[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Notices]
[Pages 7470-7472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4002]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs, Interior.
Proposed Agency Information Collection Activities; Comment
Request
ACTION: Notice.
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SUMMARY: This notice announces that the Information Collection Request
for the Payment for Appointed Counsel in Involuntary Indian Child
Custody Proceedings in State Courts, codified at 25 CFR Sec. 23.13,
requires renewal. Before submitting a request for reinstatement,
without change, of a previously approved collection for which approval
has expired, to the Office of Management and Budget (OMB), the
Department of the Interior is soliciting public comments on this
information collection as required by the Paperwork Reduction Act of
1995, Public Law 104-13, 44 U.S.C. 3506(c)(2)(A).
DATES: Written comments must be submitted on or before April 21, 1997.
ADDRESSES: Direct all written comments to Betty Tippeconnie, Bureau of
Indian Affairs (Bureau), Department of the Interior, 1849 C Street, NW,
MS-4603 MB, Washington, D.C. 20240.
All written comments will be available for public inspection in
Room 4603 of the Main Interior Building, 1849 C Street, NW, Washington,
D.C. from 9:00 a.m. until 3:00 p.m., Monday
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through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Betty Tippeconnie, Bureau of Indian Affairs,
Department of the Interior, 1849 C Street, NW, MS-4603 MB, Washington,
D.C. 20240, and 202/208-2721. (This is not a toll-free number).
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:
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Information Collected Reason for Collection
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(a) Name, address and telephone number of attorney (a) To identify attorney appointed as counsel/and
appointed; method of contact;
(b) Name and address of client for whom counsel is (b) To identify indigent party in an Indian child
appointed; 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 P.L. 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 state law does not (f) To determine if other state laws provide for such
provide for appointment of counsel in such appointment of counsel and to prevent duplication of
proceedings; effort;
(g) Certification by the court that the Indian client (g) To determine if the client has resources to pay for
is indigent; counsel;
(h) The amount of payments due counsel utilizing the (h) To determine if the amount of payment due appointed
same procedures used to determine expenses in juvenile counsel is based on state court standards in juvenile
delinquency proceedings; delinquency proceedings;
(I) Approved vouchers with court certification that the (I) To determine the amount of payment considered
amount requested is reasonable considering the work reasonable in accordance with state standards for a
and the criteria used for determining fees and particular case.
expenses for juvenile delinquency proceedings.
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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, (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. Data
(1) 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.
Expiration Date: February 28, 1997.
Type of Review: Reinstatement of a previously approved information
collection for which approval has expired.
Affected Entities: State Courts and individual Indians eligible for
payment of attorney fees pursuant to 25 CFR 23.13.
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/response x 4 respondents = 8 hours.
Recordkeeping: 1 hour/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 agencies' 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, or 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.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of this information
collection; they also will become a matter of public record.
An agency may not conduct or sponsor, and a person is not required
to
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respond to a collection of information unless it displays a currently
valid Office of Management and Budget control number.
Dated: February 11, 1997.
Ada E. Deer,
Assistant Secretary, Indian Affairs.
[FR Doc. 97-4002 Filed 2-18-97; 8:45 am]
BILLING CODE 4310-02-P