Notice2023-10398
Agency Information Collection Activities; Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2023
Issuing agencies
Interior DepartmentNational Park Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, we, the National Park Service (NPS) are proposing to renew an information collection.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 94 (Tuesday, May 16, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31272-31274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10398]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-CRPS-NPS0035665; PPWOCRADI0, PPMRSCR1Y.Y00000, P103601 (222);
OMB Control Number 1024-0271]
Agency Information Collection Activities; Gathering of Certain
Plants or Plant Parts by Federally Recognized Indian Tribes for
Traditional Purposes
AGENCY: National Park Service, Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the National Park Service (NPS) are proposing to renew an information
collection.
DATES: Interested persons are invited to submit comments on or before
June 15, 2023.
ADDRESSES: Written comments and suggestions on the information
collection requirements should be submitted by the date specified above
in DATES to <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the
[[Page 31273]]
search function. Please provide a copy of your comments to the NPS
Information Collection Clearance Officer (ADIR-ICCO), 12201 Sunrise
Valley Drive, (MS-242) Reston, VA 20191 (mail); or
<a href="/cdn-cgi/l/email-protection#40302821243225211f302f2e2433002e30336e272f36"><span class="__cf_email__" data-cfemail="a6d6cec7c2d4c3c7f9d6c9c8c2d5e6c8d6d588c1c9d0">[email protected]</span></a> (email). Please reference Office of Management
and Budget (OMB) Control Number 1024-0271 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Dorothy FireCloud, Native American Affairs
Liaison, Assistant to the Director, Office of Native American Affairs
at <a href="/cdn-cgi/l/email-protection#ee8a819c819a8697b188879c8b8d82819b8aae809e9dc0898198"><span class="__cf_email__" data-cfemail="adc9c2dfc2d9c5d4f2cbc4dfc8cec1c2d8c9edc3ddde83cac2db">[email protected]</span></a> (email); or (202) 354-2126 (telephone).
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or Tele
Braille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States. You may also view the ICR at <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), 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 collection
requirements and provide the requested data in the desired format.
A Federal Register notice with a 60-day public comment period
soliciting comments on this collection of information was published on
April 22, 2022 (87 FR 24194) and ended on June 21, 2022. We did not
receive any comments in response to that notice.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again soliciting comments from the public and other
Federal agencies on the proposed ICR that is described below. We are
especially interested in public comment addressing the following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility.
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used.
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected.
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. 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: Gathering and removing plants or plant parts is currently
prohibited in National Park System areas unless specifically authorized
by Federal statute or treaty rights or conducted under the limited
circumstances authorized by an existing regulation codified in 36 CFR
2.1(c). Regulations codified in 36 CFR part 2 allow the gathering and
removal of plants or plant parts by enrolled members of federally
recognized tribes for traditional purposes. The regulations authorize
agreements between the NPS and federally recognized tribes to
facilitate the continuation of tribal cultural practices on lands
within areas of the National Park System where those practices
traditionally occurred, without causing a significant adverse impact to
park resources or values. The regulations:
<bullet> respect tribal sovereignty and cultural practices,
<bullet> further the government-to-government relationship between
the United States and the Indian Tribes, and
<bullet> provide system-wide consistency for this aspect of NPS-
Tribal relations.
The agreements explicitly recognize the special government-to-
government relationship between the United States and Indian Tribes and
are based upon mutually agreed upon terms and conditions subject to the
requirements of 36 CFR 2.6(f). The agreements serve as the documents
through which the NPS authorizes tribal gathering implemented by an
accompanying permit authorized by 36 CFR 1.6. Only enrolled members of
a federally recognized tribe are allowed to collect plants or plant
parts, and the tribe must be traditionally associated with the specific
park area. This traditional association must predate the establishment
of the park. The plant gathering must meet a traditional purpose that
is a customary activity and practice rooted in the history of the tribe
and is important for the continuation of the tribe's distinct culture.
Authorized plant gathering must be sustainable and may not result in a
significant adverse impact on park resources or values. The sale and
commercial use of plants or plant parts within areas of the National
Park System will continue to be prohibited by the NPS regulations in 36
CFR 2.1(c)(3)(v).
The information collections associated with 36 CFR part 2 include:
(1) The initial request from a tribe that we enter into an
agreement with the tribe for gathering and removal of plants or plant
parts for traditional purposes. The request must include the
information specified in part 2.6(c).
(2) The agreement defines the terms under which the NPS may issue a
permit to a tribe for plant gathering purposes. To make determinations
based on tribal requests or to enter into an agreement, we may need to
collect information from specific tribal members or tribes who make
requests. The agreement must contain the information specified in part
2.6(f).
(3) Tribes may submit an appeal to the NPS to provide additional
information on the historical relationship of the tribe, traditional
uses of plants to be gathered, and/or the impact of gathering on the
resource of concern in the event of a denial by the NPS on this issue.
Title of Collection: Gathering of Certain Plants or Plant Parts by
Federally Recognized Indian Tribes for Traditional Purposes, 36 CFR 2.
OMB Control Number: 1024-0271.
Form Number: None.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: Indian Tribes.
Total Estimated Number of Annual Responses: 30.
Estimated Completion Time per Response: Varies from 4 to 80 hours
(times vary depending upon the activity).
Total Estimated Number of Annual Burden Hours: 530 hours.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
An agency may not conduct, or sponsor and a person is not required
to
[[Page 31274]]
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.).
Phadrea Ponds,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2023-10398 Filed 5-15-23; 8:45 am]
BILLING CODE 4312-52-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 16, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.