Acquisition of Trust Land, 25 CFR 151

Forms and Documents

Document Name	Status
8-30-16.Renewal of Agency IC for Acquisition of Trust Lands (30 day).pdf Supplementary Document	2016-08-31
4-29-16.Renewal of Agency IC for Acquisition of Trust Land.pdf Supplementary Document	2016-08-31
1076-0100 Trust Acquisition SS_2016_8-24-2016 v2.doc Supporting Statement A	2016-08-25
25 CFR 151.pdf Supplementary Document	2016-07-27
25 U.S.C 2202.pdf Supplementary Document	2010-04-07
25 U.S.C. 465.pdf Supplementary Document	2010-04-07

IC Document Collections

IC ID	Document Title	Status
46299	Tribal application to take off-reservation land into trust	Modified
178813	Individual application to take off-reservation land into trust	Removed
178780	Individual application to take on-reservation land into trust	Modified
11469	Tribal application to take on-reservation land into trust	Modified

ICR Details

OMB Control No: 1076-0100	ICR Reference No: 201606-1076-005
Status: Active	Previous ICR Reference No: 201412-1076-002
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Acquisition of Trust Land, 25 CFR 151
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/13/2017
	Date Received in OIRA: 08/31/2016
Terms of Clearance: The elements of the Bureau of Indian Affairs' Fee-to-Trust Handbook that provide guidance regarding the collection of information are subject to review under the Paperwork Reduction Act. Any changes to these documents must be submitted to OIRA for approval and may be processed as a change request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2020	36 Months From Approved	02/28/2017
Responses	500	0	1,060
Time Burden (Hours)	55,000	0	74,400
Cost Burden (Dollars)	0	0	0

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Abstract: Submission of this information allows the BIA to review applications for the acquisition of land into trust status by the United States on behalf of individual Indians and Indian Tribes, pursuant to 25 CFR 151. The information also allows the Secretary to comply with the National Environmental Policy Act and to determine if title to the subject property is marketable and unencumbered. Respondents supply information and data in accordance with 25 CFR 151 as no specific forms are used for the BIA to make an evaluation and determination on the application.

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Authorizing Statute(s): US Code: 25 USC 2202 et seq Name of Law: Indian Land Consolidation Act
   US Code: 25 USC 465 Name of Law: Indian Reorganization 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 25698	04/29/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 59652	08/30/2016
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Tribal application to take off-reservation land into trust
Tribal application to take on-reservation land into trust
Individual application to take on-reservation land into trust
Individual application to take off-reservation land into trust

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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	500	1,060	0	-50	-510	0
Annual Time Burden (Hours)	55,000	74,400	0	-5,500	-13,900	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The comment received from the Tribe (question 8) in response to the 60-day notices does have merit and the BIA is in agreement that applications may require more than 60-110 hours as previously estimated. Therefore, the BIA has increased the burden hours to 100 – 150. The BIA still retains technical assistance and will perform the completion of some documentation in order to accommodate such requests from the tribes. That, along with less complex issues and cases that have no change in land use, as well as the less stringent title evidence requirements. • Decrease to the number of respondents from 800 to 350 – Tribal application to take on-reservation land into trust: The BIA has been tracking the number of new applications on what is referred to as the BIA national spreadsheet, which is internal to BIA. The average number of respondents for the renewal of this information collection was calculated from the numbers reported for the last five years. The data reflects a decrease in the average of new applications. While this number reflects a decrease, BIA estimated the future expected applications on the high side of the average numbers. • Decrease of the number of respondents from 160 to 100 – Tribal application to take off-reservation land into trust: The BIA has been tracking the number of new applications on what is referred to as the BIA national spreadsheet, which is internal to BIA. The average number of respondents for the renewal of this information collection was calculated from the numbers reported for the last five years. The data reflects a decrease in the average of new applications. While this number reflects a decrease, BIA estimated the future expected applications on the high side of the average numbers. • Removed information collection for – Individual application to take off-reservation land into trust: Within 25 CFR 151.11 Off-reservation acquisitions – this section only speaks to Tribal request for the acquisition of lands into trust status. Individual Indians are only authorized by law to submit an application for the acquisition of lands into trust status for On-Reservation land; 25 CFR 151.10 On-Reservation acquisition.

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Annual Cost to Federal Government: $3,193,200

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: 08/31/2016

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