[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Pages 10714-10715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03734]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[201A2100DD/AAKC001030/A0A501010.999900 253G]


Court of Indian Offenses Serving the Kewa Pueblo (Previously 
Listed as the Pueblo of Santo Domingo)

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of waiver of certain parts of 25 CFR part 11.

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SUMMARY: This notice follows the action establishing a Court of Indian 
Offenses (also known as a CFR Court) for the Kewa Pueblo (previously 
listed as the Pueblo of Santo Domingo). It provides notice that the 
application of certain sections of the regulations for the Court of 
Indian Offenses serving the Kewa Pueblo have been waived to allow the 
Bureau of Indian Affairs (BIA) to unilaterally establish a CFR court. 
It also allows the Assistant Secretary--Indian Affairs to appoint a 
magistrate without the need for confirmation by the Tribal governing 
body.

DATES: The waiver took effect on October 7, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office 
of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 
273-4680; [email protected].

SUPPLEMENTARY INFORMATION: 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 current 
Traditional Court System of the Kewa Pueblo is unable to provide 
minimum protections for due process as set forth in 25 U.S.C. 1302(a). 
To ensure the administration of justice on the Pueblo, BIA has taken 
steps to establish a Court of Indian Offenses to protect the rights of 
individuals and ensure public safety. Therefore, the Secretary 
determined, in his discretion, that it is necessary to waive 25 CFR 
11.104(a) and 25 CFR 11.201(a) on the Kewa Pueblo to ensure that the 
BIA can establish and operate a Court of Indian Offenses immediately.
    Section 11.104(a) provides that 25 CFR 11 applies to Tribes listed 
under Sec.  11.100 until either BIA and the Tribe enter into a contract 
or compact for the Tribe to provide judicial services, or until the 
Tribe has put into effect a law-and-order code that meets certain 
requirements.
    Section 11.201(a) provides that the Assistant Secretary--Indian 
Affairs

[[Page 10715]]

appoints a magistrate subject to confirmation by a majority vote of the 
Tribal governing bodies.
    The waiver allows BIA to unilaterally establish a CFR court and 
allows the Assistant Secretary--Indian Affairs to appoint a magistrate 
without the need for confirmation by the Tribal governing body.

    Dated: February 4, 2020.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-03734 Filed 2-24-20; 8:45 am]
 BILLING CODE 4337-15-P