[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Notices]
[Pages 1511-1512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00853]
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DEPARTMENT OF JUSTICE
[OMB Number 1121-NEW]
Agency Information Collection Activities; Proposed Collection
Comments Requested; New collection: Census of Tribal Law Enforcement
Agencies (CTLEA)
AGENCY: Bureau of Justice Statistics, Department of Justice.
ACTION: 60-day notice.
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SUMMARY: The Department of Justice (DOJ), Office of Justice Programs,
Bureau of Justice Statistics, will be submitting the following
information collection request to the Office of Management and Budget
(OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995.
DATES: Comments are encouraged and will be accepted for 60 days until
April 5, 2019.
FOR FURTHER INFORMATION CONTACT: If you have additional comments
especially on the estimated public burden or associated response time,
suggestions, or need a copy of the proposed information collection
instrument with instructions or additional information, please contact
Steven W. Perry, Statistician, Institutional Research & Special
Projects Unit, Bureau of Justice Statistics, 810 Seventh Street NW,
Washington, DC 20531 (email: [email protected]; telephone: 202-
307-0777).
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information are encouraged. Your comments should address one or more of
the following four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the Bureau of Justice
Statistics, including whether the information will have practical
utility;
--Evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Evaluate whether and if so how the quality, utility, and clarity of
the information to be collected can be enhanced; and
--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 technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: New collection.
(2) The Title of the Form/Collection: Census of Tribal Law
Enforcement Agencies (CTLEA).
(3) The agency form number, if any, and the applicable component of
the Department sponsoring the collection: The applicable form number(s)
for this collection is CTLEA-18. The applicable component within the
Department of Justice is the Bureau of Justice Statistics, in the
Office of Justice Programs.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: This information collection is a census of
the 279 tribal law enforcement agencies operating in Indian country and
serving tribal lands. Enacted in 2010, the Tribal Law and Order Act
(TLOA) requires the Bureau of Justice Statistics (BJS) to (1) establish
and implement a tribal data collection system, (2) consult with Indian
tribes to establish and implement this data collection system, and (3)
annually report to Congress the data collected and analyzed in
accordance with the act (Pub. L. 111-211, 124 Stat. 2258, Sec.
251(b)). Indian country includes federally recognized reservations,
tribal communities, and identified trust lands. Criminal jurisdiction
in Indian country varies by type of crime committed, whether the
offender or victim is a tribal member, and the state in which the
offense occurred. This information collection helps fulfill this
mandate and meet the agency's mission.
Abstract: Tribal law enforcement agencies share concurrent
jurisdiction for all criminal matters among tribal members occurring on
tribal lands. They often act as the first responders for serious felony
crimes committed in Indian country, until the appropriate federal and
state law enforcement official arrive upon the scene. Tribal law
enforcement agencies are authorized and operated by tribes to enforce
tribal laws, statutes and criminal codes. Tribal police officers are
responsible for ensuring public safety on reservations, trust lands and
tribal communities. Although tribal law enforcement agencies now number
279, unlike their Federal, State and local counterparts,
[[Page 1512]]
they have been the subject of only limited studies and no comprehensive
recurring statistical collection.
As part of the CTLEA questionnaire development process, during FY
2016 and FY 2017, BJS implemented a comprehensive and culturally
centered strategy to gather input from both federal agencies and tribal
law enforcement agencies on the proposed content for the CTLEA
questionnaire. First, various DOJ policy and grant making components
were invited to provide recommendations on their critical data needs to
improve program planning and resource allocation. Second, BJS hosted a
two day tribal justice expert panel in Phoenix, Arizona that included
participants from the Bureau of Indian Affairs, the FBI's Indian
Country Crimes Unit, tribal law enforcement agencies, and Alaska Native
villages. Third, the CTLEA draft questionnaire content was then
submitted for review by various tribal law enforcement agencies,
including those in both Public Law (Pub. L.) 280 and non-Public Law 280
jurisdictions and BIA agencies.\1\
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\1\ Public Law 83-280, August 15, 1953, codified as 18 U.S.C.
1162, 28 U.S.C. 1360, and 25 U.S.C. 1321-1326). Due to the sovereign
status of federally recognized tribes in the United States, crimes
committed in Indian country are often subject to concurrent
jurisdiction among multiple criminal justice agencies. More than 300
tribes in the United States are under Public Law 83-280
jurisdictions (commonly referred to as Pub. L. 280), which
established a method whereby the federal government could transfer
mandatory jurisdiction over crimes in Indian country to states or
states could acquire optional jurisdiction in whole or in part over
Indian country within their boundaries. Sixteen states have
established either mandatory or optional jurisdictions over crimes
in Indian country.
California, Minnesota (except the Red Lake Reservation),
Nebraska, Oregon (except the Warm Springs Reservation), and
Wisconsin. Ten states have acquired optional jurisdiction over
crimes in Indian country: Arizona, Florida, Idaho, Iowa, Montana,
Nevada, North Dakota, South Dakota, Utah, and Washington. In states
where Public Law 280 does not apply, the federal government retains
criminal jurisdiction for major crimes committed in Indian country.
Federal jurisdiction in Indian country is established under the
Indian Country Crimes Act (18 U.S.C. 1152), the Indian Country Major
Crimes Act (18 U.S.C. 1153), and the Assimilative Crimes Act (18
U.S.C. 13).
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BJS conducted cognitive testing during July--August 2018 of the
CTLEA survey to ensure: (1) Question ordering and item clarity, (2)
availability of data types requested, and (3) verification of the
estimated respondent burden. The full data collection period, which is
anticipated to commence April-August 2019, pending OMB approval.
The CTLEA will collect data on the administrative and operational
characteristics of the tribal law enforcement agencies, with the goal
of producing national statistics on tribal law enforcement agency
staffing; sources of funding; calls for service and arrests; training;
coordination and collaboration with Federal, State and local agencies;
technology use; and, access to regional and national criminal justice
databases. These data will allow BJS to establish baselines for future
trend analyses and comparisons with future surveys of tribal law
enforcement agencies.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: An estimated
279 tribal law enforcement agencies--including tribal operated police
departments (229), conservation/wildlife enforcement agencies (44), and
tribal university or college police (6)--that serve or work on tribal
lands will be asked to take part in the CTLEA. Based on the survey
development and cognitive testing activities, an average of 30 minutes
per respondent is needed to complete the CTLEA-18 form per respondent.
BJS anticipates that nearly all of the approximately 279 respondents
will fully complete the questionnaire.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated public burden associated with
this collection is 174.5 hours. It is estimated that respondents will
take 30 minutes to complete a questionnaire (279 x 30 = 139.5 hours)
and additional verification or validation of responses for about 50% of
the respondents will require 15 minutes (140 x 15 minutes = 35 hours).
The total burden hours for CTLEA respondent data collection:
Table 1--2018 CTLEA Estimated Respondent Burden
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Time to complete Total CTLEA-18
Total number of respondents Time to complete Nonresponse follow- respondent
CTLEA-18 up burden (hours)
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(a) CTLEA universe, N = 279.. 30 minutes ................ 15 minutes
X X
(b) Non-response follow-up N = 279 +............... n = 140 = 174.5
estimated at 50% of CTLEA
universe, n = 140.
139.5 hours 35 hours
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If additional information is required contact: Melody Braswell,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.
Dated: January 30, 2019.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2019-00853 Filed 2-1-19; 8:45 am]
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