25 Cfr 13

Bureau of Indian Affairs, Interior

§ 13.1
13.15 Administrative appeals.
13.16 Technical assistance after disapproval.

crime. This is subject to the availability of funds. This authority may be
delegated in writing to supervisory
criminal investigators within the Office of Law Enforcement Services in
the BIA. The Director must develop
policies and procedures for the expenditure, control, and audit of these funds
before their use.

AUTHORITY: 25 U.S.C. 1952.
SOURCE: 44 FR 45095, July 31, 1979, unless
otherwise noted.

Subpart A—Purpose
§ 13.1

§ 12.62 Who decides what uniform an
Indian country law enforcement officer can wear and who pays for it?
Each local law enforcement program
must establish its own uniform requirements for patrol and detention
personnel. Uniformed BIA police officers may be paid an annual uniform allowance not to exceed $400. Local programs may provide uniforms and related equipment to officers in lieu of
this payment. All law enforcement officers must also have their official identification on their person at all times
when performing law enforcement duties. Uniforms, when worn, will be
plainly distinguishable from the uniforms of any non-law enforcement personnel working on the reservation.

Purpose.

(a) The regulations of this part establish the procedures by which an Indian
tribe that occupies a reservation as defined in 25 U.S.C. 1903(10) over which a
state asserts any jurisdiction pursuant
to the provisions of the Act of August
15, 1953 (67 Stat. 588) Pub. L. 83–280, or
pursuant to any other federal law (including any special federal law applicable only to a tribe or tribes in Oklahoma), may reassume jurisdiction over
Indian child custody proceedings as authorized by the Indian Child Welfare
Act, Pub. L. 95–608, 92 Stat. 3069, 25
U.S.C. 1918.
(b) On some reservations there are
disputes concerning whether certain
federal statutes have subjected Indian
child custody proceedings to state jurisdiction or whether any such jurisdiction conferred on a state is exclusive of
tribal jurisdiction. Tribes located on
those reservations may wish to exercise exclusive jurisdiction or other jurisdiction currently exercised by the
state without the necessity of engaging
in protracted litigation. The procedures in this part also permit such
tribes to secure unquestioned exclusive, concurrent or partial jurisdiction
over Indian child custody matters
without relinquishing their claim that
no Federal statute had ever deprived
them of that jurisdiction.
(c) Some tribes may wish to join together in a consortium to establish a
single entity that will exercise jurisdiction over all their members located
on the reservations of tribes participating in the consortium. These regulations also provide a procedure by
which tribes may reassume jurisdiction
through such a consortium.
(d) These regulations also provide for
limited reassumptions including jurisdiction restricted to cases transferred
from state courts under 25 U.S.C.
1911(b) and jurisdiction over limited
geographical areas.

§ 12.63 Do Indian country law enforcement officers perform other duties
as well?
Law enforcement commissions will
only be issued by the Bureau of Indian
Affairs to persons occupying positions
as full-time officers. Bureau of Indian
Affairs funded or commissioned criminal investigators will not be responsible for supervising or managing any
patrol, detention, or other uniformed
police programs.

PART 13—TRIBAL REASSUMPTION
OF JURISDICTION OVER CHILD
CUSTODY PROCEEDINGS
Subpart A—Purpose
Sec.
13.1 Purpose.
13.2 Information collection.

Subpart B—Reassumption
13.11 Contents of reassumption petitions.
13.12 Criteria for approval of reassumption
petitions.
13.13 Technical assistance prior to petitioning.
13.14 Secretarial review procedure.

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§ 13.2

25 CFR Ch. I (4–1–24 Edition)

(e) Unless the petition for reassumption specifically states otherwise,
where a tribe reassumes jurisdiction
over the reservation it occupies, any
land or community occupied by that
tribe which subsequently acquires the
status of reservation as defined in 25
U.S.C. 1903(10) also becomes subject to
tribal jurisdiction over Indian child
custody matters.
§ 13.2

participating tribe must submit a resolution.
(3) The proposed date on which jurisdiction would be reassumed.
(4) Estimated total number of members in the petitioning tribe or tribes,
together with an explanation of how
the number was estimated.
(5) Current criteria for membership
in the tribe or tribes.
(6) Explanation of procedure by
which a participant in an Indian child
custody proceeding may determine
whether a particular individual is a
member of a petitioning tribe.
(7) Citation to provision in tribal
constitution or similar governing document, if any, that authorizes the tribal
governing body to exercise jurisdiction
over Indian child custody matters.
(8) Description of the tribal court as
defined in 25 U.S.C. 1903(12) that has
been or will be established to exercise
jurisdiction over Indian child custody
matters. The description shall include
an organization chart and budget for
the court. The source and amount of
non-tribal funds that will be used to
fund the court shall be identified.
Funds that will become available only
when the tribe reassumes jurisdiction
may be included.
(9) Copy of any tribal ordinances or
tribal court rules establishing procedures or rules for the exercise of jurisdiction over child custody matters.
(10) Description of child and family
support services that will be available
to the tribe or tribes when jurisdiction
reassumed. Such services include any
resource to maintain family stability
or provide support for an Indian child
in the absence of a family—regardless
of whether or not they are the type of
services traditionally employed by social services agencies. The description
shall include not only those resources
of the tribe itself, but also any state or
federal resources that will continue to
be available after reassumption of jurisdiction.
(11) Estimate of the number of child
custody cases expected during a year
together with an explanation of how
the number was estimated.
(12) Copy of any tribal agreements
with states, other tribes or non-Indian
local governments relating to child
custody matters.

Information collection.

The information collection requirement contained in § 13.11 has been approved by the Office of Management
and Budget under 44 U.S.C. 3501 et seq.
and assigned clearance number 1076–
0112. The information is being collected
when federally recognized tribes request reassumption of jurisdiction over
child custody proceedings. The information will be used to determine if reassumption of jurisdiction over Indian
child custody proceedings is feasible.
Response is required to obtain a benefit.
[53 FR 21994, June 13, 1988]

Subpart B—Reassumption
§ 13.11 Contents of reassumption petitions.
(a) Each petition to reassume jurisdiction over Indian child custody proceedings and the accompanying plan
shall contain, where available, the following information in sufficient detail
to permit the Secretary to determine
whether reassumption is feasible:
(1) Full name, address and telephone
number of the petitioning tribe or
tribes.
(2) A resolution by the tribal governing body supporting the petition
and plan. If the territory involved is
occupied by more than one tribe and
jurisdiction is to be reassumed over all
Indians residing in the territory, the
governing body of each tribe involved
must adopt such a resolution. A tribe
that shares territory with another
tribe or tribes may reassume jurisdiction only over its own members without obtaining the consent of the other
tribe or tribes. Where a group of tribes
form a consortium to reassume jurisdiction, the governing body of each

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Bureau of Indian Affairs, Interior

§ 13.14

(b) If the petition is for jurisdiction
other than transferral jurisdiction
under 25 U.S.C. 1911(b), the following
information shall also be included in
the petition and plan:
(1) Citation of the statute or statutes
upon which the state has based its assertion of jurisdiction over Indian child
custody matters.
(2) Clear and definite description of
the territory over which jurisdiction
will be reassumed together with a
statement of the size of the territory in
square miles.
(3) If a statute upon which the state
bases its assertion of jurisdiction is a
surplus land statute, a clear and definite description of the reservation
boundaries that will be reestablished
for purposes of the Indian Child Welfare Act.
(4) Estimated total number of Indian
children residing in the affected territory together with an explanation of
how the number was estimated.

(6) The tribe or tribes have established a procedure for clearly identifying persons who will be subject to the
jurisdiction of the tribe or tribes upon
reassumption of jurisdiction.
(b) If the technical assistance provided by the Bureau to the tribe to correct any deficiency which the Assistant
Secretary—Indian Affairs has identified as a basis for disapproving a petition for reassumption of exclusive jurisdiction has proved unsuccessful in
eliminating entirely such problem, the
Bureau, at the request of the tribe,
shall assist the tribe to assert whatever partial jurisdiction as provided in
25 U.S.C. 1918(b) that is feasible and desired by the tribe. In the alternative,
the Bureau, if requested by the concerned tribe, shall assist the tribe to
enter into agreements with a state or
states regarding the care and custody
of Indian children and jurisdiction over
Indian child custody proceedings, including agreements which may provide
for the orderly transfer of jurisdiction
to the tribe on a case-by-case basis or
agreements which provide for concurrent jurisdiction between the state and
the Indian tribe.

§ 13.12 Criteria for approval of reassumption petitions.
(a) The Assistant Secretary—Indian
Affairs shall approve a tribal petition
to reassume jurisdiction over Indian
child custody matters if:
(1) Any reservation, as defined in 25
U.S.C. 1903(10), presently affected by
the petition is presently occupied by
the petitioning tribe or tribes;
(2) The constitution or other governing document, if any, of the petitioning tribe or tribes authorizes the
tribal governing body or bodies to exercise jurisdiction over Indian child custody matters;
(3) The information and documents
required by § 13.11 of this part have
been provided;
(4) A tribal court, as defined in 25
U.S.C. 1903(12), has been established or
will be established before reassumption
and that tribal court will be able to exercise jurisdiction over Indian child
custody matters in a manner that
meets the requirements of the Indian
Civil Rights Act, 25 U.S.C. 1302;
(5) Child care services sufficient to
meet the needs of most children the
tribal court finds must be removed
from parental custody are available or
will be available at the time of reassumption of jurisdiction; and

§ 13.13 Technical assistance prior to
petitioning.
(a) Upon the request of a tribe desiring to reassume jurisdiction over Indian child custody matters, Bureau
agency and Area Offices shall provide
technical assistance and make available any pertinent documents, records,
maps or reports in the Bureau’s possession to enable the tribe to meet the requirements for Secretarial approval of
the petition.
(b) Upon the request of such a tribe,
to the extent funds are available, the
Bureau may provide funding under the
procedures established under 25 CFR
23.22 to assist the tribe in developing
the tribal court and child care services
that will be needed when jurisdiction is
reassumed.
§ 13.14

Secretarial review procedure.

(a) Upon receipt of the petition, the
Assistant Secretary—Indian Affairs
shall cause to be published in the FEDERAL REGISTER a notice stating that
the petition has been received and is

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§ 13.15

25 CFR Ch. I (4–1–24 Edition)

under review and that it may be inspected and copied at the Bureau agency office that serves the petitioning
tribe or tribes.
(1) No final action shall be taken
until 45 days after the petition has
been received.
(2) Notice that a petition has been
disapproved shall be published in the
FEDERAL REGISTER no later than 75
days after the petition has been received.
(3) Notice that a petition has been
approved shall be published on a date
requested by the petitioning tribe or
within 75 days after the petition has
been received—whichever is later.
(b) Notice of approval shall include a
clear and definite description of the
territory presently subject to the reassumption of jurisdiction and shall
state the date on which the reassumption becomes effective. A copy of the
notice shall immediately be sent to the
petitioning tribe and to the attorney
general, governor and highest court of
the affected State or States.

(c) Reasons for disapproval of a petition shall be sent immediately to the
petitioning tribe or tribes.
(d) When a petition has been disapproved a tribe or tribes may repetition after taking action to overcome
the deficiencies of the first petition.
§ 13.15

Administrative appeals.

The decision of the Assistant Secretary—Indian Affairs may be appealed
under procedures established in 43 CFR
4.350–4.369. 1
§ 13.16 Technical assistance after disapproval.
If a petition is disapproved, the Bureau shall immediately offer technical
assistance to the tribal governing body
for the purpose of overcoming the defect in the petition or plan that resulted in the disapproval.
1 Sections 4.350–4.369 of 43 CFR part 4, were
removed at 46 FR 7335, Jan. 23, 1981.

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