[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31272-31274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10398]


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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.

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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 
June 15, 2023.

ADDRESSES: Written comments and suggestions on the information 
collection requirements should be submitted by the date specified above 
in DATES to http://www.reginfo.gov/public/do/PRAMain. 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 
[email protected] (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 [email protected] (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 http://www.reginfo.gov/public/do/PRAMain.

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:
     respect tribal sovereignty and cultural practices,
     further the government-to-government relationship between 
the United States and the Indian Tribes, and
     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

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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]
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