Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Law and Order on Indian Reservations-Marriage and Dissolution Applications

Published date19 July 2021
Citation86 FR 38114
Record Number2021-15237
SectionNotices
CourtIndian Affairs Bureau
Federal Register, Volume 86 Issue 135 (Monday, July 19, 2021)
[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
                [Notices]
                [Page 38114]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-15237]
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                DEPARTMENT OF THE INTERIOR
                Bureau of Indian Affairs
                [212A2100DD/AAKC001030/A0A501010.999900 253G]; OMB Control Number 1076-
                0094]
                Agency Information Collection Activities; Submission to the
                Office of Management and Budget for Review and Approval; Law and Order
                on Indian Reservations--Marriage and Dissolution Applications
                AGENCY: Bureau of Indian Affairs, Interior.
                ACTION: Notice of information collection; request for comment.
                -----------------------------------------------------------------------
                SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
                the Bureau of Indian Affairs (BIA) are proposing renew an information
                collection.
                DATES: Interested persons are invited to submit comments on or before
                August 18, 2021.
                ADDRESSES: Send written comments on this information collection request
                (ICR) to the Office of Management and Budget's Desk Officer for the
                Department of the Interior by email at [email protected]; or
                via facsimile to (202) 395-5806. Please provide a copy of your comments
                to Tricia Tingle, Associate Director, Tribal Justice Support
                Directorate at 1849 C Street NW, MS-2603 MIB, Washington, DC 20240; or
                by email to [email protected]. Please reference OMB Control Number
                1076-0094 in the subject line of your comments.
                FOR FURTHER INFORMATION CONTACT: To request additional information
                about this ICR, contact Ms. Tricia Tingle at (505) 563-3950 or by email
                at [email protected]. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.
                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
                April 2, 2021 (86 FR 17396). No comments were received.
                 We are again soliciting comments on the proposed ICR that is
                described below. We are especially interested in public comment
                addressing the following issues: (1) Is the collection necessary to the
                proper functions of the BIA; (2) will this information be processed and
                used in a timely manner; (3) is the estimate of burden accurate; (4)
                how might the BIA enhance the quality, utility, and clarity of the
                information to be collected; and (5) how might the BIA minimize the
                burden of this collection on the respondents, including through the use
                of information technology.
                 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 Bureau of Indian Affairs (BIA) is seeking renewal of
                the approval for the information collection conducted under 25 CFR
                11.600(c) and 11.606(c). This information collection allows the Clerk
                of the Court of Indian Offenses to collect personal information
                necessary for a Court of Indian Offenses to issue a marriage license or
                dissolve a marriage. Courts of Indian Offenses have been established on
                certain Indian reservations under the authority vested in the Secretary
                of the Interior by 5 U.S.C. 301 and 25 U.S.C. 2, 9, and 13, which
                authorize appropriations for ``Indian judges.'' The courts provide for
                the administration of justice for Indian tribes in those areas where
                the tribes retain jurisdiction over Indians, exclusive of State
                jurisdiction, but where tribal courts have not been established to
                exercise that jurisdiction and the tribes has, by resolution or
                constitutional amendment, chosen to use the Court of Indian Offenses.
                Accordingly, Courts of Indian Offenses exercise jurisdiction under 25
                CFR 11. Domestic relations are governed by 25 CFR 11.600, which
                authorizes the Court of Indian Offenses to conduct and dissolve
                marriages.
                 In order to obtain a marriage licenses in a Court of Indian
                Offenses, applicants must provide the six items of information listed
                in 25 CFR 11.600(c), including identifying information, such a Social
                Security number, information on previous marriage, relationship to the
                other applicant, and a certificate of the results of any medical
                examination required by applicable tribal ordinances or the laws of the
                State in which the Indian country under the jurisdiction of the Court
                of Indian Offenses is located. To dissolve a marriage, applicants must
                provide the six items of information listed in 25 CFR 11.606(c),
                including information on occupation and residency (to establish
                jurisdiction), information on whether the parties have lives apart for
                at least 180 days or if there is serious marital discord warranting
                dissolution, and information on the children of the marriage and
                whether the wife is pregnant (for the court to determine the
                appropriate level of support that may be required from the non-
                custodial parent). (25 CFR 11.601) Two forms are used as part of this
                information collection, the Marriage License Application and the
                Dissolution of Marriage Application.
                 Title of Collection: Law and Order on Indian Reservations--Marriage
                & Dissolution Applications.
                 OMB Control Number: 1076-0094.
                 Form Number: None.
                 Type of Review: Extension of a currently approved collection.
                 Respondents/Affected Public: Individuals.
                 Total Estimated Number of Annual Respondents: 260 per year, on
                average.
                 Total Estimated Number of Annual Responses: 260 per year, on
                average.
                 Estimated Completion Time per Response: 15 minutes.
                 Total Estimated Number of Annual Burden Hours: 65 hours.
                 Respondent's Obligation: Required to Obtain or Retain a Benefit.
                 Frequency of Collection: On occasion.
                 Total Estimated Annual Nonhour Burden Cost: $6,500 (approximately
                $25 per application for processing fees).
                 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).
                Elizabeth K. Appel,
                Director, Office of Regulatory Affairs and Collaborative Action--Indian
                Affairs.
                [FR Doc. 2021-15237 Filed 7-16-21; 8:45 am]
                BILLING CODE 4337-15-P
                

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