Export Certification System, 25 CFR 1194

Forms and Documents

Document Name	Status
Export Certification Application Form and Instruction	New
Supporting Statement A 1076-NEW, Export Certification System, 25 CFR 1194, STOP Act (10.25.24).docx Supporting Statement A	2024-10-27
Safeguard Tribal Objects of Patrimony Act of 2021 - Pub L No 117-258.pdf Supplementary Document	2024-03-25

IC Document Collections

IC ID	Document Title	Status
266464	Export Certification Application Form and Instruction	New
266461	STOP Act Native Working Group	New

ICR Details

OMB Control No:	ICR Reference No: 202403-1076-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOI/BIA	Agency Tracking No: IAFR001308
Title: Export Certification System, 25 CFR 1194
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/28/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	112	0
Time Burden (Hours)	2,424	0
Cost Burden (Dollars)	15,000	0

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Abstract: The Department of the Interior regulations at 25 CFR 1194, pursuant to the Safeguard Tribal Objects of Patrimony Act (STOP Act) of 2021, Pub. L. No. 117-258, codified at 25 U.S.C. 3071 et seq, 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. These regulations establish an export certification system; set forth procedures for detention and repatriation of items subject to the rule; and establish a framework for voluntary return of items. The Export Certification Database is a secure information system for the purpose of making export certification applications available to Indian Tribes, Native Hawaiian organizations, and other Federal agencies, including the Departments of Homeland Security, Justice, and State. Access to the database will be limited to users within Indian Tribes, Native Hawaiian organizations, and relevant Federal agencies.

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Authorizing Statute(s): US Code: 25 USC 3071 Name of Law: Safeguard Tribal Objects of Patrimony Act of 2021
  

Citations for New Statutory Requirements: PL: Pub.L. 117 - 258 2 Name of Law: Safeguard Tribal Objects of Patrimony Act of 2021

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1076-AF78	Proposed rulemaking	89 FR 85078	10/25/2024

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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: 2

IC Title	Form No.	Form Name
Export Certification Application	N/A	Export Certification Application
STOP Act Native Working Group

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ICR Summary of Burden

	Total Request	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	112	0	0	112	0	0
Annual Time Burden (Hours)	2,424	0	0	2,424	0	0
Annual Cost Burden (Dollars)	15,000	0	0	15,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Department – in consultation with Indian Tribes and Native Hawaiian organizations – is proposing a new information collection, required by statute and associated with RIN 1076-AF78.

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Annual Cost to Federal Government: $3,000,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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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: 10/28/2024

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