[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73655-73656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30646]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Renewal of Agency Information Collection for Tribal Probate Codes

AGENCIES: Bureau of Indian Affairs, Interior.

ACTION: Notice of submission to OMB.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Bureau of Indian Affairs is submitting to the Office of Management and 
Budget (OMB) a request for renewal for the collection of information 
titled ``Tribal Probate Codes.'' The information collection is 
currently authorized by OMB Control Number 1076-0168, which expires 
November 30, 2011.

DATES: Interested persons are invited to submit comments on or before 
December 29, 2011.

ADDRESSES: You may submit comments on the information collection to the 
Desk Officer for the Department of the Interior at the Office of 
Management and Budget, by facsimile to (202) 395-5806 or you may send 
an email to: [email protected]. Please send a copy of your 
comments to Charlene Toledo, Bureau of Indian Affairs, Director, 
Special Projects, BIA Division of Probate Services, 2600 N Central Ave 
STE MS102, Phoenix, AZ 85004; email: [email protected].

FOR FURTHER INFORMATION CONTACT: Charlene Toledo (505) 563-3371. You 
may review the ICR online at http://www.reginfo.gov. Follow the 
instructions to review Department of the Interior collections under 
review by OMB.

SUPPLEMENTARY INFORMATION:

I. Abstract

    As sovereignties, federally recognized tribes have the right to 
establish their own probate codes. When those probate codes govern the 
descent and distribution of trust or restricted property, they must be 
approved by the Secretary of the Department of the Interior. The 
American Indian Probate Reform Act of 2004 (AIPRA) amendments to the 
Indian Land Consolidation Act, 25 U.S.C. 2201 et seq, provides that any 
tribal probate code, any amendment to a tribal probate

[[Page 73656]]

code, and any free-standing single heir rule are subject to the 
approval of the Secretary if they contain provisions governing trust 
lands. This statute also establishes the basics of review and approval 
of tribal probate codes. This information collection covers tribes' 
submission of tribal probate codes, amendments, and free-standing 
single heir rules containing provisions regarding trust lands to the 
Secretary for approval. We are adjusting the estimated number of 
respondents down to 10, based on the number of submissions received per 
year since AIPRA was passed.

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 
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. 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, email 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: 1076-0168.
    Title: Tribal Probate Codes, 25 CFR 18.
    Brief Description of Collection: Submission of this information is 
required to comply with ILCA, as amended by AIPRA, 25 U.S.C. 2201 et 
seq., which provides that Indian tribes must obtain Secretarial 
approval for all tribal probate codes, amendments, and free-standing 
single heir rules that govern the descent and distribution of trust or 
restricted lands.
    Type of Review: Extension without change of a currently approved 
collection.
    Respondents: Indian tribes.
    Number of Respondents: 10 per year, on average.
    Total Number of Responses: One per respondent, on occasion.
    Estimated Time per Response: One-half hour.
    Estimated Total Annual Burden: 5 hours.

    Dated: November 10, 2011.
Alvin Foster,
Assistant Director for Information Resources.
[FR Doc. 2011-30646 Filed 11-28-11; 8:45 am]
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