[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Pages 64094-64095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24518]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Courts of Indian Offenses--Application Marriage/Dissolution

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed renewal of information collection.

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SUMMARY: As required by the Paperwork Reduction Act of 1995, the Bureau 
of Indian Affairs is seeking comments on the renewal of OMB Control No. 
1076-0094, Law and Order on Indian Reservations. Under subpart F of the 
regulations, 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.

DATES: Submit comments on or before January 3, 2005.

ADDRESSES: Send comments to Ralph Gonzales, Office of Tribal Services, 
Bureau of Indian Affairs, 1951 Constitution Avenue, NW., Mail Stop Room 
320, South Interior Building, Washington, DC 20240; Telephone: 202-513-
7629.

FOR FURTHER INFORMATION CONTACT: You may request further information or 
obtain copies of the proposed information collection request from Ralph 
Gonzales at (202) 513-7629.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Bureau of Indian Affairs, Department of the Interior, must 
collect personal information to carry out the requirements of 25 CFR 
Part 11, sections 11.600(c), Marriage, and 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 reservations 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 for 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,

[[Page 64095]]

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 section 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 section 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 Courts of Indian Offenses.
    Estimated number of respondents: Approximately 260 applications for 
a marriage license or petition for dissolution of marriage will be 
filed in the Courts of Indian Offenses listed at 25 CFR 11.100(a) 
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, supplies and staff 
time required by the Court of Indian Offenses.

IV. 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 assumption 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 
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. The OMB Control Number for this 
collection is 1076-0094.
    It is our policy to make all comments available to the public for 
review at the location listed in the ADDRESSES section, Room 320-SIB, 
during the hours of 8 a.m. to 5 p.m., e.s.t., Monday through Friday, 
excluding 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 law. All comments from organizations or representatives will be 
available for review. We may withhold comments from review for other 
reasons.
    OMB Control Number: 1076-0094.
    Type of Review: Renewal.
    Title: Title 25 CFR 11, Subpart F, Law and Order on Indian 
Reservations.
    Brief Description of Collection: It is mandatory for respondent to 
complete an application, to receive a marriage license or obtain a 
decree of dissolution of marriage.
    Respondents: Persons who reside on land within the jurisdiction of 
a Court of Indian Offenses.
    Number of Respondents: 260.
    Estimated Time per Response: 15 minutes.
    Frequency of Response: On occasion.
    Total Annual Burden to Respondents: 65 hours.
    Total Annual Cost to Respondents: Negligible.

    Dated: October 18, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 04-24518 Filed 11-2-04; 8:45 am]
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