[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.100]



[Page 19-22]

 

                            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.









                   Subpart A_Application; Jurisdiction



Sec.

11.100 Listing of Courts of Indian Offenses.

11.101 Prospective application of regulations.

11.102 Criminal jurisdiction; limitation of actions.

11.103 Civil jurisdiction; limitation of actions.

11.104 Jurisdictional limitations.



     Subpart B_Courts of Indian Offenses; Personnel; Administration



11.200 Composition of court.

11.201 Appointment of magistrates.

11.202 Removal of magistrates.

11.203 Court clerks.

11.204 Prosecutors.

11.205 Standards governing appearance of attorneys and lay counselors.

11.206 Court records.

11.207 Cooperation of Bureau of Indian Affairs employees.

11.208 Payment of judgments from individual Indian money accounts.

11.209 Disposition of fines.



                      Subpart C_Criminal Procedure



11.300 Complaints.

11.301 Arrests.

11.302 Arrest warrants.

11.303 Notification of rights prior to custodial interrogation.

11.304 Summons in lieu of warrant.

11.305 Search warrants.

11.306 Search without a warrant.

11.307 Disposition of seized property.

11.308 Commitments.

11.309 Arraignments.

11.310 Bail.

11.311 Subpoenas.

11.312 Witness fees.

11.313 Trial procedure.

11.314 Jury trials.

11.315 Sentencing.

11.316 Probation.

11.317 Parole.

11.318 Extradition.



                       Subpart D_Criminal Offenses



11.400 Assault.

11.401 Recklessly endangering another person.

11.402 Terroristic threats.

11.403 Unlawful restraint.

11.404 False imprisonment.

11.405 Interference with custody.

11.406 Criminal coercion.

11.407 Sexual assault.

11.408 Indecent exposure.

11.409 Reckless burning or exploding.

11.410 Criminal mischief.

11.411 Criminal trespass.

11.412 Theft.

11.413 Receiving stolen property.

11.414 Embezzlement.

11.415 Fraud.

11.416 Forgery.

11.417 Extortion.



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11.418 Misbranding.

11.419 Unauthorized use of automobiles and other vehicles.

11.420 Tampering with records.

11.421 Bad checks.

11.422 Unauthorized use of credit cards.

11.423 Defrauding secured creditors.

11.424 Neglect of children.

11.425 Persistent non-support.

11.426 Bribery.

11.427 Threats and other improper influence in official and political 

          matters.

11.428 Retaliation for past official action.

11.429 Perjury.

11.430 False alarms.

11.431 False reports.

11.432 Impersonating a public servant.

11.433 Disobedience to lawful order of court.

11.434 Resisting arrest.

11.435 Obstructing justice.

11.436 Escape.

11.437 Bail jumping.

11.438 Flight to avoid prosecution or judicial process.

11.439 Witness tampering.

11.440 Tampering with or fabricating physical evidence.

11.441 Disorderly conduct.

11.442 Riot; failure to disperse.

11.443 Harassment.

11.444 Carrying concealed weapons.

11.445 Driving violations.

11.446 Cruelty to animals.

11.447 Maintaining a public nuisance.

11.448 Abuse of office.

11.449 Violation of an approved tribal ordinance.

11.450 Maximum fines and sentences of imprisonment.



                         Subpart E_Civil Actions



11.500 Law applicable to civil actions.

11.501 Judgments in civil actions.

11.502 Costs in civil actions.

11.503 Applicable civil procedure.

11.504 Applicable rules of evidence.



                      Subpart F_Domestic Relations



11.600 Marriages.

11.601 Marriage licenses.

11.602 Solemnization.

11.603 Invalid or prohibited marriages.

11.604 Declaration of invalidity.

11.605 Dissolution.

11.606 Dissolution proceedings.

11.607 Temporary orders and temporary injunctions.

11.608 Final decree; disposition of property; maintenance; child 

          support; custody.

11.609 Determination of paternity and support.

11.610 Appointment of guardians.

11.611 Change of name.



                      Subpart G_Probate Proceedings



11.700 Probate jurisdiction.

11.701 Duty to present will for probate.

11.702 Proving and admitting will.

11.703 Petition and order to probate estate.

11.704 Appointment and duties of executor or administrator.

11.705 Removal of executor or administrator.

11.706 Appointment and duties of appraiser.

11.707 Claims against estate.

11.708 Sale of property.

11.709 Final account.

11.710 Determination of the court.

11.711 Descent and distribution.

11.712 Closing estate.

11.713 Small estates.



                     Subpart H_Appellate Proceedings



11.800 Jurisdiction of appellate division.

11.801 Procedure on appeal.

11.802 Judgment against surety.

11.803 Record on appeal.

11.804 Briefs and memoranda.

11.805 Oral argument.

11.806 Rules of court.



                       Subpart I_Children's Court



11.900 Definitions.

11.901 The children's court established.

11.902 Non-criminal proceedings.

11.903 Presenting officer.

11.904 Guardian ad litem.

11.905 Jurisdiction.

11.906 Rights of parties.

11.907 Transfer to Court of Indian Offenses.

11.908 Court records.

11.909 Law enforcement records.

11.910 Expungement.

11.911 Appeal.

11.912 Contempt of court.



                  Subpart J_Juvenile Offender Procedure



11.1000 Complaint.

11.1001 Warrant.

11.1002 Custody.

11.1003 Law enforcement officer's duties.

11.1004 Detention and shelter care.

11.1005 Preliminary inquiry.

11.1006 Investigation by the presenting officer.

11.1007 Petition.

11.1008 Date of hearing.

11.1009 Summons.

11.1010 Adjudicatory hearing.

11.1011 Dispositional hearing.

11.1012 Dispositional alternatives.

11.1013 Modification of dispositional order.

11.1014 Medical examination.



                Subpart K_Minor-in-Need-of-Care Procedure



11.1100 Complaint.



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11.1101 Warrant.

11.1102 Custody.

11.1103 Law enforcement officer's duties.

11.1104 Shelter care.

11.1105 Preliminary inquiry.

11.1106 Investigation by the presenting officer.

11.1107 Petition.

11.1108 Date of hearing.

11.1109 Summons.

11.1110 Minor-in-need-of-care adjudicatory hearing.

11.1111 Minor-in-need-of-care dispositional hearing.

11.1112 Dispositional alternatives.

11.1113 Modification of dispositional order.

11.1114 Termination.

11.1115 Information collection.



    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.



    Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.







    (a) 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) Santa Fe Indian School Property, including the Santa Fe Indian 

Health Hospital, and the Albuquerque Indian School Property (land held 

in trust for the 19 Pueblos of New Mexico).

    (15) Winnemucca Indian Tribe (land in trust for the Winnemucca 

Indian Tribe of Nevada).

    (b) It is the purpose of the regulations in this part to provide 

adequate machinery for the administration of justice for Indian tribes 

in those areas



[[Page 22]]



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; 68 FR 

44616, July 30, 2003; 69 FR 51559, Aug. 20, 2004; 70 FR 15761, Mar. 29, 

2005]