[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Page 43702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18432]



Bureau of Indian Affairs

Renewal of Agency Information Collection for Tribal Probate Codes

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of request for comments.


SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to submit the 
information collection titled ``Tribal Probate Codes, 25 CFR 18'' to 
the Office of Management and Budget (OMB) for renewal pursuant to the 
Paperwork Reduction Act. The information collection is currently 
authorized by OMB Control Number 1076-0168, which expires November 30, 
2011. The information collection requires Indian tribes to submit their 
tribal probate codes to the Secretary of the Interior for approval in 
accordance with the American Indian Probate Reform Act of 2004.

DATES: Interested persons are invited to submit comments on or before 
September 19, 2011.

ADDRESSES: You may submit comments on the information collection to 
Charlene Toledo, Bureau of Indian Affairs, Director, Special Projects, 
BIA Division of Probate Services, 2600 N Central Ave., STE MS102, 
Phoenix, AZ 85004; e-mail: Charlene.Toldeo@bia.gov.

FOR FURTHER INFORMATION CONTACT: You may request further information or 
obtain copies of the information collection request submission from 
Charlene Toledo, Bureau of Indian Affairs, Director, Special Projects. 
Telephone (505) 563-3371.


I. Abstract

    As sovereignties, federally recognized tribes have the right to 
establish their own probate codes. When those probate codes govern the 
descent and distribution of trust or restricted property, they must be 
approved by the Secretary of the Department of the Interior. The 
American Indian Probate Reform Act of 2004 (AIPRA) amendments to the 
Indian Land Consolidation Act, 25 U.S.C. 2201 et seq., provides that 
any tribal probate code, any amendment to a tribal probate code, and 
any free-standing single heir rule are subject to the approval of the 
Secretary. This statute also establishes the basics of review and 
approval of tribal probate codes. This information collection covers 
tribes' submission of tribal probate codes, amendments, and free-
standing single heir rules to the Secretary for approval. We are 
adjusting the estimated number of respondents down to 10, based on the 
number of submissions received per year since AIPRA was passed.

II. Request for Comments

    The BIA requests that you send your comments on this collection to 
the location listed in the ADDRESSES section. Your comments should 
address: (a) The necessity of the information collection for the proper 
performance of the agencies, including whether the information will 
have practical utility; (b) the accuracy of our estimate of the burden 
(hours and cost) of the collection of information, including the 
validity of the methodology and assumptions used; (c) ways we could 
enhance the quality, utility and clarity of the information to be 
collected; and (d) ways we could minimize the burden of the collection 
of the information on the respondents, such as through the use of 
automated collection techniques or other forms of information 
    Please note that an agency may not sponsor or conduct, and an 
individual need not respond to, a collection of information unless it 
has a valid OMB Control Number. Approval for this collection expires 
November 30, 2011. Response to the information collection is required 
to obtain a benefit.
    It is our policy to make all comments available to the public for 
review at the location listed in the ADDRESSES section during the hours 
of 9 a.m.-5 p.m., Eastern Time, Monday through Friday except for legal 
holidays. Before including your address, phone number, e-mail address 
or other personally identifiable information, be advised that your 
entire comment--including your personally identifiable information--may 
be made public at any time. While you may request that we withhold your 
personally identifiable information, we cannot guarantee that we will 
be able to do so.

III. Data

    OMB Control Number: 1076-0168.
    Title: Tribal Probate Codes, 25 CFR 18.
    Brief Description of Collection: Submission of this information is 
required to comply with ILCA, as amended by AIPRA, 25 U.S.C. 2201 et 
seq., which provides that Indian tribes must obtain Secretarial 
approval for all tribal probate codes, amendments, and free-standing 
single heir rules that govern the descent and distribution of trust or 
restricted property.
    Type of Review: Extension without change of a currently approved 
    Respondents: Indian tribes.
    Number of Respondents: 10 per year.
    Total Number of Responses: One per respondent, on occasion.
    Estimated Time per Response: One-half hour.
    Estimated Total Annual Burden: 5 hours.

    Dated: July 15, 2011.
Alvin Foster,
Acting Chief Information Officer, Indian Affairs.
[FR Doc. 2011-18432 Filed 7-20-11; 8:45 am]