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Agency Information Collection Activities; Probate of Indian Estates, Except for Members of the Osage Nation and Five Civilized Tribes

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Bureau of Indian Affairs, Interior.


Notice of Information Collection; request for comment.


In accordance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is proposing to renew an information collection.


Interested persons are invited to submit comments on or before January 16, 2018.


Send your comments on the information collection request (ICR) by mail to Ms. Charlene Toledo, Bureau of Indian Affairs, Office of Trust Services, Division of Probate Services 2600 N Central Ave., STE MS 102, Phoenix, AZ 85004: or email to Please reference OMB Control Number 1076-0169 in the subject line of your comments.

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To request additional information about this ICR, contact Ms. Charlene Toledo by telephone at (505) 563-3371.

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In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information Start Printed Page 53517collection requirements and provide the requested data in the desired format.

We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BIA (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIA enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIA minimize the burden of this collection on the respondents, including through the use of information technology.

Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying 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.

Abstract: The Secretary of the Interior probates the estates of individual Indians owning trust or restricted property in accordance with 25 U.S.C. 372-373. In order to compile the probate file, the BIA must obtain the family heirship data regarding the deceased from individuals and the tribe. This section contains the procedures that the Secretary of the Interior follows to initiate the probate of the trust estate for a deceased person who owns an interest in trust or restricted property. The Secretary must perform the necessary research of family heirship data collection requests in this part to obtain the information necessary to compile an accurate and complete probate file. This file will be forwarded to the Office of Hearing and Appeals (OHA) for disposition. Responses to these information collection requests are required to create a probate file for the decedent's estate so that OHA can determine the heirs of the decedent and order distribution of the trust assets in the decedent's estate.

Title of Collection: Probate of Indian Estates, Except for Members of the Osage Nation and Five Civilized Tribes.

OMB Control Number: 1076-0169.

Form Number: N/A.

Type of Review: Extension without change of currently approved collection.

Respondents/Affected Public: Indians, businesses, and tribal authorities.

Total Estimated Number of Annual Respondents: 65,751.

Total Estimated Number of Annual Responses: 76,695.

Estimated Completion Time per Response: Ranges from 0.5 hours to 45.5 hours (see table below).

CFR SectionDescription of info collection requirementHours per response
15.9File affidavit to self-prove will, codicil, or revocation0.5
15.9File supporting affidavit to self-prove will, codicil, or revocation0.5
15.104Reporting req.- death certificate5
15.105Provide probate documents45.5
15.203Provide tribal information for probate file2
15.301Reporting funeral expenses2
15.305Provide info on creditor claim (6 per probate)0.5

Total Estimated Number of Annual Burden Hours: 1,037,513 hours.

Respondent's Obligation: A response is required to obtain a benefit.

Frequency of Collection: One per respondent each year with the exception of tribes that may be required to provide enrollment information on an average of approximately 10 times/year.

Total Estimated Annual Nonhour Burden Cost: $0.

An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

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Elizabeth K. Appel,

Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.

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[FR Doc. 2017-24879 Filed 11-15-17; 8:45 am]