[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