30-day FR Notice - Tribal Probate Codes

11-29-11.IC Renewal_30-Days_Tribal Probate Codes.pdf

Tribal Probate Codes, 25 CFR 18

30-day FR Notice - Tribal Probate Codes

OMB: 1076-0168

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Download: pdf | pdf
Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices
and provides the quickest and most
efficient vehicle for HUD to dispose of
the Mortgage Loans.

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Bidder Ineligibility
In order to bid in the 2012–1 sale as
a qualified bidder, a prospective bidder
must complete, execute and submit both
a Confidentiality Agreement and a
Qualification Statement acceptable to
HUD. If any of the following apply to (i)
A prospective bidder, (ii) the
prospective bidder’s significant (>10%)
owners and persons with authority or
control over the prospective bidder; (iii)
any individuals/entities related to the
prospective bidder (‘‘Related Entities’’
as defined below) or (iv) significant
(>10%) owners and person with
authority or control of such Related
Entities, then the prospective bidder is
ineligible to bid on any of the Mortgage
Loans included in SFLS 2012–1. Related
Entities, as used in this Notice, is
defined as: (a) two entities that have, (i)
significant common purposes and
substantial common membership or (ii)
directly or indirectly, substantial
common direction or control; or (b)
Either entity owns (directly or through
one or more entities) a 50 percent or
greater interest in the capital or profits
of the other. For this purpose, entities
treated as related entities under this
definition shall be treated as one entity.
1. An employee of HUD, a member of
such employee’s household, or an entity
owned or controlled by any such
employee or member of such an
employee’s household with household
to be inclusive of the employee’s father,
mother, stepfather, stepmother, brother,
sister, stepbrother, stepsister, son,
daughter, stepson, stepdaughter,
grandparent, grandson, granddaughter,
father-in-law, mother-in-law, brother-inlaw, sister-in-law, son-in-law, daughterin-law, first cousin, the spouse of any of
the foregoing, and the employee’s
spouse.
2. An individual or entity that is
currently debarred, suspended, or
excluded from doing business with
HUD pursuant to the Governmentwide
Suspension and Debarment regulations
at Title 2 of the Code of Federal
Regulations, Parts 180 and 2424;
3. An individual or entity that has
been suspended, debarred or otherwise
restricted by any Department or Agency
of the Federal Government or of a State
Government from doing business with
such Department or Agency;
4. An individual or entity that has
been debarred, suspended, or excluded
from doing mortgage related business,
including having a business license
suspended, surrendered or revoked, by

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any federal, state or local government
agency, division or department;
5. A contractor, subcontractor and/or
consultant or advisor (including any
agent, employee, partner, director,
principal or affiliate of any of the
foregoing) who performed services for or
on behalf of HUD in connection with
single family asset sales;
6. An individual or entity that uses
the services, directly or indirectly, of
any person or entity ineligible under
subparagraphs 1 through 3 above to
assist in preparing any of its bids on the
Mortgage Loans;
7. An individual or entity which
employs or uses the services of an
employee of HUD (other than in such
employee’s official capacity) who is
involved in single family asset sales;
8. An entity or individual that
serviced or held any Mortgage Loan at
any time during the 2-year period prior
to the Award Date is ineligible to bid on
such Mortgage Loan or on the pool
containing such Mortgage Loan;
9. An entity or individual that is: (a)
any affiliate or principal of any entity or
individual described in the preceding
sentence (sub-paragraph 8); (b) any
employee or subcontractor of such
entity or individual during that 2-year
period prior to Award Date; or (c) any
entity or individual that employs or
uses the services of any other entity or
individual described in this paragraph
in preparing its bid on such Mortgage
Loan; or
10. An entity that has had its right to
act as a Government National Mortgage
Association (Ginnie Mae) issuer and its
interest in mortgages backing Ginnie
Mae mortgage-backed securities
extinguished and terminated by Ginnie
Mae.
Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding SFLS 2012–1,
including, but not limited to, the
identity of any successful qualified
bidder and its bid price or bid
percentage for any pool of loans or
individual loan, upon the closing of the
sale of all the Mortgage Loans. Even if
HUD elects not to publicly disclose any
information relating to SFLS 2012–1,
HUD will have the right to disclose any
information that HUD is obligated to
disclose pursuant to the Freedom of
Information Act and all regulations
promulgated thereunder.
Scope of Notice
This notice applies to SFLS 2012–1
and does not establish HUD’s policy for
the sale of other mortgage loans.

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Dated: November 23, 2011.
Carol Galante,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner.
[FR Doc. 2011–30775 Filed 11–28–11; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Renewal of Agency Information
Collection for Tribal Probate Codes
Bureau of Indian Affairs,
Interior.
ACTION: Notice of submission to OMB.
AGENCIES:

In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs is submitting to
the Office of Management and Budget
(OMB) a request for renewal for the
collection of information titled ‘‘Tribal
Probate Codes.’’ The information
collection is currently authorized by
OMB Control Number 1076–0168,
which expires November 30, 2011.
DATES: Interested persons are invited to
submit comments on or before
December 29, 2011.
ADDRESSES: You may submit comments
on the information collection to the
Desk Officer for the Department of the
Interior at the Office of Management and
Budget, by facsimile to (202) 395–5806
or you may send an email to:
[email protected]. Please
send a copy of your comments to
Charlene Toledo, Bureau of Indian
Affairs, Director, Special Projects, BIA
Division of Probate Services, 2600 N
Central Ave STE MS102, Phoenix, AZ
85004; email: [email protected].
FOR FURTHER INFORMATION CONTACT:
Charlene Toledo (505) 563–3371. You
may review the ICR online at http://
www.reginfo.gov. Follow the
instructions to review Department of the
Interior collections under review by
OMB.
SUMMARY:

SUPPLEMENTARY INFORMATION:

I. Abstract
As sovereignties, federally recognized
tribes have the right to establish their
own probate codes. When those probate
codes govern the descent and
distribution of trust or restricted
property, they must be approved by the
Secretary of the Department of the
Interior. The American Indian Probate
Reform Act of 2004 (AIPRA)
amendments to the Indian Land
Consolidation Act, 25 U.S.C. 2201 et
seq, provides that any tribal probate
code, any amendment to a tribal probate

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Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices

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code, and any free-standing single heir
rule are subject to the approval of the
Secretary if they contain provisions
governing trust lands. This statute also
establishes the basics of review and
approval of tribal probate codes. This
information collection covers tribes’
submission of tribal probate codes,
amendments, and free-standing single
heir rules containing provisions
regarding trust lands to the Secretary for
approval. We are adjusting the
estimated number of respondents down
to 10, based on the number of
submissions received per year since
AIPRA was passed.
II. Request for Comments
The BIA requests that you send your
comments on this collection to the
location listed in the ADDRESSES section.
Your comments should address: (a) The
necessity of the information collection
for the proper performance of the
agencies, including whether the
information will have practical utility;
(b) the accuracy of our 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 conduct, and an individual
need not respond to, a collection of
information unless it has a valid OMB
Control Number. Approval for this
collection expires November 30, 2011.
Response to the information collection
is required to obtain a benefit.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section
during the hours of 9 a.m.–5 p.m.,
Eastern Time, Monday through Friday
except for legal holidays. Before
including your address, phone number,
email 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.
III. Data
OMB Control Number: 1076–0168.
Title: Tribal Probate Codes, 25 CFR
18.
Brief Description of Collection:
Submission of this information is

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required to comply with ILCA, as
amended by AIPRA, 25 U.S.C. 2201 et
seq., which provides that Indian tribes
must obtain Secretarial approval for all
tribal probate codes, amendments, and
free-standing single heir rules that
govern the descent and distribution of
trust or restricted lands.
Type of Review: Extension without
change of a currently approved
collection.
Respondents: Indian tribes.
Number of Respondents: 10 per year,
on average.
Total Number of Responses: One per
respondent, on occasion.
Estimated Time per Response: Onehalf hour.
Estimated Total Annual Burden: 5
hours.
Dated: November 10, 2011.
Alvin Foster,
Assistant Director for Information Resources.
[FR Doc. 2011–30646 Filed 11–28–11; 8:45 am]
BILLING CODE 4310–4J–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Renewal of Agency Information
Collection for Probate of Indian
Estates
Bureau of Indian Affairs,
Interior.
ACTION: Notice of submission to OMB.
AGENCIES:

In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs is submitting to
the Office of Management and Budget
(OMB) a request for renewal for the
collection of information titled ‘‘Probate
of Indian Estates, Except for Members of
the Osage Nation and the Five Civilized
Tribes.’’ The information collection is
currently authorized by OMB Control
Number 1076–0169, which expires
November 30, 2011.
DATES: Interested persons are invited to
submit comments on or before
December 29, 2011.
ADDRESSES: You may submit comments
on the information collection to the
Desk Officer for the Department of the
Interior at the Office of Management and
Budget, by facsimile to (202) 395–5806
or you may send an email to:
[email protected]. Please
send a copy of your comments to
Charlene Toledo, Bureau of Indian
Affairs, Director, Special Projects, BIA
Division of Probate Services, 2600 N
Central Ave STE MS102, Phoenix, AZ
85004; email: [email protected].
FOR FURTHER INFORMATION CONTACT:
Charlene Toledo, Bureau of Indian
SUMMARY:

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Affairs, Director, Special Projects, at
(505) 563–3371. You may review the
ICR online at http://www.reginfo.gov.
Follow the instructions to review
Department of the Interior collections
under review by OMB.
SUPPLEMENTARY INFORMATION:

I. Abstract
The Secretary of the Interior probates
the estates of individual Indians owning
trust or restricted property in
accordance with 25 U.S.C. 372, 373. In
order to compile the probate file, the
Bureau of Indian Affairs (BIA) must
obtain information regarding the
deceased from individuals and the tribe.
This renewal does not make any
adjustments to the estimated burden
hours or otherwise change the approved
information collection.
II. Request for Comments
The BIA requests that you send your
comments on this collection to the
location listed in the ADDRESSES section.
Your comments should address: (a) The
necessity of the information collection
for the proper performance of the
agencies, including whether the
information will have practical utility;
(b) the accuracy of our 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 conduct, and an individual
need not respond to, a collection of
information unless it has a valid OMB
Control Number. Approval for this
collection expires November 30, 2011.
Response to the information collection
is required to obtain a benefit.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section
during the hours of 9 a.m.–5 p.m.,
Eastern Time, Monday through Friday
except for legal holidays. Before
including your address, phone number,
email 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.

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