tenced to labor for a period not to exceed 6 months.

§ 11.69 False arrest.

Any Indian who shall willfully and knowingly make, or cause to be made, the unlawful arrest, detention or imprisonment of another person, shall be deemed guilty of an offense, and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months.

§ 11.70 Resisting lawful arrest.

Any Indian who shall willfully and knowingly, by force or violence, resist or assist another person to resist a lawful arrest shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period not to exceed 30 days.

§ 11.70ME Resisting or obstructing offi

cers.

Until such time as the Menominee Tribe enacts its own ordinances dealing with resisting or obstructing an officer, the provisions of Wisconsin Statutes 946.41 are hereby incorporated by reference and made applicable with the exception that any Indian found guilty of violating the provisions of Wisconsin Statutes 946.41(1) shall, in lieu of the penalties therein provided, be sentenced to labor for a period not to exceed sixty (60) days.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40805, Sept. 13, 1978]

§ 11.71 Refusing to aid officer.

Any Indian who shall neglect or refuse, when called upon by any Indian police or other police officer of the Bureau of Indian Affairs, to assist in the arrest of any person charged with or convicted of any offense or in securing such offender when apprehended, or in conveying such offender to the nearest place of confinement shall be deemed guilty of an offense, and upon conviction, shall be sentenced to labor for a period not to exceed 10 days.

§ 11.72 Escape.

Any Indian, who, being in lawful custody, for any offense, shall escape

or attempt to escape or who shall permit or assist or attempt to permit or assist another person to escape from lawful custody shall be deemed guilty of an offense, and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months.

§ 11.73 Disobedience to lawful orders of court.

Any Indian who shall willfully disobey any order, subpena, warrant or command duly issued, made or given by the Court of Indian Offenses or any officer thereof, shall be deemed guilty of an offense and upon conviction thereof shall be fined in an amount not exceeding $180 or sentenced to labor for a period not to exceed 3 months.

§ 11.74 Violation of an approved tribal ordinance.

Any Indian who violates an ordinance designed to preserve the peace and welfare of the tribe, which was promulgated by the tribal council and approved by the Secretary of the Interior, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced as provided in the ordinance.

§ 11.75C Limitation on filing of complaints.

No complaint shall be filed charging the commission of an offense, as defined under §§ 11.38-11.75C, unless such offense shall have been committed within 1 year prior to the date of the complaint.

§ 11.75CA [Reserved]

§ 11.76CA [Reserved]

§ 11.76H Failure to sell or remove from tribal range infectious or cull animals. Any Indian who shall willfully refuse to dispose of cull or infectious animals indicated for removal in accordance with the instructions contained in § 72.8 of this chapter, shall be deemed guilty of an offense, and upon conviction thereof shall be sentenced to hard labor for a period of

not to exceed 90 days, or a reduction of 10 percent in his grazing permit.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978; 44 FR 18969, Mar. 30, 1979]

§ 11.77H Introduction of livestock without permit.

Any Indian who shall introduce or cause to be introduced any livestock into unallotted lands of the reservation without a permit shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a period of not to exceed 60 days at hard labor.

CROSS REFERENCE: For Navajo grazing regulations, see Part 152 of this chapter.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.78H Stock trespass in form of unauthorized use of range.

Any Indian who shall willfully graze stock in excess of permitted number on tribal range, or who shall refuse to graze his livestock in accordance with range management plans which consider deferred grazing, the reservation of specific areas for seasonal use, etc., shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to hard labor for a period not to exceed 6 months, and, or, he shall be required to pay damages equal to the value of the forage consumed, salaries and expenses of employees for the time incurred in making investigation, and reports. In lieu of cash, this fine, if levied, may be collected in livestock.

CROSS REFERENCE: For Navajo grazing regulations, see Part 152 of this chapter.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.79H Failure to dip sheep.

Any Indian who willfully refuses to dip all of his sheep and goats according to regulations when so directed by the superintendent or his authorized representative shall be deemed guilty of an offense and upon conviction

thereof shall be sentenced to hard labor for a period not to exceed 6 months or shall be subject to a fine not to exceed $100 or both. In lieu of cash, this fine, if levied, may be collected in livestock.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978)

§ 11.80H Making false reports of stock owned.

Any Indian who willfully makes a false report as to the total number of stock owned, or refuses to make a true report of stock ownership, shall be deemed guilty of an offense and upon conviction thereof, shall be fined not less than $10 nor inore than $100. In lieu of cash this fine may be collected in livestock.

CROSS REFERENCE: For method of making out reports of stock owned, see § 152.7 of this chapter.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.81H Unauthorized fencing of tribal land.

Any Indian who shall willfully fence, for his own advantage, range land belonging to the tribe, without first having secured a permit from the superintendent shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to hard labor for a period not to exceed 6 months.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.82H Inter-district trespass.

Any Indian who shall allow his stock to trespass on range allocated to others under provisions of the grazing regulations, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to hard labor for a period not to exceed 3 months or shall be subject to a fine equal to the damage done the range allocated to others, or both.

CROSS REFERENCE: For Navajo grazing regulations, see Part 152 of this chapter. (5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.83H Grazing stock without permit.

Any Indian who shall allow his stock to graze on tribal land without a grazing permit shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to hard labor for a period not to exceed 3 months or shall be fined not to exceed $100 or both. In lieu of cash, this fine, if levied, may be collected in livestock.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.84H Refusing to brand or mark livestock.

Any Indian who shall willfully refuse to brand or mark his or her livestock where such branding or marking is required in the interest of ownership identification or for other purposes or who alters obliterates or removes such brands or marks shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to hard labor for a period not to exceed 60 days.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.85H Obstructing or interfering with livestock roundups.

Any Indian who shall interfere with or obstruct authorized roundups which have for their purpose the removal of unowned horses or other livestock, or for the purpose of determining ownership or for other purposes designed to protect tribal land from destruction, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to hard labor for a period not to exceed 6 months.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.86H Trespass on areas reserved for demonstration purposes.

Any Indian who shall commit willful trespass on areas reserved for demonstration, administration, or agricultural purposes designed for the benefit of

the tribe shall be guilty of an offense and upon conviction thereof shall be sentenced to hard labor for a period not to exceed 60 days and shall be subject to a fine not exceeding $100, or both. In lieu of cash, this fine, if levied, may be collected in livestock.

(5 U.S.C. 301 and 25 U.S.C. 2)

[22 FR 10515, Dec. 24, 1957. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.87H Peyote violations.

Any Indian who shall introduce into the Navajo country, sell, use or have in his possession within said Navajo country, the bean known as peyote shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period not to exceed 9 months or a fine not to exceed $100, or both; Provided, That it shall not be unlawful for any member of the Native American Church to transport into Navajo country, buy, sell, possess, or use peyote in any form in connection with the religious practices, sacraments or services of the Native American Church.

(5 U.S.C. 301 and 25 U.S.C. 2)

[38 FR 19910, July 25, 1973. Redesignated at 43 FR 49982, Oct. 26, 1978]

§ 11.88ME Curfew.

Until such time as the Menominee Tribe enacts its own curfew ordinance, the provisions of Menominee County Ordinance No. 23A relating to curfew are hereby incorporated by reference and made applicable with the exception that any Indian parent or guardian found guilty of violating such law shall in lieu of the penalties provided by Menominee County Ordinance No. 23A be sentenced to labor for a period not to exceed five (5) days.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40805, Sept. 13, 1978] § 11.89ME Firearms.

Until such time as the Menominee Tribe enacts its own firearms ordinance, the provisions of the town of Menominee Ordinance No. 39 relating to the use of firearms are hereby incorporated by reference and made applicable within the unincorporated villages of Keshena, Neopit, and Zoar,

according to the plats thereof and additions thereto as recorded with the Register of Deeds of Menominee County, Wis., with the exception that any Indian found guilty of violating such laws shall, in lieu of the penalties provided by the said ordinance, be sentenced to labor for a period not to exceed thirty (30) days.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40805, Sept. 13, 1978]

§ 11.90ME Keeping of livestock.

Until such time as the Menominee Tribe enacts its own ordinances dealing with the keeping of livestock, the provisions of Menominee County Zoning Ordinance, Article 6, Section 41, prohibiting the keeping of livestock within 200 feet of residential property lines are hereby incorporated by reference and made applicable with the exception that any Indian found guilty of violating such law shall, in lieu of the penalties provided by the Menominee County Zoning Ordinance, be sentenced to labor for a period not to exceed thirty (30) days.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40805, Sept. 13, 1978]

§ 11.91ME Control of dogs.

Until such time as the Menominee Tribe enacts its own ordinances regulating the keeping of dogs, the provisions of the town of Menominee Ordinance No. 1 regulating the licensing and control of dogs are hereby incorporated by reference and made applicable, with the exception that any Indian found guilty of violating such law, in lieu of the penalties provided by the said ordinance, be fined five dollars ($5.00) for the first offense and ten dollars ($10.00) for each succeeding offense.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40805, Sept. 13, 1978]

§ 11.92ME Forest fire protection.

Until such time as the Menominee Tribe enacts its own ordinances dealing with fire protection, detection, control and suppression, the provisions of the Wisconsin Administration Code, DNR Section 26.12(5)(a) requir

ing a written permit issued by Wisconsin Department of Natural Resources Fire Warden before any person sets any fire except for warming the person or cooking food, are hereby incorporated by reference and made applicable to the setting of fires on the Menominee Reservation. Any Indian found guilty of failing to obtain a permit shall be sentenced to labor for a period not to exceed thirty (30) days. (5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40805, Sept. 13, 1978]

§ 11.93ME Possession of controlled substances.

Until such time as the Menominee Tribe enacts its own ordinances dealing with the possession of controlled substances, the provisions of Wisconsin Statutes 161.41(3) are hereby incorporated by reference and made applicable with the exception that any Indian found guilty of violating such law shall, in lieu of the penalties provided by Wisconsin Statutes 161.41(3), be sentenced to labor for a period not to exceed thirty (30) days.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40806, Sept. 13, 1978]

§ 11.94ME Garbage and rubbish.

Until such time as the Menominee Tribe enacts its own ordinances dealing with garbage, rubbish, and inflammable material, the provisions of the town of Menominee Ordinance No. 4 regulating disposal of garbage, rubbish and inflammable material are hereby incorporated by reference and made applicable with the exception that the designation of Menominee Enterprises, Inc., shall include Menominee Tribal Enterprise, that public dumps may be designated by the Menominee Tribe as well as by the town of Menominee and that any Indian found guilty of violating such law shall, in lieu of the penalties provided by town of Menominee Ordinance No. 4, be sentenced to labor for a period not to exceed five (5) days in the event of the first offense and not to exceed thirty (30) days for each succeeding violation.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40806, Sept. 13, 1978]

§ 11.95ME Extradition.

(a) Whenever the Area Director, Minneapolis Area Office, is informed and believes that an Indian has committed a crime outside the Menominee Reservation and is present on the Menominee Reservation, using it as an asylum from prosecution, the Area Director may order a police officer of the Menominee Reservation to apprehend such Indian and deliver him to the authorities seeking his arrest at the exterior boundaries of the reservation.

(b) If a person, apprehended pursuant to this section, so demands, he shall be taken by the arresting police officers to the Menominee Court of Indian Offenses where a Judge shall hold a hearing. If it appears that there is no probable cause to believe the Indian is guilty of the crime with which he is charged outside the reservation, or if it appears probable that the Indian will not receive a fair trial in the state court, the Judge shall order the Indian released from custody.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40806, Sept. 13, 1978]

§ 11.96ME 3reaking and entering.

Until such time as the Menominee Tribe enacts its own breaking and entering ordinance, the provisions of Wisconsin Statutes 943.14, "Criminal trespass to dwellings," are hereby incorporated by reference and made applicable, with the exception that any Indian found guilty of violating the provisions of Wisconsin Statutes 943.14 shall, in lieu of the penalties therein provided, be sentenced to labor for a period not to exceed six (6) months.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40806, Sept. 13, 1978]

§ 11.97ME Juvenile services.

Until such time as the Menominee Tribe enacts its own juvenile code, the provisions of the Wisconsin State laws relating to juveniles, Wisconsin Statutes

§§ 48.12-48.47, § 48.78, §§ 48.8148.97, and Chapter 54, are hereby incorporated by reference and made applicable to juvenile cases arising on the Menominee Reservation. Provided,

That the following statutes are not to apply: Wis. Stat. Ann. §§ 48.31, 48.32, 48.41, 48.83, and 48.89. And provided further, That rendering of juvenile services to the Menominee Tribe shall be in accordance with the agreement entered into on March 15, 1978, between the Wisconsin Department of Health and Social Services and the Menominee Restoration Committee.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40806, Sept. 13, 1978]

§ 11.98ME Date of incorporated statutes.

All Wisconsin statutes, Menominee County ordinances, and ordinances of the town of Menominee, incorporated in §§ 11.50ME-11.97ME shall be those in effect on the date of publication of this rulemaking, together with any amendments hereafter adopted.

(5 U.S.C. 301 and 25 U.S.C. 2) [43 FR 40806, Sept. 13, 1978]

THE INDIAN POLICE

§ 11.301 Superintendent in command.

The superintendent of each Indian reservation shall be recognized as commander of the Indian police force and will be held responsible for the general efficiency and conduct of the members thereof. It shall be the duty of the superintendent, or his duly qualified representative, to keep himself informed as to the efficiency of the Indian police in the discharge of their duties, to subject them to a regular inspection, to inform them as to their duties and keep a strict accounting of the equipment issued them in connection with their official duties. It shall be the duty of the superintendent to detail such Indian policemen as may be necessary to carry out the orders of the Court of Indian Offenses and to preserve order during the court sessions. The superintendent shall investigate all reports and charges of misconduct on the part of Indian policemen and shall exercise such proper disciplinary measures as may be consistent with existing regulations. No superintendent of any Indian reservation shall assign or detail any member of the Indian police force for duty as janitor or chauffeur or for any duty