[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Notices]
[Pages 7514-7515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3192]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Renewal of Agency Information Collection for Appointed Counsel in 
Involuntary Indian Child Custody Proceedings in State Courts

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 OMB for review and 
renewal. The information collection is currently authorized by OMB 
Control Number 1076-0111, which expires February 28, 2010.

DATES: Written comments must be submitted on or before March 22, 2010.

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) 395-5806, or you may send an e-mail to [email protected]. Please send a copy of your comments to Sue Settles, 
Chief, Division of Human Services, Office of Indian Services, Bureau of 
Indian Affairs, Department of the Interior, 1849 C Street, NW., Mail 
Stop 4513, Washington, DC 20240, facsimile: (202) 208-5113, e-mail 
[email protected].

FOR FURTHER INFORMATION CONTACT: You may request further information or 
obtain copies of the information collection request submission from Sue 
Settles, telephone: (202) 513-7621, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The BIA is seeking renewal of the approval for the information 
collection conducted under 25 CFR 23.13, implementing the Indian Child 
Welfare Act (25 U.S.C. 1901 et seq.). Approval for this collection 
expires February 28, 2010. The information collection allows BIA to 
receive written requests by State courts that appoint counsel for an 
indigent Indian parent or Indian custodian in an involuntary Indian 
child custody proceeding when appointment of counsel is not authorized 
by State law. The cognizant BIA 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. No third party notification or public 
disclosure burden is associated with this collection. The BIA has 
adjusted its estimate of burden hours to account for more than one 
respondent per year and to better define the recordkeeping and 
reporting burdens associated with this collection. BIA published a 
notice in the Federal Register on October 30, 2009 (74 FR 56208) 
requesting public comments on the proposed information collection. The 
comment period ended December 29, 2009. No comments were received.

II. Method of Collection

    The following information is collected from State courts in order 
to allow for 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 
information collected is 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 pre-approved case. This 
information is required for payment of appointed counsel as authorized 
by Public Law 95-608.

III. Data

    OMB Control Number: 1076-0111.
    Title: Payment for Appointed Counsel in Involuntary Indian Child 
Custody Proceedings in State Courts, 25 CFR 23.13.
    Brief Description of Collection: This information is required in 
order for States to receive payment for counsel appointed to indigent 
Indian parents or custodians in involuntary child custody proceedings 
under 25 CFR 23.13. The information is collected to determine applicant 
eligibility for services.
    Type of Review: Extension without change of a currently approved 
collection.
    Respondents: State courts eligible for payment of attorney fees 
pursuant to 25 CFR 23.13.
    Number of Respondents: 4 per year.
    Estimated Time per Response: 2 hours for reporting and 1 hour for 
recordkeeping.
    Frequency of Response: Once, on occasion.
    Total Annual Burden to Respondents: 12 hours ([2 hours reporting x 
4 respondents] + [1 hour recordkeeping + 4 respondents])
    Total Annual Cost to Respondents: $0.

IV. Request for Comments

    The BIA 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 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 conduct, and an 
individual need not respond to, a collection of information unless it 
has a valid OMB Control Number.
    OMB has up to 60 days to make a decision on the submission for 
renewal, but may make the decision after 30 days. Therefore, to receive 
the best consideration of your comments, you should submit them by the 
due date (see DATES).
    It is our policy to make all comments available to the public for 
review at the Office of Indian Services, 1849 C Street, NW., 
Washington, DC during the hours of 9 a.m. to 4 p.m., ET, Monday through 
Friday except for legal holidays. 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.


[[Page 7515]]


    Dated: January 28, 2010.
Alvin Foster,
Chief Information Officer--Indian Affairs.
[FR Doc. 2010-3192 Filed 2-18-10; 8:45 am]
BILLING CODE 4310-4J-P