[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Pages 35829-35830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17383]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Information Collection Submitted to the Office of Management and 
Budget for Review Under the Paperwork Reduction Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the Bureau of Indian Affairs (BIA) 
has submitted the proposed renewal of the information collection for 
Payment for Appointed Counsel in Involuntary Indian Child Custody 
Proceedings in State Courts, codified at 25 CFR Part 23.13, to the 
Office of Management and Budget (OMB) for approval under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.). On February 19, 1997, BIA 
published a notice in the Federal Register (62 FR 7470) requesting 
public comments on the proposed information collection. The comment 
period ended on April 21, 1997. BIA received no comments from the 
public in response to the notice.

FOR FURTHER INFORMATION CONTACT: Copies of the proposed information 
collection and explanatory materials may be obtained by contacting 
Larry Blair, Bureau of Indian Affairs (Bureau), Department of the 
Interior, 1849 C Street, NW, MS-4603 MIB, Washington, D.C. 20240, (202) 
208-2721.

DATES: OMB is required to respond to this request within 60 days of 
publication of this notice on or before September 2, 1997 but may 
respond after 30 days. For maximum consideration, your comments should 
be submitted by August 1, 1997.

ADDRESSES: Your comments and suggestions on the requirements should be 
made directly to the Office of Management and Budget, Interior 
Department Desk Officer (1076-0111), Office of Information and 
Regulatory Affairs, Washington, D.C. 20503, (202) 395-7340. Please 
provide a copy of your comments to Larry Blair, Bureau of Indian 
Affairs, Office of Tribal Services, 1849 C St., NW, MS-4603 MIB, 
Washington, D.C. 20240, (202) 208-2721.

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   (a) To identify attorney       
 of attorney appointed;.                  appointed as counsel/and      
                                          method of contact;            
(b) Name and address of client for whom  (b) To identify indigent party 
 counsel is appointed;.                   in an Indian child 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 
                                          Public Law 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      (f) To determine if other state
 state law does not provide for           laws provide for such         
 appointment of counsel in such           appointment of counsel and to 
 proceedings;.                            prevent duplication of effort;
(g) Certification by the court that the  (g) To determine if the client 
 Indian client is indigent;.              has resources to pay for      
                                          counsel;                      
(h) The amount of payments due counsel   (h) To determine if the amount 
 utilizing the same procedures used to    of payment due appointed      
 determine expenses in juvenile           counsel is based on state     
 delinquency proceedings;.                court standards in juvenile   
                                          delinquency proceedings;      
(i) Approved vouchers with court         (I) To determine the amount of 
 certification that the amount            payment considered reasonable 
 requested is reasonable considering      in accordance with state      
 the work and the criteria used for       standards for a particular    
 determining fees and expenses for        case.                         
 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,

[[Page 35830]]

(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. Request for Comments

    We specifically request your comments on the following:
    1. Whether the collection of information is necessary for the 
proper performance of the functions of the BIA, including whether the 
information will have practical utility;
    2. The accuracy of the Bureau's estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    3. The quality, utility and clarity of the information to be 
collected; and
    4. How to minimize the burden of the information collection on 
those who are to respond, including the use of appropriate automated 
electronic, mechanical or other forms of information technology.

IV. Data

    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.
    Affected Entities: State Courts and individual Indians eligible for 
payment of attorney fees pursuant to 25 CFR 23.13.
    Frequency of response: Once.
    Estimated number of annual responses: 4.
    Estimated annual reporting and record keeping burden that will 
result from the 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.

    Dated: June 23, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-17383 Filed 7-1-97; 8:45 am]
BILLING CODE 4310-02-U