to the Consent Decree
Library at the address given above.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2012–9770 Filed 4–23–12; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
[Docket No. OTJ 101]
Solicitation of Comments on Request
for United States Assumption of
Concurrent Federal Criminal
Jurisdiction; Los Coyotes Band of
Cahuilla and Cupeno Indians
Office of Tribal Justice,
Department of Justice.
ACTION: Notice.
AGENCY:
This notice solicits public
comments on the Request for United
States Assumption of Concurrent
Federal Criminal Jurisdiction recently
submitted to the Office of Tribal Justice,
Department of Justice by the Los
Coyotes Band of Cahuilla and Cupeno
Indians pursuant to the provisions of 28
CFR 50.25.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before June 8,
2012. Comments received by mail will
be considered timely if they are
postmarked on or before that date. The
electronic Federal Docket Management
System (FDMS) will accept comments
until Midnight Eastern Time at the end
of that day.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or Hand Delivery/Courier:
submit written comments via regular or
express mail to Mr. Tracy Toulou,
Director, Office of Tribal Justice,
Department of Justice, 950 Pennsylvania
Avenue NW., Room 2310, Washington,
DC 20530.
• Fax: submit comments to the
attention of Mr. Tracy Toulou, Office of
Tribal Justice, Department of Justice,
(202) 514–9078 (not a toll-free number).
FOR FURTHER INFORMATION CONTACT:
Please contact Mr. Tracy Toulou,
Director, Office of Tribal Justice,
Department of Justice, at (202) 514–8812
(not a toll-free number). To ensure
proper handling of comments, please
reference ‘‘Docket No. OTJ 101’’ on all
SUMMARY:
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
electronic and written correspondence.
The Department encourages all
comments be submitted electronically
through https://www.regulations.gov
using the electronic comment form
provided on that site. An electronic
copy of the request for United States
assumption of concurrent federal
criminal jurisdiction submitted by the
Los Coyotes Band of Cahuilla and
Cupeno Indians is also available at the
https://www.regulations.gov Web site for
easy reference. Paper comments that
duplicate the electronic submission are
not necessary as all comments
submitted to https://www.regulations.gov
will be posted for public review and are
part of the official docket record.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments. Please
note that all comments received are
considered part of the public record and
made available for public inspection
online at https://www.regulations.gov.
Such information includes personal
identifying information (such as your
name and address) voluntarily
submitted by the commenter.
You are not required to submit
personal identifying information in
order to comment on this rule.
Nevertheless, if you want to submit
personal identifying information (such
as your name and address) as part of
your comment, but do not want it to be
posted online, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You also must locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You also must
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted on https://
www.regulations.gov.
Personal identifying information and
confidential business information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online. If you
wish to inspect the agency’s public
docket file in person by appointment,
please see the paragraph above entitled
FOR FURTHER INFORMATION CONTACT.
E:\FR\FM\24APN1.SGM
24APN1
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices
Statutory Background
For more than two centuries, the
Federal Government has recognized
Indian tribes as domestic sovereigns that
have unique government-to-government
relationships with the United States.
Congress has broad authority to legislate
with respect to Indian tribes, however,
and has exercised this authority to
establish a complex jurisdictional
scheme for the prosecution of crimes
committed in Indian country. (The term
‘‘Indian country’’ is defined in 18 U.S.C.
1151.) Criminal jurisdiction in Indian
country typically depends on several
factors, including the nature of the
crime; whether the alleged offender, the
victim, or both are Indian; and whether
a treaty, Federal statute, executive order,
or judicial decision has conferred
jurisdiction on a particular government.
The Tribal Law and Order Act (TLOA)
was enacted on July 29, 2010, as Title
II of Public Law 111–211. The purpose
of the TLOA is to help the Federal
Government and tribal governments
better address the unique public-safety
challenges that confront tribal
communities. Section 221(b) of the new
law, now codified at 18 U.S.C. 1162(d),
permits an Indian tribe with Indian
country subject to State criminal
jurisdiction under Public Law 280, P.L.
83–280, 67 Stat. 588 (1953) to request
that the United States accept concurrent
jurisdiction to prosecute violations of
the General Crimes Act and the Major
Crimes Act within that tribe’s Indian
country.
Department of Justice Regulation
Implementing 18 U.S.C. 1162(d)
On December 6, 2011, 76 FR 76037
the Department published final
regulations that established the
framework and procedures for a
mandatory Public Law 280 tribe to
request the assumption of concurrent
Federal criminal jurisdiction within the
Indian country of the tribe that is
subject to Public Law 280. 28 CFR
50.25. Among other provisions, the
regulations provide that upon receipt of
a tribal request the Office of Tribal
Justice shall publish a notice in the
Federal Register seeking comments
from the general public.
mstockstill on DSK4VPTVN1PROD with NOTICES
Request by the Los Coyotes Band of
Cahuilla and Cupeno Indians
By a request dated January 8, 2012,
the Los Coyotes Band of Cahuilla and
Cupeno Indians located in the State of
California requested the United States to
assume concurrent Federal jurisdiction
to prosecute violations of 18 U.S.C. 1152
(the General Crimes, or Indian Country
Crimes, Act) and 18 U.S.C. 1153 (the
VerDate Mar<15>2010
17:40 Apr 23, 2012
Jkt 226001
Major Crimes Act) within the Indian
country of the tribe. This would allow
the United States to assume concurrent
criminal jurisdiction over offenses
within the Indian country of the tribe
without eliminating or affecting the
State’s existing criminal jurisdiction.
Solicitation of Comments
This notice solicits public comments
on the above request.
Dated: April 17, 2012.
Tracy Toulou,
Director, Office of Tribal Justice.
[FR Doc. 2012–9730 Filed 4–23–12; 8:45 am]
BILLING CODE 4410–07–P
DEPARTMENT OF JUSTICE
[Docket No. OTJ 100]
Solicitation of Comments on Request
for United States Assumption of
Concurrent Federal Criminal
Jurisdiction; Hoopa Valley Tribe
Office of Tribal Justice,
Department of Justice.
ACTION: Notice.
AGENCY:
This notice solicits public
comments on the Request for United
States Assumption of Concurrent
Federal Criminal Jurisdiction recently
submitted to the Office of Tribal Justice,
Department of Justice by the Hoopa
Valley Tribe pursuant to the provisions
of 28 CFR 50.25.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before .
Comments received by mail will be
considered timely if they are
postmarked on or before that date. The
electronic Federal Docket Management
System (FDMS) will accept comments
until Midnight Eastern Time at the end
of that day.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or Hand Delivery/Courier:
submit written comments via regular or
express mail to Mr. Tracy Toulou,
Director, Office of Tribal Justice,
Department of Justice, 950 Pennsylvania
Avenue NW., Room 2310, Washington,
DC 20530.
• Fax: submit comments to the
attention of Mr. Tracy Toulou, Office of
Tribal Justice, Department of Justice,
(202) 514–9078 (not a toll-free number).
FOR FURTHER INFORMATION CONTACT:
Please contact Mr. Tracy Toulou,
Director, Office of Tribal Justice,
Department of Justice, at (202) 514–8812
SUMMARY:
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
24517
(not a toll-free number). To ensure
proper handling of comments, please
reference ‘‘Docket No. OTJ 100’’ on all
electronic and written correspondence.
The Department encourages all
comments be submitted electronically
through https://www.regulations.gov
using the electronic comment form
provided on that site. An electronic
copy of the request for United States
assumption of concurrent federal
criminal jurisdiction submitted by the
Hoopa Valley Tribe is also available at
the https://www.regulations.gov Web site
for easy reference. Paper comments that
duplicate the electronic submission are
not necessary as all comments
submitted to https://www.regulations.gov
will be posted for public review and are
part of the official docket record.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments. Please
note that all comments received are
considered part of the public record and
made available for public inspection
online at https://www.regulations.gov.
Such information includes personal
identifying information (such as your
name and address) voluntarily
submitted by the commenter.
You are not required to submit
personal identifying information in
order to comment on this rule.
Nevertheless, if you want to submit
personal identifying information (such
as your name and address) as part of
your comment, but do not want it to be
posted online, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You also must locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You also must
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted on https://
www.regulations.gov.
Personal identifying information and
confidential business information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online. If you
wish to inspect the agency’s public
docket file in person by appointment,
E:\FR\FM\24APN1.SGM
24APN1
Agencies
[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24516-24517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9730]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[Docket No. OTJ 101]
Solicitation of Comments on Request for United States Assumption
of Concurrent Federal Criminal Jurisdiction; Los Coyotes Band of
Cahuilla and Cupeno Indians
AGENCY: Office of Tribal Justice, Department of Justice.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice solicits public comments on the Request for United
States Assumption of Concurrent Federal Criminal Jurisdiction recently
submitted to the Office of Tribal Justice, Department of Justice by the
Los Coyotes Band of Cahuilla and Cupeno Indians pursuant to the
provisions of 28 CFR 50.25.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before June 8, 2012. Comments received by mail will
be considered timely if they are postmarked on or before that date. The
electronic Federal Docket Management System (FDMS) will accept comments
until Midnight Eastern Time at the end of that day.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or Hand Delivery/Courier: submit written comments via
regular or express mail to Mr. Tracy Toulou, Director, Office of Tribal
Justice, Department of Justice, 950 Pennsylvania Avenue NW., Room 2310,
Washington, DC 20530.
Fax: submit comments to the attention of Mr. Tracy Toulou,
Office of Tribal Justice, Department of Justice, (202) 514-9078 (not a
toll-free number).
FOR FURTHER INFORMATION CONTACT: Please contact Mr. Tracy Toulou,
Director, Office of Tribal Justice, Department of Justice, at (202)
514-8812 (not a toll-free number). To ensure proper handling of
comments, please reference ``Docket No. OTJ 101'' on all electronic and
written correspondence. The Department encourages all comments be
submitted electronically through https://www.regulations.gov using the
electronic comment form provided on that site. An electronic copy of
the request for United States assumption of concurrent federal criminal
jurisdiction submitted by the Los Coyotes Band of Cahuilla and Cupeno
Indians is also available at the https://www.regulations.gov Web site
for easy reference. Paper comments that duplicate the electronic
submission are not necessary as all comments submitted to https://www.regulations.gov will be posted for public review and are part of
the official docket record.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments. Please note that all comments received
are considered part of the public record and made available for public
inspection online at https://www.regulations.gov. Such information
includes personal identifying information (such as your name and
address) voluntarily submitted by the commenter.
You are not required to submit personal identifying information in
order to comment on this rule. Nevertheless, if you want to submit
personal identifying information (such as your name and address) as
part of your comment, but do not want it to be posted online, you must
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You also must locate all the personal
identifying information you do not want posted online in the first
paragraph of your comment and identify what information you want
redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You also must prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
https://www.regulations.gov.
Personal identifying information and confidential business
information identified and located as set forth above will be placed in
the agency's public docket file, but not posted online. If you wish to
inspect the agency's public docket file in person by appointment,
please see the paragraph above entitled FOR FURTHER INFORMATION
CONTACT.
[[Page 24517]]
Statutory Background
For more than two centuries, the Federal Government has recognized
Indian tribes as domestic sovereigns that have unique government-to-
government relationships with the United States. Congress has broad
authority to legislate with respect to Indian tribes, however, and has
exercised this authority to establish a complex jurisdictional scheme
for the prosecution of crimes committed in Indian country. (The term
``Indian country'' is defined in 18 U.S.C. 1151.) Criminal jurisdiction
in Indian country typically depends on several factors, including the
nature of the crime; whether the alleged offender, the victim, or both
are Indian; and whether a treaty, Federal statute, executive order, or
judicial decision has conferred jurisdiction on a particular
government.
The Tribal Law and Order Act (TLOA) was enacted on July 29, 2010,
as Title II of Public Law 111-211. The purpose of the TLOA is to help
the Federal Government and tribal governments better address the unique
public-safety challenges that confront tribal communities. Section
221(b) of the new law, now codified at 18 U.S.C. 1162(d), permits an
Indian tribe with Indian country subject to State criminal jurisdiction
under Public Law 280, P.L. 83-280, 67 Stat. 588 (1953) to request that
the United States accept concurrent jurisdiction to prosecute
violations of the General Crimes Act and the Major Crimes Act within
that tribe's Indian country.
Department of Justice Regulation Implementing 18 U.S.C. 1162(d)
On December 6, 2011, 76 FR 76037 the Department published final
regulations that established the framework and procedures for a
mandatory Public Law 280 tribe to request the assumption of concurrent
Federal criminal jurisdiction within the Indian country of the tribe
that is subject to Public Law 280. 28 CFR 50.25. Among other
provisions, the regulations provide that upon receipt of a tribal
request the Office of Tribal Justice shall publish a notice in the
Federal Register seeking comments from the general public.
Request by the Los Coyotes Band of Cahuilla and Cupeno Indians
By a request dated January 8, 2012, the Los Coyotes Band of
Cahuilla and Cupeno Indians located in the State of California
requested the United States to assume concurrent Federal jurisdiction
to prosecute violations of 18 U.S.C. 1152 (the General Crimes, or
Indian Country Crimes, Act) and 18 U.S.C. 1153 (the Major Crimes Act)
within the Indian country of the tribe. This would allow the United
States to assume concurrent criminal jurisdiction over offenses within
the Indian country of the tribe without eliminating or affecting the
State's existing criminal jurisdiction.
Solicitation of Comments
This notice solicits public comments on the above request.
Dated: April 17, 2012.
Tracy Toulou,
Director, Office of Tribal Justice.
[FR Doc. 2012-9730 Filed 4-23-12; 8:45 am]
BILLING CODE 4410-07-P