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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1076-0169
ICR Reference No:
202107-1076-002
Status:
Active
Previous ICR Reference No:
201803-1076-002
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 with change
Conclusion Date:
12/03/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/28/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2024
36 Months From Approved
12/31/2021
Responses
41,139
0
41,139
Time Burden (Hours)
617,486
0
617,486
Cost Burden (Dollars)
0
0
0
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.
Authorizing Statute(s):
US Code:
25 USC 2201 et seq
Name of Law: American Indian Probate Reform Act of 2004
US Code:
25 USC 373
Name of Law: Disposal by will of allotments held under trust
US Code:
25 USC 372
Name of Law: Ascertainment of heirs of deceased allottees; settlement of estates; sale of lands; deposit of India
US Code:
25 USC 2
Name of Law: Duties of Commissioner
US Code:
25 USC 4021 et seq
Name of Law: Trust Management Reform Act of 1994
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
86 FR 20402
04/19/2021
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 40616
07/28/2021
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
Provide information on creditor claim 25 CFR 15.305
Provide probate documents 25 CFR 15.105
Provide tribal information for probate file 25 CFR 15.203
Reporting funeral expenses 25 CFR 15.301
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
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
41,139
41,139
0
0
0
0
Annual Time Burden (Hours)
617,486
617,486
0
0
0
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:
Annual Cost to Federal Government:
$19,615,701
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?
No
Agency Contact:
Elizabeth Appel 202 273-4680 elizabeth.appel@bia.gov
Common Form ICR:
No
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:
07/28/2021
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