[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)] [Notices] [Pages 33940-33941] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16671] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Proposed Agency Information Collection Activities; Comment Request AGENCY: Bureau of Indian Affairs. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of the Interior (Department) announces that an information collection request has been submitted to the Office of Management and Budget as required by the Paperwork Reduction Act of 1995. The information collection will be used by tribes to conduct background investigations of individuals whose duties and responsibilities allow them regular contact with or control over Indian children, and to process contracts, grants or compacts for award of funds as mandated by the Indian Child Protection and Family Violence Prevention Act (Act), Pub. L. 101-630, 25 U.S.C. 3201-3211. The Department invites comment on the information collection described below. DATES: Interested persons are invited to submit comments on or before August 30, 1996. FOR FURTHER INFORMATION CONTACT: Contact Bettie Rushing, Office of Tribal Services, Bureau of Indian Affairs, Department of the Interior, 1849 C Street, NW, Room 4629 Main Interior Building, Washington, DC 20240, or (202) 208-3463. SUPPLEMENTARY INFORMATION: 1. Information Collection Request The Department is seeking comments on the following Information Collection Request. Type of review: New. Title: (1) Background Investigations of Individuals Whose Duties and Responsibilities Allow Them Regular Contact With or Control Over Indian Children, 25 CFR Sec. 63.15. (2) Indian Child Protection and Family Violence Prevention Program Awards, 25 CFR Sec. 63.33 and 25 CFR Sec. 63.34. Effected Entities: Tribal Governments; Tribal Organizations. Abstract: The Bureau of Indian Affairs (BIA) is establishing regulations as mandated by the Indian Child Protection and Family Violence Prevention Act. The regulations prescribe minimum standards of character and suitability for employment of individuals whose duties and responsibilities allow them regular contact with or control over Indian children as required by Title IV, Section 408 of the Act, 25 U.S.C. 3207, and establish the method for distribution of funds to support tribally operated programs to protect Indian children and reduce the incidents of family violence in Indian country as authorized by Title IV, Section 411 of the Act, 25 U.S.C. 3210(f)(3). The Bureau of Indian Affairs developed the regulations in consultation with tribes. A working group of tribal and BIA representatives developed a draft of each section that was then presented to participants at a national tribal consultation meeting in Oklahoma City, Oklahoma, August 31 through September 1, 1994. The Notice of Proposed Rulemaking was published in the Federal Register on September 1, 1995. Background Investigations of Individuals Whose Duties and Responsibilities Allow Them Regular Contact With or Control Over Indian Children. Indian tribes and tribal organizations receiving funds under the authority of the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act of 1988 must conduct a background investigation for individuals whose duties and responsibilities would allow them regular contact with or control over Indian children, and employ only individuals who meet standards of character that are no less stringent than those prescribed for the Bureau of Indian Affairs. Indian tribes and tribal organizations may conduct their own background investigations, contract with private firms, or request the Office of Personnel Management to conduct an investigation. Third party notification or public disclosure is associated with this collection. Indian Child Protection and Family Violence Prevention Program Awards. The Bureau of Indian Affairs will use the application for funding to determine applicant eligibility, scope of service population, safeguard Federal funds and other resources, and administer and evaluate programs. Tribal governments or tribal organizations provide the information by submitting Indian Self-determination and Education Assistance Act, Pub. L. 93-638, as amended, 25 U.S.C. Sec. 450 et seq., contract, compact, or grant proposals to the Bureau of Indian Affairs. No third party notification or public disclosure burden is associated with this collection. In addition to the Indian Self-Determination and Education Assistance Act requirements, each applicant must provide the name and address of the agency or official to be responsible for the investigation of reported cases of child abuse and child neglect, the treatment and prevention of [[Page 33941]] incidents of family violence, and the provision of immediate shelter and related assistance for victims of family violence and their dependents; the projected service population of the program; the projected service area of the program; and the projected number of cases per month. Funds will be distributed, subject to the availability of appropriations. In any fiscal year that the appropriation exceeds 50 percent of the level of funding authorized by the Act, 49 percent must be distributed equally to all tribes and tribal organizations and 49 percent must be distributed on a per capita basis according to the population of children residing in the service area. Two percent of the annual appropriation will be set aside for distribution to tribes demonstrating special circumstances. Special circumstances include but are not limited to a high incidence of child sexual abuse, a high incidence of violent crimes, a high incidence of violent crimes against women, or the existence of a significant victim population within the community. Any tribe not wishing to receive Indian child protection and family violence prevention funds must inform its respective area office in writing within 90 days after receiving notice of the allocation from the area office. Each area office may reallocate unused Indian child protection and family violence prevention program funds as provided in this section. Burden Statement: Section 63.15 Background Investigations, as mandated by statute, require an average 40 hours per employee, with an estimated employee base of 10,000, a total burden of 400,000 hours. Funding information is to be collected annually from each applicant. It is anticipated that the number of third party collection (background investigations) will be less in subsequent years. Sections 63.33 and 63.34 Funding Applications require an annual reporting and record keeping burden of 30 hours for each response for 554 respondents, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and review collection of information. Thus, the total annual reporting and recordkeeping burden for this collection is estimated to be 16,620 hours, which is in addition to the background investigation burden. ---------------------------------------------------------------------------------------------------------------- Number of Third party Frequency of Total annual Burden hours Annual Cost to CFR section respondents collection response responses per response burden hours respondents ---------------------------------------------------------------------------------------------------------------- 63.15........ 554 10,000 1 10,000 40 400,000 $8,000,000 63.33........ 554 0 1 554 20 11,080 221,600 63.34........ 554 0 1 554 10 5,540 110,800 ---------------------------------------------------------------------------------------------------------------- The Bureau of Indian Affairs will not conduct or require tribes and tribal organizations to respond to a collection of information until 25 CFR 63.4, Information Collection, references a currently valid Office of Management and Budget control number. 2. Request for Comments The Department solicits comments to: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility. (b) Evaluate the accuracy of the agencies' estimates of burden of the proposed collection of information, including the methodology and assumptions used. (c) Enhance the quality, utility, and clarity of the information to be collected. (d) 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. Tribes, organizations and individuals desiring to submit comments on the information collection requirement should direct them to the Office of Information and Regulatory Affairs, OMB, Room 10202, New Executive Office Building, Washington, D.C. 20503; Attention: Desk Officer for the U.S. Department of the Interior. Dated: June 17, 1996. Ada E. Deer, Assistant Secretary--Indian Affairs. [FR Doc. 96-16671 Filed 6-28-96; 8:45 am] BILLING CODE 4310-02-P