Agency Information Collection Activities; Law and Order on Indian Reservations-Marriage and Dissolution Applications, 13773-13774 [2018-06440]

Download as PDF amozie on DSK30RV082PROD with NOTICES Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices 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 October 16, 2017 (82 FR 48112). 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 Assistant Secretary— Indian Affairs is seeking renewal of the approval for the information collection conducted under 25 CFR 293, Class III Tribal-State Gaming Compact Process and the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2710(d)(8)(A), (B) and (C), which authorizes the Secretary to approve, disapprove or ‘‘consider approved’’ (i.e., deemed approved) a tribal state gaming compact or compact amendment and publish notice of that approval or considered approval in the Federal Register. The information collected includes tribal-state compacts or compact amendments entered into by Indian tribes and State governments. The Secretary of the Interior reviews this information and may approve, disapprove or consider the compact approved. Title of Collection: Class III TribalState Gaming Compact Process. OMB Control Number: 1076–0172. Form Number: None VerDate Sep<11>2014 18:57 Mar 29, 2018 Jkt 244001 Type of Review: Extension without change of currently approved collection. Respondents/Affected Public: Indian tribes and State governments. Total Estimated Number of Annual Respondents: 40 per year. Total Estimated Number of Annual Responses: 40 per year. Estimated Completion Time per Response: 200 hours. Total Estimated Number of Annual Burden Hours: 8,000 hours. Respondent’s Obligation: Required to obtain a benefit. Frequency of Collection: One time. 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. 2018–06433 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 1076–0094] Agency Information Collection Activities; Law and Order on Indian Reservations—Marriage and Dissolution Applications 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 May 29, 2018. ADDRESSES: Send your comments on this information collection request (ICR) by mail to Ms. Tricia Tingle, Associate Director, Tribal Justice Support Directorate at 1849 C Street NW, MS– 2603 MIB, Washington, DC 20240 or by email to Tricia.Tingle@bia.gov. Please reference OMB Control Number 1076– 0094 in the subject line of your comments. DATES: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 13773 To request additional information about this ICR, contact Ms. Tricia Tingle by email at Tricia.Tingle@bia.gov. 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. We are 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. We will include or summarize each comment in our request to OMB to approve this ICR. 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 Bureau of Indian Affairs (BIA) is seeking renewal of the approval for the information collection conducted under 25 CFR 11.600(c) and 11.606(c). This information collection allows the Clerk of the Court of Indian Offenses to collect personal information necessary for a Court of Indian Offenses to issue a marriage license or dissolve a marriage. 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, 9, and 13, which authorize appropriations for ‘‘Indian judges.’’ The courts provide for the administration of justice for Indian tribes in those areas where the tribes FOR FURTHER INFORMATION CONTACT: E:\FR\FM\30MRN1.SGM 30MRN1 amozie on DSK30RV082PROD with NOTICES 13774 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices retain jurisdiction over Indians, exclusive of State jurisdiction, but where tribal courts have not been established to exercise that jurisdiction and the tribes has, by resolution or constitutional amendment, chosen to use the Court of Indian Offenses. Accordingly, Courts of Indian Offenses exercise jurisdiction under 25 CFR 11. Domestic relations are governed by 25 CFR 11.600, which authorizes the Court of Indian Offenses to conduct and dissolve marriages. In order to obtain a marriage licenses in a Court of Indian Offenses, applicants must provide the six items of information listed in 25 CFR 11.600(c), including identifying information, such a Social Security number, information on previous marriage, relationship to the other applicant, and a certificate of the results of any medical examination required by 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. To dissolve a marriage, applicants must provide the six items of information listed in 25 CFR 11.606(c), including information on occupation and residency (to establish jurisdiction), information on whether the parties have lives apart for at least 180 days or if there is serious marital discord warranting dissolution, and information on the children of the marriage and whether the wife is pregnant (for the court to determine the appropriate level of support that may be required from the non-custodial parent). (25 CFR 11.601) Two forms are used as part of this information collection, the Marriage License Application and the Dissolution of Marriage Application. Title of Collection: Law and Order on Indian Reservations—Marriage & Dissolution Applications. OMB Control Number: 1076–0094. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Individuals. Total Estimated Number of Annual Respondents: 260 per year, on average. Total Estimated Number of Annual Responses: 260 per year, on average. Estimated Completion Time per Response: 15 minutes. Total Estimated Number of Annual Burden Hours: 65 hours. Respondent’s Obligation: Required to Obtain or Retain a Benefit. Frequency of Collection: On occasion. Total Estimated Annual Nonhour Burden Cost: $6,500 (approximately $25 per application for processing fees). An agency may not conduct or sponsor and a person is not required to VerDate Sep<11>2014 18:57 Mar 29, 2018 Jkt 244001 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 26, 2018. Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. [FR Doc. 2018–06440 Filed 3–29–18; 8:45 am] leases. The Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department’s leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the Lummi Tribe of the Lummi Indian Reservation. BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Lummi Tribe of the Lummi Indian Reservation Code of Laws, Trust Lands Leasing Code Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: On November 9, 2017, the Bureau of Indian Affairs (BIA) approved the Lummi Tribe of the Lummi Indian Reservation’s leasing regulations under the HEARTH Act. With this approval, the Tribe is authorized to enter into leases for business and residential purposes without BIA approval. FOR FURTHER INFORMATION CONTACT: Ms. Sharlene Round Face, Bureau of Indian Affairs, Division of Real Estate Services, 1849 C Street NW, MS–4642–MIB, Washington, DC 20240, at (202) 208– 3615. SUMMARY: SUPPLEMENTARY INFORMATION: I. Summary of the HEARTH Act The HEARTH (Helping Expedite and Advance Responsible Tribal Homeownership) Act of 2012 (the Act) makes a voluntary, alternative land leasing process available to Tribes, by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. 415. The Act authorizes Tribes to negotiate and enter into agricultural and business leases of Tribal trust lands with a primary term of 25 years, and up to two renewal terms of 25 years each, without the approval of the Secretary of the Interior. The Act also authorizes Tribes to enter into leases for residential, recreational, religious or educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating Tribes develop tribal leasing regulations, including an environmental review process, and then must obtain the Secretary’s approval of those regulations prior to entering into PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 II. Federal Preemption of State and Local Taxes The Department’s regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian Tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal government has a strong interest in promoting economic development, self-determination, and Tribal sovereignty. 77 FR 72,440, 77 FR 72,447–48 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of leaserelated interests and activities applies with equal force to leases entered into under tribal leasing regulations approved by the Federal government pursuant to the HEARTH Act. Section 5 of the Indian Reorganization Act, 25 U.S.C. 465, preempts State and local taxation of permanent improvements on trust land. Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973)). Similarly, section 465 preempts state taxation of rent payments by a lessee for leased trust lands, because ‘‘tax on the payment of rent is indistinguishable from an impermissible tax on the land.’’ See Seminole Tribe of Florida v. Stranburg, No. 14–14524, *13–*17, n.8 (11th Cir. 2015). In addition, as explained in the preamble to the revised leasing regulations at 25 CFR part 162, Federal courts have applied a balancing test to determine whether State and local taxation of nonIndians on the reservation is preempted. White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker balancing test, which is conducted against a backdrop of ‘‘traditional notions of Indian selfgovernment,’’ requires a particularized examination of the relevant State, E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13773-13774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06440]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAKC001030/A0A501010.999900 253G]; OMB Control Number 1076-
0094]


Agency Information Collection Activities; Law and Order on Indian 
Reservations--Marriage and Dissolution Applications

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 
May 29, 2018.

ADDRESSES: Send your comments on this information collection request 
(ICR) by mail to Ms. Tricia Tingle, Associate Director, Tribal Justice 
Support Directorate at 1849 C Street NW, MS-2603 MIB, Washington, DC 
20240 or by email to [email protected]. Please reference OMB 
Control Number 1076-0094 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Ms. Tricia Tingle by email at 
[email protected].

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.
    We are 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. We will include or summarize each comment in our request 
to OMB to approve this ICR. 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 Bureau of Indian Affairs (BIA) is seeking renewal of 
the approval for the information collection conducted under 25 CFR 
11.600(c) and 11.606(c). This information collection allows the Clerk 
of the Court of Indian Offenses to collect personal information 
necessary for a Court of Indian Offenses to issue a marriage license or 
dissolve a marriage. 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, 9, and 13, which 
authorize appropriations for ``Indian judges.'' The courts provide for 
the administration of justice for Indian tribes in those areas where 
the tribes

[[Page 13774]]

retain jurisdiction over Indians, exclusive of State jurisdiction, but 
where tribal courts have not been established to exercise that 
jurisdiction and the tribes has, by resolution or constitutional 
amendment, chosen to use the Court of Indian Offenses. Accordingly, 
Courts of Indian Offenses exercise jurisdiction under 25 CFR 11. 
Domestic relations are governed by 25 CFR 11.600, which authorizes the 
Court of Indian Offenses to conduct and dissolve marriages.
    In order to obtain a marriage licenses in a Court of Indian 
Offenses, applicants must provide the six items of information listed 
in 25 CFR 11.600(c), including identifying information, such a Social 
Security number, information on previous marriage, relationship to the 
other applicant, and a certificate of the results of any medical 
examination required by 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. To dissolve a marriage, applicants must 
provide the six items of information listed in 25 CFR 11.606(c), 
including information on occupation and residency (to establish 
jurisdiction), information on whether the parties have lives apart for 
at least 180 days or if there is serious marital discord warranting 
dissolution, and information on the children of the marriage and 
whether the wife is pregnant (for the court to determine the 
appropriate level of support that may be required from the non-
custodial parent). (25 CFR 11.601) Two forms are used as part of this 
information collection, the Marriage License Application and the 
Dissolution of Marriage Application.
    Title of Collection: Law and Order on Indian Reservations--Marriage 
& Dissolution Applications.
    OMB Control Number: 1076-0094.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Individuals.
    Total Estimated Number of Annual Respondents: 260 per year, on 
average.
    Total Estimated Number of Annual Responses: 260 per year, on 
average.
    Estimated Completion Time per Response: 15 minutes.
    Total Estimated Number of Annual Burden Hours: 65 hours.
    Respondent's Obligation: Required to Obtain or Retain a Benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: $6,500 (approximately 
$25 per application for processing fees).
    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 26, 2018.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs.
[FR Doc. 2018-06440 Filed 3-29-18; 8:45 am]
 BILLING CODE 4337-15-P