60-Day Notice 0094 04092008

60-day Notice 0094 04092008.pdf

Law and Order on Indian Reservation 25 CFR 11.600(c), 606(c)

60-Day Notice 0094 04092008

OMB: 1076-0094

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Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Proposed Information Collection Under
the Paperwork Reduction Act,
Comment Request
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:

SUMMARY: The Bureau of Indian Affairs
(BIA) is seeking comments on the
renewal of OMB 1076–0094, Law and
Order on Indian Reservations which
concerns marriage and dissolution of
marriage in a Court of Indian Offenses.
This collection will expire in August
2008.
DATES: Submit comments on or before
June 9, 2008.
ADDRESSES: Send comments to Joseph
Little, 1001 Indian School Road,
Albuquerque, NM 87104. You may
contact Mr. Little at 505–563–3833.
FOR FURTHER INFORMATION CONTACT: You
may request further information or
obtain copies of the proposed
information collection request from Mr.
Joseph Little. You may contact Mr. Little
at 505–563–3833.
SUPPLEMENTARY INFORMATION:

I. Abstract
The Bureau of Indian Affairs,
Department of the Interior, must collect
personal information to carry out the
requirements of Title 25, section
11.600(c) Marriage, and Title 25, section
11.606(c) Dissolution of Marriage.
Information is collected by the Clerk of
the Court of Indian Offenses in order for
the Court to issue a marriage license or
dissolve a marriage. The information is
collected on a one-age application
requesting only the basic information
necessary for the Court to properly
dispose of the matter.

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II. Method of Collection
The information is collected on a onepage application for the marriage license
or for a dissolution of marriage.
III. Information Collected
Courts of Indian Offenses (CFR
Courts) have been established on certain
Indian Reservations under the authority
vested in the Secretary of the Interior by
5 U.S.C. 301, 25 U.S.C. 2 and 9, and 25
U.S.C. 13 which authorize
appropriations for ‘‘Indian judges.’’ See
Tillet v. Hodel, 730 F. Supp. 381 (W.D.
Okla. 1990), aff’d 931 F.2d 636 (10th
Cir. 1991), United States v. Clapox, 13
Sawy. 349, 35 F. 575 (D. Ore. 1888). The
CFR Courts provide adequate machinery
for the administration of justice for

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Indian tribes in those areas where tribes
retain jurisdiction over Indians and that
are exclusive of state jurisdiction but
where tribal courts have not been
established to exercise that jurisdiction.
Accordingly, CFR Courts exercise
jurisdiction under part 11 of Title 25 of
the Code for Federal Regulations.
Domestic relations are governed by 25
CFR 11.600, which authorizes the CFR
Court to conduct marriages and dissolve
marriages. In order to be married in a
CFR Court, a marriage license must be
obtained (25 CFR 11.600, 601). To
comply with this requirement, an
applicant must respond to the following
six questions found at 25 CFR 11.600(c):
(c) A marriage license application
shall include the following information;
(1) Name, sex, occupation, address,
social security number, and date and
place of birth for each party to the
proposed marriage;
(2) If either party was previously
married, his or her name, and the date,
place, and court in which the marriage
was dissolved or declared invalid or the
date and place of death of the former
spouse;
(3) Name and address of the parents
or guardian of each party;
(4) Whether the parties are related to
each other and, if so, their relationship;
(5) The name and date of birth of any
child of which both parties are parents,
born before the making of the
application, unless their parental rights
and the parent and child relationship
with respect to the child have been
terminated; and
(6) A certificate of the results of any
medical examination required by either
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.
For the purposes of § 11.600,
Marriage, information about the Social
Security Number is requested to confirm
identity. Previous marriage information
is requested to avoid multiple
simultaneous marriages, and to ensure
that any pre-existing legal relationships
are dissolved. Information on
consanguinity is requested to avoid
conflict with state or tribal laws against
marriages between parties who are
related by blood as defined in such
laws. Medical examination information
may be requested if required under the
laws of the state in which the Court of
Indian Offenses is located.
To comply with the requirement for
dissolution of marriage, an applicant
must respond to the following six
questions found at 25 CFR 11.606(c):
(1) The age, occupation, and length of
residence within the Indian country

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under the jurisdiction of the court for
each party;
(2) The date of the marriage and the
place at which it was registered;
(3) That jurisdictional requirements
are met an that the marriage is
irretrievably broken in that either (i) the
parties have lived separate and apart for
a period of more than 180 days next
preceding the commencement of the
proceeding or (ii) there is a serious
marital discord adversely affecting the
attitude of one or both of the parties
toward the marriage, and there is no
reasonable prospect of reconciliation;
(4) The names, age, and addresses of
all living children of the marriage and
whether the wife is pregnant;
(5) Any arrangement as to support,
custody, and visitation of the children
and maintenance of a spouse; and
(6) The relief sought.
For the purposes of § 11.606,
Dissolution proceedings, information on
occupation and residency is necessary
to establish court jurisdiction.
Information on the status of the parties,
whether they have lived apart 180 days
or if there is serious marital discord
warranting dissolution, is necessary for
the court to determine if dissolution is
proper. Information on the children of
the marriage, their ages and whether the
wife is pregnant is necessary for the
court to determine the appropriate level
of support that may be required from the
non-custodial parent.
Description of the need for the
information and proposed use of the
information: The information is
submitted in order to obtain or retain a
benefit, namely, the issuance of a
marriage license or a decree of
dissolution of marriage from the Court
of Indian Offenses.
Affected entities: Indian applicants
that are under the jurisdiction of one of
the 24 established Courts of Indian
Offenses.
Estimated number of respondents:
Approximately 260 applications for a
marriage license or petition for
dissolution of marriage will be filed in
the 24 Courts of Indian Offenses
annually.
Proposed frequency of responses: On
occasion as needed.
Burden: The average burden of
submitting a marriage license or petition
for dissolution of marriage is 15 minutes
per application. The total annual burden
is estimated to be 65 hours.
Estimated cost: There are no costs to
consider, except estimated costs of
$100. per court annually, for the
material, supplies, and staff time
required by the Court of Indian
Offenses.

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Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices
IV. Request for Comments
The Bureau of Indian Affairs requests
your comments on this collection
concerning: (a) The necessity of this
information collection for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden (hours and cost) of the
collection of information, including the
validity of the methodology and
assumptions used; (c) ways we could
enhance the quality, utility and clarity
of the information to be collected; and
(d) ways we could minimize the burden
of the collection of the information on
the respondents, such as through the
use of automated collection techniques
or other forms of information
technology.
Please note that an agency may not
sponsor or request, and an individual
need not respond to, a collection of
information unless it has a valid OMB
Control Number. The OMB Control
Number for this collection is 1076–
0094.
Please note that all comments
received will be available for public
review 2 weeks after comment period
closes. Before including your address,
phone number, e-mail address or other
personally identifiable information, be
advised that your entire comment—
including your personally identifiable
information—may be made public at
any time. While you may request that
we withhold your personally
identifiable information, we cannot
guarantee that we will be able to do so.
We do not consider anonymous
comments. All comments from
representatives of businesses or
organizations will be made public in
their entirety. We may withhold
comments from review for other
reasons.
OMB Control Number: 1076–0094.
Type of review: Renewal.
Title: Title 25 CFR 11, Subpart F, Law
& Order on Indian Reservations.
Brief Description of collection: This
collection is required to obtain a benefit,
namely either a marriage license or a
dissolution of marriage. Details of
information are contained in Section III
Information Collected.
Respondents: Persons who reside on
land under the jurisdiction of a Court of
Indian Offenses.
Number of Respondents: 260.
Estimated Time per Response: 15
minutes.
Frequency of Response: On occasion.
Total Annual Burden to Respondents:
65 hours.
Total Annual Cost to Respondents:
Negligible.

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Dated: March 28, 2008.
Carl J. Artman,
Assistant Secretary—Indian Affairs.
[FR Doc. E8–7413 Filed 4–8–08; 8:45 am]
BILLING CODE 4310–4J–P

DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–MRM–0010]

Agency Information Collection
Activities: Proposed Collection,
Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0119).
AGENCY:

SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
The previous title of this information
collection request (ICR) was ‘‘30 CFR
Part 208—Sale of Federal Royalty Oil;
Sale of Federal Royalty Gas; and
Commercial Contracts (Forms MMS–
4070, Application for the Purchase of
Royalty Oil; MMS–4071, Letter of
Credit; and MMS–4072, Royalty-in-Kind
Contract Surety Bond).’’ The new title of
this ICR is ‘‘30 CFR Part 208, RIK Oil
and Gas.’’
DATES: Submit written comments on or
before June 9, 2008.
ADDRESSES: You may submit comments
by the following methods:
• Electronically go to http://
www.regulations.gov. In the ‘‘Comment
or Submission’’ column, enter ‘‘MMS–
2008–MRM–0010’’ to view supporting
and related materials for this ICR. Click
on ‘‘Send a comment or submission’’
link to submit public comments.
Information on using Regulations.gov,
including instructions for accessing
documents, submitting comments, and
viewing the docket after the close of the
comment period, is available through
the site’s ‘‘User Tips’’ link. All
comments submitted will be posted to
the docket.
• Mail comments to Armand
Southall, Regulatory Specialist,
Minerals Management Service, Minerals
Revenue Management, P.O. Box 25165,
MS 302B2, Denver, Colorado 80225.
Please reference ICR 1010–0119 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier

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address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling Blvd., Denver, Colorado
80225. Please reference ICR 1010–0119
in your comments.
FOR FURTHER INFORMATION CONTACT:
Armand Southall, telephone (303) 231–
3221, or e-mail
[email protected]. You may
also contact Armand Southall to obtain
copies, at no cost, of (1) The ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
information.
SUPPLEMENTARY INFORMATION:

Title: 30 CFR Part 208, RIK Oil and
Gas.
OMB Control Number: 1010–0119.
Bureau Form Number: Forms MMS–
4070, MMS–4071, and MMS–4072.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for matters relevant to mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). The Secretary, under the Mineral
Leasing Act of 1920 (30 U.S.C. 1923),
the Indian Mineral Development Act of
1982 (25 U.S.C. 2103), and the Outer
Continental Shelf Lands Act (43 U.S.C.
1353), is responsible for managing the
production of minerals from Federal
and Indian lands and the OCS,
collecting royalties and other mineral
revenues from lessees who produce
minerals, and distributing the funds
collected in accordance with applicable
laws. The MMS performs the mineral
revenue management functions for the
Secretary.
Public laws pertaining to mineral
revenues are on our Web site at http://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm. These public laws
and 30 CFR part 208, as well as specific
language in the actual lease documents,
authorize the Secretary to sell royalty oil
and gas accruing to the United States.
The standard lease terms state that
royalties are due in amount or in value.
In addition, these citations authorize the
Secretary to prescribe proper rules and
regulations and to do any and all things
necessary to accomplish the purpose of
applicable laws. The MMS directs
communications between MMS
operators and RIK purchasers through
commercial contracts, situation-specific
‘‘Dear Operator’’ letters, or, in the case
of eligible refiners, through regulations
at 30 CFR part 208.
General Information
The MMS is responsible for ensuring
that all revenues from Federal and
Indian mineral leases are accurately
collected and accounted for and
appropriately disbursed to recipients.

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2008-07-15
File Created2008-07-15

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