Tribal Probate Codes, 25 CFR 18

OMB Control No: 1076-0168	ICR Reference No: 200611-1076-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Tribal Probate Codes, 25 CFR 18
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 08/14/2007
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/20/2007
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval of the information collection at this time. Prior to the publication of the final rule, the agency must provide all comments on the recordkeeping and reporting requirements in the proposed rule, the agency response to these comments, and a summary of any changes to the information collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This part addresses the process for obtaining Secretarial approval of a tribal probate code and lists factors the Secretary will consider in reviewing the tribal probate code for approval as it relates to governing the descent and distribution of trust and restricted lands located within the tribe's jurisdiction.

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Authorizing Statute(s): PL: Pub.L. 108 - 374 5 Name of Law: American Indian Probate Reform Act of 2004

Citations for New Statutory Requirements: PL: Pub.L. 108 - 374 5 Name of Law: American Indian Probate Reform Act of 2004

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1076-AE59	Proposed rulemaking	71 FR 45174	08/08/2006

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 3377	01/25/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name tribal codes submitted for review

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: When tribal probate codes govern the descent and distribution of trust and restricted lands, they must be submitted to the Secretary of the Interior for approval. This will ensure that the codes promote the policies of the Indian Land Consolidation Act, including consolidating fractional interests into usable parcels, preventing further fractionation, allowing lineal descendants and Indian non-tribal members to inherit, allowing life estates, and payment of fair market value for probated lands.

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Annual Cost to Federal Government: $12,125

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Michele Singer 202 273-4680

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 07/20/2007

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