Marriage and Dissolution in Courts of Indian Offenses, 37429-37430 [05-12808]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[Federal Register Volume 70, Number 124 (Wednesday, June 29, 2005)]
[Notices]
[Pages 37429-37430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12808]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Marriage and Dissolution in Courts of Indian Offenses

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of submission of information collection to the Office of 
Management and Budget.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, we are 
submitting this collection of information to the Office of Management 
and Budget's (OMB) Office of Information and Regulatory Affairs for 
approval and renewal.

DATES: Written comments must be submitted by July 29, 2005.

ADDRESSES: Written comments are to be sent directly to the Desk Officer 
for the Department of the Interior, by e-mail to OIRA_DOCKET@omb.eop.gov, or by telefacsimile to (202) 395-6566. Please send 
a copy of your comments to Ralph Gonzales, Office of Tribal Services, 
Bureau of Indian Affairs, 1951 Constitution Avenue, NW., Mail Stop 320-
SIB, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Ralph Gonzales, (202) 513-7629.

SUPPLEMENTARY INFORMATION: 
    On November 3, 2004, a notice of proposed renewal was published in 
the Federal Register (69 FR 64094) which requested comments. No 
comments were received.

I. Abstract

    The Bureau of Indian Affairs, Department of the Interior, must 
collect personal information to carry out the requirements of title 25, 
section 11.600(c)--Marriage, and title 25, section 11.606(c)--
Dissolution of Marriage, in order for a Courts of Indian Offenses (CFR 
court) to issue a marriage license or dissolve a marriage. The 
information is collected at the initiation of an applicant and only 
basic information necessary for the CFR court to properly dispose of 
the matter.

II. Method of Collection

    Basic information is requested of applicants for the issuance of a 
marriage license or for the dissolution of a marriage by a CFR court 
under 25 CFR part 11. Information is collected by the Clerk of the CFR 
court so that the functions under 25 CFR 11.600(c), and 11.606(c) may 
be carried out.

III. Information Collected

    CFR courts 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 and 9; and 25 U.S.C. 13, which authorizes 
appropriations for ``Indian judges.'' See Tillett v. Hodel, 730 F. 
Supp., 381 (W.D. Okla. 1990), aff'd 931 F.2d 636 (10th Cir. 1991), 
United States v. Clapox, 13 Sawy. 349, 35 F. 575 (D. Ore. 1888). The 
CFR Courts provide adequate machinery for the administration of justice 
for Indian tribes in those areas where tribes retain jurisdiction over 
Indians and is exclusive of state jurisdiction but where tribal courts 
have not been established to exercise that jurisdiction. Accordingly, 
CFR courts exercise jurisdiction under title 25 part 11 of the Code of 
Federal Regulations. Domestic Relations are governed by 25 CFR 11.600 
which authorizes the CFR court to conduct marriages and dissolve 
marriages. In order to be married in a CFR court a marriage license 
must be obtained (25 CFR 11.601). To comply with this requirement an 
applicant must respond to the following six questions found at 25 CFR 
11.600(c):
    (c) A marriage license application shall include the following 
information:
    (1) Name, sex, occupation, address, social security number, and 
date and place of birth of each party to the proposed marriage;
    (2) If either party was previously married, his or her name, and 
the date, place, and court in which the marriage was dissolved or 
declared invalid or the date and place of death of the former spouse;
    (3) Name and address of the parents or guardian of each party;
    (4) Whether the parties are related to each other and, if so, their 
relationship;
    (5) The name and date of birth of any child of which both parties 
are parents, born before the making of the application, unless their 
parental rights and the parent and child relationship with respect to 
the child have been terminated; and
    (6) A certificate of the results of any medical examination 
required by either applicable tribal ordinances, or the laws of the 
State in which the Indian country under the jurisdiction of the CFR 
court is located.
    For the purposes of Sec.  11.600, the social security number 
information is requested to confirm identity. Previous marriage 
information is requested to avoid multiple simultaneous marriages, and 
to ensure that any pre-existing legal relationships are dissolved. 
Information on consanguinity is requested to avoid conflict with state 
or tribal laws against marriages between parties who are related by 
blood as defined in such laws. Medical examination information may be 
requested if required under the laws of the state in which the CFR 
court is located.
    To comply with the requirement for dissolution of marriage an 
applicant must respond to the following six questions found at 25 CFR 
11.606(c):
    (1) The age, occupation, and length of residence within the Indian 
country under the jurisdiction of the court of each party;
    (2) The date of the marriage and the place at which it was 
registered;
    (3) That jurisdictional requirements are met and that the marriage 
is irretrievably broken in that either (i) the parties have lived 
separate and apart for a period of more than 180 days next preceding 
the commencement of the proceeding or (ii) there is a serious marital 
discord adversely affecting the attitude of one or both of the parties 
toward the marriage, and there is no reasonable prospect of 
reconciliation;
    (4) The names, age, and addresses of all living children of the 
marriage and whether the wife is pregnant;
    (5) Any arrangement as to support, custody, and visitation of the 
children and maintenance of a spouse; and
    (6) The relief sought.
    For the purposes of Sec.  11.606, Dissolution proceedings, 
information on occupation and residency is necessary to establish CFR 
court jurisdiction. Information on the status of the parties, whether 
they have lived apart 180 days or if there is serious marital discord 
warranting dissolution, is necessary for the court to determine if 
dissolution is appropriate. Information on the children of the 
marriage, their ages and whether the wife is pregnant is necessary for 
the CFR court to determine the appropriate level of support that may be 
required from the non-custodial parent.

[[Page 37430]]

    Title: Law and Order on Indian Reservations, 25 CFR 11, Subpart F.
    OMB approval number: 1076-0094.
    Type of request: Extension of a currently-approved collection.
    Description of the need for the information and proposed use of the 
information: The information is submitted in order to obtain or retain 
a benefit, namely, the issuance of a marriage license or a decree of 
dissolution of marriage from the CFR court.
    Affected entities: Indian applicants that are under the 
jurisdiction of one of the 24 established CFR courts are entitled to 
receive the benefit of this action by the CFR Court.
    Estimated number of respondents: Approximately 260 applications for 
a marriage license or petition for dissolution of marriage will be 
filed in the 24 Courts of Indian Offenses annually.
    Proposed frequency of responses: On occasion as needed.
    Total annual burden: The average burden of submitting a marriage 
license or petition for dissolution of marriage is 15 minutes per 
application. The total annual burden is estimated as 65 hours.
    Estimated cost: There are no costs to consider, except estimated 
costs of $100 per court annually, for the material supplies and staff 
time required by the CFR court.

IV. Request for Comments

    The Department of the Interior invites comments to be sent to the 
Office of Management and Budget concerning:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden (including 
the hours and cost) of the proposed collection of information, 
including the validity of the methodology and assumption used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to 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 collection techniques or 
other forms of information technology.
    The Office of Management and Budget has up to 60 days to approve or 
disapprove the information collection but may respond after 30 days; 
therefore, comments submitted in response to this notice should be 
submitted to OMB within 30 days in order to assure their maximum 
consideration. Our practice is to make comments, including names and 
home addresses of respondents, available for public review during 
regular business hours. If you wish us to withhold any information, you 
must state this prominently at the beginning of your comment. We will 
honor your request to the extent allowable by law.
    Please note that 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 Office of Management and Budget control 
number.

    Dated: June 7, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 05-12808 Filed 6-28-05; 8:45 am]
BILLING CODE 4310-4J-P