Native American Graves Protection and Repatriation Regulations, 43 CFR 10

Forms and Documents

Document Name	Status
Supporting_Statement_1024-0144.doc Supporting Statement A	2009-02-06
Cover Letter, 1024-0144.doc Supplementary Document	2009-01-21
43 CFR Part 10.mht Supplementary Document	2009-01-11

IC Document Collections

IC ID	Document Title	Status
187851	Notices-Private Institutions	New
187850	Notices--State or Local Government	New
187849	Museums-Private Institutions	New
118027	Museums--State or Local Government	Modified

ICR Details

OMB Control No: 1024-0144	ICR Reference No: 200901-1024-001
Status: Historical Active	Previous ICR Reference No: 199304-1024-004
Agency/Subagency: DOI/NPS	Agency Tracking No:
Title: Native American Graves Protection and Repatriation Regulations, 43 CFR 10
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 02/13/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/27/2009
	Date Received in OIRA: 02/06/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2009	6 Months From Approved
Responses	150	0	0
Time Burden (Hours)	5,224	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Native American Graves Protection and Repatriation Act (NAGPRA), enacted in 1990, requires museums to compile certain information (summaries, inventories, and notification) regarding Native American cultural items in their possession or control and provide that information to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organizations. NAGPRA also requires museums to provide the Secretary of the Interior with a copy of the notification. Regulations promulgated in 1995 require that each museum also provide one copy of each summary and inventory to the Secretary through the National Park Service (NPS). To date, 1,202 museums have provided a summary, inventory, and/or notice to the NPS. The collection of information requirements in this rule are prepared under the authorities granted in Sections 5,6,7, and 8 of NAGPRA, 25 U.S.C. 3003,3004,3005 and 3006. Collection of information during the conduct of administrative investigations of allegations of failure to comply under Section 9 of NAGPRA, 25 U.S.C. 3007, is exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. 3518 (c)(1)(B)(ii)).

Emergency Justfication: Regulations implementing the Native American Graves Protection and Repatriation Act (NAGPRA)were initially promulgated in 1995 and have resulted in 1,202 museums providing summaries, inventories, and notices to lineal descendants, culturally affiliated Indian tribes and Native American organizations, and the National Park Service (NPS). Each year approximately 50 museums provide new or updated summaries, inventories, and notices. While doing a regulatory review, it was discovered that the information collection approval had accidentally lapsed. This is an on-going program and halting this program even temporarily would be harmful to the public. According, the NPS requests an emergency reinstatement of information collection approval so that information collection may continue while the normal approval process is completed. A 60-Day Notice soliciting public comment on this information collection has been drafted and will be published immediately upon receiving emergency approval and reinstatement.

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Authorizing Statute(s): US Code: 25 USC 3001-3013 Name of Law: The Native American Graves Protection and Repatriation Act of 1990
  

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

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Museums-Private Institutions
Notices--State or Local Government
Museums--State or Local Government
Notices-Private Institutions

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ICR Summary of Burden

	Total Approved	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	150	0	0	0	-850	1,000
Annual Time Burden (Hours)	5,224	0	0	0	-47,776	53,000
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: The downward adjustment of 850 responses and 47,776 hours of burden is due to the natural transition over time from a program startup situation to an on-going program situation.

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Annual Cost to Federal Government: $92,860

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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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: 02/06/2009

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