[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Pages 52124-52125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21928]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice announces that the Information Collection Request 
for the Payment for Appointed Counsel in Involuntary Indian Child 
Custody Proceedings in State Courts has been submitted to OMB for 
review and renewal.

DATES: Written comments must be submitted on or before September 27, 
2000.

ADDRESSES: Written comments may be directed to the Desk Officer for the 
Department of the Interior at: Office of Information and Regulation, 
Office of Management and Budget, Docket Library, Room 10102 725 17th 
Street, NW, Washington, DC 20503. A copy of all written comments should 
be sent to Chester J. Eagleman, Sr., Bureau of Indian Affairs (Bureau), 
Department of the Interior, 1849 C Street, NW, Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Chester J. Eagleman, Sr., 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 may send written notice to the Bureau of Indian 
Affairs (Bureau) when appointment of counsel is not authorized by State 
law. The cognizant Bureau Regional Director uses this information to 
decide whether to certify that 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.
    On May 16, 2000, the Department of the Interior published a notice 
in the Federal Register (65 FR 31186) requesting public comments on the 
proposed information collection. The comment period ended July 17, 
2000. No comments were received.

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 collection is 
submitted to obtain or retain a benefit; i.e., payment for appointed 
counsel: the reason for the collection are listed in the following 
table:

------------------------------------------------------------------------
         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 Regional 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; and,
    (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: August 31, 2000.
    Type of Review: Extension of a currently approved collection.

[[Page 52125]]

    Affected Entities: State courts and individual Indians eligible for 
payment of attorney fees pursuant to 25 CFR 23.13 in order to obtain a 
benefit.
    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 per response  x  4 respondents = 8 hours.
    Recordkeeping: 1 hour per 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.
    The comments, names and addresses of commenters will be available 
for public view during regular business hours. If you wish us to 
withhold this information, you must state this prominently at the 
beginning of your comment. We will honor your request to the extent 
allowable by law.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid Office of Management and Budget control number.

    Dated: August 9, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-21928 Filed 8-25-00; 8:45 am]
BILLING CODE 4310-02-P