List of Courts of Indian Offenses; Future Publication of Updates

Federal Register, Volume 85 Issue 4 (Tuesday, January 7, 2020)
[Federal Register Volume 85, Number 4 (Tuesday, January 7, 2020)]
[Rules and Regulations]
[Pages 645-646]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-27997]
Bureau of Indian Affairs
25 CFR Part 11
[201A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF46
List of Courts of Indian Offenses; Future Publication of Updates
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
SUMMARY: This final rule revises 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: This rule takes effect on January 7, 2020.
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.
    On July 23, 2019, BIA published a proposed rule to 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. 84 FR 35355. During the public
comment period, BIA received one comment which suggested requirements
related to Tribal courts, which are not relevant to this rulemaking.
Therefore, BIA made no changes to the proposed rule.
    This final rule allows enables 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 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
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.
[[Page 646]]
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 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
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. Determination To Issue an Final Rule With Immediate Effective Date
    We are publishing this final rule with an immediate effective date,
as allowed under 5 U.S.C. 553(d)(3). Good cause for an immediate
effective date exists because the delay in publishing this rule would
inhibit access to justice for Tribal members and likely obstruct speedy
trial rights for members of those Tribes coming under the jurisdiction
of the CFR court.
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, amends 25 CFR part 11 as follows:
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
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 ( and is published periodically in the Federal
    (b) The Director, Bureau of Indian Affairs, will maintain on the
Bureau of Indian Affairs website ( 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.
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: December 4, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2019-27997 Filed 1-6-20; 8:45 am]