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

Download as PDF Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Notices We invite your comments on: (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the information collection; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents. Dated: June 20, 2005. Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service. [FR Doc. 05–12854 Filed 6–28–05; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Marriage and Dissolution in Courts of Indian Offenses Bureau of Indian Affairs, Interior. ACTION: Notice of submission of information collection to the Office of Management and Budget. AGENCY: 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 VerDate jul<14>2003 17:40 Jun 28, 2005 Jkt 205001 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, PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 37429 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 § 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 § 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. E:\FR\FM\29JNN1.SGM 29JNN1 37430 Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Notices 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 VerDate jul<14>2003 17:40 Jun 28, 2005 Jkt 205001 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. FOR FURTHER INFORMATION, CONTACT: Renee Fencl, by phone at (907) 271– 5067, or by e-mail at Renee_Fencl@ak.blm.gov. Persons who use a telecommunication device (TTD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8330, 24 hours a day, seven days a week, to contact Ms. Fencl. 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] DEPARTMENT OF THE INTERIOR BILLING CODE 4310–4J–P Notice of Competitive Coal Lease Sale, Kentucky DEPARTMENT OF THE INTERIOR Bureau of Land Management [AK964–1410–HY–P; F–14938–A, BSA–5] Alaska Native Claims Selection AGENCY: Bureau of Land Management, DOI. Notice of decision approving lands for conveyance. ACTION: SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to St. Michael Native Corporation. The lands are located in T. 23 S., Rs. 17 & 18 W., Kateel River Meridian, in the vicinity of St. Michael Alaska, and contain 8.467 acres. Notice of the decision will also be published four times in the Nome Nugget. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until July 29, 2005, to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4, subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513–7599. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Renee Fencl, Land Law Examiner, Branch of Adjudication II. [FR Doc. 05–12856 Filed 6–28–05; 8:45 am] BILLING CODE 4310–$$–P Bureau of Land Management [ES–930–1320–EL] Bureau of Land Management, Interior. ACTION: Notice of Competitive Coal Lease Sale (KYES–51002). AGENCY: SUMMARY: Notice is hereby given that certain coal resources described below in the Gray Mountain Federal Mineral Tract (KYES–51002) in Leslie County, Kentucky, will be offered for competitive lease by sealed bid in accordance with the provisions for competitive lease sales in 43 CFR 3422, the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.), and the Mineral Leasing Act for Acquired Lands of 1947. DATES: The lease sale will be held at 10 a.m. on Wednesday, July 27, 2005. The outside of the sealed envelope containing the bid must clearly state that the envelope contains a bid for Coal Lease Sale KYES–51002, and is not to be opened before the date and hour of the sale. The bid must be sent by certified mail, return receipt requested, or be hand delivered to the address indicated below, and must be received on or before 4:30 p.m., Tuesday, July 26, 2005. Any bid received after the time specified will not be considered, and will be returned. ADDRESSES: The sale will be held at the Bureau of Land Management (BLM)— Eastern States, 7450 Boston Boulevard, Springfield, Virginia 22153. Sealed bids must be submitted to the Cashier, BLM– Eastern States, at that address. FOR FURTHER INFORMATION: Contact Timothy Best, BLM–Eastern States, at (703) 440–1527. SUPPLEMENTARY INFORMATION: This coal lease sale is being held in response to a lease by application (LBA) filed by E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[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]


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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