[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Pages 35829-35830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17383]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Information Collection Submitted to the Office of Management and
Budget for Review Under the Paperwork Reduction Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Bureau of Indian Affairs (BIA)
has submitted the proposed renewal of the information collection for
Payment for Appointed Counsel in Involuntary Indian Child Custody
Proceedings in State Courts, codified at 25 CFR Part 23.13, to the
Office of Management and Budget (OMB) for approval under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). On February 19, 1997, BIA
published a notice in the Federal Register (62 FR 7470) requesting
public comments on the proposed information collection. The comment
period ended on April 21, 1997. BIA received no comments from the
public in response to the notice.
FOR FURTHER INFORMATION CONTACT: Copies of the proposed information
collection and explanatory materials may be obtained by contacting
Larry Blair, Bureau of Indian Affairs (Bureau), Department of the
Interior, 1849 C Street, NW, MS-4603 MIB, Washington, D.C. 20240, (202)
208-2721.
DATES: OMB is required to respond to this request within 60 days of
publication of this notice on or before September 2, 1997 but may
respond after 30 days. For maximum consideration, your comments should
be submitted by August 1, 1997.
ADDRESSES: Your comments and suggestions on the requirements should be
made directly to the Office of Management and Budget, Interior
Department Desk Officer (1076-0111), Office of Information and
Regulatory Affairs, Washington, D.C. 20503, (202) 395-7340. Please
provide a copy of your comments to Larry Blair, Bureau of Indian
Affairs, Office of Tribal Services, 1849 C St., NW, MS-4603 MIB,
Washington, D.C. 20240, (202) 208-2721.
SUPPLEMENTARY INFORMATION:
I. Abstract
A state court that appoints counsel for an indigent Indian parent
or Indian custodian in an involuntary Indian child custody proceeding
in a state court for which appointment of counsel is not authorized by
state law shall send written notice to the Bureau. The cognizant Bureau
Area Director, using this information, can certify if the client in the
notice is eligible to have his counsel compensated by the Bureau in
accordance with the Indian Child Welfare Act, Public Law 95-608.
II. Method of Collection
The following information is collected in a notice from state
courts in order to certify payment of appointed counsel in involuntary
Indian child custody proceedings. The information collected and the
reasons for the collection are listed below:
------------------------------------------------------------------------
Information collected Reason for collection
------------------------------------------------------------------------
(a) Name, address and telephone number (a) To identify attorney
of attorney appointed;. appointed as counsel/and
method of contact;
(b) Name and address of client for whom (b) To identify indigent party
counsel is appointed;. in an Indian child custody
proceeding for whom counsel is
appointed;
(c) Applicant's relationship to child;. (c) To determine if the person
is eligible for payment of
attorney fees as specified in
Public Law 95-608;
(d) Name of Indian child's tribe....... (d) To determine if the child
is a member of a federally
recognized tribe and is
covered by the Indian Child
Welfare Act (ICWA);
(e) Copy of petition or complaint...... (e) To determine if this
custody proceeding is covered
by the ICWA;
(f) Certification by the court that (f) To determine if other state
state law does not provide for laws provide for such
appointment of counsel in such appointment of counsel and to
proceedings;. prevent duplication of effort;
(g) Certification by the court that the (g) To determine if the client
Indian client is indigent;. has resources to pay for
counsel;
(h) The amount of payments due counsel (h) To determine if the amount
utilizing the same procedures used to of payment due appointed
determine expenses in juvenile counsel is based on state
delinquency proceedings;. court standards in juvenile
delinquency proceedings;
(i) Approved vouchers with court (I) To determine the amount of
certification that the amount payment considered reasonable
requested is reasonable considering in accordance with state
the work and the criteria used for standards for a particular
determining fees and expenses for case.
juvenile delinquency proceedings.
------------------------------------------------------------------------
Proposed use of the information: The information collected will be
used by the respective Bureau Area 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,
[[Page 35830]]
(c) The state standards for payment of attorney fees in juvenile
delinquency proceedings, (d) The name of the attorney, and his actual
voucher certified by the court for the work completed on a preapproved
case. This information is required for payment of appointed counsel as
authorized by Public Law 95-608.
III. Request for Comments
We specifically request your comments on the following:
1. Whether the collection of information is necessary for the
proper performance of the functions of the BIA, including whether the
information will have practical utility;
2. The accuracy of the Bureau's estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
3. The quality, utility and clarity of the information to be
collected; and
4. How to minimize the burden of the information collection on
those who are to respond, including the use of appropriate automated
electronic, mechanical or other forms of information technology.
IV. Data
Title of the Collection of Information: Department of the Interior,
Bureau of Indian Affairs, Payment for Appointed Counsel in Involuntary
Indian Child Custody Proceedings in State Courts.
OMB Number: 1076-0111.
Affected Entities: State Courts and individual Indians eligible for
payment of attorney fees pursuant to 25 CFR 23.13.
Frequency of response: Once.
Estimated number of annual responses: 4.
Estimated annual reporting and record keeping burden that will
result from the Reporting: 2 hours/response x 4 respondents = 8
hours.
Recordkeeping: 1 hour/response x 4 respondents=4 hours.
Estimated Total Annual Burden Hours: 12 hours.
Dated: June 23, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-17383 Filed 7-1-97; 8:45 am]
BILLING CODE 4310-02-U
