[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]
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DEPARTMENT OF THE INTERIOR
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.
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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
20240.
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
requirements.
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
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federalism implications to warrant the preparation of a federalism
summary impact statement. A federalism summary impact statement is not
required.
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
follows:
PART 11--COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE
0
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
0
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
Register.
(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.
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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]
BILLING CODE 4337-15-P