[Federal Register: October 17, 2003 (Volume 68, Number 201)]
[Notices]
[Page 59812-59813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc03-68]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Submission of Information Collection to the Office of Management
and Budget (OMB) for Review Under the Paperwork Reduction Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: As required by the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request for the
Payment for Appointed Counsel in Involuntary Indian Child Custody
Proceedings in State courts has been submitted to the Office of
Management and Budget for review and renewal. This information
collection is cleared under OMB Control Number 1076-0111.
DATES: Written comments must be submitted on or before November 17,
2003.
ADDRESSES: Comments should be submitted to the Desk Officer for the
Department of the Interior, Office of Management and Budget, either by
facsimile at (202) 395-6566 or you may send an e-mail to: OIRA_DOCKET@omb.eop.gov
Please send a copy of your comments to Larry Blair, Office of
Tribal Services, Bureau of Indian Affairs, 1951 Constitution Avenue,
NW., MS-320-SIB, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Larry Blair (202) 513-7621.
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 may send written notice to the Bureau of Indian
Affairs (Bureau) when appointment of counsel is not authorized by State
law. The cognizant Bureau Regional Director uses this information to
decide whether to certify that 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.
On June 9, 2003, the Department of the Interior published a notice
in the Federal Register (68 FR 34413) requesting public comments on the
proposed information collection. The comment period ended August 8,
2003. No comments were received.
II. Method of Collection
The following information is collected from State courts in order
to certify
[[Page 59813]]
payment of appointed counsel in involuntary Indian child custody
proceedings. The information collection is submitted to obtain or
retain a benefit; i.e., payment for appointed counsel. The reasons for
the collection are listed in the following table:
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Information collected Reason for collection
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(a) Name, address and telephone (a) To identify attorney appointed
number of attorney appointed. as counsel and method of contact.
(b) Name and address of client for (b) To identify indigent party in
whom counsel is appointed. an Indian child custody proceeding
for whom counsel is appointed.
(c) Applicant's relationship to (c) To determine if the person is
child. 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
appointment of counsel in such of counsel and to prevent
proceedings. duplication of effort.
(g) Certification by the court that (g) To determine if the client has
the Indian client is indigent. resources to pay for counsel.
(h) The amount of payments due (h) To determine if the amount of
counsel utilizing the same payment due appointed counsel is
procedures used to determine based on State court standards in
expenses in juvenile delinquency juvenile delinquency proceedings.
proceedings.
(i) Approved vouchers with court (i) To determine the amount of
certification that the amount payment considered reasonable in
requested is reasonable accordance with State standards
considering the work and the for a particular case.
criteria used for determining fees
and expenses for juvenile
delinquency proceedings.
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Proposed use of the information: The information collected will be
used by the respective Bureau Regional 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;
(c) The State standards for payment of attorney fees in juvenile
delinquency proceedings; and,
(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. Data
(1) Title of the Collection of Information: The Department of the
Interior, Bureau of Indian Affairs, Payment for Appointed Counsel in
Involuntary Indian Child Custody Proceedings in State Courts, 25 CFR
23.13.
OMB Control Number: 1076-0111.
Type of Review: Extension of a currently-approved collection.
Affected Entities: State courts and individual Indians eligible for
payment of attorney fees pursuant to 25 CFR 23.13 in order to obtain a
benefit.
Estimated number of respondents: 4.
Proposed frequency of response: 1.
(2) Estimate of total annual reporting and record keeping burden
that will result from the collection of this information: 12 hours.
Reporting: 2 hours per response x 4 respondents = 8 hours.
Recordkeeping: 1 hour per response x 4 respondents = 4 hours.
Estimated Total Annual Burden Hours: 12 hours.
Estimated Annual Costs: $540.00 (12 hours x $45.00 per hour).
(3) Description of the need for the information and proposed use of
the information: Submission of this information is required in order to
receive payment for appointed counsel under 25 CFR 23.13. The
information is collected to determine applicant eligibility for
services.
IV. Request for Comments
The Department of the Interior invites comment 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 (including
hours and cost) of the proposed collection of information, including
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 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.
The comments, names and addresses of commenters will be available
for public view during regular business hours. If you wish us to
withhold this information, you must state this prominently at the
beginning of your comment. We will honor your request to the extent
allowable by law.
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: September 3, 2003.
Aurene M. Martin,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 03-26288 Filed 10-16-03; 8:45 am]