[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Notices]
[Pages 11597-11598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5227]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Submission to OMB for Approval of Tribal Self-Governance Program 
Information Collection

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Indian Affairs is submitting a request for an 
extension of an information collection from potential Self-Governance 
Tribes, as required by the Paperwork Reduction Act. The information 
collected under OMB Clearance Number 1076-0143 will be used to 
establish requirements for entry into the pool of qualified applicants 
for self-governance, to provide information for awarding planning and 
negotiation grants, and to meet reporting requirements of the Self-
Governance Act. The Federal Register notice of proposed information 
collection activities was published in the Federal Register on December 
7, 1999 (64 FR 68371-68372).

DATES: Submit comments on or before April 3, 2000.

ADDRESSES: Written comments can be sent to: The Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department 
of the Interior, Docket Library, Room 10102, 725 17th Street NW, 
Washington, DC 20503. A copy should be sent to William Sinclair, Office 
of Self-Governance, 1849 C Street, NW, Mail Stop 2548 MIB, Washington, 
DC 20240.

FOR FURTHER INFORMATION CONTACT: You may obtain copies of the 
information collection request submission and the Federal Register 
notice by contacting William Sinclair, (202) 219-0244.

SUPPLEMENTARY INFORMATION: You are advised that an agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information that does not display a valid OMB clearance 
number. For example, the collection listed by OMB as 1076-0017, and it 
expires 06/30/2002. For the Self-Governance collection of information, 
the response is voluntary, to obtain or retain a benefit, depending 
upon the parts of the program being addressed. The Department received 
three letters from self-governance tribes on the proposed extension of 
the information collection from current and potential self-governance 
tribes. These comments were similar in nature and are summarized below.
    Three comments indicated that the phrase ``certain information'' 
being required by tribes to support their admission into Self-
Governance was unclear and that the Tribal Self-Governance Act of 1994 
(Pub.L. 103-413) is clear as to what information is required. The 
information being requested of new tribes in this extension is no more 
than what is required by Public Law 103-413. To make this clearer, the 
words ``as required by Pub.L. 103-413'' have been inserted following 
the words ``certain information'' in this Federal Register notice.
    There were three comments stating that the reference to ``grants'' 
in the summary section is unclear. To address this, the words 
``planning and negotiation'' have been inserted before the word 
``grants'' in this Federal Register notice.
    There were three comments that addressed the words ``must submit 
certain information'' and contended that Self-Governance tribes are not 
required to submit any information but are willing to do so on a 
voluntary basis. Further, the words ``certain information'' is vague. 
In response to this comment, a change was made in this Federal Register 
notice to replace the word ``must'' with the words ``will be requested 
to'' and following the word ``information'' the following words were 
inserted ``as described in the draft negotiated rules as published for 
public comment in the Federal Register, February 12, 1998. This 
information will be used to* * * .''
    There were three comments that took exception with the sentence 
``Information is also required to ensure that the trust 
responsibilities of the Secretary of the Interior are safeguarded and 
that imminent jeopardy to trust assets is avoided (See section 403(d) 
of the Act.).'' The three comments point out that Pub L. 103-413 
requires trust evaluations to be performed and does not require tribes 
to submit information for the purposes of safeguarding the Secretary's 
trust responsibilities. In response to this comment the sentence 
``Information is also required of tribes to ensure that the trust 
responsibilities of the Secretary of the Interior are safeguarded and 
that imminent jeopardy to trust assets is avoided (section 403(d) of 
the Act.)'' has been deleted in this Federal Register notice. The 
information required of tribes in conjunction with the annual trust 
evaluations has been included in a separate information collection 
request.
    One comment suggested that the BIA should ``cease any further 
activity and allow the negotiated rulemaking committee to complete its 
work * * *'' However, the process requires that an information 
collection request extension be made at this time. All the information 
contained in this information collection request is consistent with the 
agreed to portions of the negotiated rules and is required by the Act 
itself. No change was made in response to this comment. The revised 
text from the proposed information collection follows:
    The Self-Governance program was authorized by the Tribal Self-
Governance Act of 1994, Public Law 103-413, as amended. Tribal Self-
Governance is a voluntary program that is currently active and 
operating without promulgated regulations [see section 407(d) of the 
Act which says that lack of promulgated regulations shall not limit the 
effect of this title]. Previously, an information collection request 
was cleared by the Office of Information and Regulatory Affairs, Office 
of Management and Budget, of the Act. That clearance expires on 
February 29, 2000. Tribes interested in entering into Self-Governance 
must submit certain information as required by Public Law 103-413, as 
amended, to support their admission into Self-Governance. In addition, 
those tribes and tribal consortia who have entered into self-governance 
compacts will be requested to submit certain information as described 
in the draft negotiated rules published for public comment in the 
Federal Register, February 12, 1998 (63 FR 7202-7251). This information 
will be used to justify a budget request submission on their behalf and 
to comport with section 405 of the Act that calls for the Secretary to 
submit an annual report to the Congress.
    You may submit comments about the collection to evaluate the 
following:
    (a) The accuracy of the burden hours, including the validity of the 
methodology used and assumptions made;
    (b) The necessity of the information for proper performance of the 
bureau functions, including its practical utility;

[[Page 11598]]

    (c) The quality, utility, and clarity of the information to be 
collected; and,
    (d) Suggestions to reduce the burden including use of automated, 
electronic, mechanical, or other forms of information technology.
    Please submit your comments to the persons listed in the ADDRESSES 
section. Please note that comments, names and addresses of 
commentators, will be available for public review during regular 
business hours. If you wish your name and address withheld, you must 
state this prominently at the beginning of your comments. We will honor 
your request to the extent allowable by law.
    Type of review: Renewal.
    Title: Tribal Self-Governance Program.
    Affected Entities: Tribes and tribal consortiums wishing to enter 
into a self-governance compact.
    Size of Respondent Pool: 85.
    Number of Annual Responses: 257.
    Hours Per Response: 42 hours.
    Bureau Information Collection Clearance Officer: Ruth Bajema, 202-
208-2574.

    Dated: February 28, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-5227 Filed 3-2-00; 8:45 am]
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