[Federal Register: October 6, 2004 (Volume 69, Number 193)]
[Notices]
[Page 59946-59947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc04-113]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Tribal Court Budget Data Collection Instrument
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of Proposed Information Collection.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs is seeking comments on a
collection of information about tribal courts and Courts of Indian
Offenses, the caseloads and kinds of cases, the number of personnel
necessary to meet legal requirements, and the costs of operating tribal
courts for budget and other purposes. Data of this nature was collected
under the auspices of tribal representatives of the Judicial Subgroup--
BIA/Tribal Budget Advisory Council. They now desire to associate with
the Bureau of Indian Affairs (Bureau) for the collection of this data.
Accordingly, OMB approval and a control number are being requested.
DATES: Submit comments on or before December 6, 2004.
ADDRESSES: Send comments to Ralph Gonzales, Office of Tribal Services,
Bureau of Indian Affairs, 1951 Constitution Avenue, NW., MS-320-SIB,
Washington, DC 20240; Telephone (202) 513-7629; Fax (202) 208-5113.
FOR FURTHER INFORMATION CONTACT: You may request further information or
obtain copies of the proposed information collection request from Ralph
Gonzales, Office of Tribal Services, Bureau of Indian Affairs, 1951
Constitution Avenue, NW., MS-320-SIB, Washington, DC 20240; Telephone
(202) 513-7629; Fax (202) 208-5113.
SUPPLEMENTARY INFORMATION: The data collection instrument will gather
information about a tribal court's operation relative to its costs,
number of court personnel employed, adequacy of facilities, tribal
codes enforced, geographical area of operation, and traditional
mediation procedures used. The data is gathered under the authority of
the Indian Tribal Justice Act, Public Law 103-176 (25 U.S.C. 3601) (the
Act) which provides at Section 101(f):
``INFORMATION CLEARINGHOUSE OF TRIBAL JUSTICE SYSTEMS. The
Office shall maintain an information clearinghouse (which shall
include an electronic data base) on tribal justice systems and
Courts of Indian Offenses, including (but not limited to)
information on staffing, funding, model tribal codes, tribal justice
activities, and tribal judicial decisions.''
The data gathered will primarily be used for budgetary purposes.
The Act further provides at Section 1(2) ``the United States has a
trust responsibility to each tribal government that includes the
protection of the sovereignty of each tribal government.'' Section 1(4)
provides ``Indian tribes possess the inherent authority to establish
their own form of government, including tribal justice systems.'' The
Bureau must perform its fiduciary responsibility and assist tribal
governments in supporting tribal judicial systems by bringing tribal
courts to par with non-Indian court systems. The data collected under
this initiative will be a start toward achieving this objective.
Tribal governments will be given the opportunity to document their
tribal court's unmet need. The data will be collected electronically to
reduce the burden upon the tribal government in providing tribal court
data. Data will be gathered as a part of the Bureau's budget cycle and
will be collected only once annually.
The Assistant Secretary--Indian Affairs established a BIA/Tribal
Budget Advisory Council to provide advice on the development of a
budget for the Bureau. The Council determined that the tribal courts
were a priority because of the continued lack of adequate funding. A
Judicial Subgroup was formed to determine what information was needed
from the courts to meet all their funding needs. This group derives its
authority to request the information from Section 101(f) of the Indian
Tribal Justice Act, Public Law 103-176 (25 U.S.C. 3601). The lack of
adequate funding has created a critical backlog in caseload for tribal
courts, causing some cases to be dismissed because the courts cannot
hear the cases in a timely manner. The consequences of this backlog is
that justice is not provided in a timely manner, many legitimate cases
are dismissed, and all sectors of Indian Country, including law abiding
citizens as well as the law-breakers, get the impression that crime can
be committed on an Indian reservation with impunity.
The Subgroup has identified the need for the following information:
Tribe(s) operating a tribal court system; population covered/serviced;
geographical area covered by the court; number and kinds of court
personnel presently and that which is needed to provide adequate
judicial services; facilities available/needed; kinds and number of
caseloads; jury and judicial hearings required; evaluation of services
provided, including personnel; span of civil and criminal control. The
information will be provided annually to allow time for inclusion in
the Bureau's budget cycle.
Request for Comments
The Bureau of Indian Affairs requests your comments on this
collection concerning:
(a) The necessity of this information collection for the proper
performance of the functions of the agency, including whether the
information will have practical utility;
(b) The accuracy of the agency's estimate of the burden (hours and
cost) of the collection of information, including the validity of the
methodology and assumptions used;
(c) Ways we could enhance the quality, utility and clarity of the
information to be collected; and
(d) Ways we could minimize the burden of the collection of the
information on the respondents, such as through the use of automated
collection techniques or other forms of information technology.
Please note that an agency may not sponsor or request, and an
individual need not respond to, a collection of information unless it
has a valid OMB Control Number.
It is our policy to make all comments available to the public for
review at the location listed in the ADDRESSES section, room 320,
during the hours of 8 a.m. to 5 p.m. (EST), Monday through Friday,
except for legal holidays. If you wish to have your name and/or address
withheld, you must state this prominently at the beginning of your
comments. We will honor your request according to the requirements of
the
[[Page 59947]]
law. All comments from organizations or representatives will be
available for review. We may withhold comments from review for other
reasons.
Information Collection Abstract
Type of review: New.
Title: Information Clearinghouse on Tribal Justice Systems.
OMB Control Number: 1076-NEW.
Need and use of the information: The information will be gathered
using a simple questionnaire requiring single entries or by checking
options provided. The responses will be used to support the
respondents' request to receive or maintain a benefit, funding for the
court systems, and specifically, an increase in funding for tribal
courts as a result of this data collection initiative.
Description of respondents: An employee of the tribal court,
usually the court clerk or the court administrator, will enter the data
required into the form available electronically.
Number of Annual Responses: 180.
Estimated Time per Response: 20 minutes.
Frequency of Response: Annually.
Total Annual Hourly Burden to Respondents: 60 hours.
Dated: September 28, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 04-22456 Filed 10-5-04; 8:45 am]