[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33940-33941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16671]


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DEPARTMENT OF THE INTERIOR


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Bureau of Indian Affairs.

ACTION: Notice.

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SUMMARY: The Department of the Interior (Department) announces that an 
information collection request has been submitted to the Office of 
Management and Budget as required by the Paperwork Reduction Act of 
1995. The information collection will be used by tribes to conduct 
background investigations of individuals whose duties and 
responsibilities allow them regular contact with or control over Indian 
children, and to process contracts, grants or compacts for award of 
funds as mandated by the Indian Child Protection and Family Violence 
Prevention Act (Act), Pub. L. 101-630, 25 U.S.C. 3201-3211. The 
Department invites comment on the information collection described 
below.

DATES: Interested persons are invited to submit comments on or before 
August 30, 1996.

FOR FURTHER INFORMATION CONTACT: Contact Bettie Rushing, Office of 
Tribal Services, Bureau of Indian Affairs, Department of the Interior, 
1849 C Street, NW, Room 4629 Main Interior Building, Washington, DC 
20240, or (202) 208-3463.

SUPPLEMENTARY INFORMATION:

1. Information Collection Request

    The Department is seeking comments on the following Information 
Collection Request.
    Type of review: New.
    Title: (1) Background Investigations of Individuals Whose Duties 
and Responsibilities Allow Them Regular Contact With or Control Over 
Indian Children, 25 CFR Sec. 63.15.
    (2) Indian Child Protection and Family Violence Prevention Program 
Awards, 25 CFR Sec. 63.33 and 25 CFR Sec. 63.34.
    Effected Entities: Tribal Governments; Tribal Organizations.
    Abstract: The Bureau of Indian Affairs (BIA) is establishing 
regulations as mandated by the Indian Child Protection and Family 
Violence Prevention Act. The regulations prescribe minimum standards of 
character and suitability for employment of individuals whose duties 
and responsibilities allow them regular contact with or control over 
Indian children as required by Title IV, Section 408 of the Act, 25 
U.S.C. 3207, and establish the method for distribution of funds to 
support tribally operated programs to protect Indian children and 
reduce the incidents of family violence in Indian country as authorized 
by Title IV, Section 411 of the Act, 25 U.S.C. 3210(f)(3).
    The Bureau of Indian Affairs developed the regulations in 
consultation with tribes. A working group of tribal and BIA 
representatives developed a draft of each section that was then 
presented to participants at a national tribal consultation meeting in 
Oklahoma City, Oklahoma, August 31 through September 1, 1994. The 
Notice of Proposed Rulemaking was published in the Federal Register on 
September 1, 1995.
    Background Investigations of Individuals Whose Duties and 
Responsibilities Allow Them Regular Contact With or Control Over Indian 
Children. Indian tribes and tribal organizations receiving funds under 
the authority of the Indian Self-Determination and Education Assistance 
Act or the Tribally Controlled Schools Act of 1988 must conduct a 
background investigation for individuals whose duties and 
responsibilities would allow them regular contact with or control over 
Indian children, and employ only individuals who meet standards of 
character that are no less stringent than those prescribed for the 
Bureau of Indian Affairs. Indian tribes and tribal organizations may 
conduct their own background investigations, contract with private 
firms, or request the Office of Personnel Management to conduct an 
investigation. Third party notification or public disclosure is 
associated with this collection.
    Indian Child Protection and Family Violence Prevention Program 
Awards. The Bureau of Indian Affairs will use the application for 
funding to determine applicant eligibility, scope of service 
population, safeguard Federal funds and other resources, and administer 
and evaluate programs. Tribal governments or tribal organizations 
provide the information by submitting Indian Self-determination and 
Education Assistance Act, Pub. L. 93-638, as amended, 25 U.S.C. 
Sec. 450 et seq., contract, compact, or grant proposals to the Bureau 
of Indian Affairs. No third party notification or public disclosure 
burden is associated with this collection.
    In addition to the Indian Self-Determination and Education 
Assistance Act requirements, each applicant must provide the name and 
address of the agency or official to be responsible for the 
investigation of reported cases of child abuse and child neglect, the 
treatment and prevention of

[[Page 33941]]

incidents of family violence, and the provision of immediate shelter 
and related assistance for victims of family violence and their 
dependents; the projected service population of the program; the 
projected service area of the program; and the projected number of 
cases per month.
    Funds will be distributed, subject to the availability of 
appropriations. In any fiscal year that the appropriation exceeds 50 
percent of the level of funding authorized by the Act, 49 percent must 
be distributed equally to all tribes and tribal organizations and 49 
percent must be distributed on a per capita basis according to the 
population of children residing in the service area. Two percent of the 
annual appropriation will be set aside for distribution to tribes 
demonstrating special circumstances. Special circumstances include but 
are not limited to a high incidence of child sexual abuse, a high 
incidence of violent crimes, a high incidence of violent crimes against 
women, or the existence of a significant victim population within the 
community.
    Any tribe not wishing to receive Indian child protection and family 
violence prevention funds must inform its respective area office in 
writing within 90 days after receiving notice of the allocation from 
the area office. Each area office may reallocate unused Indian child 
protection and family violence prevention program funds as provided in 
this section.
    Burden Statement: Section 63.15 Background Investigations, as 
mandated by statute, require an average 40 hours per employee, with an 
estimated employee base of 10,000, a total burden of 400,000 hours. 
Funding information is to be collected annually from each applicant. It 
is anticipated that the number of third party collection (background 
investigations) will be less in subsequent years.
    Sections 63.33 and 63.34 Funding Applications require an annual 
reporting and record keeping burden of 30 hours for each response for 
554 respondents, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and review collection of information. Thus, the 
total annual reporting and recordkeeping burden for this collection is 
estimated to be 16,620 hours, which is in addition to the background 
investigation burden.

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                 Number of     Third party  Frequency of  Total annual  Burden hours     Annual        Cost to  
 CFR section    respondents    collection     response      responses   per response  burden hours   respondents
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63.15........           554         10,000             1        10,000            40       400,000    $8,000,000
63.33........           554              0             1           554            20        11,080       221,600
63.34........           554              0             1           554            10         5,540       110,800
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    The Bureau of Indian Affairs will not conduct or require tribes and 
tribal organizations to respond to a collection of information until 25 
CFR 63.4, Information Collection, references a currently valid Office 
of Management and Budget control number.

2. Request for Comments

    The Department solicits comments to:
    (a) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility.
    (b) Evaluate the accuracy of the agencies' estimates of burden of 
the proposed collection of information, including the methodology and 
assumptions used.
    (c) Enhance the quality, utility, and clarity of the information to 
be collected.
    (d) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other collection techniques or other forms 
of information technology.
    Tribes, organizations and individuals desiring to submit comments 
on the information collection requirement should direct them to the 
Office of Information and Regulatory Affairs, OMB, Room 10202, New 
Executive Office Building, Washington, D.C. 20503; Attention: Desk 
Officer for the U.S. Department of the Interior.

    Dated: June 17, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16671 Filed 6-28-96; 8:45 am]
BILLING CODE 4310-02-P