[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Pages 67666-67667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27521]


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DEPARTMENT OF THE INTERIOR

Office of the Special Trustee for American Indians


Notice of Proposed Renewal of Information Collection: Application 
To Withdraw Tribal Funds From Trust Status

AGENCY: Office of the Special Trustee for American Indians, Interior.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995, the Office of the Special Trustee for American 
Indians, Department of the Interior, is announcing its intention to 
request renewal approval for the collection of information for 
Application to Withdraw Tribal Funds from Trust Status, OMB Control 
Number 1035-0003 . This collection request has been forwarded to the 
Office of Management and Budget (OMB) for review and approval. The 
information collection request (ICR) describes the nature of the 
information collection and the expected burden and cost.

DATES: OMB has up to 60 days to approve or disapprove the information 
collection request, but may respond after 30 days; therefore, public 
comments should be submitted to OMB by December 13, 2012, in order to 
be assured of consideration.

ADDRESSES: Submit comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attention: Desk Officer for 
the Department of the Interior (1035-0003), by telefax at (202) 395-
5806 or via email to [email protected]. Also, please send a 
copy of your

[[Page 67667]]

comments to Frank Perniciaro, Management Analyst, Office of the Special 
Trustee, Office of External Affairs, 4400 Masthead St. NE., Room 323, 
Albuquerque, NM 87109, or send an email to [email protected]. Additionally, you may telefax your comments to 
him at (505) 796-3167. Individuals providing comments should reference 
OMB control number 1035-0003, Application to Withdraw Tribal Funds from 
Trust Status.

FOR FURTHER INFORMATION CONTACT: To request more information on this 
information collection or to obtain a copy of the collection 
instrument, please write or call Frank Perniciaro, (505) 816-1173, 
Office of the Special Trustee, Office of External Affairs, 4400 
Masthead St. NE., Room 323, Albuquerque, NM 87109. You may also send 
your request by emailing him at [email protected]. To see a 
copy of the entire ICR submitted to OMB, go to: http://www.reginfo.gov 
and select Information Collection Review, Currently Under Review.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Office of Management and Budget (OMB) regulations at 5 CFR 1320, 
which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-131), 
require that interested members of the public and affected parties 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 has submitted to OMB for renewal.
    Public Law 103-412, The American Indian Trust Fund Management 
Reform Act of 1994 (Act), 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 and invest 
such funds on their own. 25 CFR Part 1200, subpart B, Sec. 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 settlements funds, 
but excludes funds held in Individual Indian Money accounts. Both the 
Act and the regulations 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 for American Indians 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 
for American Indians would not be able to comply with the American 
Indian Trust Fund Management Reform Act of 1994 (Pub. L. 103-412), 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 1200.
    OMB Control Number: 1035-0003.
    Current Expiration Data: November 30, 2012.
    Type of Review: Information Collection Renewal.
    Affected Entities: Tribal Governments.
    Estimated annual number of respondents: One respondent per year.
    Frequency of response: Once per tribe per trust fund withdrawal 
application.
    (2) Annual reporting and record keeping burden:
    Total annualized reporting per respondent: 1.
    Total annualized reporting: 750 hours.
    (3) Description of the need and use of the information: The 
statutorily-required information is needed to approve tribal 
applications to withdraw funds from accounts held in trust for tribes 
by the United States Government, for self-management.
    (4) As required under 5 CFR 1320.8(d), a Federal Register notice 
soliciting comments on the information collection was published on June 
7, 2012 (77 FR 33767). No comments were received. This notice provides 
the public with an additional 30 days in which to comment on the 
proposed information collection activity.

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 techniques.
    ``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.
    All written comments, with names and addresses, will be available 
for public inspection. If you wish us to withhold your personal 
information, you must prominently state at the beginning of your 
comment what personal information you want us to withhold. We will 
honor your request to the extent allowable by law. If you wish to view 
any comments received, you may do so by scheduling an appointment with 
the Office of the Special Trustee for American Indians by calling Frank 
Perniciaro at (505) 816-1173. A valid picture identification is 
required for entry into the Office of the Special Trustee for American 
Indians, 4400 Masthead Street NE., Albuquerque, NM 87109.
    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: October 16, 2012.
James P. Barham,
Director, Office of External Affairs, Office of the Special Trustee for 
American Indians.
[FR Doc. 2012-27521 Filed 11-9-12; 8:45 am]
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