For purposes of making appointments to vacancies in all positions in the Bureau of Indian Affairs a preference will be extended to persons of Indian descent who are:

(a) Members of any recognized Indian tribe now under Federal Jurisdiction;

(b) Descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation;

(c) All others of one-half or more Indian blood of tribes indigenous to the United States;

(d) Eskimos and other aboriginal people of Alaska; and

(e) For one (1) year or until the Osage Tribe has formally organized, whichever comes first, effective January 5, 1989, a person of at least one-quarter degree Indian ancestry of the Osage Tribe of Indians, whose rolls were closed by an act of Congress.

[43 FR 2393, Jan. 17, 1978. Redesignated at 47 FR 13327, Mar. 30, 1982, and amended at 54 FR 283, Jan. 5, 1989]

$5.2 Appointment actions.

(a) Preference will be afforded a person meeting any one of the standards of $5.1 whether the appointment involves initial hiring, reinstatement, transfer, reassignment or promotion.

(b) Preference eligibles may be given a Schedule A excepted appointment under Exception Number 213.3112(a)(7). However, if the individuals are within reach on a Civil Service Register, they may be given a competitive appointment.

[43 FR 2393, Jan. 17, 1978. Redesignated at 47 FR 13327, Mar. 30, 1982, and amended at 49 FR 12702, Mar. 30, 1984]

$5.3 Application procedure for preference eligibility.

(a) Proof of eligibility must be submitted with the person's application for a position.

(b) In order for a person to be considered a preference eligible according to the standards of §5.1, they must submit proof of membership, descendancy or degree of Indian ancestry as indicated on rolls or records acceptable to the Secretary.

[43 FR 2393, Jan. 17, 1978. Redesignated at 47 FR 13327, Mar. 30, 1982]

§5.4 Information collection.

The Office of Management and Budget has informed the Department of the Interior that the information collection requirements contained in part 5 need not be reviewed by them under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

[54 FR 283, Jan. 5, 1989]

Subpart A-Application;
Jurisdiction

§11.100 Listing of Courts of Indian Offenses.

(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) Flandreau Santee Sioux Tribe (South Dakota).

(2) Yankton Sioux Tribe (South Dakota).

(3) Shoshone and Arapahoe Tribes of the Wind River Reservation (Wyoming).

(4) Bois Forte Band of the Minnesota Chippewa Tribe (Minnesota).

(5) Red Lake Band of Chippewa Indians (Minnesota).

(6) Cocopah Tribe (Arizona).

(7) Kaibab Band of Paiute Indians (Arizona).

(8) Paiute Shoshone Tribe of the Fallon Reservation and Colony (Nevada).

(9) Confederated Tribes of the Goshute Reservation (Nevada).

(10) Lovelock Paiute Tribe (Nevada). (11) Te-Moak Band of Western Shoshone Indians (Nevada).

(12) Yomba Shoshone Tribe (Nevada). (13) Duckwater Shoshone Tribe (Nevada).

(14) Kootenai Tribe (Idaho).

(15) Shoalwater Bay Tribe (Washington).

(16) Eastern Band of Cherokee Indians (North Carolina).

(17) Mississippi Band of Choctaw Indians (Mississippi).

(18) For the following tribes located in the former Oklahoma Territory (Oklahoma):

Absentee Shawnee Tribe of Indians of Oklahoma

Apache Tribe of Oklahoma
Caddo Tribe of Oklahoma

Cheyenne-Arapaho Tribes of Oklahoma Citizen Band of Potawatomi Indians of Oklahoma

Comanche Tribe of Oklahoma (except Comanche Children's Court)

Delaware Tribe of Western Oklahoma
Fort Sill Apache Tribe of Oklahoma

Kaw Tribe of Oklahoma

Iowa Tribe of Oklahoma

Kickapoo Tribe of Oklahoma

Kiowa Tribe of Oklahoma

Otoe-Missouria Tribe of Oklahoma

Pawnee Tribe of Oklahoma

Tonkawa Tribe of Oklahoma

Wichita and Affiliated Tribes of Oklahoma

(19) Hoopa Valley Tribe, Yurok Tribe, and Coast Indian Community of California (California) (Jurisdiction limited to special fishing regulations).

(20) 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).

(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 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 §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 § 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. 11521153.

(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.

person) that is made a criminal offense under this part and that occurred within the Indian country subject to the court's jurisdiction.

(b) No person shall be prosecuted, tried or punished for any offense unless the complaint is filed within five years after such offense shall have been committed.

§ 11.103 Civil jurisdiction; limitation of actions.

(a) Except as otherwise provided in this title, each Court of Indian Offenses shall have jurisdiction over any civil action arising within the territorial jurisdiction of the court in which the defendant is an Indian, and of all other suits between Indians and non-Indians which are brought before the court by stipulation of the parties.

(b) Any civil action commenced in a Court of Indian Offenses shall be barred unless the complaint is filed within three years after the right of action first accrues.

§11.104 Jurisdictional limitations.

(a) No Court of Indian Offenses may exercise any jurisdiction over a Fedel or state official that it could not exercise if it were a tribal court.

(b) Unless otherwise provided by a resolution or ordinance of the tribal governing body of the tribe occupying the Indian country over which a Court of Indian country over which a Court of Indian Offenses has jurisdiction, no Court of Indian Offenses may adjudicate an election dispute or take jurisdiction over a suit against the tribe or adjudicate any internal tribal government dispute.

(c) The decision of the BIA on who is a tribal official is binding in a Court of Indian Offenses.

(d) The Department of the Interior will accord the same weight to decisions of a Court of Indian Offenses that it accords to decisions of a tribal court. (e) A tribe may not be sued in a Court of Indian Offenses unless its tribal governing body explicitly waives its tribal immunity by tribal resolution or ordinance.

Subpart B-Courts of Indian Offenses; Personnel; Administration

§11.200 Composition of court.

(a) Each court shall be composed of a trial division and an appellate division. (b) A chief magistrate will be appointed for each court who will, in addition to other judicial duties, be responsible for the administration of the court and the supervision of all court personnel.

(c) Appeals shall be heard by a panel of three magistrates who were not involved in the trial of the case.

(d) Decisions of the appellate division are final and are not subject to administrative appeals within the Department of the Interior.

§11.201 Appointment of magistrates.

(a) Each magistrate shall be appointed by the Assistant Secretary— Indian Affairs or his or her designee subject to confirmation by a majority vote of the tribal governing body of the tribe occupying the Indian country over which the court has jurisdiction, or, in the case of multi-tribal courts, confirmation by a majority of the tribal governing bodies of the tribes under the jurisdiction of a Court of Indian Offenses.

(b) Each magistrate shall hold office for a period of four years, unless sooner removed for cause or by reason of the abolition of the office, but is eligible for reappointment.

(c) No person is eligible to serve as a magistrate of a Court of Indian Offenses who has ever been convicted of a felony or, within one year of the date of service or application, of a misdemeanor.

(d) No magistrate shall be qualified to act as such wherein he or she has any direct conflicting interest, real or apparent.

(e) A tribal governing body may set forth such other qualifications for magistrates of the Court of Indian Offenses as it deems appropriate, subject to the approval of the Assistant Secretary-Indian Affairs, or his or her designee.