Notice2022-24312
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2022
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA), are proposing to renew an information collection with revisions.
Full Text
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<title>Federal Register, Volume 87 Issue 215 (Tuesday, November 8, 2022)</title>
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[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67484-67485]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24312]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[2231A2100DD/AAKC001030/A0A501010.999900; OMB Control Number 1076-0111]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Payment for
Appointed Counsel in Involuntary Indian Child Custody Proceedings in
State Courts
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the Bureau of Indian Affairs (BIA), are proposing to renew an
information collection with revisions.
DATES: Interested persons are invited to submit comments on or before
December 8, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. Please provide a
copy of your comments to Steven Mullen, Information Collection
Clearance Officer, Office of Regulatory Affairs and Collaborative
Action--Indian Affairs, U.S. Department of the Interior, 1001 Indian
School Road NW, Suite 229, Albuquerque, New Mexico 87104; or by email
to <a href="/cdn-cgi/l/email-protection#1e7d7173737b706a6d5e7c777f30797168"><span class="__cf_email__" data-cfemail="5d3e3230303833292e1d3f343c733a322b">[email protected]</span></a>. Please reference OMB Control Number 1076-0111 in
the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, please contact Johnna Blackhair, Acting Deputy Bureau
Director, Indian Services, BIA by email at <a href="/cdn-cgi/l/email-protection#0f65606761616e216d636e6c64676e667d4f6d666e21686079"><span class="__cf_email__" data-cfemail="573d383f39393679353b36343c3f363e2517353e3679303821">[email protected]</span></a> or
by telephone at (202) 513-7641. Individuals in the United States who
are deaf, deafblind, hard of hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. You may also view the ICR at <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995, we provide the general public and other Federal agencies
with an opportunity to comment on new, proposed, revised, and
continuing collections of information. This helps us assess the impact
of our information collection requirements and minimize the public's
reporting burden. It also helps the public understand our information
collection requirements and provide the requested data in the desired
format.
A Federal Register notice with a 60-day public comment period
soliciting comments on this collection of information was published on
June 16, 2022 (87 FR 36342). We received one comment.
Comment: The Bureau should adopt forms to assist courts and
attorneys in claiming payment. The provisions for payment of appointed
counsel in ICWA cases should be expanded to include counsel for Tribes
that can demonstrate a financial need. In the request for comment, it
states that the Bureau receives two requests for payment from state
courts per year under the section and estimates that the total annual
time burden on state courts for these requests is six hours. Two
applications for funding annually from throughout the country indicates
that very little use is being made of the procedures set out in the
regulations. If payment for appointed counsel is expanded, the process
for appointment of counsel for tribes should be consistent with tribal
sovereignty and autonomy. Congress should appropriate realistic funding
for requests for reimbursement for the costs of appointed counsel. The
Federal government should also consider allowing states to use funding
provided under title IV-E of the Social Security Act to support
providing appointed counsel to tribes to participate in cases governed
by the Indian Child Welfare Act.
Agency Response to Comment: BIA appreciates this feedback and
proposes to revise this information collection with a form to assist
courts and attorneys in claiming payment.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again soliciting comments from the public and other
Federal agencies on the proposed ICR that is described below. We are
especially interested in public comment addressing the following:
(1) Whether the collection of information is necessary for the
proper
[[Page 67485]]
performance of the functions of the agency, including whether the
information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency 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 technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Abstract: The BIA is seeking renewal of the approval for the
information collection conducted under 25 CFR 23.13, implementing the
Indian Child Welfare Act (25 U.S.C. 1901 et seq.). The information
collection allows BIA to receive written requests by State courts that
appoint counsel for an indigent Indian parent or Indian custodian in an
involuntary Indian child custody proceeding when appointment of counsel
is not authorized by State law. The applicable BIA Regional Director
uses this information to decide whether to certify that the client in
the notice is eligible to have his/her counsel compensated by the BIA
in accordance with the Indian Child Welfare Act.
Proposed Revisions
BIA proposes to revise this information collection with a form to
assist courts and attorneys in claiming payment.
Title of Collection: Payment for Appointed Counsel in Involuntary
Indian Child Custody Proceedings in State Courts.
OMB Control Number: 1076-0111.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: State courts.
Total Estimated Number of Annual Respondents: Two (2) per year.
Total Estimated Number of Annual Responses: Two (2) per year.
Estimated Completion Time per Response: Two (2) hours for reporting
and one (1) for recordkeeping.
Total Estimated Number of Annual Burden Hours: Six (6) hours.
Respondent's Obligation: Required to obtain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: $0.
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 OMB control number.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Steven Mullen,
Information Collection Clearance Officer, Office of Regulatory Affairs
and Collaborative Action--Indian Affairs.
[FR Doc. 2022-24312 Filed 11-7-22; 8:45 am]
BILLING CODE 4337-15-P
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