Submission of Information Collection to OMB for Renewal, 50835-50837 [E8-19909]

Agencies

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

[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50835-50837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19909]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Submission of Information Collection to OMB for Renewal

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Bureau of Indian Affairs is submitting the following collection of 
information to the Office of Management and Budget (OMB) Office of 
Information and Regulatory Affairs for approval and renewal: Law and 
Order on Indian Reservations, which concerns marriage and dissolution 
of a marriage in a Court of Indian Offenses, OMB Control No. 1076-0094.

DATES: Written comments must be submitted by September 29, 2008.

ADDRESSES: Written comments to the Desk Officer for the Department of 
the Interior are to be e-mailed to OIRA_DOCKET@omb.eop.gov, or by 
telefacsimile to (202) 395-6566. Please send a copy to Joseph Little, 
Division of Tribal Justice Support, Bureau of Indian Affairs, 1001 
Indian School Road, NW., Suite 251, Albuquerque, NM 87104.

FOR FURTHER INFORMATION CONTACT: Joseph Little, Bureau of Indian 
Affairs at (505) 563-3833.

SUPPLEMENTARY INFORMATION: On April 9, 2008, a notice of proposed 
renewal of OMB Control No. 1076-0094 was published in the Federal 
Register (73 FR 19240), which requested any comments. No comments were 
received.

I. Abstract

    The Bureau of Indian Affairs must collect personal information to 
carry out the requirements of 25 CFR 11.600(c)--Marriage, and 25 CFR 
11.606(c)--Dissolution of Marriage, in order for a Court of Indian 
Offenses to issue a marriage license or dissolve a marriage.

[[Page 50836]]

The information is collected at the initiation of an applicant and 
requests only basic information necessary for the Court of Indian 
Offenses 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 Court of 
Indian Offenses under 25 CFR part 11. Information is collected by the 
Clerk of the Court of Indian Offenses so that the functions under 25 
CFR 11.600(c), and 11.606(c) may be carried out.

III. Information Collected

    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 and 9; and 25 U.S.C. 13, which 
authorize 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 
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, 
Courts of Indian Offenses exercise jurisdiction under 25 CFR part 11. 
Domestic Relations are governed by 25 CFR 11.600, which authorizes the 
Court of Indian Offenses to conduct marriages and dissolve marriages. 
In order to be married in a Court of Indian Offenses, 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):
    (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 Court 
of Indian Offenses 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 Court of 
Indian Offenses 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 Court 
of Indian Offenses 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 court to determine the appropriate level of support that may be 
required from the non-custodial parent.
    OMB Control No.: 1076-0094.
    Action: Renewal.
    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 Court of Indian Offenses.
    Affected entities: Indian applicants that are under the 
jurisdiction of one of the 24 established Courts of Indian Offenses are 
entitled to receive the benefit of this action by the Court of Indian 
Offenses.
    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.
    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.

IV. Request for Comments

    The Department of the Interior invites members of the public to 
submit comments to OMB 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 agencies' 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.Burden means the total time, 
effort, or financial resources expended by persons to generate, 
maintain, retain, or disclose of, or provide information to a Federal 
agency. This includes the time needed to review instructions; to 
develop, acquire, install and utilize technology and systems for the 
purpose of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information, to search data sources, to complete and review the 
collection of information; and to transmit or otherwise disclose the 
information.

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    It is our policy to make all comments available to the public for 
review at 1001 Indian School Road, NW., Albuquerque, NM, during the 
hours of 8 a.m. to 5 p.m., Monday through Friday except for legal 
holidays. Please note that all comments received will be available for 
public review 2 weeks after comment period closes. Before including 
your address, phone number, e-mail address or other personally 
identifiable information, be advised that your entire comment--
including your personally identifiable information--may be made public 
at any time. While you may request that we withhold your personally 
identifiable information, we cannot guarantee that we will be able to 
do so. We do not consider anonymous comments. All comments from 
representatives of businesses or organizations will be made public in 
their entirety. We may withhold comments from review for other reasons.
    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.
    The Office of Management and Budget has 60 days in which to make a 
decision on whether to renew this information collection. However, they 
may make a decision after 30 days; therefore, your comments will 
receive maximum consideration if received within 30 days.

    Dated: August 21, 2008.
Sanjeev ``Sonny'' Bhagowalia,
Chief Information Officer--Indian Affairs.
[FR Doc. E8-19909 Filed 8-27-08; 8:45 am]
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