Court of Indian Offenses Serving the Wind River Indian Reservation, 61450 [2017-28062]

Download as PDF 61450 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] BILLING CODE 4337–15–P 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]


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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.

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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