Probate of Indian Estates, except for Members of the Osage Nation and the Five Civilized Tribes, 25 CFR 15

Forms and Documents

Document Name	Status
11-29-11. IC Renewal_30 Days_Probate of Indian Estates.pdf Supplementary Document	2011-11-29
Supporting Statement - Probate of Indian Estates.docx Supporting Statement A	2011-11-17
07-21-11.60-Day ICR Probate of Indian Estate.pdf Supplementary Document	2011-11-17
PubLaw108-374.pdf Supplementary Document	2007-02-07

IC Document Collections

IC ID	Document Title	Status
46058	Provide tribal information for probate file 25 CFR 15.203	Modified
46057	Provide information on creditor claim 25 CFR 15.305	Unchanged
46056	Provide probate documents 25 CFR 15.105	Unchanged
46055	Reporting funeral expenses 25 CFR 15.301	Unchanged
46054	Witness affidavit for self-proving will 25 CFR 15.9	Unchanged
46053	Reporting requirements 25 CFR 15.104	Unchanged
46048	Testator affidavit for self-proving will 25 CFR 15.9	Modified

ICR Details

OMB Control No: 1076-0169	ICR Reference No: 201111-1076-003
Status: Historical Active	Previous ICR Reference No: 200808-1076-001
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Probate of Indian Estates, except for Members of the Osage Nation and the Five Civilized Tribes, 25 CFR 15
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/17/2012
	Date Received in OIRA: 11/29/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2015	36 Months From Approved	02/29/2012
Responses	76,685	0	76,655
Time Burden (Hours)	1,037,493	0	1,037,433
Cost Burden (Dollars)	0	0	0

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Abstract: This part describes the authorities, policies, and procedures that the BIA, or self-determination contractors, follow to fulfill probate functions used to prepare a probate file for an Indian decedent's trust estate, except for restricted land derived from allotments made to members of the Five Civilized Tribes.

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Authorizing Statute(s): US Code: 25 USC 4021 et seq Name of Law: Trust Management Reform Act of 1994
   US Code: 25 USC 2201 et seq Name of Law: American Indian Probate Reform Act of 2004
  

Citations for New Statutory Requirements: PL: Pub.L. 108 - 374 1-10 Name of Law: American Indian Probate Reform Act of 2004

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 43702	07/21/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 73656	11/29/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Provide probate documents 25 CFR 15.105
Reporting requirements 25 CFR 15.104
Testator affidavit for self-proving will 25 CFR 15.9
Witness affidavit for self-proving will 25 CFR 15.9
Provide information on creditor claim 25 CFR 15.305
Provide tribal information for probate file 25 CFR 15.203
Reporting funeral expenses 25 CFR 15.301

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ICR Summary 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	76,685	76,655	0	0	30	0
Annual Time Burden (Hours)	1,037,493	1,037,433	0	0	60	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: Adjustments were made to the number of respondents for the information collection associated with section 15.203, to reflect that three more tribes were Federally recognized since the last OMB approval. This change has increased the number of responses by 30 and has increased the number of burden hours by 60.

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Annual Cost to Federal Government: $72,938,449

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: 11/29/2011

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