[Federal Register Volume 68, Number 201 (Friday, October 17, 2003)]
[Notices]
[Pages 59812-59813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26288]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Submission of Information Collection to the Office of Management 
and Budget (OMB) for Review Under the Paperwork Reduction Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: As required by the Paperwork Reduction Act of 1995, 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 the Office of 
Management and Budget for review and renewal. This information 
collection is cleared under OMB Control Number 1076-0111.

DATES: Written comments must be submitted on or before November 17, 
2003.

ADDRESSES: Comments should be submitted to the Desk Officer for the 
Department of the Interior, Office of Management and Budget, either by 
facsimile at (202) 395-6566 or you may send an e-mail to: [email protected]
    Please send a copy of your comments to Larry Blair, Office of 
Tribal Services, Bureau of Indian Affairs, 1951 Constitution Avenue, 
NW., MS-320-SIB, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Larry Blair (202) 513-7621.

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 June 9, 2003, the Department of the Interior published a notice 
in the Federal Register (68 FR 34413) requesting public comments on the 
proposed information collection. The comment period ended August 8, 
2003. No comments were received.

II. Method of Collection

    The following information is collected from State courts in order 
to certify

[[Page 59813]]

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 reasons for 
the collection are listed in the following table:

------------------------------------------------------------------------
       Information collected                Reason for collection
------------------------------------------------------------------------
(a) Name, address and telephone      (a) To identify attorney appointed
 number of attorney appointed.        as counsel and method of contact.
(b) Name and address of client for   (b) To identify indigent party in
 whom counsel is appointed.           an Indian child custody proceeding
                                      for whom counsel is appointed.
(c) Applicant's relationship to      (c) To determine if the person is
 child.                               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
 appointment of counsel in such       of counsel and to prevent
 proceedings.                         duplication of effort.
(g) Certification by the court that  (g) To determine if the client has
 the Indian client is indigent.       resources to pay for counsel.
(h) The amount of payments due       (h) To determine if the amount of
 counsel utilizing the same           payment due appointed counsel is
 procedures used to determine         based on State court standards in
 expenses in juvenile delinquency     juvenile delinquency proceedings.
 proceedings.
(i) Approved vouchers with court     (i) To determine the amount of
 certification that the amount        payment considered reasonable in
 requested is reasonable              accordance with State standards
 considering the work and the         for a particular case.
 criteria used for determining fees
 and expenses for 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: The Department of the 
Interior, Bureau of Indian Affairs, Payment for Appointed Counsel in 
Involuntary Indian Child Custody Proceedings in State Courts, 25 CFR 
23.13.
    OMB Control Number: 1076-0111.
    Type of Review: Extension of a currently-approved collection.
    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 agency's 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, disclose or provide 
information to 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: September 3, 2003.
Aurene M. Martin,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 03-26288 Filed 10-16-03; 8:45 am]
BILLING CODE 4310-4J-P