[Federal Register Volume 67, Number 15 (Wednesday, January 23, 2002)]
[Notices]
[Pages 3227-3228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1623]


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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 of emergency clearance and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the Office of Management and Budget approved an 
information collection request for emergency clearance under 5 CFR 
1320.13. This information collection request is cleared under OMB 
Control Number 1076-0094 through April 30, 2002. Basic information is 
requested of applicants for the issuance of a marriage license or for 
the dissolution of a marriage by a Court of Indian Offenses under 25 
CFR 11. The Bureau of Indian Affairs is now seeking comments from 
interested parties to renew the clearance.

DATES: Written comments must be submitted by March 25, 2002.

ADDRESSES: Written comments are to be mailed or hand delivered to Ralph 
Gonzales, Office of Tribal Services, Bureau of Indian Affairs, 1849 C 
Street, NW., MS 4660-MIB, Washington, DC 20240 or e-mailed to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ralph Gonzales, Bureau of Indian 
Affairs at (202) 208-4401 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Bureau of Indian Affairs, Department of the Interior, must 
collect personal information to carry out the requirements of Title 25, 
section 11.600(c)--Marriage, and Title 25, Section 11.606 (c)--
Dissolution of Marriage. Information is collected by the Clerk of the 
Court of Indian Offenses in order for the Court to issue a marriage 
license or dissolve a marriage. The information is collected on a one-
page application requesting only basic information necessary for the 
Court to properly dispose of the matter.

II. Method of Collection

    The information is collected on a one-page application for the 
marriage license or for a dissolution of marriage.

III. Information Collected

    Courts of Indian Offenses (CFR Courts) have been established on 
certain Indian reservation under the authority vested in the Secretary 
of the Interior by 5 U.S.C. 301, 25 U.S.C. 2 and 9, and 25 U.S.C. 13, 
which authorizes appropriations for ``Indian judges.'' See Tillett v. 
Hodel, 730 F.Supp. 381 (W.D. Okla. 1990), aff'd 931 F.2d 636 (10th Cir. 
1991) United States v. Clapox, 13 Sawy. 349, 35 F. 575 (D.Ore. 1888). 
The CFR Courts provide adequate machinery for the administration of 
justice for Indian tribes in those areas where tribes retain 
jurisdiction over Indians and is exclusive of state jurisdiction but 
where tribal courts have not been established to exercise that 
jurisdiction. Accordingly, CFR Courts exercise jurisdiction under part 
11 of Title 25 of the Code of Federal Regulations. Domestic relations 
are governed by 25 CFR 11.600 which authorizes the CFR Court to conduct 
marriages and dissolve marriages. In order to be married in a CFR 
Court, a marriage license must be obtained (25 CFR 11.600, 601). To 
comply with this requirement, an applicant must respond to the 
following six questions found at 25 CFR 11.600(c):
    (c) A marriage license application shall include the following 
information:
    (1) Name, sex, occupation, address, social security number, and 
date and place of birth of each party to the proposed marriage;
    (2) If either party was previously married, his or her name, and 
the date, place, and court in which the marriage was dissolved or 
declared invalid or the date and place of death of the former spouse;
    (3) Name and address of the parents or guardian of each party;
    (4) Whether the parties are related to each other and, if so, their 
relationship;
    (5) The name and date of birth of any child of which both parties 
are parents, born before the making of the application, unless their 
parental rights and the parent and child relationship with respect to 
the child have been terminated; and
    (6) A certificate of the results of any medical examination 
required by either applicable tribal ordinances, or the laws of the 
State in which the Indian country under the jurisdiction of the Court 
of Indian Offenses is located.
    For the purposes of Sec. 11.600, Marriage, Social Security number 
information is requested to confirm identity. Previous marriage 
information is requested to avoid multiple simultaneous marriages, and 
to ensure that any pre-existing legal relationships are dissolved. 
Information on consanguinity is requested to avoid conflict with state 
or tribal laws against marriages between parties who are related by 
blood as defined in such laws. Medical examination information may be 
requested if required under the laws of the state in which the Court of 
Indian Offenses is located.
    To comply with the requirement for dissolution of marriage, an 
applicant must respond to the following six questions found at 25 CFR 
11.606(c):
    (1) The age, occupation, and length of residence within the Indian 
country under the jurisdiction of the court of each party;
    (2) The date of the marriage and the place at which it was 
registered;
    (3) That jurisdictional requirements are met and that the marriage 
is irretrievably broken in that either (i) the parties have lived 
separate and apart for a period of more than 180 days next preceding 
the commencement of the proceeding or (ii) there is a serious marital 
discord adversely affecting the attitude of one or both of the parties 
toward the marriage, and there is no reasonable prospect of 
reconciliation;
    (4) The names, age, and addresses of all living children of the 
marriage and whether the wife is pregnant;
    (5) Any arrangement as to support, custody, and visitation of the 
children and maintenance of a spouse; and
    (6) The relief sought.
    For the purposes of Sec. 11.606, Dissolution proceedings, 
information on occupation and residency is necessary to establish court 
jurisdiction. Information on the status of the parties, whether they 
have lived apart 180 days or if there is serious marital discord 
warranting dissolution, is necessary for the court to determine if 
dissolution is proper. Information on the children of the marriage, 
their ages and whether the wife is pregnant is necessary for the court 
to determine the appropriate level of support that may be required from 
the non-custodial parent.
    Description of the need for the information and proposed use of the 
information: The information is submitted in order to obtain or retain 
a benefit, namely, the issuance of a marriage license or a decree of 
dissolution of marriage from the Court of Indian Offenses.
    Affected entities: Indian applicants that are under the 
jurisdiction of one of the 24 established Courts of Indian Offenses are 
entitled to receive the benefit of this action by the Court.
    Estimated number of respondents: Approximately 260 applications for 
a marriage license or petition for dissolution of marriage will be 
filed in the 24 Courts of Indian Offenses annually.
    Proposed frequency of responses: On occasion as needed.
    Burden: The average burden of submitting a marriage license or 
petition for dissolution of marriage is 15 minutes per application. The 
total annual burden is estimated as 65 hours.
    Estimated cost: There are no costs to consider, except estimated 
costs of $100 per court annually, for the material

[[Page 3228]]

supplies and staff time required by the Court of Indian Offenses.

IV. Request for Comments

    The Department of the Interior invites comments 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 
the hours and cost) of the proposed collection of information, 
including the validity of the methodology and assumption 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 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.
    All written comments will be available for public inspection in 
Room 4660 of the Main Interior Building, 1849 C Street, NW, Washington, 
DC from 9 a.m. until 3 p.m., Monday through Friday, excluding legal 
holidays.
    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.
    This notice is published under the authority delegated by the 
Secretary of the Interior to the Assistant Secretary--Indian Affairs by 
209 Departmental Manual 8.1.

    Dated: January 9, 2002.
Neal A. McCaleb,
Assistant Secretary, Indian Affairs.
[FR Doc. 02-1623 Filed 1-22-02; 8:45 am]
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