whom the appeal is taken, for good cause shown, except for the time for filing a notice of appeal and except where such extension is contrary to law or regulation.

§2.17 Summary dismissal.

An appeal to the Area Director or the Commissioner may be subject to summary dismissal for any of the following causes:

(a) If a statement of the reasons for the appeal is not included in the appeal.

(b) If the notice of appeal and/or appeal together with any supporting documents are not filed or not served upon the interested parties as required in §§ 2.10, 2.11, and 2.13 of this Part.

§ 2.18 Action by Area Director on appeal.

The Area Director shall render a written decision in each case appealed to him, and he shall include a statement that the decision will become final 60 days from receipt thereof unless a notice of appeal is filed with the Commissioner of Indian Affairs pursuant to §§ 2.10, 2.11, and 2.13 of this Part. A copy of such decision shall be forwarded to each known interested party by certified or registered mail, return receipt requested. Such receipts shall become a permanent part of the record.

§2.19 Action by Commissioner on appeal. (a) Within 30 days after all time for pleadings (including extension granted) has expired, the Commissioner of Indian Affairs shall:

(1) Render a written decision on the appeal or

(2) Refer the appeal to the Board of Indian Appeals for decision.

(b) If no action is taken by the Commissioner within the 30-day time limit, the Board of Indian Appeals shall review and render the final decision.

(c) When the Commissioner renders a written decision on an appeal, he shall include one of the following statements in the written decision:

(1) If the decision is based on the exercise of discretionary authority, it shall so state; and a statement shall be included that the decision is final for the Department.

(2) If the decision is based on interpretation of law, a statement shall be included that the decision will become final 60 days from receipt thereof unless an appeal is filed with the Board of Indian Appeals pursuant to 43 CFR 4.354 and 4.355.

(d) A copy of the Commissioner's written decision in each case shall be forwarded to each known interested party by certified or registered mail, return receipt requested. Such receipts shall become a permanent part of the record. A copy of the Commissioner's written decision in each case shall also be sent to the Board of Indian Appeals.

§ 5.3 Application submission and accept

ance.

(a) The governing body of the community or the intertribal organization making application must support participation in the Reservation Acceleration Program by a formal resolution. The resolution requesting participation in the program may be submitted at any time to the Commissioner of Indian Affairs.

(b) If the applicant is a community or communities served by a single Bureau of Indian Affairs Agency which serves no other communities, the Commissioner of Indian Affairs will, within 30 days after the date the application is received, inform the applicant of the date when negotiations may begin. In other cases, the Commissioner will direct members of his staff to meet with the applicant to develop special procedures that are acceptable both to the Commissioner and to the applicant. As soon as such procedures are accepted, a date for the start of negotiations will be announced.

§ 5.4 Implementation procedures.

(a) Leaders of communities selected to participate in the program will meet with the staff of the Bureau of Indian Affairs Agency that serves their communities to familiarize themselves with all aspects of the current Bureau program in their locality. The governing body will then prepare recommendations for changes in the Bureau program that it feels will support the comprehensive development plans of the community. These recommendations will be discussed with the Agency staff to determine if the Superintend

ent has the authority to implement them. When agreement is reached on those recommendations which are within the Superintendent's authority, he will implement them providing the changes proposed will not adversely affect services to other communities. All RAP recommendations will be forwarded to the area office.

(b) The same procedures described for negotiations at the Agency level will also apply at the area office level. In addition, when a community indicates it would be willing to exchange Bureau funds or staff in a single activity for funds or staff of another activity, the Area Director will be responsible for contacting other communities within his service area to inform them of the offer. When such an exchange is agreed to by all parties, the Area Director will implement it. Other recommendations that are within his authority and on which agreement is reached will also be implemented immediately by the Area Director.

(c) All RAP recommendations will then be forwarded to the Central Office where the negotiation process will be repeated. The Commissioner will be responsible for contacting other area offices to facilitate program exchanges that could not be made within a single area.

(d) Upon completion of the Central Office negotiations, the agreement will be signed by the tribal leader, the Superintendent, the Area Director and the Commissioner of Indian Affairs.

(e) The Area Director will be responsible for making any changes in the staffing or program of the area office that are necessary to implement the agreement.

Sec.

11.30CA Determination of paternity and support.

11.31 Determination of heirs.
11.31C Determination of heirs.
11.31CA Determination of heirs.
11.32 Approval of wills.
11.32C Approval of wills.

SENTENCES

11.33 Nature of sentences. 11.33CA Nature of sentences. 11.34 Probation.

11.34C Probation.

11.35 Parole.

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 Disorderly conduct.

11.50 Reckless driving.

11.50C Reckless driving.

11.51 Malicious mischief.

11.52 Trespass.

11.52CA Trespass.

11.53 Injury to public property. 11.53CA Injury to public property.

11.54 Maintaining a public nuisance. 11.55 Liquor violations.

11.56 Cruelty to animals.

11.57 Game violations.

11.58 Gambling.

11.59 Adultery.

11.60C Fornication.

11.61

11.62

Illicit cohabitation. Prostitution.

11.63 Giving venereal disease to another. 11.63C Giving venereal disease to another. 11.63CA Giving venereal disease to another.

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.

Sec.

11.68 Perjury.

11.69 False arrest.

11.70 Resisting lawful arrest. 11.71 Refusing to aid officer. 11.72 Escape.

11.73 Disobedience to lawful orders of

court.

11.74 Violation of an approved tribal ordi

nance.

11.75C Limitation on filing of complaints. 11.75CA Attempted rape. 11.76CA Vagrancy.

11.76NH Failure to sell or remove from tribal range infectious or cull animals. 11.77NH Introduction of livestock without permit.

11.78NH Stock trespass in form of unauthorized use of range.

11.79NH Failure to dip sheep.

11.80NH Making false reports of stock owned.

11.81NH Unauthorized fencing of tribal land.

11.82NH Inter-district trespass.

11.83NH Grazing stock without permit. 11.84NH Refusing to brand or mark livestock.

11.85NH Obstructing or interfering with livestock roundups.

11.86NH Trespass on areas reserved for demonstration purposes.

11.87NH Peyote violations.

THE INDIAN POLICE

11.301 Superintendent in command. 11.302 Police commissioners.

11.303 Police training.

11.304 Minimum standards for police pro

grams.

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.

§§ 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.

§§ 11.76NH to 11.87NH, inclusive, applicable only to Navajo and Hopi Indians.

g§11.1, 11.2, 11.3, 11.5, 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 11.76NH-11.87NH, inclusive, are not applicable to Coeur d'Alene Indians.

All sections which follow bearing the symbol "CA" at the end of the number are applicable only to the Coeur d'Alene Indi

ans.

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) The regulations in this part relative to Courts of Indian Offenses shall apply to all Indian reservations on which such courts are maintained.

(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.

§ 11.2 Jurisdiction.

(a) A Court of Indian Offenses shall have jurisdiction over all offenses enumerated in §§ 11.38-11.87NH, 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 committed by such members off the reservation.

(b) With respect to any of the offenses enumerated in §§ 11.3811.87NH, 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 Jurisdiction.

(a) The Court of Indian Offenses referred to in this part will be construed to mean the Coeur d'Alene Court of Indian Offenses. A Court of Indian Offenses shall have jurisdiction over all offenses enumerated in §§ 11.3811.76CA, when committed by any Indian, within the reservation or reservations for which the court is established.

(b) With respect to any of the offenses enumerated in §§ 11.38-11.76CA, over which Federal or States 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, but any such employee appointed by the Secretary of the Interior shall have the right of appeal to the Secretary from any sentence of the court and no such sentence appealed shall become effective until it shall have been approved by the Secretary.

§ 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