[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Pages 43702-43703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18431]



Bureau of Indian Affairs

Renewal of Agency Information Collection for Probate of Indian 

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of request for comments.


SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to submit the 
information collection titled ``Probate of Indian Estates, Except for 
Members of the Osage Nation and the Five Civilized Tribes, 25 CFR 15'' 
to the Office of Management and Budget (OMB) for renewal pursuant to 
the Paperwork Reduction Act. The information collection is currently 
authorized by OMB Control Number 1076-0169, which expires November 30, 
2011. The information collection addresses information that individuals 
and tribes provide to allow administration of the trust estates of 
Indian individuals in accordance with the American Indian Probate 
Reform Act of 2004.

DATES: Interested persons are invited to submit comments on or before 
September 19, 2011.

[[Page 43703]]

ADDRESSES: You may submit comments on the information collection to 
Charlene Toledo, Bureau of Indian Affairs, Director, Special Projects, 
BIA Division of Probate Services, 2600 N Central Ave., STE MS102, 
Phoenix, AZ 85004; e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: You may request further information or 
obtain copies of the information collection request submission from 
Charlene Toledo, Bureau of Indian Affairs, Director, Special Projects. 
Telephone (505) 563-3371.


I. Abstract

    The Secretary of the Interior probates those assets held by 
individuals in trust or restricted status, in accordance with the 
American Indian Probate Reform Act of 2004 (AIPRA) amendments to the 
Indian Land Consolidation Act, 25 U.S.C. 2201 et seq. In order to 
compile the probate file, the Bureau of Indian Affairs (BIA) must 
obtain information regarding the deceased from individuals and the 
tribe. This renewal does not make any adjustments to the estimated 
burden hours or otherwise change the approved information collection.

II. Request for Comments

    The BIA requests that you send your comments on this collection to 
the location listed in the ADDRESSES section. Your comments should 
address: (a) The necessity of the information collection for the proper 
performance of the agencies, including whether the information will 
have practical utility; (b) the accuracy of our 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 
    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. Approval for this collection expires 
November 30, 2011. Response to the information collection is required 
to obtain a benefit.
    It is our policy to make all comments available to the public for 
review at the location listed in the ADDRESSES section during the hours 
of 9 a.m.-5 p.m., Eastern Time, 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.

III. Data

    OMB Control Number: 1076-0169.
    Title: Probate of Indian Estates, Except for Members of the Osage 
Nation and the Five Civilized Tribes, 25 CFR 15.
    Brief Description of Collection: This part contains the procedures 
that the Secretary of the Interior follows to initiate the probate of 
the trust estate of a deceased person for whom the Secretary holds an 
interest as trust or restricted property. The Secretary must perform 
the information collection requests in this part to obtain the 
information necessary to compile an accurate and complete probate file. 
This file will be forwarded to the Office of Hearings and Appeals (OHA) 
for disposition. Responses to these information collection requests are 
required to obtain benefits (e.g., payment of a devise or claim from a 
probated estate) in accordance with the Secretary's sole statutory 
authority to probate estates (see 25 U.S.C. 372).
    Type of Review: Extension without change of a currently approved 
    Respondents: Indians, businesses, and tribal authorities.
    Number of Respondents: 64,915.
    Frequency of Collection: One per respondent each year with the 
exception of tribes that may be required to provide enrollment 
information on an average of approximately 10 times/year.
    Description of Respondents: Indians, businesses, and tribal 
    Estimated Hours per Response: Ranges from 0.5 hour to 45.5 hour 
(see table below).
    Estimated Total Annual Responses: 76,655.
    Estimated Total Annual Burden Hours: 1,037,433.

                                                                       Number of
         New CFR section            Description of info collection  responses  per    Hours per    Total burden
                                             requirement                  yr          response         hours
15.9.............................  File affidavit to self-prove              1,000           0.5             500
                                    will, codicil, or revocation.
15.9.............................  File supporting affidavit to              2,000           0.5           1,000
                                    self-prove will, codicil, or
15.104...........................  Reporting req.-death                      5,850             5          29,250
15.301...........................  Reporting funeral expenses.....           5,850             2          11,700
15.105...........................  Provide probate documents......          21,235          45.5         966,193
15.302...........................  Provide info on creditor claim           35,100           0.5          17,550
                                    (6 per probate).
15.203...........................  Provide tribal information for            5,620             2          11,240
                                    probate file.
    Total........................  ...............................          76,655  ............       1,037,433

    Dated: July 15, 2011.
Alvin Foster
Acting Chief Information Officer--Indian Affairs.
[FR Doc. 2011-18431 Filed 7-20-11; 8:45 am]