[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)] [Notices] [Pages 7470-7472] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-4002] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs, Interior. Proposed Agency Information Collection Activities; Comment Request ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Information Collection Request for the Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, codified at 25 CFR Sec. 23.13, requires renewal. Before submitting a request for reinstatement, without change, of a previously approved collection for which approval has expired, to the Office of Management and Budget (OMB), the Department of the Interior is soliciting public comments on this information collection as required by the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. 3506(c)(2)(A). DATES: Written comments must be submitted on or before April 21, 1997. ADDRESSES: Direct all written comments to Betty Tippeconnie, Bureau of Indian Affairs (Bureau), Department of the Interior, 1849 C Street, NW, MS-4603 MB, Washington, D.C. 20240. All written comments will be available for public inspection in Room 4603 of the Main Interior Building, 1849 C Street, NW, Washington, D.C. from 9:00 a.m. until 3:00 p.m., Monday [[Page 7471]] through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Betty Tippeconnie, Bureau of Indian Affairs, Department of the Interior, 1849 C Street, NW, MS-4603 MB, Washington, D.C. 20240, and 202/208-2721. (This is not a toll-free number). SUPPLEMENTARY INFORMATION: I. Abstract A state court that appoints counsel for an indigent Indian parent or Indian custodian in an involuntary Indian child custody proceeding in a state court for which appointment of counsel is not authorized by state law shall send written notice to the Bureau. The cognizant Bureau Area Director, using this information, can certify if the client in the notice is eligible to have his counsel compensated by the Bureau in accordance with the Indian Child Welfare Act, Public Law 95-608. II. Method of Collection The following information is collected in a notice from state courts in order to certify payment of appointed counsel in involuntary Indian child custody proceedings. The information collected and the reasons for the collection are listed below: ---------------------------------------------------------------------------------------------------------------- Information Collected Reason for Collection ---------------------------------------------------------------------------------------------------------------- (a) Name, address and telephone number of attorney (a) To identify attorney appointed as counsel/and appointed; method of contact; (b) Name and address of client for whom counsel is (b) To identify indigent party in an Indian child appointed; custody proceeding for whom counsel is appointed; (c) Applicant's relationship to child; (c) To determine if the person is eligible for payment of attorney fees as specified in P.L. 95-608; (d) Name of Indian child's tribe; (d) To determine if the child is a member of a federally recognized tribe and is covered by the Indian Child Welfare Act (ICWA); (e) Copy of petition or complaint; (e) To determine if this custody proceeding is covered by the ICWA; (f) Certification by the court that state law does not (f) To determine if other state laws provide for such provide for appointment of counsel in such appointment of counsel and to prevent duplication of proceedings; effort; (g) Certification by the court that the Indian client (g) To determine if the client has resources to pay for is indigent; counsel; (h) The amount of payments due counsel utilizing the (h) To determine if the amount of payment due appointed same procedures used to determine expenses in juvenile counsel is based on state court standards in juvenile delinquency proceedings; delinquency proceedings; (I) Approved vouchers with court certification that the (I) To determine the amount of payment considered amount requested is reasonable considering the work reasonable in accordance with state standards for a and the criteria used for determining fees and particular case. expenses for juvenile delinquency proceedings. ---------------------------------------------------------------------------------------------------------------- Proposed use of the information: The information collected will be used by the respective Bureau Area Director to determine: (a) If an individual Indian involved in an Indian child custody proceeding is eligible for payment of appointed counsel's attorney fees, (b) If any state statutes provide for coverage of attorney fees under these circumstances, (c) The state standards for payment of attorney fees in juvenile delinquency proceedings, (d) The name of the attorney, and his actual voucher certified by the court for the work completed on a preapproved case. This information is required for payment of appointed counsel as authorized by Public Law 95-608. III. Data (1) Title of the Collection of Information: Department of the Interior, Bureau of Indian Affairs, Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts. OMB Number: 1076-0111. Expiration Date: February 28, 1997. Type of Review: Reinstatement of a previously approved information collection for which approval has expired. Affected Entities: State Courts and individual Indians eligible for payment of attorney fees pursuant to 25 CFR 23.13. Estimated number of respondents: 4. Proposed frequency of response: 1. (2) Estimate of total annual reporting and record keeping burden that will result from the collection of this information: 12 hours. Reporting: 2 hours/response x 4 respondents = 8 hours. Recordkeeping: 1 hour/response x 4 respondents = 4 hours. Estimated Total Annual Burden Hours = 12 hours Estimated Annual Costs: $540.00 (12 hours x $45.00 per hour). (3) Description of the need for the information and proposed use of the information: Submission of this information is required in order to receive payment for appointed counsel under 25 CFR 23.13. The information is collected to determine applicant eligibility for services. IV. Request for Comments The Department of the Interior invites comment on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agencies' estimate of the burden (including hours and cost) of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to 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. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. An agency may not conduct or sponsor, and a person is not required to [[Page 7472]] respond to a collection of information unless it displays a currently valid Office of Management and Budget control number. Dated: February 11, 1997. Ada E. Deer, Assistant Secretary, Indian Affairs. [FR Doc. 97-4002 Filed 2-18-97; 8:45 am] BILLING CODE 4310-02-P