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.
Inventory as of this Action
Requested
Previously Approved
03/31/2012
6 Months From Approved
350
0
0
28,000
0
0
0
0
0
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.
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 tribes
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 tribes 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 tribes 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 tribes
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 tribes 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.
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
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:
(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;
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.
TLOA_PRA Justification for Approval of Collection as an Emergency rev.doc
Assumption of Concurrent Federal Criminal Jurisdiction in Certain Area of Indian Country