with the appeal or with any additional statement of reasons, arguments, or briefs. The date of service is determined as stated in paragraph (c) of this section. When an appeal is being filed with the Commissioner, a copy of the notice of appeal shall also be served on or mailed to the Board of Indian Appeals. (b) Wherever the regulations require that a copy of a document be served, service shall be made by delivering the copy personally or by sending the document by certified or registered mail, return receipt requested, to the address of record as required in § 2.14. Where a tribe is an interested party, service shall be made on the principal or designated tribal official or on the tribal governing body. (c) A document will be considered to have been served at the date (1) of acknowledgment of service, (2) of personal service, (3) of delivery of a certified or registered letter, or (4) of the return by the post office of an undelivered certified or registered letter. (d) In all cases where a party is represented by an attorney, such attorney will be recognized as fully controlling the same on behalf of his client; and service of any document relating to the proceeding upon such attorney shall be deemed to be service on the party he represents. Where a party is represented by more than one attorney, service upon one of the attorneys shall be sufficient. §2.12 Answers. If any party served with an appeal wishes to participate in the proceeding on appeal, he must file a written answer within 30 days after service of the appeal upon him. The answer must be filed with the Area Director or the Commissioner and be personally served upon or mailed to the appellant, in the manner prescribed in §2.11, at the time the answer is filed. Proof of such service shall be filed with the Area Director or the Commissioner within 15 days after service. If an answer is not filed or if a copy is not served, as required, a default will not result; but the answer may be disregarded in deciding the appeal. § 2.13 When a document is filed. 82.16 A document is properly filed when received in the office of the official with whom the filing is required during regular office hours. No degree of formality is required to file a notice of appeal; a simple letter will suffice. The appellant need not be represented by counsel. A notice of appeal and/or appeal received in an office other than that to which it should be properly addressed shall be transmitted to the proper office and the appellant advised. If such office is unknown where received, it shall be returned to the writer. § 2.14 Record address. an Every interested party who files a document in connection with appeal shall state his address at the time of his notice of appeal or initial filing in the matter. Thereafter, he shall promptly inform the official with whom the filing was made of any change in address, giving appropriate identification of all matters in which he has made such a filing; otherwise, the address, as stated, shall be accepted as the proper address. The successors of such party shall likewise promptly inform the official of their interest in the matter and state their addresses. If an interested party fails to furnish his address as required in this section, he will not be entitled to notice in connection with the proceedings. § 2.15 Computation of time for filing and service. In computing any period of time prescribed herein for filing or serving a document, the day upon which the decision or document to be appealed or answered was received or served, or the day of any other event after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included unless it falls upon a Saturday, Sunday, legal holiday, or other nonbusiness day. § 2.16 Extensions of time. The period for filing or serving any document may be extended on behalf of an interested party by the officer to 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. 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. ther noth to 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. 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. 88 11.76NH to 11.87NH, inclusive, applicable only to Navajo and Hopi Indians. §§11.1, 112, 113, 115, 11.6, 11.6C, 11.7, 11.7C, 11.8, 11.20C, 11.22, 11.22C, 11.24, § 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 under State laws and by State law enadministered forcement 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 |