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, 13775-13776 [2018-06434]

Download as PDF amozie on DSK30RV082PROD with NOTICES Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices Federal, and Tribal interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR at 72,447–48, as supplemented by the analysis below. The strong Federal and Tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to Tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow Tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in Tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford Tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [Tribes] to approve leases quickly and efficiently.’’ Id. at 5–6. Assessment of State and local taxes would obstruct these express Federal policies supporting Tribal economic development and self-determination, and also threaten substantial Tribal interests in effective Tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024, 2043 (2014) (Sotomayor, J., concurring) (determining that ‘‘[a] key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on Federal funding’’). The additional costs of State and local taxation have a chilling effect on potential lessees, as well as on a Tribe that, as a result, might refrain from exercising its own sovereign right to impose a Tribal tax to support its infrastructure needs. See id. at 2043–44 (finding that State and local taxes greatly discourage Tribes from raising tax revenue from the same sources because the imposition of double taxation would impede Tribal economic growth). Similar to BIA’s surface leasing regulations, Tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See 25 U.S.C. 415(h)(3)(B)(i) (requiring Tribal regulations be consistent with BIA surface leasing regulations). Furthermore, the Federal government remains involved in the Tribal land leasing process by approving the Tribal leasing regulations in the first instance and providing technical assistance, upon request by a Tribe, for the development of an environmental VerDate Sep<11>2014 18:57 Mar 29, 2018 Jkt 244001 review process. The Secretary also retains authority to take any necessary actions to remedy violations of a lease or of the Tribal regulations, including terminating the lease or rescinding approval of the Tribal regulations and reassuming lease approval responsibilities. Moreover, the Secretary continues to review, approve, and monitor individual Indian land leases and other types of leases not covered under the Tribal regulations according to the part 162 regulations. Accordingly, the Federal and Tribal interests weigh heavily in favor of preemption of State and local taxes on lease-related activities and interests, regardless of whether the lease is governed by Tribal leasing regulations or part 162. Improvements, activities, and leasehold or possessory interests may be subject to taxation by the Lummi Tribe of the Lummi Indian Reservation. Dated: November 9, 2017. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs, Exercising the Authority of the Assistant Secretary—Indian Affairs. [FR Doc. 2018–06443 Filed 3–29–18; 8:45 am] BILLING CODE 4337–15–P 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 Bureau of Indian Affairs, Interior. ACTION: Notice of information collection; request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA), are proposing to renew an information collection. SUMMARY: 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 OIRA_Submission@omb.eop.gov; or via facsimile to (202) 395–5806. Please provide a copy of your comments to Ms. Charlene Toledo, Bureau of Indian DATES: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 13775 Affairs, Office of Trust Services, Division of Probate Services, 2600 N Central Ave., STE MS 102, Phoenix, AZ 85004: or email to Charlene.Toledo@ bia.gov. 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 60day 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. E:\FR\FM\30MRN1.SGM 30MRN1 amozie on DSK30RV082PROD with NOTICES 13776 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices 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 VerDate Sep<11>2014 18:57 Mar 29, 2018 Jkt 244001 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/ A0A501010.999900253G; OMB Control Number 1076–0182] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Sovereignty in Indian Education Grant Program Bureau of Indian Affairs, Interior. ACTION: Notice of information collection; request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Education (BIE) 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 OIRA_Submission@omb.eop.gov; or via facsimile to (202) 395–5806. Please provide a copy of your comments Dr. Maureen Lesky, Bureau of Indian Education, 1011 Indian School Road NW, Albuquerque, NM 87104; or by email to Maureen.Lesky@bie.edu. Please reference OMB Control Number 1076– 0182 in the subject line of your comments. FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Dr. Maureen Lesky by email at Maureen.Lesky@bie.edu, or by telephone at (505) 563–5397. 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 60day public comment period soliciting comments on this collection of information was published on January 23, 2018 (83 FR 3182). No comments were received. SUMMARY: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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 BIE; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIE enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIE 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: Indian Tribes and Tribal Organizations may submit proposals to support their efforts to take control and operate BIE-funded schools located on the tribe’s reservation. Each proposal must include a project narrative, a budget narrative, a work plan outline, and a Project Director to manage the execution of the grant. The Project Directors will participate in monthly collaboration meetings, submit quarterly budget updates, ensure an annual report is submitted at the end of each project year, and ultimately ensure that the tribal education agency fulfills the obligations of the grant. Title of Collection: Sovereignty in Indian Education Grant Program. OMB Control Number: 1076–0182. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Indian Tribes and/or Tribal Education Departments. Total Estimated Number of Annual Respondents: 11 per year. Total Estimated Number of Annual Responses: 198 per year. Estimated Completion Time per Response: Ranges from 1 hour to 40 hours. Total Estimated Number of Annual Burden Hours: 682 hours. Respondent’s Obligation: Required to Obtain a Benefit. Frequency of Collection: Proposals and Annual reports once per year and E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13775-13776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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