[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Proposed Rules]
[Pages 8664-8665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4686]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 11
RIN 1076-AD76
Law and Order on Indian Reservations; Correction.
AGENCY: Bureau of Indian Affairs.
ACTION: Correction to proposed regulations; reopening of comment
period.
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[[Page 8665]]
SUMMARY: This document contains corrections to the proposed regulations
which were published Friday, July 5, 1996 (61 FR 35158). The proposed
rule amends regulations governing Courts of Indian Offenses.
DATES: Comments must be received on or before March 28, 1997.
ADDRESSES: Comments are to be mailed to Bettie Rushing, Office of
Tribal Services, Bureau of Indian Affairs, 1849 C Street, NW, MS 4641-
MIB, Washington, DC 20240; or, hand delivered to Room 4641 at the same
address.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Bureau of Indian
Affairs (202) 208-4400.
SUPPLEMENTARY INFORMATION:
Background
The proposed rule that is the subject of these corrections
supersedes 25 CFR 11.100(a) and affects those tribes that have
exercised their inherent sovereignty by removing the names of those
tribes from the list of Courts of Indian Offenses.
The Assistant Secretary-Indian Affairs, or her designee, has
received law and order codes adopted by the Lovelock Paiute Tribe of
Nevada, the Absentee Shawnee Tribe of Indians of Oklahoma, the
Cheyenne-Arapaho Tribes of Oklahoma, the Citizen Potawatomi Nation, the
Iowa Tribe of Oklahoma, the Kaw Nation, the Kickapoo Tribe of Oklahoma,
the Otoe-Missouria Tribe of Indians, the Pawnee Indian Tribe of
Oklahoma, and the Osage Indian Nation (except those matters involving
the Osage mineral estate) in accordance with their constitutions and
by-laws and approved by the appropriate bureau official. The Assistant
Secretary-Indian Affairs recognizes that these courts were established
in accordance with the tribes' constitutions and by-laws.
Inclusion in Sec. 11.100, Where are Courts of Indian Offenses
established?, does not defeat the inherent sovereignty of a tribe to
establish tribal courts and exercise jurisdiction under tribal law.
Tillett v. Lujan, 931 F.2d 636, 640 (10th Cir. 1991) (CFR courts
``retain some characteristics of an agency of the federal government''
but they ``also function as tribal courts''); Combrink v. Allen, 20
Indian L. Rep. 6029, 6030 (Ct. Ind. App., Tonkawa, Mar. 5, 1993) (CFR
court is a ``federally administered tribal court''); Ponca Tribal
Election Board v. Snake, 17 Indian L. Rep. 6085, 6088 (Ct. Ind. App.,
Ponca, Nov. 10, 1988) (``The Courts of Indian Offenses act as tribal
courts since they are exercising the sovereign authority of the tribe
for which the court sits.''). Such exercise of inherent sovereignty and
the establishment of tribal courts shall comply with the requirements
in 25 CFR 11.100(c).
Need for Correction
As published, the proposed rule contains errors which may prove to
be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on July 5, 1996 of the proposed
regulations, which were the subject of FR Doc. 96-16039, is corrected
as follows:
Sec. 11.100 [Corrected]
1. On page 35159 in the third column and on page 35160 in the first
column paragraph (a) is corrected to read as follows:
Sec. 11.100 Where are Courts of Indian Offenses established?
(a) Unless indicated otherwise in this title, the regulations in
this part apply to the Indian country (as defined in 18 U.S.C. 1151)
occupied by the following tribes:
(1) Red Lake Band of Chippewa Indians (Minnesota).
(2) Confederated Tribes of the Goshute Reservation (Nevada).
(3) Te-Moak Band of Western Shoshone Indians (Nevada).
(4) Yomba Shoshone Tribe (Nevada).
(5) Kootenai Tribe (Idaho).
(6) Shoalwater Bay Tribe (Washington).
(7) Eastern Band of Cherokee Indians (North Carolina).
(8) Ute Mountain Ute Tribe (Colorado).
(9) Quechan Indian Tribe (Arizona) (Except resident members).
(10) Valley Tribe, Yurok Tribe, and Coast Indian Community of
California (California Jurisdiction limited to special fishing
regulations).
(11) Louisiana Area (includes Coushatta and other tribes located in
the State of Louisiana which occupy Indian and which accept the
application of this part); Provided that this part shall not apply to
any Louisiana tribe other than the Coushatta Tribe until notice of such
application has been published in the Federal Register.
(12) For the following tribes located in the former Indian
Territory (Oklahoma):
(i) Chickasaw Nation.
(ii) Choctaw Nation.
(iii) Thlopthlocco Tribal Town.
(iv) Seminole Nation.
(v) Eastern Shawnee Tribe.
(vi) Miami Tribe.
(vii) Modoc Tribe.
(viii) Ottawa Tribe.
(ix) Peoria Tribe.
(x) Quapaw Tribe.
(xi) Wyandotte Tribe.
(xii) Seneca-Cayuga Tribe.
(xiii) Osage Tribe (Limited to mineral estate matters).
* * * * *
Dated: February 14, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-4686 Filed 2-25-97; 8:45 am]
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