Court of Indian Offenses Serving the Wind River Indian Reservation, 61450 [2017-28062]
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Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations
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
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]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 11
[189A2100DD/AAKC001030/
A0A501010.999900]
Court of Indian Offenses Serving the
Wind River Indian Reservation
Bureau of Indian Affairs,
Interior.
ACTION: Waiver of certain regulations.
AGENCY:
This document accompanies
the final rule establishing a Court of
Indian Offenses (also known as a CFR
Court) for the Wind River Indian
Reservation published today and waives
the application of certain regulations for
the Court of Indian Offenses serving the
Wind River Indian Reservation.
DATES: This waiver is applicable on
December 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:07 Dec 27, 2017
Jkt 244001
Action—Indian Affairs, (202) 273–4680;
elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION: Generally,
Courts of Indian Offenses operate in
those areas of Indian country where
Tribes retain jurisdiction over Indians
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. However,
since October of 2016, the former
Shoshone & Arapaho Tribal Court has
operated only with the support of the
Northern Arapaho Tribe. The Bureau of
Indian Affairs (BIA) is taking the next
step to provide all residents on the
Wind River Indian Reservation with
comprehensive judicial services, and
ensure the permanent administration of
justice and public safety.
Therefore, the Secretary has
determined, in his discretion under 5
U.S.C. 301, 25 U.S.C. 2 and 9, that it is
necessary to waive 25 CFR 11.104(a), (b)
and 11.201(a), (e), and (f), as well as a
portion of 25 CFR 11.108, as applied to
the Wind River Indian Reservation. This
waiver will ensure that a BIA Court of
Indian Offenses can effectively operate
and serve all of the residents of the
Wind River Indian Reservation.
The Secretary has determined that, for
the Wind River Reservation, it is
necessary to waive 25 CFR 11.201(a),
(e), and (f)—requirements that a
magistrate must be confirmed by a tribal
governing body, or, in the case of multitribal courts, confirmation by a majority
of the tribal governing bodies; and
requirements regarding training or other
qualifications for CFR Court
Magistrates—to ensure that the Bureau
has the ability to hire and staff the Court
with qualified employees efficiently.
Additionally, 25 CFR 11.104, which
provides that the regulations in part 11
continue to apply until either: (1) The
BIA and the tribe enter into a contract
or compact for the tribe to provide
judicial services; or (2) [t]he tribe has
put into effect a law-and-order code that
establishes a court system, is waived in
part as applied to the Wind River Indian
Reservation. Due to the shared nature of
the Wind River Indian Reservation, the
practical consequences of separate
courts with overlapping jurisdiction
will be further confusion about the
authority of each court and
exponentially increase the difficulty of
maintaining law and order on the
Reservation. While the Tribes are free to
operate judicial systems independently,
the Department will not acknowledge or
enforce acts of those judicial systems
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
entered after the publication of this
waiver, with the exception that the
Department will acknowledge any
emergency restraining or protective
issued by the Northern Arapaho Court
within ten (10) days of the publication
of this waiver, until such time as both
tribes jointly petition under 25 CFR
11.104.
Finally, 25 CFR 11.108 is waived to
the extent necessary for the Court of
Indian Offenses for the Wind River
Indian Reservation to enforce Titles II,
III, V, VII, VIII, IX, Title XI Chapters 3
and 4, Title XII Chapter 2, Titles XIV,
and XVI of the Shoshone and Arapaho
Law and Order Code as it existed on
October 1, 2016. To the extent that the
Shoshone and Arapaho Law and Order
Code, as written, requires an action of
the Joint Business Committee as a
predicate for a criminal offense or the
regulation of an action, e.g. the
determination of the hunting season,
that authority is hereby vested in the
BIA Superintendent of the Wind River
Agency.
The authority for publication of this
document is: 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.
Dated: December 5, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
[FR Doc. 2017–28062 Filed 12–27–17; 8:45 am]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 576
Iraq Stabilization and Insurgency
Sanctions Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is adopting a final rule
amending the Iraq Stabilization and
Insurgency Sanctions Regulations to
implement Executive Order (E.O.) 13668
of May 27, 2014 (‘‘Ending Immunities
Granted to the Development Fund for
Iraq and Certain Other Iraqi Property
and Interests in Property Pursuant to
Executive Order 13303, as Amended’’).
These amendments also implement
certain technical and conforming
changes.
DATES: Effective: December 28, 2017.
SUMMARY:
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Page 61450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28062]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 11
[189A2100DD/AAKC001030/A0A501010.999900]
Court of Indian Offenses Serving the Wind River Indian
Reservation
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Waiver of certain regulations.
-----------------------------------------------------------------------
SUMMARY: This document accompanies the final rule establishing a Court
of Indian Offenses (also known as a CFR Court) for the Wind River
Indian Reservation published today and waives the application of
certain regulations for the Court of Indian Offenses serving the Wind
River Indian Reservation.
DATES: This waiver is applicable on December 28, 2017.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative Action--Indian Affairs, (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 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. However, since October
of 2016, the former Shoshone & Arapaho Tribal Court has operated only
with the support of the Northern Arapaho Tribe. The Bureau of Indian
Affairs (BIA) is taking the next step to provide all residents on the
Wind River Indian Reservation with comprehensive judicial services, and
ensure the permanent administration of justice and public safety.
Therefore, the Secretary has determined, in his discretion under 5
U.S.C. 301, 25 U.S.C. 2 and 9, that it is necessary to waive 25 CFR
11.104(a), (b) and 11.201(a), (e), and (f), as well as a portion of 25
CFR 11.108, as applied to the Wind River Indian Reservation. This
waiver will ensure that a BIA Court of Indian Offenses can effectively
operate and serve all of the residents of the Wind River Indian
Reservation.
The Secretary has determined that, for the Wind River Reservation,
it is necessary to waive 25 CFR 11.201(a), (e), and (f)--requirements
that a magistrate must be confirmed by a tribal governing body, or, in
the case of multi-tribal courts, confirmation by a majority of the
tribal governing bodies; and requirements regarding training or other
qualifications for CFR Court Magistrates--to ensure that the Bureau has
the ability to hire and staff the Court with qualified employees
efficiently.
Additionally, 25 CFR 11.104, which provides that the regulations in
part 11 continue to apply until either: (1) The BIA and the tribe enter
into a contract or compact for the tribe to provide judicial services;
or (2) [t]he tribe has put into effect a law-and-order code that
establishes a court system, is waived in part as applied to the Wind
River Indian Reservation. Due to the shared nature of the Wind River
Indian Reservation, the practical consequences of separate courts with
overlapping jurisdiction will be further confusion about the authority
of each court and exponentially increase the difficulty of maintaining
law and order on the Reservation. While the Tribes are free to operate
judicial systems independently, the Department will not acknowledge or
enforce acts of those judicial systems entered after the publication of
this waiver, with the exception that the Department will acknowledge
any emergency restraining or protective issued by the Northern Arapaho
Court within ten (10) days of the publication of this waiver, until
such time as both tribes jointly petition under 25 CFR 11.104.
Finally, 25 CFR 11.108 is waived to the extent necessary for the
Court of Indian Offenses for the Wind River Indian Reservation to
enforce Titles II, III, V, VII, VIII, IX, Title XI Chapters 3 and 4,
Title XII Chapter 2, Titles XIV, and XVI of the Shoshone and Arapaho
Law and Order Code as it existed on October 1, 2016. To the extent that
the Shoshone and Arapaho Law and Order Code, as written, requires an
action of the Joint Business Committee as a predicate for a criminal
offense or the regulation of an action, e.g. the determination of the
hunting season, that authority is hereby vested in the BIA
Superintendent of the Wind River Agency.
The authority for publication of this document is: 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.
Dated: December 5, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2017-28062 Filed 12-27-17; 8:45 am]
BILLING CODE 4337-15-P
