[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Notices]
[Pages 59946-59947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22456]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Tribal Court Budget Data Collection Instrument

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Proposed Information Collection.

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SUMMARY: The Bureau of Indian Affairs is seeking comments on a 
collection of information about tribal courts and Courts of Indian 
Offenses, the caseloads and kinds of cases, the number of personnel 
necessary to meet legal requirements, and the costs of operating tribal 
courts for budget and other purposes. Data of this nature was collected 
under the auspices of tribal representatives of the Judicial Subgroup--
BIA/Tribal Budget Advisory Council. They now desire to associate with 
the Bureau of Indian Affairs (Bureau) for the collection of this data. 
Accordingly, OMB approval and a control number are being requested.

DATES: Submit comments on or before December 6, 2004.

ADDRESSES: Send comments to Ralph Gonzales, Office of Tribal Services, 
Bureau of Indian Affairs, 1951 Constitution Avenue, NW., MS-320-SIB, 
Washington, DC 20240; Telephone (202) 513-7629; Fax (202) 208-5113.

FOR FURTHER INFORMATION CONTACT: You may request further information or 
obtain copies of the proposed information collection request from Ralph 
Gonzales, Office of Tribal Services, Bureau of Indian Affairs, 1951 
Constitution Avenue, NW., MS-320-SIB, Washington, DC 20240; Telephone 
(202) 513-7629; Fax (202) 208-5113.

SUPPLEMENTARY INFORMATION: The data collection instrument will gather 
information about a tribal court's operation relative to its costs, 
number of court personnel employed, adequacy of facilities, tribal 
codes enforced, geographical area of operation, and traditional 
mediation procedures used. The data is gathered under the authority of 
the Indian Tribal Justice Act, Public Law 103-176 (25 U.S.C. 3601) (the 
Act) which provides at Section 101(f):

    ``INFORMATION CLEARINGHOUSE OF TRIBAL JUSTICE SYSTEMS. The 
Office shall maintain an information clearinghouse (which shall 
include an electronic data base) on tribal justice systems and 
Courts of Indian Offenses, including (but not limited to) 
information on staffing, funding, model tribal codes, tribal justice 
activities, and tribal judicial decisions.''

    The data gathered will primarily be used for budgetary purposes. 
The Act further provides at Section 1(2) ``the United States has a 
trust responsibility to each tribal government that includes the 
protection of the sovereignty of each tribal government.'' Section 1(4) 
provides ``Indian tribes possess the inherent authority to establish 
their own form of government, including tribal justice systems.'' The 
Bureau must perform its fiduciary responsibility and assist tribal 
governments in supporting tribal judicial systems by bringing tribal 
courts to par with non-Indian court systems. The data collected under 
this initiative will be a start toward achieving this objective.
    Tribal governments will be given the opportunity to document their 
tribal court's unmet need. The data will be collected electronically to 
reduce the burden upon the tribal government in providing tribal court 
data. Data will be gathered as a part of the Bureau's budget cycle and 
will be collected only once annually.
    The Assistant Secretary--Indian Affairs established a BIA/Tribal 
Budget Advisory Council to provide advice on the development of a 
budget for the Bureau. The Council determined that the tribal courts 
were a priority because of the continued lack of adequate funding. A 
Judicial Subgroup was formed to determine what information was needed 
from the courts to meet all their funding needs. This group derives its 
authority to request the information from Section 101(f) of the Indian 
Tribal Justice Act, Public Law 103-176 (25 U.S.C. 3601). The lack of 
adequate funding has created a critical backlog in caseload for tribal 
courts, causing some cases to be dismissed because the courts cannot 
hear the cases in a timely manner. The consequences of this backlog is 
that justice is not provided in a timely manner, many legitimate cases 
are dismissed, and all sectors of Indian Country, including law abiding 
citizens as well as the law-breakers, get the impression that crime can 
be committed on an Indian reservation with impunity.
    The Subgroup has identified the need for the following information: 
Tribe(s) operating a tribal court system; population covered/serviced; 
geographical area covered by the court; number and kinds of court 
personnel presently and that which is needed to provide adequate 
judicial services; facilities available/needed; kinds and number of 
caseloads; jury and judicial hearings required; evaluation of services 
provided, including personnel; span of civil and criminal control. The 
information will be provided annually to allow time for inclusion in 
the Bureau's budget cycle.

Request for Comments

    The Bureau of Indian Affairs requests your comments on this 
collection concerning:
    (a) The necessity of this information collection 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 (hours and 
cost) of the collection of information, including the validity of the 
methodology and assumptions used;
    (c) Ways we could enhance the quality, utility and clarity of the 
information to be collected; and
    (d) Ways we could minimize the burden of the collection of the 
information on the respondents, such as through the use of automated 
collection techniques or other forms of information technology.
    Please note that an agency may not sponsor or request, and an 
individual need not respond to, a collection of information unless it 
has a valid OMB Control Number.
    It is our policy to make all comments available to the public for 
review at the location listed in the ADDRESSES section, room 320, 
during the hours of 8 a.m. to 5 p.m. (EST), Monday through Friday, 
except for legal holidays. If you wish to have your name and/or address 
withheld, you must state this prominently at the beginning of your 
comments. We will honor your request according to the requirements of 
the

[[Page 59947]]

law. All comments from organizations or representatives will be 
available for review. We may withhold comments from review for other 
reasons.

Information Collection Abstract

    Type of review: New.
    Title: Information Clearinghouse on Tribal Justice Systems.
    OMB Control Number: 1076-NEW.
    Need and use of the information: The information will be gathered 
using a simple questionnaire requiring single entries or by checking 
options provided. The responses will be used to support the 
respondents' request to receive or maintain a benefit, funding for the 
court systems, and specifically, an increase in funding for tribal 
courts as a result of this data collection initiative.
    Description of respondents: An employee of the tribal court, 
usually the court clerk or the court administrator, will enter the data 
required into the form available electronically.
    Number of Annual Responses: 180.
    Estimated Time per Response: 20 minutes.
    Frequency of Response: Annually.
    Total Annual Hourly Burden to Respondents: 60 hours.

    Dated: September 28, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 04-22456 Filed 10-5-04; 8:45 am]
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