[as of March 2, 2004]

 

The Government Printing Office posts the current Code of Federal Regulations online

The National Archives and Records Administration has compiled a table of Codes of Federal Regulations that are available online.

 

Title 25,  Chapter I of the Code of Federal Regulations includes regulations of the Bureau of Indian Affairs, Department of the Interior.

 

Part 11 regulates Law and Order on Indian Reservations.

 

Courts of Indian Offenses currently subject to the regulations in Title 25 of the Code of Federal Regulations (25 CFR) are listed in Section 11.100

 

[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR11.100]
 
[Page 21-22]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 11--LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents
 
                  Subpart A--Application; Jurisdiction
 
Sec. 11.100  Listing of Courts of Indian Offenses.

 

 

Except as otherwise provided in this title, the regulations under this part are applicable 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) Lovelock Paiute Tribe (Nevada).
    (4) Te-Moak Band of Western Shoshone Indians (Nevada).
    (5) Yomba Shoshone Tribe (Nevada).
    (6) Kootenai Tribe (Idaho).
    (7) Shoalwater Bay Tribe (Washington).
    (8) Eastern Band of Cherokee Indians (North Carolina).
    (9) For the following tribes located in the former Oklahoma Territory (Oklahoma):
    (i) Absentee Shawnee Tribe of Indians of Oklahoma
    (ii) Apache Tribe of Oklahoma
    (iii) Caddo Tribe of Oklahoma
    (iv) Cheyenne-Arapaho Tribe of Oklahoma
    (v) Citizen Band of Potawatomi Indians of Oklahoma
    (vi) Comanche Tribe of Oklahoma (except Comanche Children's Court)
    (vii) Delaware Tribe of Western Oklahoma
    (viii) Fort Sill Apache Tribe of Oklahoma
    (ix) Iowa Tribe of Oklahoma
    (x) Kaw Tribe of Oklahoma
    (xi) Kickapoo Tribe of Oklahoma
    (xii) Kiowa Tribe of Oklahoma
    (xiii) Otoe-Missouria Tribe of Oklahoma
    (xiv) Pawnee Tribe of Oklahoma
    (xv) Ponca Tribe of Oklahoma
    (xvi) Tonkawa Tribe of Oklahoma
    (xvii) Wichita and Affiliated Tribes of Oklahoma.
    (10) Hoopa 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 in the State of Louisiana which occupy Indian country 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.
    (13) Ute Mountain Ute Tribe (Colorado).
    (14) Sante Fe Indian School Property, including the Santa Fe Indian Health Hospital (land in trust for the 19 Pueblos of New Mexico).  
    (15) Paiute-Shoshone Indian Tribe of the Fallon Reservation and Colony (land in trust for the Paiute-Shoshone Indian Tribe of the Fallon 
Reservation and Colony).

    (b) It is the purpose of the regulations in this part to provide adequate machinery for the administration of

[[Page 22]]

justice for Indian tribes 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 exercise that jurisdiction.

    (c) The regulations in this part shall continue to apply to tribes listed under Sec. 11.100(a) until a law and order code which includes the 
establishment of a court system has been adopted by the tribe in accordance with its constitution and by-laws or other governing documents, has 
become effective, and the Assistant Secretary--Indian Affairs or his or her designee has received a valid tribal enactment identifying the effective date of 
the code's implementation, and the name of the tribe has been deleted from the listing of Courts of Indian Offenses under Sec. 11.100(a).

    (d) For the purposes of the enforcement of the regulations in this part, an Indian is defined as a person who is a member of an Indian tribe which is 
recognized by the Federal Government as eligible for services from the BIA, and any other individual who is an ``Indian'' for purposes of 18 U.S.C. 
1152-1153.

    (e) The governing body of each tribe occupying the Indian country over which a Court of Indian Offenses has jurisdiction may enact ordinances 
which, when approved by the Assistant Secretary--Indian Affairs or his or her designee, shall be enforceable in the Court of Indian Offenses having 
jurisdiction over the Indian country occupied by that tribe, and shall supersede any conflicting regulation in this part.

    (f) Each Court of Indian Offenses shall apply the customs of the tribe occupying the Indian country over which it has jurisdiction to the extent that 
they are consistent with the regulations of this part.

[58 FR 54411, Oct. 21, 1993, as amended at 59 FR 48722, Sept. 22, 1994; 61 FR 10674, Mar. 15, 1996; 66 FR 22121, May 3, 2001; 66 FR 48087, 
Sept. 18, 2001; 67 FR 44355, July 2, 2002; 67 FR 59783, Sept. 24, 2002