Safeguard Tribal Objects of Patrimony

DEPARTMENT OF THE INTERIOR <SUBAGY>Bureau of Indian Affairs</SUBAGY> <CFR>25 CFR Part 1194</CFR> <DEPDOC>[Docket No. BIA-2024-0002; 245A2100DD/AAKC001030/A0A501010.999900]</DEPDOC> <RIN>RIN 1076-AF78</RIN> <SUBJECT>Safeguard Tribal Objects of Patrimony</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of the Assistant Secretary, Indian Affairs, Interior. <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Department of the Interior (Department) proposes new regulations that provide a framework to prevent the export for sale in foreign countries of Native American cultural items that are held in violation of current Federal laws; to repatriate such items from individuals and organizations having such items; and to improve coordination among Federal agencies, Indian Tribes, and Native Hawaiian organizations seeking to prevent the export and sale, and support the repatriation, of such items. The proposed rule would establish an export certification system, set forth procedures for detention and repatriation of items subject to the rule, establish a framework for voluntary return of items subject to the rule, and establish interagency and Native working groups. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> <E T="03">Proposed regulations:</E> Interested parties are invited to submit comments, which must be received on or before December 24, 2024. <E T="03">Information collection requirements:</E> If you wish to comment on the information collection requirements in this proposed rule, please note that the Office of Management and Budget (OMB) is required to make a decision concerning the collection of information contained in this proposed rule between 30 and 60 days after publication of this proposed rule in the <E T="04">Federal Register</E> . Therefore, comments should be submitted to OMB by November 25, 2024. <E T="03">Tribal consultation sessions:</E> The Department of the Interior will conduct virtual consultation sessions with federally recognized Indian Tribes on November 18, 2024, and November 19, 2024. <E T="03">Native Hawaiian consultation sessions:</E> The Department of the Interior will conduct virtual consultation sessions with the Native Hawaiian Community November 25, 2024, and November 26, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> <E T="03">Proposed regulations:</E> You may submit comments on the proposed rule, and information collection requirements in the proposed rule, by any one of the following methods. ○ Please visit <E T="03">https://www.regulations.gov/docket/BIA-2024-0002</E> or <E T="03">https://www.regulations.gov</E> and enter “RIN 1076-AF78” in the search box and click “Search.” Follow the instructions for sending comments. ○ <E T="03">Mail:</E> Please mail comments to Indian Affairs, RACA, 1001 Indian School Road NW, Suite 229, Albuquerque, NM 87104. <E T="03">Tribal Consultation Sessions:</E> Federally recognized Indian Tribes may register for the November 18, 2024, virtual consultation session at <E T="03">https://www.zoomgov.com/meeting/register/vJIsd-murTkrEoCEm5Y2To4t7GKtXSRhCnQ.</E> Federally recognized Indian Tribes may register for the November 19, 2024, virtual consultation session at <E T="03">https://www.zoomgov.com/meeting/register/vJItdOmqqjkqHaI5eOnhZTOtLE2GojpXIow.</E> <E T="03">Native Hawaiian Consultation Sessions:</E> The Native Hawaiian Community may register for the November 25, 2024, virtual consultation session at <E T="03">https://www.zoomgov.com/meeting/register/vJItceqvpz0uGDSfTDedEwLOmP5bvkGLjUA.</E> The Native Hawaiian Community may register for the November 26, 2024, virtual consultation session at <E T="03">https://www.zoomgov.com/meeting/register/vJItfuurqj0rGIjrBn1_9KsywIdmkmIIjoY.</E> <E T="03">Information Collection Requirements:</E> Written comments and suggestions on the information collection requirements should be submitted to OMB at <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E> Find this particular information collection by selecting “Currently under Review—Open for Public Comments” and then scrolling down to the “Department of the Interior.” Please also provide a copy of your comments to DOI at <E T="03">consultation@bia.gov;</E> and reference “OMB Control Number 1076-NEW STOP Act” in the subject line of your email. <E T="03">Accessibility:</E> On request to the program contact person listed under <E T="02">FOR FURTHER INFORMATION CONTACT</E> , individuals can obtain this document in an alternate format, usable by people with disabilities, at the Office of the Assistant Secretary—Indian Affairs, Room 4660, 1849 C Street NW, Washington, DC 20240. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Oliver Whaley, Director, Office of Regulatory Affairs and Collaborative Action (RACA), Office of the Assistant Secretary—Indian Affairs; Department of the Interior, telephone (202) 738-6065, <E T="03">consultation@bia.gov.</E> Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> This proposed rule is published in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs (Assistant Secretary; AS-IA) by 209 DM 8. <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Statutory Authority and Background</FP> <FP SOURCE="FP-2">II. Public Comments on the Development of the Rule and Response to Comments</FP> <FP SOURCE="FP-2">III. Subpart-by-Subpart Summary of the Proposed Rule</FP> <FP SOURCE="FP1-2">A. General Provisions</FP> <FP SOURCE="FP1-2">B. Export Certification System</FP> <FP SOURCE="FP1-2">C. Procedures for Detention, Forfeiture, Repatriation</FP> <FP SOURCE="FP1-2">D. Administrative Appeals</FP> <FP SOURCE="FP1-2">E. Voluntary Return of Tangible Cultural Heritage</FP> <FP SOURCE="FP1-2">F. Interagency Working Group</FP> <FP SOURCE="FP1-2">G. Native Working Group</FP> <FP SOURCE="FP-2">IV. Procedural Requirements</FP> <FP SOURCE="FP1-2">A. Regulatory Planning and Review (E.O. 12866, 14094 and 13563)</FP> <FP SOURCE="FP1-2">B. Regulatory Analysis</FP> <FP SOURCE="FP1-2">1. Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">2. Regulatory Impact Analysis</FP> <FP SOURCE="FP1-2">C. Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP1-2">D. Takings (E.O. 12630)</FP> <FP SOURCE="FP1-2">E. Federalism (E.O. 13132)</FP> <FP SOURCE="FP1-2">F. Civil Justice Reform (E.O. 12988)</FP> <FP SOURCE="FP1-2">G. Consultation With Indian Tribes (E.O. 13175)</FP> <FP SOURCE="FP1-2">H. Paperwork Reduction Act</FP> <FP SOURCE="FP1-2">I. National Environmental Policy Act (NEPA)</FP> <FP SOURCE="FP1-2">J. Energy Effects (E.O. 13211)</FP> <FP SOURCE="FP1-2">K. Clarity of This Regulation</FP> <FP SOURCE="FP1-2">L. Public Availability of Comments</FP> <FP SOURCE="FP1-2">M. Pay-As-You-Go Act of 2010</FP> <FP SOURCE="FP1-2">N. Privacy Act of 1974, System of Records</FP> </EXTRACT> <HD SOURCE="HD1">I. Statutory Authority and Background</HD> Congress empowered the Secretary of the Interior, under section 10 of the Safeguard Tribal Objects of Patrimony Act (STOP Act) of 2021, Public Law 117-258, codified at 25 U.S.C. 3071 <E T="03">et seq.,</E> to “promulgate rules and regulations to carry out this Act” in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations. <E T="03">See</E> 25 U.S.C. 3078. The proposed regulations at 25 CFR part 1194 implement this authority. The Department of the Interior (Department) issued a Dear Tribal Leader Letter inviting input on the development of draft regulations for the STOP Act on April 22, 2023, and a Dear Native Hawaiian Community Leader Letter inviting input on the development of draft regulations for the STOP Act on July 20, 2023. The Department held five consultation sessions with Indian Tribes, and two consultation sessions with the Native Hawaiian Community. The Department convened with Indian Tribes for a first consultation in person on May 31, 2023, at U.S. Geological Survey Oklahoma-Texas Walker Science Center in Oklahoma City, OK; for a second consultation in person on July 14, 2023, at the Bureau of Land Management Fairbanks District Office, in Fairbanks, AK; and for a fifth consultation in person on August 18, 2023, at the Bureau of Land Management New Mexico State Office, in Santa Fe, New Mexico. The Department conducted the third and fourth consultations with Indian Tribes virtually on Zoom on July 27, 2023, and August 8, 2023, respectively. The Department convened the first consultation with the Native Hawaiian Community in person on August 23, 2023, at the State of Hawai'i Office of Hawaiian Affairs in Honolulu, HI, and conducted the next consultation virtually on Zoom on August 24, 2023. The Department of State and the Department of Homeland Security joined several of these consultations. Following the consultation sessions, the Department accepted written comments until September 1, 2023. Thereafter, beginning on August 31, 2023, the Department convened multiple times per week with representatives of the Secretary of State, the Secretary of Homeland Security, and the Attorney General, to develop the proposed rule based on the feedback received in consultation. <HD SOURCE="HD1">II. Public Comments on the Development of the Rule and Response to Comments</HD> Interior asked for answers to three framing questions during the consultations. Individual comments were separated and categorized after the closing of the comment period on September 1, 2023. In total, the submissions were separ ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 158k characters. 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