[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41452-41453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19634]


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DEPARTMENT OF THE INTERIOR

Office of the Special Trustee for American Indians


Notice of Proposed Renewal of Information Collection

AGENCY: Office of the Special Trustee for American Indians, Interior.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995, the Office of the Special Trustee for American 
Indians, Department of the Interior, announces that it has submitted a 
request for proposed extension of an information collection to the 
Office of Management and Budget and requests public comments on this 
submission.

DATES: OMB has up to 60 days to approve or disapprove the information 
collection request, but may respond after 30 days; therefore, public 
comments should be submitted to OMB by September 16, 2009, in order to 
be assured of consideration.

FOR FURTHER INFORMATION CONTACT: Send your written comments by 
facsimile to (202) 395-5806 or e-mail ([email protected]) to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Department of the Interior Desk Officer (1035-0003). 
Also, please send a copy of your comments to Linda S. Thomas, Office of 
the Secretary Information Collection Clearance Officer, U.S. Department 
of the Interior, MS 116-SIB, 1951 Constitution Avenue, NW., Washington, 
DC 20240, or send an e-mail to [email protected]. Additionally, you 
may fax them to her at (202) 219-2374. Individuals providing comments 
should reference OMB control number 1035-0003, ``Application to 
Withdraw Tribal Funds from Trust Status, 25 CFR 1200.''

FOR FURTHER INFORMATION CONTACT: To request more information on this 
information collection or to obtain a

[[Page 41453]]

copy of the collection instrument, please write to Frank Perniciaro, 
Office of the Special Trustee, Office of External Affairs, 4400 
Masthead St., NE., Room 323, Albuquerque, NM 87109. You may also 
request e-mail him at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Office of Management and Budget (OMB) regulations at 5 CFR 1320, 
which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-13), 
require that interested members of the public and affected parties have 
an opportunity to comment on information collection and recordkeeping 
activities (see 5 CFR 1320.8(d). This notice identifies an information 
collection activity that the Office of the Special Trustee for American 
Indians has submitted to OMB for renewal.
    Public Law 103-412, The American Indian Trust Fund Management 
Reform Act of 1994, allows Indian tribes on a voluntary basis to take 
their funds out of trust status within the Department of the Interior 
(and the Federal Government) in order to manage such funds on their 
own. 25 CFR Part 1200, subpart B, Sec.  1200.13, ``How does a tribe 
apply to withdraw funds?'' describes the requirements for application 
for withdrawal. The Act covers all tribal trust funds including 
judgment funds as well as some settlements funds, but excludes funds 
held in Individual Indian Money accounts. Both the Act and the 
regulations state that upon withdrawal of the funds, the Department of 
the Interior (and the Federal Government) have no further liability for 
such funds. Accompanying their application for withdrawal of trust 
funds, tribes are required to submit a Management Plan for managing the 
funds being withdrawn, to protect the funds once they are out of trust 
status.
    This information collection allows the Office of the Special 
Trustee to collect the tribes' applications for withdrawal of funds 
held in trust by the Department of the Interior. If this information 
were not collected, the Office of the Special Trustee would not be able 
to comply with the American Indian Trust Fund Management Reform Act of 
1994, and tribes would not be able to withdraw funds held for them in 
trust by the Department of the Interior.

II. Data

    (1) Title: Application to Withdraw Tribal Funds from Trust Status, 
25 CFR Part 1200.
    OMB Control Number: 1035-0003.
    Current Expiration Data: August 31, 2009.
    Type of Review: Information Collection Renewal.
    Affected Entities: State, Local and Tribal Government.
    Estimated annual number of respondents: 2.
    Frequent of response: Once per respondent.
    (2) Annual reporting and record keeping burden:
    Total annual reporting per respondent: 400 hours.
    Total annual reporting: 800 hours.
    (3) Description of the need and use of the information: The 
statutorily-required information is needed to provide a vehicle for 
tribes to withdraw funds from accounts held in trust for them by the 
United States Government.
    (4) As required under 5 CFR 1320.8(d), a Federal Register notice 
soliciting comments on the information collection was published on May 
20, 2009 (74 FR 23738). No comments were received. This notice provides 
the public with an additional 30 days in which to comment on the 
proposed information collection activity.

III. Request for Comments

    The Department of the Interior invites comments 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 of the 
collection and 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 techniques.
    ``Burden'' means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose or provide 
information to or for 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.
    All written comments, with names and addresses, will be available 
for public inspection. If you wish us to withhold your personal 
information, you must prominently state at the beginning of your 
comment what personal information you want us to withhold. We will 
honor your request to the extent allowable by law. If you wish to view 
any comments received, you may do so by scheduling an appointment with 
the Office of the Special Trustee by calling (505) 816-1173.
    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: August 10, 2009.
Donna Erwin,
Acting Special Trustee, Office of the Special Trustee for American 
Indians.
[FR Doc. E9-19634 Filed 8-14-09; 8:45 am]
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