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

Forms and Documents

Document Name	Status
Form OHA-7 Provide probate documents 25 CFR 15.105 Form	Modified
89 FR 97650.pdf Supplementary Document	2024-12-09
89 FR 52076.pdf Supplementary Document	2024-11-08
OS-02.pdf Supplementary Document	2021-07-22
Integrated Records Management System, INTERIOR-BIA-25.pdf Supplementary Document	2021-12-02
BIA-04.pdf Supplementary Document	2021-07-22
BIA-27.pdf Supplementary Document	2021-07-22
25 CFR 15.pdf Supplementary Document	2021-07-22
25 U.S.C. 4021 et seq.pdf Supplementary Document	2021-07-22
25 U.S.C. 2.pdf Supplementary Document	2021-07-22
25 U.S.C. 372.pdf Supplementary Document	2021-07-22
25 U.S.C. 373.pdf Supplementary Document	2021-07-22
25 U.S.C. 2201 et seq.pdf Supplementary Document	2021-07-22
IAFR001329__OMB1076-0169_SSA.docx Supporting Statement A	2024-11-08

IC Document Collections

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

ICR Details

OMB Control No: 1076-0169	ICR Reference No: 202405-1076-013
Status: Received in OIRA	Previous ICR Reference No: 202107-1076-002
Agency/Subagency: DOI/BIA	Agency Tracking No: IAFR001329
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	Date Submitted to OIRA: 12/09/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2024
Responses	41,139	41,139
Time Burden (Hours)	617,486	617,486
Cost Burden (Dollars)	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 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
   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:
	89 FR 52076	06/21/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 97650	12/09/2024
Did the Agency receive public comments on this ICR? No

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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	OHA-7	Data for heirship finding and family history
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

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ICR Summary of Burden

	Total Request	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:

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Annual Cost to Federal Government: $2,738,674

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

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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: 12/09/2024

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