Information Collection Submitted to the Office of Management and Budget for Review Under the Paperwork Reduction Act

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Information Collection Submitted to the Office of Management and

Budget for Review Under the Paperwork Reduction Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice announces that the Bureau of Indian Affairs (BIA)

has submitted the proposed renewal of the information collection for

Payment for Appointed Counsel in Involuntary Indian Child Custody

Proceedings in State Courts, codified at 25 CFR Part 23.13, to the

Office of Management and Budget (OMB) for approval under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.). On February 19, 1997, BIA

published a notice in the Federal Register (62 FR 7470) requesting

public comments on the proposed information collection. The comment

period ended on April 21, 1997. BIA received no comments from the

public in response to the notice.

FOR FURTHER INFORMATION CONTACT: Copies of the proposed information

collection and explanatory materials may be obtained by contacting

Larry Blair, Bureau of Indian Affairs (Bureau), Department of the

Interior, 1849 C Street, NW, MS-4603 MIB, Washington, D.C. 20240, (202)

208-2721.

DATES: OMB is required to respond to this request within 60 days of

publication of this notice on or before September 2, 1997 but may

respond after 30 days. For maximum consideration, your comments should

be submitted by August 1, 1997.

ADDRESSES: Your comments and suggestions on the requirements should be

made directly to the Office of Management and Budget, Interior

Department Desk Officer (1076-0111), Office of Information and

Regulatory Affairs, Washington, D.C. 20503, (202) 395-7340. Please

provide a copy of your comments to Larry Blair, Bureau of Indian

Affairs, Office of Tribal Services, 1849 C St., NW, MS-4603 MIB,

Washington, D.C. 20240, (202) 208-2721.

SUPPLEMENTARY INFORMATION:

I. Abstract

A state court that appoints counsel for an indigent Indian parent

or Indian custodian in an involuntary Indian child custody proceeding

in a state court for which appointment of counsel is not authorized by

state law shall send written notice to the Bureau. The cognizant Bureau

Area Director, using this information, can certify if the client in the

notice is eligible to have his counsel compensated by the Bureau in

accordance with the Indian Child Welfare Act, Public Law 95-608.

II. Method of Collection

The following information is collected in a notice from state

courts in order to certify payment of appointed counsel in involuntary

Indian child custody proceedings. The information collected and the

reasons for the collection are listed below:

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Information collected Reason for collection

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(a) Name, address and telephone number (a) To identify attorney

of attorney appointed;. appointed as counsel/and

method of contact;

(b) Name and address of client for whom (b) To identify indigent party

counsel is appointed;. in an Indian child custody

proceeding for whom counsel is

appointed;

(c) Applicant's relationship to child;. (c) To determine if the person

is eligible for payment of

attorney fees as specified in

Public Law 95-608;

(d) Name of Indian child's tribe....... (d) To determine if the child

is a member of a federally

recognized tribe and is

covered by the Indian Child

Welfare Act (ICWA);

(e) Copy of petition or complaint...... (e) To determine if this

custody proceeding is covered

by the ICWA;

(f) Certification by the court that (f) To determine if other state

state law does not provide for laws provide for such

appointment of counsel in such appointment of counsel and to

proceedings;. prevent duplication of effort;

(g) Certification by the court that the (g) To determine if the client

Indian client is indigent;. has resources to pay for

counsel;

(h) The amount of payments due counsel (h) To determine if the amount

utilizing the same procedures used to of payment due appointed

determine expenses in juvenile counsel is based on state

delinquency proceedings;. court standards in juvenile

delinquency proceedings;

(i) Approved vouchers with court (I) To determine the amount of

certification that the amount payment considered reasonable

requested is reasonable considering in accordance with state

the work and the criteria used for standards for a particular

determining fees and expenses for case.

juvenile delinquency proceedings.

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Proposed use of the information: The information collected will be

used by the respective Bureau Area Director to determine: (a) If an

individual Indian involved in an Indian child custody proceeding is

eligible for payment of appointed counsel's attorney fees, (b) If any

state statutes provide for coverage of attorney fees under these

circumstances,

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(c) The state standards for payment of attorney fees in juvenile

delinquency proceedings, (d) The name of the attorney, and his actual

voucher certified by the court for the work completed on a preapproved

case. This information is required for payment of appointed counsel as

authorized by Public Law 95-608.

III. Request for Comments

We specifically request your comments on the following:

1. Whether the collection of information is necessary for the

proper performance of the functions of the BIA, including whether the

information will have practical utility;

2. The accuracy of the Bureau's estimate of the burden of the

information collection, including the validity of the methodology and

assumptions used;

3. The quality, utility and clarity of the information to be

collected; and

4. How to minimize the burden of the information collection on

those who are to respond, including the use of appropriate automated

electronic, mechanical or other forms of information technology.

IV. Data

Title of the Collection of Information: Department of the Interior,

Bureau of Indian Affairs, Payment for Appointed Counsel in Involuntary

Indian Child Custody Proceedings in State Courts.

OMB Number: 1076-0111.

Affected Entities: State Courts and individual Indians eligible for

payment of attorney fees pursuant to 25 CFR 23.13.

Frequency of response: Once.

Estimated number of annual responses: 4.

Estimated annual reporting and record keeping burden that will

result from the Reporting: 2 hours/response x 4 respondents = 8

hours.

Recordkeeping: 1 hour/response x 4 respondents=4 hours.

Estimated Total Annual Burden Hours: 12 hours.

Dated: June 23, 1997.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 97-17383 Filed 7-1-97; 8:45 am]

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