E6-12491. Notice of Proposed Information Collection

AGENCY:

Office of the Special Trustee for American Indians, DOI.

ACTION:

Notice and Request for Comments.

SUMMARY:

The proposal for the collection of information listed below has been submitted to the Office of Management and Budget (OMB) for approval under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Copies of the proposed information collection request may be obtained by contacting the Office of the Special Trustee at the phone number listed below in the For Further Information Contact section. Comments and suggestions on this proposal should be made directly to the Office of Management and Budget. A copy of the comments and suggestions should also be sent to the Office of the Special Trustee, at the address listed below.

DATES:

OMB has up to 60 days to approve or disapprove the information collection, but may respond after 30 days. Therefore, public comments should be submitted to OMB by September 5, 2006, in order to be assured of consideration.

ADDRESSES:

Send your written comments to Office of Management and Budget, Office of Information and Regulatory Affairs, Attention, Department of the Interior Desk Officer, by fax to 202-395-6566, or by e-mail to [e-mail]. Send a copy of your written comments to Office of the Special Trustee for American Indians, Office of External Affairs, Attn: Carrie Moore, Department of the Interior, MS 5140 MIB, 1849 C St., NW., Washington, DC 20240. Individuals providing comments should reference OMB control number 1035-0003, “Application to Withdraw Tribal Funds from Trust Status, 25 CFR 1200.”

FOR FURTHER INFORMATION CONTACT:

To request a copy of the information collection request (“Application to Withdraw Tribal Funds from Trust Status, 25 CFR 1200,” OMB control number 1035-0003), and explanatory information, contact Office of the Special Trustee for American Indians, Office of External Affairs, Attn: Carrie Moore, Department of the Interior, MS 5140 MIB, 1849 C St., NW., Washington, DC 20240, or phone [phone].

SUPPLEMENTARY INFORMATION:

I. Abstract

Office of Management and Budget (OMB) regulations at 5 CFR part 1320, which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8 (d)). This notice identifies an information collection activity that the Office of the Special Trustee for American Indians will submit to OMB for extension or re-approval.

Public Law 103-412, The American Indian Trust Fund Management Reform Act of 1994, allows Indian tribes on a voluntary basis to take their funds out of trust status within the Department of the Interior (and the Federal Government) in order to manage such funds on their own. 25 CFR Part 1200, Subpart B, Section 1200.13, “How does a tribe apply to withdraw funds?” describes the requirements for application for withdrawal. The Act covers all tribal trust funds including judgment funds as well as some settlement funds, but excludes funds held in Individual Indian Money accounts. Both the Act and the regulation state that upon withdrawal of the funds, the Department of the Interior (and the Federal Government) have no further liability for such funds. Accompanying their application for withdrawal of trust funds, tribes are required to submit a Management Plan for managing the funds being withdrawn, to protect the funds once they are out of trust status.

This information collection allows the Office of the Special Trustee to collect the tribes' applications for withdrawal of funds held in trust by the Department of the Interior. If this information were not collected, the Office of the Special Trustee would not be able to comply with The American Indian Trust Fund Management Reform Act of 1994, and tribes would not be able to withdraw funds held for them in trust by the Department of the Interior.

II. Data

(1) Title: Application to Withdraw Tribal Funds from Trust Status, 25 CFR Part 1200.

OMB Control Number: 1035-0003.

Current Expiration Date: 08/31/2006.

Type of Review: Information Collection: Renewal.

Affected Entities: State, local, or tribal government.

Estimated annual number of respondents: 4.

Frequency of response: Once per respondent.

(2) Annual reporting and recordkeeping burden.

Total annual reporting per respondent: 400 hours.

Total annual reporting: 1600 hours.

(3) Description of the need and use of the information: The statutorily-required information is needed to provide a vehicle for tribes to withdraw funds from accounts held in trust for them by the United States Government.

III. Request for Comments

The Department of the Interior invites comments on:

(a) Whether the collection of information is necessary 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 of the collection and the validity of the methodology and assumptions used;

(c) Ways to enhance the quality, utility, and clarity of the information to be collected; and

(d) Ways to 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 collection techniques or other forms of information technology.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number.

Dated: July 25, 2006.

Carrie Moore,

Director, Office of External Affairs, Office of the Special Trustee for American Indians.