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Framing Questions for STOP Act Draft Regulations Development

Input will be used to help write the initial draft of regulations.

The Departments will consider all input and are specifically seeking your advice on practical implementation aspects where the STOP Act is either silent or its provisions do not go into detail. The questions below are intended to highlight some of these aspects and input will be used to help in writing the initial draft of the regulations.

  1. Where within the Department should the STOP Act regulatory program be placed to maximize expertise in the subject matter as well as the operational and procedural requirements to successfully implement the STOP Act?
  2. Interagency Working Group named in the STOP Act
    • What should be the role of the interagency working group?
    • What should the group prioritize in the next 1-2 years?
    • What should the group prioritize in the next 5 years?
  3. What should the composition of the “Native Working Group” established under the STOP Act be and what selection criteria should be used?
  4. What should the Department of the Interior and the Department of State consider when:
    • Determining the type of engagement to pursue with a foreign government regarding Native American tangible cultural heritage;
    • Determining which foreign governments and institutions to prioritize for engagement on the return of Native American tangible cultural heritage; and
    • Engaging with Tribes, Native Hawaiian organizations, foreign governments, and foreign institutions on the voluntary return of Native American tangible cultural heritage?
  5. What should or should not be included in the draft regulations to provide for lesser or greater discretion, flexibility, etc.?
  6. How should the Department validate written confirmations from Tribes or NHOs authorizing the possession and export of items that would otherwise be covered by the export prohibition?
  7. What features should be included in the central Federal database information system?
  8. What collateral effects or unintended consequences should be addressed?
    • For example, how should we avoid affecting the free movement of contemporary works of cultural practitioners and artists?

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