83_FR_13835 83 FR 13773 - Agency Information Collection Activities; Law and Order on Indian Reservations-Marriage and Dissolution Applications

83 FR 13773 - Agency Information Collection Activities; Law and Order on Indian Reservations-Marriage and Dissolution Applications

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 83, Issue 62 (March 30, 2018)

Page Range13773-13774
FR Document2018-06440

In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA) are proposing to renew an information collection.

Federal Register, Volume 83 Issue 62 (Friday, March 30, 2018) 
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13773-13774]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06440]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAKC001030/A0A501010.999900 253G]; OMB Control Number 1076-
0094]


Agency Information Collection Activities; Law and Order on Indian 
Reservations--Marriage and Dissolution Applications

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.

DATES: Interested persons are invited to submit comments on or before 
May 29, 2018.

ADDRESSES: Send your comments on this information collection request 
(ICR) by mail to Ms. 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 by email at 
[email protected].

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.
    We are 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. We will include or summarize each comment in our request 
to OMB to approve this ICR. 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

[[Page 13774]]

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).

    Dated: March 26, 2018.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs.
[FR Doc. 2018-06440 Filed 3-29-18; 8:45 am]
 BILLING CODE 4337-15-P

Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices 13773 information. This helps us assess the Type of Review: Extension without FOR FURTHER INFORMATION CONTACT: To impact of our information collection change of currently approved collection. request additional information about requirements and minimize the public’s Respondents/Affected Public: Indian this ICR, contact Ms. Tricia Tingle by reporting burden. It also helps the tribes and State governments. email at Tricia.Tingle@bia.gov. public understand our information Total Estimated Number of Annual SUPPLEMENTARY INFORMATION: In collection requirements and provide the Respondents: 40 per year. accordance with the Paperwork requested data in the desired format. Total Estimated Number of Annual Reduction Act of 1995, we provide the A Federal Register notice with a 60- Responses: 40 per year. general public and other Federal day public comment period soliciting Estimated Completion Time per agencies with an opportunity to comments on this collection of Response: 200 hours. comment on new, proposed, revised, information was published on October Total Estimated Number of Annual and continuing collections of 16, 2017 (82 FR 48112). No comments Burden Hours: 8,000 hours. information. This helps us assess the were received. Respondent’s Obligation: Required to impact of our information collection We are again soliciting comments on obtain a benefit. requirements and minimize the public’s the proposed ICR that is described Frequency of Collection: One time. reporting burden. It also helps the below. We are especially interested in Total Estimated Annual Nonhour public understand our information public comment addressing the Burden Cost: $0. collection requirements and provide the following issues: (1) Is the collection An agency may not conduct or requested data in the desired format. necessary to the proper functions of the sponsor and a person is not required to We are soliciting comments on the BIA; (2) will this information be respond to a collection of information proposed ICR that is described below. processed and used in a timely manner; unless it displays a currently valid OMB We are especially interested in public (3) is the estimate of burden accurate; control number. (4) how might the BIA enhance the comment addressing the following The authority for this action is the issues: (1) Is the collection necessary to quality, utility, and clarity of the Paperwork Reduction Act of 1995 (44 information to be collected; and (5) how the proper functions of the BIA; (2) will U.S.C. 3501 et seq). this information be processed and used might the BIA minimize the burden of this collection on the respondents, Dated: March 21, 2018. in a timely manner; (3) is the estimate including through the use of Elizabeth K. Appel, of burden accurate; (4) how might the information technology. Director, Office of Regulatory Affairs and BIA enhance the quality, utility, and Comments that you submit in Collaborative Action—Indian Affairs. clarity of the information to be response to this notice are a matter of [FR Doc. 2018–06433 Filed 3–29–18; 8:45 am] collected; and (5) how might the BIA public record. Before including your BILLING CODE 4337–15–P minimize the burden of this collection address, phone number, email address, on the respondents, including through or other personal identifying the use of information technology. information in your comment, you DEPARTMENT OF THE INTERIOR Comments that you submit in should be aware that your entire response to this notice are a matter of comment—including your personal Bureau of Indian Affairs public record. We will include or identifying information—may be made [189A2100DD/AAKC001030/ summarize each comment in our request publicly available at any time. While A0A501010.999900 253G]; OMB Control to OMB to approve this ICR. Before you can ask us in your comment to Number 1076–0094] including your address, phone number, withhold your personal identifying email address, or other personal information from public review, we Agency Information Collection identifying information in your cannot guarantee that we will be able to Activities; Law and Order on Indian comment, you should be aware that do so. Reservations—Marriage and your entire comment—including your Abstract: The Assistant Secretary— Dissolution Applications personal identifying information—may Indian Affairs is seeking renewal of the be made publicly available at any time. AGENCY: Bureau of Indian Affairs, approval for the information collection While you can ask us in your comment Interior. conducted under 25 CFR 293, Class III to withhold your personal identifying ACTION: Notice of information collection; information from public review, we Tribal-State Gaming Compact Process request for comment. cannot guarantee that we will be able to and the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2710(d)(8)(A), (B) and SUMMARY: In accordance with the do so. (C), which authorizes the Secretary to Paperwork Reduction Act of 1995, we, Abstract: The Bureau of Indian Affairs approve, disapprove or ‘‘consider the Bureau of Indian Affairs (BIA) are (BIA) is seeking renewal of the approval approved’’ (i.e., deemed approved) a proposing to renew an information for the information collection conducted tribal state gaming compact or compact collection. under 25 CFR 11.600(c) and 11.606(c). amendment and publish notice of that This information collection allows the approval or considered approval in the DATES: Interested persons are invited to Clerk of the Court of Indian Offenses to Federal Register. The information submit comments on or before May 29, collect personal information necessary collected includes tribal-state compacts 2018. for a Court of Indian Offenses to issue or compact amendments entered into by ADDRESSES: Send your comments on a marriage license or dissolve a Indian tribes and State governments. this information collection request (ICR) marriage. Courts of Indian Offenses have The Secretary of the Interior reviews by mail to Ms. Tricia Tingle, Associate been established on certain Indian amozie on DSK30RV082PROD with NOTICES this information and may approve, Director, Tribal Justice Support reservations under the authority vested disapprove or consider the compact Directorate at 1849 C Street NW, MS– in the Secretary of the Interior by 5 approved. 2603 MIB, Washington, DC 20240 or by U.S.C. 301 and 25 U.S.C. 2, 9, and 13, Title of Collection: Class III Tribal- email to Tricia.Tingle@bia.gov. Please which authorize appropriations for State Gaming Compact Process. reference OMB Control Number 1076– ‘‘Indian judges.’’ The courts provide for OMB Control Number: 1076–0172. 0094 in the subject line of your the administration of justice for Indian Form Number: None comments. tribes in those areas where the tribes VerDate Sep<11>2014 18:57 Mar 29, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1

13774 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices retain jurisdiction over Indians, respond to a collection of information leases. The Act requires the Secretary to exclusive of State jurisdiction, but unless it displays a currently valid OMB approve Tribal regulations if the Tribal where tribal courts have not been control number. regulations are consistent with the established to exercise that jurisdiction The authority for this action is the Department’s leasing regulations at 25 and the tribes has, by resolution or Paperwork Reduction Act of 1995 (44 CFR part 162 and provide for an constitutional amendment, chosen to U.S.C. 3501 et seq). environmental review process that use the Court of Indian Offenses. Dated: March 26, 2018. meets requirements set forth in the Act. Accordingly, Courts of Indian Offenses Elizabeth K. Appel, This notice announces that the exercise jurisdiction under 25 CFR 11. Secretary, through the Assistant Director, Office of Regulatory Affairs and Domestic relations are governed by 25 Secretary—Indian Affairs, has approved Collaborative Action—Indian Affairs. CFR 11.600, which authorizes the Court the Tribal regulations for the Lummi [FR Doc. 2018–06440 Filed 3–29–18; 8:45 am] of Indian Offenses to conduct and Tribe of the Lummi Indian Reservation. BILLING CODE 4337–15–P dissolve marriages. II. Federal Preemption of State and In order to obtain a marriage licenses Local Taxes in a Court of Indian Offenses, applicants DEPARTMENT OF THE INTERIOR The Department’s regulations must provide the six items of information listed in 25 CFR 11.600(c), governing the surface leasing of trust Bureau of Indian Affairs including identifying information, such and restricted Indian lands specify that, a Social Security number, information [189A2100DD/AAKC001030/ subject to applicable Federal law, on previous marriage, relationship to A0A501010.999900] permanent improvements on leased the other applicant, and a certificate of land, leasehold or possessory interests, HEARTH Act Approval of Lummi Tribe and activities under the lease are not the results of any medical examination of the Lummi Indian Reservation Code required by applicable tribal ordinances subject to State and local taxation and of Laws, Trust Lands Leasing Code may be subject to taxation by the Indian or the laws of the State in which the Indian country under the jurisdiction of AGENCY: Bureau of Indian Affairs, Tribe with jurisdiction. See 25 CFR the Court of Indian Offenses is located. Interior. 162.017. As explained further in the To dissolve a marriage, applicants must preamble to the final regulations, the ACTION: Notice. provide the six items of information Federal government has a strong interest listed in 25 CFR 11.606(c), including SUMMARY: On November 9, 2017, the in promoting economic development, information on occupation and Bureau of Indian Affairs (BIA) approved self-determination, and Tribal residency (to establish jurisdiction), the Lummi Tribe of the Lummi Indian sovereignty. 77 FR 72,440, 77 FR information on whether the parties have Reservation’s leasing regulations under 72,447–48 (December 5, 2012). The lives apart for at least 180 days or if the HEARTH Act. With this approval, principles supporting the Federal there is serious marital discord the Tribe is authorized to enter into preemption of State law in the field of warranting dissolution, and information leases for business and residential Indian leasing and the taxation of lease- purposes without BIA approval. related interests and activities applies on the children of the marriage and with equal force to leases entered into whether the wife is pregnant (for the FOR FURTHER INFORMATION CONTACT: Ms. under tribal leasing regulations court to determine the appropriate level Sharlene Round Face, Bureau of Indian approved by the Federal government of support that may be required from the Affairs, Division of Real Estate Services, pursuant to the HEARTH Act. non-custodial parent). (25 CFR 11.601) 1849 C Street NW, MS–4642–MIB, Section 5 of the Indian Reorganization Two forms are used as part of this Washington, DC 20240, at (202) 208– Act, 25 U.S.C. 465, preempts State and information collection, the Marriage 3615. local taxation of permanent License Application and the Dissolution SUPPLEMENTARY INFORMATION: improvements on trust land. of Marriage Application. Confederated Tribes of the Chehalis Title of Collection: Law and Order on I. Summary of the HEARTH Act Reservation v. Thurston County, 724 Indian Reservations—Marriage & The HEARTH (Helping Expedite and F.3d 1153, 1157 (9th Cir. 2013) (citing Dissolution Applications. Advance Responsible Tribal Mescalero Apache Tribe v. Jones, 411 OMB Control Number: 1076–0094. Homeownership) Act of 2012 (the Act) U.S. 145 (1973)). Similarly, section 465 Form Number: None. makes a voluntary, alternative land Type of Review: Extension of a preempts state taxation of rent payments leasing process available to Tribes, by by a lessee for leased trust lands, currently approved collection. Respondents/Affected Public: amending the Indian Long-Term Leasing because ‘‘tax on the payment of rent is Individuals. Act of 1955, 25 U.S.C. 415. The Act indistinguishable from an impermissible Total Estimated Number of Annual authorizes Tribes to negotiate and enter tax on the land.’’ See Seminole Tribe of Respondents: 260 per year, on average. into agricultural and business leases of Florida v. Stranburg, No. 14–14524, Total Estimated Number of Annual Tribal trust lands with a primary term *13–*17, n.8 (11th Cir. 2015). In Responses: 260 per year, on average. of 25 years, and up to two renewal terms addition, as explained in the preamble Estimated Completion Time per of 25 years each, without the approval to the revised leasing regulations at 25 Response: 15 minutes. of the Secretary of the Interior. The Act CFR part 162, Federal courts have Total Estimated Number of Annual also authorizes Tribes to enter into applied a balancing test to determine Burden Hours: 65 hours. leases for residential, recreational, whether State and local taxation of non- Respondent’s Obligation: Required to religious or educational purposes for a Indians on the reservation is preempted. amozie on DSK30RV082PROD with NOTICES Obtain or Retain a Benefit. primary term of up to 75 years without White Mountain Apache Tribe v. Frequency of Collection: On occasion. the approval of the Secretary. Bracker, 448 U.S. 136, 143 (1980). The Total Estimated Annual Nonhour Participating Tribes develop tribal Bracker balancing test, which is Burden Cost: $6,500 (approximately $25 leasing regulations, including an conducted against a backdrop of per application for processing fees). environmental review process, and then ‘‘traditional notions of Indian self- An agency may not conduct or must obtain the Secretary’s approval of government,’’ requires a particularized sponsor and a person is not required to those regulations prior to entering into examination of the relevant State, VerDate Sep<11>2014 18:57 Mar 29, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1


Document Created: 2018-11-01 08:58:42
Document Modified: 2018-11-01 08:58:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of information collection; request for comment.
DatesInterested persons are invited to submit comments on or before May 29, 2018.
ContactTo request additional information about this ICR, contact Ms. Tricia Tingle by email at [email protected]
FR Citation83 FR 13773 
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