[Federal Register Volume 67, Number 31 (Thursday, February 14, 2002)]
[Notices]
[Pages 6941-6942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3673]


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DEPARTMENT OF THE INTERIOR


Office of the Secretary; Proposed Agency Information Collection 
Activities; Comment Request

AGENCY: Office of American Indian Trust, Interior.

ACTION: Notice.

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SUMMARY: This notice announces that the Department of the Interior is 
seeking to renew the information collection request for Evaluation of 
the performance of trust functions performed by tribes under Self-
Governance compacts, OMB Control Number 1076-0146. Under the Paperwork 
Reduction Act, Federal agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
and to allow 60 days for public comment in response to the notice.

DATES: Submit comments on or before April 15, 2002.

ADDRESSES: Send comments to: James I. Pace, Acting Director, Office of 
American Indian Trust, United States Department of the Interior, 1849 C 
Street, NW, Room 2472, Washington, DC 20240; Fax No. (202) 208-7503.

FOR FURTHER INFORMATION CONTACT: James I. Pace, (202) 208-3338.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520) (PRA), Federal agencies must obtain approval from 
the Office of Management and Budget (OMB) for each collection of 
information they conduct or sponsor. It is also a requirement of the 
PRA that agencies provide a 60-day notice in the Federal Register 
concerning each proposed collection of information, including each 
proposed extension of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, the Department of the Interior, Office of American Indian 
Trust, is publishing notice of the proposed collection of information 
listed below.
    The Department of the Interior invites comments by the public on: 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Department, including 
whether the information will have a practical use; the accuracy of the 
Department's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; ways to enhance the quality, usefulness, and clarity of the 
information to be collected; and minimizing the burden of collection on 
those who are to respond.
    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.
    This collection of information will be made to ensure compliance 
with 25 U.S.C. 458cc(d) which requires that the Secretary of the 
Interior monitor the performance of trust functions which have been 
assumed under Self-Governance funding agreements negotiated between the 
Secretary and an Indian tribe/consortia (hereinafter the respondent).
    This information collection addresses those statutory and 
regulatory performance requirements imposed upon the respondent through 
the assumption of a particular trust function, through a formal Self-
Governance agreement pursuant to the Self-Governance Act (Pub. L. 103-
413) which, if not performed properly, may create imminent jeopardy to 
a trust asset. The information will be used by the Department of the 
Interior to determine if there is imminent jeopardy to any asset held 
in trust by the United States for an Indian tribe or individual Indian 
that are being managed by a tribe/consortium on behalf of the United 
States pursuant to a Self-Governance agreement.
    Currently there are 70 respondents. There is no preliminary work 
required of the respondents nor any follow-up work required. There are 
no forms for the respondent to fill out. The annual hour burden is 
calculated by the amount of time that the reviewer spends at each 
program site interviewing the respondents and collecting file 
information. The time required for each information collection is 
determined by the complexity and size of the program and ranges from 4 
person/hours to 80 person/hours. Weighing the size and complexity of 
the 70 current programs, it has been determined that the average hours 
spent for each annual evaluation will be approximately 24 person/hours. 
This number, multiplied by the current number of evaluations, yields a 
total number of 1,680 person/hours per year for the collection of 
information for the purposes described herein.
    The trust evaluation information collection process has four basic 
components:

1. Interview Process

    Entrance Interview: Each trust evaluation commences with an 
entrance interview with tribal leadership and senior management. The 
purpose of this interview is to review generally the programs and 
functions subject to be evaluated and to clarify the specific nature of 
the tribe's responsibilities under its annual funding agreement. If 
specific issues or concerns were raised in the previous evaluation, 
they may be addressed during this interview as well.
    Management Interviews: These interviews are conducted with tribal/
consortia program directors and staff on a program-by-program basis. 
During this process, reviewers collect information pertaining to the 
respondent's compliance with all relevant statutory, regulatory, and 
other legal requirements for the management of the particular trust 
resource or function under review as well as compliance with any 
special terms and conditions contained in the annual funding agreement. 
Depending on information provided, reviewers may make additional 
inquiry with regard to specific programs or functions. Where tribal 
governments have enacted different or additional regulations or 
guidelines for the management of trust functions, compliance with these 
measures will be verified as well. Respondents are also provided the 
opportunity to address issues of concern during this phase of the 
process. Interviewers will also elicit relevant data during this phase 
of the process depending on the nature of the function under review.
    Exit Interviews: The exit interview is designed to provide both the 
respondents and the interviewers the opportunity to clarify any 
outstanding issues or address particular concerns raised during the 
review process.

[[Page 6942]]

    All interviews will be conducted according to a field guide which 
will provide direction to the reviewers in their performance of this 
collection.

2. File Review of Trust Transactions

    This is a mandatory on-site function to verify information obtained 
through the review process and check performance on specific trust 
functions. Files are randomly selected and reviewed to ensure that all 
necessary and proper documents have been completed and filed and to 
ensure that all necessary approvals and/or permits have been secured.

3. On-Site Inspection

    On-site inspections of trust resources are conducted as appropriate 
to the resource in question and may include a visit to facilities 
rather than a visual inspection of particular resources. Typically, on-
site inspections are conducted when specific information is needed to 
complete the review; where there is reason to believe that a problem 
exists; or it is the type of resource or function that warrants 
physical inspection.

4. Evaluation Report

    A report documenting the process used and information obtained 
during the evaluation process is produced by the reviewing staff. A 
first draft is sent to each respondent for comment prior to 
finalization. Where a respondent disagrees with a finding or 
information contained in the report, such comment will be attached to 
the final report. The reports are then signed by the Director of the 
Office of American Indian Trust and the Assistant Secretary--Indian 
Affairs and transmitted to the Chairman of the tribe and its Self-
Governance Coordinator.
    It is a requirement of the Paperwork Reduction Act that each 
respondent to any information collection be notified that an agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a current valid OMB 
control number pursuant to 35 U.S.C. 3506(c)(1)(B)(V); 44 CFR 1320 
8(b)(3)(vii). The valid OMB control number for this information 
collection is 1076-0146.

    Dated: January 25, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-3673 Filed 2-13-02; 8:45 am]
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