Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, 67484-67485 [2022-24312]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67484-67485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24312]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[2231A2100DD/AAKC001030/A0A501010.999900; OMB Control Number 1076-0111]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Payment for 
Appointed Counsel in Involuntary Indian Child Custody Proceedings in 
State Courts

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the Bureau of Indian Affairs (BIA), are proposing to renew an 
information collection with revisions.

DATES: Interested persons are invited to submit comments on or before 
December 8, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function. Please provide a 
copy of your comments to Steven Mullen, Information Collection 
Clearance Officer, Office of Regulatory Affairs and Collaborative 
Action--Indian Affairs, U.S. Department of the Interior, 1001 Indian 
School Road NW, Suite 229, Albuquerque, New Mexico 87104; or by email 
to [email protected]. Please reference OMB Control Number 1076-0111 in 
the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, please contact Johnna Blackhair, Acting Deputy Bureau 
Director, Indian Services, BIA by email at [email protected] or 
by telephone at (202) 513-7641. Individuals in the United States who 
are deaf, deafblind, hard of hearing, or have a speech disability may 
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. You may also view the ICR at https://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 
June 16, 2022 (87 FR 36342). We received one comment.
    Comment: The Bureau should adopt forms to assist courts and 
attorneys in claiming payment. The provisions for payment of appointed 
counsel in ICWA cases should be expanded to include counsel for Tribes 
that can demonstrate a financial need. In the request for comment, it 
states that the Bureau receives two requests for payment from state 
courts per year under the section and estimates that the total annual 
time burden on state courts for these requests is six hours. Two 
applications for funding annually from throughout the country indicates 
that very little use is being made of the procedures set out in the 
regulations. If payment for appointed counsel is expanded, the process 
for appointment of counsel for tribes should be consistent with tribal 
sovereignty and autonomy. Congress should appropriate realistic funding 
for requests for reimbursement for the costs of appointed counsel. The 
Federal government should also consider allowing states to use funding 
provided under title IV-E of the Social Security Act to support 
providing appointed counsel to tribes to participate in cases governed 
by the Indian Child Welfare Act.
    Agency Response to Comment: BIA appreciates this feedback and 
proposes to revise this information collection with a form to assist 
courts and attorneys in claiming payment.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we are again soliciting comments from the public and other 
Federal agencies on the proposed ICR that is described below. We are 
especially interested in public comment addressing the following:
    (1) Whether the collection of information is necessary for the 
proper

[[Page 67485]]

performance of the functions of the agency, including whether the 
information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might the agency 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 technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    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 BIA is seeking renewal of the approval for the 
information collection conducted under 25 CFR 23.13, implementing the 
Indian Child Welfare Act (25 U.S.C. 1901 et seq.). The information 
collection allows BIA to receive written requests by State courts that 
appoint counsel for an indigent Indian parent or Indian custodian in an 
involuntary Indian child custody proceeding when appointment of counsel 
is not authorized by State law. The applicable BIA Regional Director 
uses this information to decide whether to certify that the client in 
the notice is eligible to have his/her counsel compensated by the BIA 
in accordance with the Indian Child Welfare Act.

Proposed Revisions

    BIA proposes to revise this information collection with a form to 
assist courts and attorneys in claiming payment.
    Title of Collection: Payment for Appointed Counsel in Involuntary 
Indian Child Custody Proceedings in State Courts.
    OMB Control Number: 1076-0111.
    Form Number: None.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: State courts.
    Total Estimated Number of Annual Respondents: Two (2) per year.
    Total Estimated Number of Annual Responses: Two (2) per year.
    Estimated Completion Time per Response: Two (2) hours for reporting 
and one (1) for recordkeeping.
    Total Estimated Number of Annual Burden Hours: Six (6) hours.
    Respondent's Obligation: Required to obtain a benefit.
    Frequency of Collection: On occasion.
    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.).

Steven Mullen,
Information Collection Clearance Officer, Office of Regulatory Affairs 
and Collaborative Action--Indian Affairs.
[FR Doc. 2022-24312 Filed 11-7-22; 8:45 am]
BILLING CODE 4337-15-P