83 FR 13775 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Probate of Indian Estates, Except for Members of the Osage Nation and Five Civilized Tribes

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

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

Page Range		13775-13776
FR Document		2018-06434

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 13775-13776]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06434]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAKC001030/A0A501010.999900 253G; OMB Control Number 1076-
0169]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Probate of 
Indian Estates, Except for Members of the Osage Nation and Five 
Civilized Tribes

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 to renew an 
information collection.

DATES: Interested persons are invited to submit comments on or before 
April 30, 2018.

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 Ms. Charlene Toledo, Bureau of Indian Affairs, Office of Trust 
Services, Division of Probate Services, 2600 N Central Ave., STE MS 
102, Phoenix, AZ 85004: or email to [email protected]. Please 
reference OMB Control Number 1076-0169 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Ms. Charlene Toledo by telephone at (505) 563-
3371.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 
November 16, 2017. (82 FR 53516) 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 Secretary of the Interior probates the estates of 
individual Indians owning trust or restricted property in accordance 
with 25 U.S.C.

[[Page 13776]]

372-373. In order to compile the probate file, the BIA must obtain the 
family heirship data regarding the deceased from individuals and the 
tribe. This section contains the procedures that the Secretary of the 
Interior follows to initiate the probate of the trust estate for a 
deceased person who owns an interest in trust or restricted property. 
The Secretary must perform the necessary research of family heirship 
data collection requests in this part to obtain the information 
necessary to compile an accurate and complete probate file. This file 
will be forwarded to the Office of Hearing and Appeals (OHA) for 
disposition. Responses to these information collection requests are 
required to create a probate file for the decedent's estate so that OHA 
can determine the heirs of the decedent and order distribution of the 
trust assets in the decedent's estate.
    Title of Collection: Probate of Indian Estates, Except for Members 
of the Osage Nation and Five Civilized Tribes.
    OMB Control Number: 1076-0169.
    Form Number: None.
    Type of Review: Extension without change of currently approved 
collection.
    Respondents/Affected Public: Indians, businesses, and tribal 
authorities.
    Total Estimated Number of Annual Respondents: 36,906 per year.
    Total Estimated Number of Annual Responses: 41,139 per year.
    Estimated Completion Time per Response: Varies from 0.5 hours to 45 
hours.
    Total Estimated Number of Annual Burden Hours: 617,486 per year.
    Respondent's Obligation: Required to Obtain a Benefit.
    Frequency of Collection: Once per respondent per year.
    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).

    Dated: March 21, 2018.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs.
[FR Doc. 2018-06434 Filed 3-29-18; 8:45 am]
 BILLING CODE 4337-15-P

Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices 13775

Federal, and Tribal interests. We hereby review process. The Secretary also Affairs, Office of Trust Services,
adopt the Bracker analysis from the retains authority to take any necessary Division of Probate Services, 2600 N
preamble to the surface leasing actions to remedy violations of a lease Central Ave., STE MS 102, Phoenix, AZ
regulations, 77 FR at 72,447–48, as or of the Tribal regulations, including 85004: or email to Charlene.Toledo@
supplemented by the analysis below. terminating the lease or rescinding bia.gov. Please reference OMB Control
The strong Federal and Tribal approval of the Tribal regulations and Number 1076–0169 in the subject line of
interests against State and local taxation reassuming lease approval your comments.
of improvements, leaseholds, and responsibilities. Moreover, the Secretary FOR FURTHER INFORMATION CONTACT: To
activities on land leased under the continues to review, approve, and request additional information about
Department’s leasing regulations apply monitor individual Indian land leases this ICR, contact Ms. Charlene Toledo
equally to improvements, leaseholds, and other types of leases not covered by telephone at (505) 563–3371.You
and activities on land leased pursuant to under the Tribal regulations according may also view the ICR at http://
Tribal leasing regulations approved to the part 162 regulations. www.reginfo.gov/public/do/PRAMain.
under the HEARTH Act. Congress’s Accordingly, the Federal and Tribal SUPPLEMENTARY INFORMATION: In
overarching intent was to ‘‘allow Tribes interests weigh heavily in favor of accordance with the Paperwork
to exercise greater control over their preemption of State and local taxes on Reduction Act of 1995, we provide the
own land, support self-determination, lease-related activities and interests,
and eliminate bureaucratic delays that general public and other Federal
regardless of whether the lease is agencies with an opportunity to
stand in the way of homeownership and governed by Tribal leasing regulations
economic development in Tribal comment on new, proposed, revised,
or part 162. Improvements, activities, and continuing collections of
communities.’’ 158 Cong. Rec. H. 2682 and leasehold or possessory interests
(May 15, 2012). The HEARTH Act was information. This helps us assess the
may be subject to taxation by the Lummi impact of our information collection
intended to afford Tribes ‘‘flexibility to Tribe of the Lummi Indian Reservation.
adapt lease terms to suit [their] business requirements and minimize the public’s
and cultural needs’’ and to ‘‘enable Dated: November 9, 2017. reporting burden. It also helps the
[Tribes] to approve leases quickly and John Tahsuda, public understand our information
efficiently.’’ Id. at 5–6. Principal Deputy Assistant Secretary—Indian collection requirements and provide the
Assessment of State and local taxes Affairs, Exercising the Authority of the requested data in the desired format.
would obstruct these express Federal Assistant Secretary—Indian Affairs. A Federal Register notice with a 60-
policies supporting Tribal economic [FR Doc. 2018–06443 Filed 3–29–18; 8:45 am] day public comment period soliciting
development and self-determination, BILLING CODE 4337–15–P comments on this collection of
and also threaten substantial Tribal information was published on
interests in effective Tribal government, November 16, 2017. (82 FR 53516) No
economic self-sufficiency, and territorial DEPARTMENT OF THE INTERIOR comments were received.
autonomy. See Michigan v. Bay Mills We are again soliciting comments on
Indian Community, 134 S. Ct. 2024, Bureau of Indian Affairs the proposed ICR that is described
2043 (2014) (Sotomayor, J., concurring) [189A2100DD/AAKC001030/ below. We are especially interested in
(determining that ‘‘[a] key goal of the A0A501010.999900 253G; OMB Control public comment addressing the
Federal Government is to render Tribes Number 1076–0169] following issues: (1) Is the collection
more self-sufficient, and better necessary to the proper functions of the
positioned to fund their own sovereign Agency Information Collection BIA; (2) will this information be
functions, rather than relying on Federal Activities; Submission to the Office of processed and used in a timely manner;
funding’’). The additional costs of State Management and Budget for Review (3) is the estimate of burden accurate;
and local taxation have a chilling effect and Approval; Probate of Indian (4) how might the BIA enhance the
on potential lessees, as well as on a Estates, Except for Members of the quality, utility, and clarity of the
Tribe that, as a result, might refrain from Osage Nation and Five Civilized Tribes information to be collected; and (5) how
exercising its own sovereign right to might the BIA minimize the burden of
AGENCY: Bureau of Indian Affairs,
impose a Tribal tax to support its this collection on the respondents,
Interior.
infrastructure needs. See id. at 2043–44 including through the use of
ACTION: Notice of information collection; information technology.
(finding that State and local taxes
greatly discourage Tribes from raising request for comment. Comments that you submit in
tax revenue from the same sources SUMMARY: In accordance with the response to this notice are a matter of
because the imposition of double Paperwork Reduction Act of 1995, we, public record. Before including your
taxation would impede Tribal economic the Bureau of Indian Affairs (BIA), are address, phone number, email address,
growth). proposing to renew an information or other personal identifying
Similar to BIA’s surface leasing collection. information in your comment, you
regulations, Tribal regulations under the should be aware that your entire
HEARTH Act pervasively cover all DATES: Interested persons are invited to comment—including your personal
aspects of leasing. See 25 U.S.C. submit comments on or before April 30, identifying information—may be made
415(h)(3)(B)(i) (requiring Tribal 2018. publicly available at any time. While
regulations be consistent with BIA ADDRESSES: Send written comments on you can ask us in your comment to
surface leasing regulations). this information collection request (ICR) withhold your personal identifying
amozie on DSK30RV082PROD with NOTICES

Furthermore, the Federal government to the Office of Management and information from public review, we
remains involved in the Tribal land Budget’s Desk Officer for the cannot guarantee that we will be able to
leasing process by approving the Tribal Department of the Interior by email at do so.
leasing regulations in the first instance OIRA_Submission@omb.eop.gov; or via Abstract: The Secretary of the Interior
and providing technical assistance, facsimile to (202) 395–5806. Please probates the estates of individual
upon request by a Tribe, for the provide a copy of your comments to Ms. Indians owning trust or restricted
development of an environmental Charlene Toledo, Bureau of Indian property in accordance with 25 U.S.C.

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13776 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices

372–373. In order to compile the DEPARTMENT OF THE INTERIOR We are again soliciting comments on
probate file, the BIA must obtain the the proposed ICR that is described
family heirship data regarding the Bureau of Indian Affairs below. We are especially interested in
deceased from individuals and the tribe. [189A2100DD/AAKC001030/ public comment addressing the
This section contains the procedures A0A501010.999900253G; OMB Control following issues: (1) Is the collection
that the Secretary of the Interior follows Number 1076–0182] necessary to the proper functions of the
to initiate the probate of the trust estate BIE; (2) will this information be
for a deceased person who owns an Agency Information Collection processed and used in a timely manner;
interest in trust or restricted property. Activities; Submission to the Office of (3) is the estimate of burden accurate;
The Secretary must perform the Management and Budget for Review (4) how might the BIE enhance the
and Approval; Sovereignty in Indian quality, utility, and clarity of the
necessary research of family heirship
Education Grant Program information to be collected; and (5) how
data collection requests in this part to
might the BIE minimize the burden of
obtain the information necessary to AGENCY: Bureau of Indian Affairs,
this collection on the respondents,
compile an accurate and complete Interior.
including through the use of
probate file. This file will be forwarded ACTION: Notice of information collection;
information technology.
to the Office of Hearing and Appeals request for comment. Comments that you submit in
(OHA) for disposition. Responses to response to this notice are a matter of
these information collection requests are SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, we, public record. Before including your
required to create a probate file for the address, phone number, email address,
the Bureau of Indian Education (BIE) are
decedent’s estate so that OHA can or other personal identifying
proposing to renew an information
determine the heirs of the decedent and information in your comment, you
collection.
order distribution of the trust assets in should be aware that your entire
the decedent’s estate. DATES: Interested persons are invited to comment—including your personal
submit comments on or before April 30, identifying information—may be made
Title of Collection: Probate of Indian 2018.
Estates, Except for Members of the publicly available at any time. While
ADDRESSES: Send written comments on you can ask us in your comment to
Osage Nation and Five Civilized Tribes.
this information collection request (ICR) withhold your personal identifying
OMB Control Number: 1076–0169. to the Office of Management and information from public review, we
Form Number: None. Budget’s Desk Officer for the cannot guarantee that we will be able to
Department of the Interior by email at do so.
Type of Review: Extension without
OIRA_Submission@omb.eop.gov; or via Abstract: Indian Tribes and Tribal
change of currently approved collection.
facsimile to (202) 395–5806. Please Organizations may submit proposals to
Respondents/Affected Public: Indians, provide a copy of your comments Dr. support their efforts to take control and
businesses, and tribal authorities. Maureen Lesky, Bureau of Indian operate BIE-funded schools located on
Total Estimated Number of Annual Education, 1011 Indian School Road the tribe’s reservation. Each proposal
Respondents: 36,906 per year. NW, Albuquerque, NM 87104; or by must include a project narrative, a
email to Maureen.Lesky@bie.edu. Please budget narrative, a work plan outline,
Total Estimated Number of Annual reference OMB Control Number 1076– and a Project Director to manage the
Responses: 41,139 per year. 0182 in the subject line of your execution of the grant. The Project
Estimated Completion Time per comments. Directors will participate in monthly
Response: Varies from 0.5 hours to 45 FOR FURTHER INFORMATION CONTACT: To collaboration meetings, submit quarterly
hours. request additional information about budget updates, ensure an annual report
Total Estimated Number of Annual this ICR, contact Dr. Maureen Lesky by is submitted at the end of each project
Burden Hours: 617,486 per year. email at Maureen.Lesky@bie.edu, or by year, and ultimately ensure that the
telephone at (505) 563–5397. You may tribal education agency fulfills the
Respondent’s Obligation: Required to obligations of the grant.
Obtain a Benefit. also view the ICR at http://
www.reginfo.gov/public/do/PRAMain. Title of Collection: Sovereignty in
Frequency of Collection: Once per Indian Education Grant Program.
SUPPLEMENTARY INFORMATION: In
respondent per year. OMB Control Number: 1076–0182.
accordance with the Paperwork Form Number: None.
Total Estimated Annual Nonhour Reduction Act of 1995, we provide the Type of Review: Extension of a
Burden Cost: $0. general public and other Federal currently approved collection.
An agency may not conduct or agencies with an opportunity to Respondents/Affected Public: Indian
sponsor and a person is not required to comment on new, proposed, revised, Tribes and/or Tribal Education
respond to a collection of information and continuing collections of Departments.
unless it displays a currently valid OMB information. This helps us assess the Total Estimated Number of Annual
control number. impact of our information collection Respondents: 11 per year.
requirements and minimize the public’s Total Estimated Number of Annual
The authority for this action is the reporting burden. It also helps the Responses: 198 per year.
Paperwork Reduction Act of 1995 (44 public understand our information Estimated Completion Time per
U.S.C. 3501 et seq). collection requirements and provide the Response: Ranges from 1 hour to 40
amozie on DSK30RV082PROD with NOTICES

Dated: March 21, 2018. requested data in the desired format. hours.
Elizabeth K. Appel,
A Federal Register notice with a 60- Total Estimated Number of Annual
day public comment period soliciting Burden Hours: 682 hours.
Director, Office of Regulatory Affairs and comments on this collection of Respondent’s Obligation: Required to
Collaborative Action—Indian Affairs.
information was published on January Obtain a Benefit.
[FR Doc. 2018–06434 Filed 3–29–18; 8:45 am] 23, 2018 (83 FR 3182). No comments Frequency of Collection: Proposals
BILLING CODE 4337–15–P were received. and Annual reports once per year and

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Document Created: 2018-11-01 08:58:45
Document Modified: 2018-11-01 08:58:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of information collection; request for comment.
Dates		Interested persons are invited to submit comments on or before April 30, 2018.
Contact		To request additional information about this ICR, contact Ms. Charlene Toledo by telephone at (505) 563- 3371.You may also view the ICR at http://www.reginfo.gov/public/do/ PRAMain.
FR Citation		83 FR 13775

83 FR 13775 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Probate of Indian Estates, Except for Members of the Osage Nation and Five Civilized Tribes

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

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

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs