Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, 25 CFR 23.13

Forms and Documents

Document Name	Status
5-31-16.Renewal of Agency IC for Appointed Counsel Child Custody Proceedings_30 days.pdf Supplementary Document	2016-05-31
Payment for Appointed Counsel 1076-0111 SS 2016 5-17-16.doc Supporting Statement A	2016-05-17
3-23-16.Renewal of Agency Information Collection for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Court.pdf Supplementary Document	2016-05-13
U_S_ Code.txt Supplementary Document	2006-11-30
25cfr23.13.pdf Supplementary Document	2006-11-30

IC Document Collections

IC ID	Document Title	Status
11483	Notice of the Appointment of Counsel in Involuntary Indian Child Custody Proceeding in State Courts, 25 CFR 23.13	Modified

ICR Details

OMB Control No: 1076-0111	ICR Reference No: 201605-1076-002
Status: Historical Active	Previous ICR Reference No: 201301-1076-003
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, 25 CFR 23.13
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: 07/18/2016
	Date Received in OIRA: 06/01/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2019	36 Months From Approved	07/31/2016
Responses	2	0	4
Time Burden (Hours)	6	0	12
Cost Burden (Dollars)	0	0	0

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Abstract: A State court that appoints counsel for an indigent Indian parent or custodian in an involuntary Indian child custody proceeding in a State court may write to the BIA requesting payment for the counsel's services when State law does not authorize State funds to pay such services. The BIA's Regional Director, in the BIA Region where the case is heard, uses the submitted information to decide whether to certify that the client is eligible to have his counsel compensated by the BIA in accordance with the Indian Child Welfare Act, Public Law 95-608.

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Authorizing Statute(s): US Code: 25 USC 1912(b) Name of Law: Indian Child Welfare Act
  

Citations for New Statutory Requirements: None

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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:
	81 FR 15554	03/23/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 34369	05/31/2016
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Notice of the Appointment of Counsel in Involuntary Indian Child Custody Proceeding in State Courts, 25 CFR 23.13

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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	2	4	0	0	-2	0
Annual Time Burden (Hours)	6	12	0	0	-6	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: In the few instances where the attorney fees are not paid by the State, most attorneys do not bother to apply to BIA because they know that BIA has not paid attorneys’ fees in several years. Therefore, the number of respondents has declined since this information collection was last approved.

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Annual Cost to Federal Government: $384

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: 06/01/2016

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