Sec. 11.31 Determination of heirs. 11.31C Determination of heirs. 11.31CA [Reserved] 11.32 Approval of wills. 11.32C Approval of wills. SENTENCES 11.33 Nature of sentences. 11.36 Juvenile delinquency. 11.36C Juvenile delinquency. 11.37 Disposition of fines. 11.37CA [Reserved] 11.38 CODE OF INDIAN TRIBAL OFFENSES Assault. 11.39 Assault and battery. 11.40 Carrying concealed weapons. 11.41 Abduction. 11.42 Theft. 11.43 Embezzlement. 11.44 Fraud. 11.45 Forgery. 11.46 Misbranding. 11.47 Receiving stolen property. 11.48 Extortion. 11.49 Disorderly conduct. 11.49CA [Reserved] 11.50 Reckless driving. 11.50C Reckless driving. 11.50ME Traffic violations. 11.51 Malicious mischief. 11.52 Trespass. 11.52CA [Reserved] 11.53 Injury to public property. 11.53CA [Reserved] 11.54 Maintaining a public nuisance. 11.55 Liquor violations. 11.55ME Liquor Violations. 11.56 Cruelty to animals. 11.57 Game violations. 11.58 Gambling. 11.59 Adultery. 11.60C Fornication. 11.61 Illicit cohabitation. 11.62 Prostitution. 11.63 Giving venereal disease to another. 11.63C Giving venereal disease to another. 11.63CA [Reserved] 11.64 Failure to support dependent per sons. 11.64C Failure to support dependent per sons. 11.65 Failure to send children to school. 11.66 Contributing to the delinquency of a minor. 11.67 Bribery. 11.68 Perjury. 11.75C Limitation on filing of complaints. 11.75CA [Reserved] 11.76CA [Reserved] 11.76H Failure to sell or remove from tribal range infectious or cull animals. 11.77H Introduction of livestock without permit. 11.78H Stock trespass in form of unauthorized use of range. 11.79H Failure to dip sheep. 11.80H Making false reports of stock owned. 11.81H Unauthorized fencing of tribal land. 11.82H Inter-district trespass. 11.83H Grazing stock without permit. 11.84H Refusing to brand or mark livestock. 11.85H Obstructing or interfering with livestock roundups. 11.86H Trespass on areas reserved for demonstration purposes. 11.87H Peyote violations. 11.88ME Curfew. 11.89ME Firearms. THE INDIAN POLICE 11.301 Superintendent in command. 11.302 Police commissioners. 11.303 Police training. 11.304 Minimum standards for police programs. 11.305 Minimum standards for detention programs. 11.306 Return of equipment. AUTHORITY: R.S. 463; 25 U.S.C. 2. Interpret or apply sec. 1, 38 Stat. 586; 25 U.S.C. 200. SOURCE: 22 FR 10515, Dec. 24, 1957, unless otherwise noted. NOTE: The regulations in this part are applicable on Indian reservations subject to the provisions of § 11.1, and the following exceptions: §§ 11.6, 11.7, 11.20, 11.22, 11.24, 11.26, 11.28, 11.29, 11.31, 11.32, 11.34, 11.36, 11.50, 11.63, and 11.64, not applicable to Crow Indians. 88 11.6C, 11.7C, 11.20C, 11.22C, 11.24C, 11.26C, 11.29C, 11.31C, 11.32C, 11.34C, 11.36C, 11.50C, 11.60C, 11.63C, 11.64C, and 11.75C, applicable only to Crow Indians. 11.76H to 11.87H, inclusive, applicable only to Hopi Indians. g§ 11.1, 11.2, 113, 115, 11.6, 11.6C, 11.7, 11.7C, 11.8, 11.20C, 11.22, 11.22C, 11.24, 11.24C, 11.25, 11.26C, 11.28, 11.29, 11.29C, 11.30, 11.31, 11.31C, 11.32, 11.32C, 11.33, 11.34C, 11.36C, 11.37, 11.49, 11.50C, 11.52, 11.53, 11.57, 11.58, 11.60C, 11.63, 11.63C, 11.64C, 11.74, 11.75C, and 11.76H-11.87H, inclusive, are not applicable to Coeur d'Alene Indians. All sections in Part 11 not heretofore mentioned in this note are applicable to the Coeur d'Alene Indians. NOMENCLATURE CHANGES: 38 FR 10927, May 3, 1973. APPLICATION; JURISDICTION § 11.1 Application of regulations. (a) Except as otherwise provided in this part, § 11.1-11.87H apply to the following Indian reservations: (1) Omaha (Nebraska). (2) Flandreau (South Dakota). (7) Sault Ste. Marie (Michigan). (11) Fort Mojave (Arizona). (13) Yavapai-Prescott (Arizona). (14) Fallon (Nevada). (15) Goshute (Nevada). §§ 11.6, 11.7, 11.20, 11.22, 11.24, 11.26, 11.28, 11.29, 11.31, 11.32, 11.34, 11.36, 11.50, 11.63, and 11.64, not applicable to Crow Indians. §§ 11.6C, 11.7C, 11.20C, 11.22C, 11.24C, 11.26C, 11.29C, 11.31C, 11.32C, 11.34C, 11.36C, 11.50C, 11.60C, 11.63C, 11.64C, and 11.75C, applicable only to Crow Indians. 11.76H to 11.87H, inclusive, applicable only to Hopi Indians. §§11.1, 112, 113, 115, 11.6, 11.6C, 117, 11.7C, 11.8, 11.20C, 11.22, 11.22C, 11.24, 11.24C, 11.25, 11.26C, 11.28, 11.29, 11.29C, 11.30, 11.31, 11.31C, 11.32, 11.32C, 11.33, 11.34C, 11.36C, 11.37, 11.49, 11.50C, 11.52, 11.53, 11.57, 11.58, 11.60C, 11.63, 11.63C, 11.64C, 11.74, 11.75C, and 11.76H-11.87H, inclusive, are not applicable to Coeur d'Alene Indians. All sections in Part 11 not heretofore mentioned in this note are applicable to the Coeur d'Alene Indians. NOMENCLATURE CHANGES: 38 FR 10927, May 3, 1973. APPLICATION; JURISDICTION § 11.1 Application of regulations. (a) Except as otherwise provided in this part, § 11.1-11.87H apply to the following Indian reservations: (1) Omaha (Nebraska). (2) Flandreau (South Dakota). (7) Sault Ste. Marie (Michigan). (13) Yavapai-Prescott (Arizona). (14) Fallon (Nevada). (16) Lovelock (Nevada). (17) Reno Sparks (Nevada). (18) Te-Moak (Nevada). (19) Walker River (Nevada). (24) Shoalwater Bay (Washington). (25) Hopi (Arizona) (Tribal court enforcement of special grazing regulations). (26) Hoopa (California) (Jurisdiction limited to special fishing regulations). (27) Duckwater Shoshone (Nevada). (b) It is the purpose of the regulations in this part to provide adequate machinery of law enforcement for those Indian tribes in which traditional agencies for the enforcement of tribal law and custom have broken down for which no adequate substitute has been provided under Federal or State law. (c) No court of Indian Offenses will be established on reservations where justice is effectively administered under State laws and by State law enforcement agencies. (d) The regulations in this part shall continue to apply to tribes organized under the act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461-479), until a law and order code has been adopted by the tribe in accordance with its constitution and by-laws and has become effective; and thereafter §§ 11.3, 11.4, 11.301, 11.302, 11.303, 11.304, 11.305 and 11.306 shall continue in effect as long as the Indian judges and Indian police are paid from appropriations made by the United States or until otherwise directed. (e) Nothing in this section shall prevent the adoption by the tribal council of ordinances applicable to the individual tribe, and after such ordinances have been approved by the Secretary of the Interior they shall be controlling, and the regulations of this part which may be inconsistent therewith shall no longer be applicable to that tribe. (5 U.S.C. 301 and 25 U.S.C. 2) [22 FR 10515, Dec. 24, 1957, as amended at 43 FR 49982, Oct. 26, 1978; 44 FR 18969, Mar. 30, 1979] § 11.2 Jurisdiction. (a) A Court of Indian Offenses shall have jurisdiction over all offenses enumerated in §§ 11.38-11.87H, when committed by any Indian, within the reservation or reservations for which the court is established, provided that such court on the Hopi Reservation shall also have jurisdiction to enforce against members of the tribe within the Hopi Reservation the ordinances passed by the Hopi tribal council which prohibit offenses against the peace and welfare of the tribe commit ted by such members off the reservation. (b) With respect to any of the offenses enumerated in §§ 11.38-11.87H, over which Federal or State courts may have lawful jurisdiction, the jurisdiction of the Court of Indian Offenses shall be concurrent and not exclusive. It shall be the duty of the said Court of Indian Offenses to order delivery to the proper authorities of the State or Federal Government or of any other tribe or reservation, for prosecution, any offender, there to be dealt with according to law or regulations authorized by law, where such authorities consent to exercise jurisdiction lawfully vested in them over the said offender. (c) For the purpose of the enforcement of the regulations in this part, an Indian shall be deemed to be any person of Indian descent who is a member of any recognized Indian tribe now under Federal jurisdiction and a "reservation" shall be taken to include all territory within reservation boundaries, including fee patented lands, roads, waters, bridges, and lands used for agency purposes. (d) All Indians employed in the Indian Service shall be subject to the jurisdiction of the Court of Indian Offenses but any such employee appointed by the Secretary of the Interior shall not be subject to any sentence of such court, unless such sentence shall have been approved by the Secretary of the Interior. COURTS OF INDIAN OFFENSES § 11.2CA [Reserved] § 11.3 Judges. (a) A Court of Indian Offenses established for any reservation or group of reservations shall consist of one or more chief judges, whose duties shall be regular and permanent, and two or more associate judges, who may be called to service when occasion requires, and who shall be compensated on a per diem basis. (b) Each judge shall be appointed by the Commissioner of Indian Affairs, subject to confirmation by a twothirds vote of the tribal council. |