Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
TLOA_PRA Justification for Approval of Collection as an Emergency rev.doc	Supplementary Document	Uploaded 2011-09-26	Available
1105-NEW_Supporting_Statement_for_TLOA_2011_9-22-11[1].doc	Supporting Statement A	Uploaded 2011-09-27	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
199308	Assumption of Concurrent Federal Criminal Jurisdiction in Certain Area of Indian Country		New

ICR Details

OMB Control No: 1105-0091	ICR Reference No: 201109-1105-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOJ/LA	Agency Tracking No:
Title: Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/30/2011
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/27/2011
	Date Received in OIRA: 09/20/2011
Terms of Clearance: For this collection to be valid after 6 months, the agency is reminded that it will need to seek public comment for 60 days and publish a notice seeking comment for 30 days prior to requesting OMB approval.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2012	6 Months From Approved
Responses	350	0	0
Time Burden (Hours)	28,000	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This rule establishes the procedures for an Indian tribe that is subject to Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide whether to consent to such a request.

Emergency Justfication: Justification for Approval of Collection as an Emergency The Tribal Law and Order Act of 2010 (TLOA), Pub. L. 111-211, 124 Stat. 2261, was signed into law on July 29, 2010. The purpose of the TLOA is to help the Federal Government and tribal governments better address the unique public-safety challenges that confront tribal communities. Section 221(b) of the new law, now codified at 18 U.S.C. 1162(d), permits an Indian tribe with Indian country subject to State criminal jurisdiction under Public Law 280 to request that the United States accept concurrent jurisdiction to prosecute violations of the General Crimes Act and the Major Crimes Act within that tribe’s Indian country. Within a few months of enactment of the TLOA, at least three Indian tribes had requested in writing that the Attorney General consent to the assumption of concurrent Federal criminal jurisdiction within the Indian country of the tribe. The proposed collection was published in the Federal Register along with a proposed rule to establish the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe’s Indian country, and for the Attorney General to decide whether to consent to such a request. 76 Fed. Reg. 29675 (May 23, 2011). No comments were received as to the collection during the 45-day comment period for the rule. The Department of Justice has submitted a draft final rule for expedited OMB review. Under the draft final rule, tribal requests for assumption of concurrent Federal criminal jurisdiction will be accepted by the Department beginning 30 days after publication of the final rule in the Federal Register. The Department also commits to make a decision within five months of receiving a request, if feasible. Among the criteria for deciding whether to consent to such a request are: (1) Whether consenting to the request will improve public safety and criminal law enforcement and reduce crime in the Indian country of the requesting tribe. (2) Whether consenting to the request will increase the availability of law enforcement resources for the requesting tribe, its members, and other residents of the tribe’s Indian country. (3) Whether consenting to the request will improve access to judicial resources for the requesting tribe, its members, and other residents of the tribe’s Indian country. (4) Whether consenting to the request will improve access to detention and correctional resources for the requesting tribe, its members, and other residents of the tribe’s Indian country. Both the requests and decisions are driven by serious public safety concerns. Delaying further the date on which the Department will begin to receive and process these requests is not in the public interest.

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Authorizing Statute(s): US Code: 18 USC 1162(d) Name of Law: Tribal Law and Order Act of 2010
   PL: Pub.L. 111 - 211 (title II) Name of Law: Tribal Law and Order Act of 2010
   Statute at Large: 124 Stat. 2261 Name of Statute: Tribal Law and Order Act of 2010
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1105-AB38	Final or interim final rulemaking	76 FR 29675	05/23/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Assumption of Concurrent Federal Criminal Jurisdiction in Certain Area of Indian Country

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	350	0	0	350	0	0
Annual Time Burden (Hours)	28,000	0	0	28,000	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: New collection

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Annual Cost to Federal Government: $1,173,058

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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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: 09/20/2011

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