Native American Graves Protection and Repatriation Review Committee Findings and Recommendations Regarding Cultural Items in the Possession of the New York State Museum, 9427-9428 [E9-4668]
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Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices
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[FR Doc. E9–4581 Filed 3–3–09; 8:45 am]
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DEPARTMENT OF THE INTERIOR
National Park Service
Denali National Park and Preserve
Aircraft Overflights Advisory Council
Meeting
National Park Service, Interior.
Notice of meeting for the Denali
National Park and Preserve Aircraft
Overflights Advisory Council within the
Alaska Region.
AGENCY:
ACTION:
SUMMARY: The National Park Service
(NPS) announces a meeting of the
Denali National Park and Preserve
Aircraft Overflights Advisory Council.
The purpose of this meeting is to
discuss mitigation of impacts from
aircraft overflights at Denali National
Park and Preserve. This meeting is open
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public is welcomed to present written or
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15:08 Mar 03, 2009
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provisions of the Federal Advisory
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Preserve Aircraft Overflights Advisory
Council meeting will be held on
Tuesday, April 7th, from 9 a.m. to 5
p.m., Alaska Standard Time. The
meeting may end early if all business is
completed.
Location: National Park Service
Building, 4175 Geist Road, Fairbanks,
AK 99709, (907) 457–5752. The public
can also attend the meeting by
videoconferencing at the Talkeetna
Ranger Station, 22241 South B Street,
Talkeetna, AK 99676, (907) 733–2231.
FOR FURTHER INFORMATION CONTACT:
Miriam Valentine, Denali Planning.
E-mail: Miriam_Valentine@nps.gov.
Telephone: (907) 733–9102 at Denali
National Park, Talkeetna Ranger Station,
PO Box 588, Talkeetna, AK 99676. For
accessibility requirements please call
Miriam Valentine (907) 733–9102.
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Quorum.
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10. Agency and Public Comments.
11. Set time and place of next
Advisory Council meeting.
12. Adjournment.
Dated: February 12, 2009.
Victor Knox,
Deputy Regional Director, Alaska Region,
National Park Service.
[FR Doc. E9–4571 Filed 3–3–09; 8:45 am]
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DEPARTMENT OF THE INTERIOR
PO 00000
National Park Service, Interior.
Notice of May 2, 2009 Meeting.
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Dated: February 12, 2009.
Joanne M. Hanley,
Superintendent, Flight 93 National Memorial.
[FR Doc. E9–4574 Filed 3–3–09; 8:45 am]
BILLING CODE 4310–70–P
DEPARTMENT OF THE INTERIOR
National Park Service
Native American Graves Protection
and Repatriation Review Committee
Findings and Recommendations
Regarding Cultural Items in the
Possession of the New York State
Museum
National Park Service, Interior.
Native American Graves
Protection and Repatriation Review
Committee: Findings and
Recommendations.
ACTION:
Flight 93 National Memorial Advisory
Commission
ACTION:
SUMMARY: This notice sets forth the date
of the May 2, 2009 meeting of the Flight
93 Advisory Commission.
DATES: The public meeting of the
Advisory Commission will be held on
Saturday, May 2, 2009 from 10 a.m. to
1 p.m. (Eastern). The Commission will
meet jointly with the Flight 93
Memorial Task Force.
Location: The meeting will be held at
the Somerset County Courthouse, Court
Room #1, located at 111 E. Union Street,
Somerset, PA 15501.
Agenda:
The May 2, 2009 joint Commission
and Task Force meeting will consist of:
1. Opening of Meeting and Pledge of
Allegiance.
2. Review and Approval of
Commission Minutes from February 7,
2009.
3. Reports from the Flight 93
Memorial Task Force and National Park
Service. Comments from the public will
be received after each report and/or at
the end of the meeting.
4. Old Business.
5. New Business.
6. Public Comments.
7. Closing Remarks.
FOR FURTHER INFORMATION CONTACT:
Joanne M. Hanley, Superintendent,
Flight 93 National Memorial, 109 West
Main Street, Somerset, PA 15501,
814.443.4557.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public. Any
member of the public may file with the
Commission a written statement
concerning agenda items. Address all
statements to: Flight 93 Advisory
Commission, 109 West Main Street,
Somerset, PA 15501.
AGENCY:
National Park Service
AGENCY:
9427
This notice is published as part of the
National Park Service’s administrative
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9428
Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices
responsibilities pursuant to the Native
American Graves Protection and
Repatriation Act (25 U.S.C. 3006 (g)).
The findings of fact and
recommendations to the disputing
parties do not necessarily represent the
views of the National Park Service or
the Secretary of the Interior.
SUMMARY:
The Native American Graves
Protection and Repatriation Review
Committee (Review Committee) was
established by Section 8 of the Native
American Graves Protection and
Repatriation Act (NAGPRA; 25 U.S.C.
3006) and is an advisory body governed
by the Federal Advisory Committee Act
(5 App. U.S.C. 1-16). At its October 1112, 2008 public meeting in San Diego,
CA, the Review Committee, acting
pursuant to its responsibilities to
convene the parties to a dispute, review
the information provided by the parties,
and make findings of fact and
recommendations relating to the
cultural affiliation of the human
remains in an inventory, heard a dispute
between the Onondaga Nation and the
New York State Museum. The issue
before the Review Committee was
whether the relevant information
presented by the Onondaga Nation
shows that, more likely than not, a
relationship of shared group identity
reasonably can be traced between the
Onondaga Nation and human remains
representing a minimum of 180
individuals which had been removed
from the ‘‘Engelbert Site,’’ also known
as NYSM Site #171, in Nichols, Tioga
County, New York and which are in the
possession and under the control of the
New York State Museum. The Review
Committee found, by a preponderance
of the evidence, that a relationship of
shared group identity reasonably can be
traced between the present-day
Onondaga Nation and the human
remains from the Engelbert Site.
In 1998,
the New York State Museum (the
Museum) completed an ‘‘Inventory of
Native American Human Remains from
the Engelbert Site, Tioga County, New
York (NYSM Site #171), in the
Possession of the New York State
Museum’’ (the inventory). The Native
American human remains were
excavated and removed from the
Engelbert Site in 1967 and 1968, as a
result of the construction of the
Southern Tier Expressway (New York
State Route 17). The Museum had
acquired the human remains in question
in 1989. The Museum determined that
all the human remains in the inventory
were culturally unidentifiable.
SUPPLEMENTARY INFORMATION:
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15:08 Mar 03, 2009
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In 2007, the Onondaga Nation (the
Nation) presented to the Museum
information relevant to showing cultural
affiliation between the Nation and the
human remains in question, and
requested that the Museum repatriate
the human remains listed in the
inventory to the Nation. In response, the
Museum refused to repatriate the
human remains in the inventory to the
Nation, asserting that the Nation had not
shown cultural affiliation by a
preponderance of the evidence.
Disputing the decision of the
Museum, the Nation asked the Review
Committee to facilitate the dispute
between the Nation and the Museum.
The Review Committee Chair agreed to
the Nation’s request.
At its October 11-12, 2008 meeting,
the Review Committee considered the
dispute between the Nation and the
Museum. The sole issue of material fact
between the parties was whether the
relevant information provided by the
Onondaga Nation showed, by a
preponderance of the evidence, cultural
affiliation between the human remains
listed in the inventory and the Nation
on the basis of geographical, kinship,
biological, archeological,
anthropological, linguistic, folkloric,
oral traditional, historical, or other
relevant information or expert opinion.
FINDINGS OF FACT: By a vote of five to
one - six members, comprising a
quorum, were present -- the Review
Committee found that the
preponderance of the evidence shows a
relationship of shared group identity
between the Onondaga Nation (and the
greater Haudenosaunee Confederacy, of
which the Nation is a member-nation)
and the remains of the 180 Native
American individuals in the Engelbert
Site inventory.
RECOMMENDATIONS TO THE DISPUTING
PARTIES: By a vote of five to one - six
members, comprising a quorum, were
present -- the Review Committee
recommended that, consistent with the
NAGPRA criteria, the New York State
Museum expeditiously repatriate the
remains of the 180 Native American
individuals in the Engelbert Site
inventory to the Onondaga Nation. In
addition, by a unanimous vote - six
members, comprising a quorum, were
present -- the Review Committee
recommended that the New York State
Museum reevaluate the cultural
affiliation of all the Native American
human remains in its possession, or
under its control, which, on the basis of
their age, the Museum hitherto had
determined to be ‘‘culturally
unidentifiable’’ and that, in doing so,
the Museum use the preponderance of
all the available, relevant evidence as
PO 00000
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the standard for deciding cultural
affiliation or lack thereof.
Dated: February 27, 2009
Rosita Worl
Chair, Native American Graves Protection
and Repatriation Review Committee
[FR Doc. E9–4668 Filed 3–3–09; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–668]
In the Matter of Certain Non-Shellfish
Derived Glucosamine and Products
Containing Same; Notice of
Investigation
AGENCY: U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
January 28, 2009, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Cargill,
Incorporated of Wayzata, Minnesota. A
letter supplementing the complaint was
filed on February 13, 2009. The
complaint alleges violations of section
337 based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain nonshellfish derived glucosamine and
products containing same by reason of
infringement of certain claims of U.S.
Patent No. 7,049,433. The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and cease and desist
orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street, SW., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at 202–205–2000.
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]]>Agencies
[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Pages 9427-9428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4668]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
Native American Graves Protection and Repatriation Review
Committee Findings and Recommendations Regarding Cultural Items in the
Possession of the New York State Museum
AGENCY: National Park Service, Interior.
ACTION: Native American Graves Protection and Repatriation Review
Committee: Findings and Recommendations.
-----------------------------------------------------------------------
This notice is published as part of the National Park Service's
administrative
[[Page 9428]]
responsibilities pursuant to the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3006 (g)). The findings of fact and
recommendations to the disputing parties do not necessarily represent
the views of the National Park Service or the Secretary of the
Interior.
SUMMARY:
The Native American Graves Protection and Repatriation Review
Committee (Review Committee) was established by Section 8 of the Native
American Graves Protection and Repatriation Act (NAGPRA; 25 U.S.C.
3006) and is an advisory body governed by the Federal Advisory
Committee Act (5 App. U.S.C. 1-16). At its October 11-12, 2008 public
meeting in San Diego, CA, the Review Committee, acting pursuant to its
responsibilities to convene the parties to a dispute, review the
information provided by the parties, and make findings of fact and
recommendations relating to the cultural affiliation of the human
remains in an inventory, heard a dispute between the Onondaga Nation
and the New York State Museum. The issue before the Review Committee
was whether the relevant information presented by the Onondaga Nation
shows that, more likely than not, a relationship of shared group
identity reasonably can be traced between the Onondaga Nation and human
remains representing a minimum of 180 individuals which had been
removed from the ``Engelbert Site,'' also known as NYSM Site
171, in Nichols, Tioga County, New York and which are in the
possession and under the control of the New York State Museum. The
Review Committee found, by a preponderance of the evidence, that a
relationship of shared group identity reasonably can be traced between
the present-day Onondaga Nation and the human remains from the
Engelbert Site.
SUPPLEMENTARY INFORMATION: In 1998, the New York State Museum (the
Museum) completed an ``Inventory of Native American Human Remains from
the Engelbert Site, Tioga County, New York (NYSM Site 171), in
the Possession of the New York State Museum'' (the inventory). The
Native American human remains were excavated and removed from the
Engelbert Site in 1967 and 1968, as a result of the construction of the
Southern Tier Expressway (New York State Route 17). The Museum had
acquired the human remains in question in 1989. The Museum determined
that all the human remains in the inventory were culturally
unidentifiable.
In 2007, the Onondaga Nation (the Nation) presented to the Museum
information relevant to showing cultural affiliation between the Nation
and the human remains in question, and requested that the Museum
repatriate the human remains listed in the inventory to the Nation. In
response, the Museum refused to repatriate the human remains in the
inventory to the Nation, asserting that the Nation had not shown
cultural affiliation by a preponderance of the evidence.
Disputing the decision of the Museum, the Nation asked the Review
Committee to facilitate the dispute between the Nation and the Museum.
The Review Committee Chair agreed to the Nation's request.
At its October 11-12, 2008 meeting, the Review Committee considered
the dispute between the Nation and the Museum. The sole issue of
material fact between the parties was whether the relevant information
provided by the Onondaga Nation showed, by a preponderance of the
evidence, cultural affiliation between the human remains listed in the
inventory and the Nation on the basis of geographical, kinship,
biological, archeological, anthropological, linguistic, folkloric, oral
traditional, historical, or other relevant information or expert
opinion.
FINDINGS OF FACT: By a vote of five to one - six members,
comprising a quorum, were present -- the Review Committee found that
the preponderance of the evidence shows a relationship of shared group
identity between the Onondaga Nation (and the greater Haudenosaunee
Confederacy, of which the Nation is a member-nation) and the remains of
the 180 Native American individuals in the Engelbert Site inventory.
RECOMMENDATIONS TO THE DISPUTING PARTIES: By a vote of five to one
[macr] six members, comprising a quorum, were present -- the Review
Committee recommended that, consistent with the NAGPRA criteria, the
New York State Museum expeditiously repatriate the remains of the 180
Native American individuals in the Engelbert Site inventory to the
Onondaga Nation. In addition, by a unanimous vote [macr] six members,
comprising a quorum, were present -- the Review Committee recommended
that the New York State Museum reevaluate the cultural affiliation of
all the Native American human remains in its possession, or under its
control, which, on the basis of their age, the Museum hitherto had
determined to be ``culturally unidentifiable'' and that, in doing so,
the Museum use the preponderance of all the available, relevant
evidence as the standard for deciding cultural affiliation or lack
thereof.
Dated: February 27, 2009
Rosita Worl
Chair, Native American Graves Protection and Repatriation Review
Committee
[FR Doc. E9-4668 Filed 3-3-09; 8:45 am]
BILLING CODE 4312-50-S
