Agency Information Collection Activities; Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes, 44632-44633 [2019-18259]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Notices]
[Pages 44632-44633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18259]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-CRPS-NPS0028076; PPWOCRADI0, PPMRSCR1Y.Y00000, P103601 (199); 
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.

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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 
September 25, 2019.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's (OMB) Desk Officer for 
the Department of the Interior by email at [email protected]; 
or by facsimile at 202-395-5806. Please provide a copy of your comments 
to Phadrea Ponds, Information Collection Clearance Officer, National 
Park Service, 1201 Oakridge Drive, Fort Collins, CO 80525; or by email 
at [email protected]. Please reference OMB Control Number 1024-0271 
in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Jennifer Talken-Spaulding, Bureau Cultural 
Anthropologist, National Park Service, 1849 C Street NW, Mail Stop 
7360, Washington, DC 20240; or by email at [email protected]. Please reference OMB Control Number 1024-0271 in the 
subject line of your comments. You may also view the ICR at https://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: 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 
collection requirements and provide the requested data in the desired 
format.
    On June 5, 2019, we published a Federal Register notice soliciting 
comments on this collection of information for 60 days, ending on 
August 5, 2019 (84 FR 26154). We did not receive any comments regarding 
this information collection.
    We are again soliciting comments on the proposed ICR described 
below. We are especially interested in public comment addressing the 
following issues: (1) Is the collection necessary to the proper 
functions of the NPS; (2) will this information be processed and used 
in a timely manner; (3) is the estimate of burden accurate; (4) how 
might the NPS enhance the quality, utility, and clarity of the 
information to be collected; and (5) how might the NPS minimize the 
burden of this collection on the respondents, including through the use 
of information technology.

[[Page 44633]]

    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: 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:
     respect tribal sovereignty and cultural practices,
     further the government-to-government relationship between 
the United States and the Indian Tribes,
     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 Sec.  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 upon 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 Sec.  
2.6(f).
    (3) Tribes may submit an appeal to the NPS to provide additional 
information on 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.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                                                     Estimated      Completion
                                                                     number of       time per        Estimated
                      Activity/requirement                            annual         response      total annual
                                                                     responses        (Hours)      burden hours
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Initial Written Request from an Indian Tribal Official..........              20               4              80
Agreement with Indian Tribe.....................................               5              80             400
Appeals.........................................................               5              10              50
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    Total.......................................................              30              94             530
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    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.).

Phadrea Ponds,
Acting NPS Information Collection Clearance Officer, National Park 
Service.
[FR Doc. 2019-18259 Filed 8-23-19; 8:45 am]
 BILLING CODE 4312-52-P