30-day FR Notice

2-3-15.Renewal Agency IC_Tribal Probate Codes (30-day).pdf

Tribal Probate Codes

30-day FR Notice

OMB: 1076-0168

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Download: pdf | pdf
Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Notices
Officer, U.S. Geological Survey, 12201
Sunrise Valley Drive MS 807, Reston,
VA 20192 (mail); (703) 648–7197 (fax);
or [email protected] (email).
Please reference ‘Information Collection
1028–0048, USGS Earthquake Data
Report’ in all correspondence.
FOR FURTHER INFORMATION CONTACT:
David Wald, (303) 273–8441, wald@
usgs.gov.
SUPPLEMENTARY INFORMATION:

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I. Abstract
The U.S. Geological Survey is
required to collect, evaluate, publish
and distribute information concerning
earthquakes. Respondents have an
opportunity to voluntarily supply
information concerning the effects of
shaking from an earthquake—on
themselves, buildings, other man-made
structures, and ground effects such as
faulting or landslides. Respondents’
observations are interpreted in terms of
numbers that measure the strength of
shaking, and the resulting numbers are
displayed on maps that are viewable
from USGS earthquake Web sites.
Observations are submitted via the Felt
Report questionnaire accessed from the
USGS Did You Feel It? Earthquake Web
pages, and may be submitted via
computer or mobile phone. Respondents
are asked to provide information on the
location to which the report pertains.
The locations may, at the respondent’s
option, be given imprecisely (city-name
or postal Zip Code) or precisely (street
address, geographic coordinates, or
current location determined by the
user’s mobile phone). Low resolution
maps of shaking based on both precise
and imprecise observations are
published for all earthquakes for which
observations are submitted. For
earthquakes felt by many respondents,
the observations that are associated with
more precise locations are used in the
preparation of higher resolution maps of
earthquake shaking.
We will protect information from
respondents considered proprietary
under the Freedom of Information Act
(5 U.S.C. 552) and implementing
regulations (43 CFR part 2), and under
regulations at 30 CFR 250.197, ‘‘Data
and information to be made available to
the public or for limited inspection.’’
Responses are voluntary. No questions
of a ‘‘sensitive’’ nature are asked. We
will release data collected on these
forms only in formats that do not
include proprietary information
volunteered by respondents.
II. Data
OMB Control Number: 1028–0048.
Form Number: 1028–0048.

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Title: Earthquake Report (Did You
Feel It? Earthquake).
Type of Request: Revision of a
currently approved collection.
Affected Public: General Public.
Respondent’s Obligation: None.
Participation is voluntary.
Frequency of Collection: On occasion,
after each earthquake.
Estimated Total Number of Annual
Responses: Approximately 300,000
individuals, based on past experience,
but strongly dependent on the number
of moderate or large earthquakes
occurring near population centers,
which cannot be known in advance.
Estimated Time per Response: Six
minutes, on average.
Estimated Annual Burden Hours:
30,000 hours.
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: There are no ‘‘non-hour cost’’
burdens associated with this IC.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor and
you are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number and current expiration date.
III. Request for Comments
We are soliciting comments as to: (a)
Whether the proposed collection of
information is necessary for the agency
to perform its duties, including whether
the information is useful; (b) the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) ways to enhance the
quality, usefulness, and clarity of the
information to be collected; and (d) how
to minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Please note that the comments
submitted in response to this notice are
a matter of public record. Before
including your personal mailing
address, phone number, email address,
or other personally identifiable
information in your comment, you
should be aware that your entire
comment, including your personally
identifiable information, may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personally identifiable
information from public view, we
cannot guarantee that we will be able to
do so.
Linda Pratt,
Geologic Hazards Science Center, Associate
Director.
[FR Doc. 2015–02073 Filed 2–2–15; 8:45 am]
BILLING CODE 4311–AM–P

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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[145A2100DD AAK4000000
A0R9B0000.999900]

Renewal of Agency Information
Collection for Tribal Probate Codes
Bureau of Indian Affairs,
Interior.
ACTION: Notice of submission to OMB.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs (BIA) 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 February 28,
2015.
DATES: Interested persons are invited to
submit comments on or before March 5,
2015.
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: OIRA_
[email protected]. Please send a
copy of your comments to Charlene
Toledo, Bureau of Indian Affairs, Office
of Trust Services, Division of Probate
Services 2600 N Central Ave STE MS
102, Phoenix, AZ 85004:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Charlene Toledo, (505) 563.3371. You
may review the information collection
request 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
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

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Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Notices

establishes the basic 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. There are no changes being
made to this information collection.
II. Request for Comments
On October 28, 2014, the BIA
published a notice announcing the
renewal of this information collection
and provided a 60-day comment period
in the Federal Register (79 FR 64210).
There were no comments received in
response to this notice.
The BIA 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.
Please note that an agency may not
conduct or sponsor, and an individual
need not respond to, a collection of
information unless it displays a valid
OMB Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section.
Before including your address, phone
number, email address or other
personally identifiable information in
your comment, you should be aware
that your entire comment—including
your personal identifying information—
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.

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III. Data
OMB Control Number: 1076–0168.
Title: Tribal Probate Codes.
Brief Description of Collection:
Submission of information is 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.

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Type of Review: Extension without
change of currently approved collection.
Respondents: Indian tribes.
Number of Respondents: 10 per year,
on average.
Frequency of Response: One per
respondent, on occasion.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Hour Burden:
5 hours.
Estimated Total Annual Non-Hour
Dollar Cost: $0.
Dated: January 28, 2015.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2015–02000 Filed 2–2–15; 8:45 am]
BILLING CODE 4310–W7–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[145A21000DDAAK3000000/
A0T00000.00000]

Pueblo of Acoma—Title 19—Alcoholic
Beverage Sales Law of the Pueblo of
Acoma
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:

This notice publishes the
Alcoholic Beverage Sales Law of the
Pueblo of Acoma. The Law regulates
and controls the possession, sale and
consumption of liquor within the
Pueblo of Acoma. The Law will increase
the ability of the Pueblo of Acoma to
control the distribution and possession
of liquor within their Reservation and
Indian country, provide an important
source of revenue, and improve the
tribal government’s capacity to deliver
tribal services.
DATES: Effective Date: This law is
effective February 3, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Riley, Acting Tribal Government
Officer, Southwest Regional Office,
Bureau of Indian Affairs, 1011 Indian
School Road NW., Suite 254,
Albuquerque NM 87104; Telephone:
(505) 563–3114; Fax: (505) 563–3101, or
Ms. Laurel Iron Cloud, Bureau of Indian
Affairs, Office of Indian Services, 1849
C Street NW., MS–4513–MIB,
Washington, DC 20240; Telephone:
(202) 513–7641.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
SUMMARY:

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certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Pueblo of Acoma Tribal Council
duly adopted this law by Resolution No.
TC–JUL–22–14 VIa on July 22, 2014.
The Indian Civil Rights Act (ICRA)
provides that no Indian tribe in
exercising powers of self-government
shall deny to any person within its
jurisdiction the equal protection of its
laws or deprive any person of liberty or
property without due process of law. 25
U.S.C. 1302(8). The U.S. Supreme Court
and 10th Circuit have determined that a
license, such as a liquor license or a
server permit, is a property interest and
that the process by which a government
revokes a license must provide the
licensee notice and an opportunity to be
heard prior to revocation. Bell v.
Burson, 402 U.S. 535, 539 (1971);
Stidham v. Peace Officer Stds. &
Training, 265 F.3d 1144, 1150 (10th Cir.
2001).
The Acoma Beverage Sales Law
published herein states that,
‘‘Notwithstanding any other provision
of this Law, a License or Permit issued
hereunder shall not be deemed a
property right or vested right of any
kind.’’ 19–7–6. This statement is
contrary to the weight of Federal law,
but does not have substantive effect on
the rights of licensees and permittees.
The substantive provision at 19–7–4
expressly provides that ‘‘Revocation of a
License or Server Permit will occur only
following an opportunity for a hearing
before the Tribal Court.’’ I certify the
Law even though it says that licenses
and permits shall not be considered
property rights, because the due process
rights of licensees and permittees are
protected under 19–7–4 and in light of
the severability provision at 19–14–1.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that the Pueblo of Acoma Tribal
Council duly adopted the Alcoholic
Beverage Sales Law of the Pueblo of
Acoma by Resolution No. TC–JUL–22–
14 VIa on July 22, 2014.
Dated: January 22, 2015.
Kevin Washburn,
Assistant Secretary—Indian Affairs.

The Pueblo of Acoma Alcoholic
Beverage Sales Law follows:
Chapter 1. Introduction
19–1–1 Title. The title of this law
shall be the Alcoholic Beverage Sales
Law of the Pueblo of Acoma.
19–1–2 Authority. This law is being
passed and enacted in accordance with

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