[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Pages 8981-8982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4208]



Bureau of Indian Affairs

Tribal Reassumption of Jurisdiction Over Child Custody 

AGENCY: Bureau of Indian Affairs, Interior.

[[Page 8982]]

ACTION: Notice of proposed renewal of information collection.


SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the Bureau of Indian Affairs is seeking to extend 
clearance for an information collection request. The information 
collection, Tribal Reassumption of Jurisdiction over Child Custody 
Proceedings, is cleared under OMB Control Number 1076-0112. Interested 
parties are invited to comment on this collection.

DATES: Written comments must be submitted on or before April 28, 2009.

ADDRESSES: Written comments may be sent to Sue V. Settles, Chief, 
Division of Human Services, Office of Indian Services, Bureau of Indian 
Affairs, Department of the Interior, 1849 C Street, NW., MIB Mail Stop 
4513, Washington, DC 20240, or fax to (202) 208-2648, or e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sue V. Settles, Chief, Division of 
Human Services, at (202) 513-7621.


I. Abstract

    The Department has issued regulations prescribing procedures by 
which an Indian tribe may reassume jurisdiction over Indian child 
proceedings when a state asserts any jurisdiction. Tribes have the 
right to pursue this alternative because this action is authorized by 
the Indian Child Welfare Act, Public Law 95-608, 92 Stat. 3069, 25 
U.S.C. 1918.

II. Request for Comments

    The Bureau of Indian Affairs (BIA) invites comments on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the BIA, including whether the 
information will have practical utility;
    (b) The accuracy of the BIA'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.
    An agency may not conduct or sponsor, and a person is not required 
to respond to collection of information unless it displays a currently 
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 4513 MIB, 
during the hours of 8 a.m. to 4:30 p.m., EST, Monday through Friday, 
except for legal holidays. Please note that all comments received will 
be available for public review 2 weeks after the comment period closes. 
Before including your address, phone number, e-mail address or other 
personally identifiable information, be advised that your entire 
comment--including your personally identifiable information--may be 
made public at any time. While you may request that we withhold your 
personally identifiable information, we cannot guarantee that we will 
be able to do so. 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.

III. Data

    OMB Control Number: 1076-0112.
    Type of review: Extension.
    Title: 25 CFR 13, Tribal Reassumption of Jurisdiction Over Child 
Custody Proceedings.
    Brief Description of Collection: The collection of information will 
ensure that the provisions of Public Law 95-608 are met. Any Indian 
tribe which became subject to State jurisdiction pursuant to the 
provisions of the Act of August 15, 1953 (67 Stat. 588), as amended by 
title IV of the Act of April 11, 1968 (82 Stat. 73, 78), or pursuant to 
any other Federal law, may reassume jurisdiction over child custody 
proceedings. The collection of information provides data that will be 
used in considering the petition and feasibility of the plan of the 
tribe for reassumption of jurisdiction over Indian child custody 
proceedings such as the full name, address, and telephone number of 
petitioning tribe or tribes; a tribal resolution; estimated total 
number of members in the petitioning tribe or tribes with an 
explanation of how the number was estimated; current criteria for 
tribal membership; citation to provision in tribal constitution 
authorizing the tribal governing body to exercise jurisdiction over 
Indian child custody matter; description of tribal court; copy of any 
tribal ordinances or tribal court rules establishing procedures or 
rules for exercise of jurisdiction over child custody matters; and all 
other information required by 25 CFR 13.11.
    Respondents: Federally recognized tribes who submit tribal 
reassumption petitions for review and approval by the Secretary of the 
    Number of Respondents: 2.
    Estimated time per application: 8 hours.
    Frequency of Response: Annually.
    Total Annual Burden Hours: 16 hours.

    Dated: February 19, 2009.
Sanjeev ``Sonny'' Bhagowalia,
Chief Information Officer--Indian Affairs.
[FR Doc. E9-4208 Filed 2-26-09; 8:45 am]