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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
3-30-18.Agency IC Activities; Submission to the OMB for Review and Approval; Probate of Indian Estates, Except for Members of the Osage Nation and Five Civilized Tribes.pdf	Supplementary Document	Uploaded 2018-03-30	Available
2018 Supporting Statement - Probate of Indian Estates (revised).docx	Supporting Statement A	Uploaded 2018-03-21	Available
11-16-17.Agency IC Activities- Probate of Indian Estates Except for Members of the Osage Nation and Five Civilized Tribes.pdf	Supplementary Document	Uploaded 2018-03-20	Available
25 USC 372-373.pdf	Supplementary Document	Uploaded 2015-01-28	Available
PubLaw108-374.pdf	Supplementary Document	Uploaded 2007-02-07	Available

IC Document Collections

Information collection document groups

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

ICR Details

OMB Control No: 1076-0169	ICR Reference No: 201803-1076-002
Status: Active	Previous ICR Reference No: 201501-1076-003
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Probate of Indian Estates, except for Members of the Osage Nation and the Five Civilized Tribes
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: 07/02/2018
	Date Received in OIRA: 03/30/2018
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. However, the agency is requested to do a better job of explaining to the applicants why so much information (for example by including instructions on an agency website) is needed per public comment. In addition, the agency is requested to develop and use electronic forms such as fillable PDFs per public comment. Both of these public comments should be addressed before the next time the agency requests approval of this information collection.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2021	36 Months From Approved	06/30/2018
Responses	41,139	0	76,695
Time Burden (Hours)	617,486	0	1,037,513
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: 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:
	82 FR 53516	11/16/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 13775	03/30/2018
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

table that charts list 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	41,139	76,695	0	0	-35,556	0
Annual Time Burden (Hours)	617,486	1,037,513	0	0	-420,027	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:

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Annual Cost to Federal Government: $18,677,238

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 03/30/2018

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