Buy American Exception Under the American Recovery and Reinvestment Act of 2009, 54486-54487 [2011-22385]

Download as PDF 54486 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES submitted Culturally Unidentifiable Inventory of human remains and associated funerary objects for this site. This review was based on additional information submitted by the tribe on behalf of its claim, as well as additional research on the Museum’s collections of documentary and physical evidence. As a result, the Museum has revised its original determination that the human remains and associated funerary objects described in this notice were culturally unidentifiable, and has determined them to be culturally affiliated. In addition, the review has resulted in other changes to the inventory. First, it has been determined that there were two catalog numbers listed that are not currently found in the collection, thereby reducing the catalog numbers for the remains to 32. Second, both the number of individuals and associated funerary objects has changed. The minimum number of individuals changed from 46 to 51, and the number of associated funerary objects changed from 117 individual objects to 18 lots of objects. History and Description of the Remains Between January 1, 1936, and December 31, 1937, human remains representing a minimum of 51 individuals were collected from CA– Sac–16, in Sacramento County, CA. The excavation was conducted by Sacramento Junior College, and the materials were taken to Sacramento Junior College at that time. Between 1940 to 1942, human remains were brought from Sacramento Junior College to the museum (represented by the catalog numbers 1–238637, 1–238524, 12–8069, 12–6651, 12–6652, 12–6990, 12–11171, 12–11172). Additional human remains were donated by Sacramento Junior College to Gila Pueblo in 1948, and subsequently were transferred to the museum (represented by the catalog numbers 12–7769, 12– 7770, 12–7773, 12–7774, 12–7775, 12– 7776, 12–7777, 12–7805, 12–7806, 12– 7807, 12–7809, 12–7811, 12–7817, 12– 7838, 12–7839, 12–7858, 12–7861, 12– 7875, 12–7876, 12–7898, 12–7905, 12– 7907, 12–7908, 12–7909). No known individuals were identified. The 18 associated funerary objects (representing 18 catalog numbers) are 8 lots of beads, 1 bead fragment, 1 blade, 1 hook, 2 lots of ornaments, 1 projectile point, 1 abalone shell, 1 deer tooth, 1 lot of acorn fragments, and 1 baked clay object. As previously reported, the overall CA–Sac–16 site appears to represent roughly 2,800 years of human occupation between the Middle Horizon and Euro-American contact in the VerDate Mar<15>2010 16:16 Aug 31, 2011 Jkt 223001 Central Valley of California. Additional research has now revealed that three of the 32 cataloged human skeletal remains for CA–Sac–16 (12–8069, 12–6651, and 12–6652) may be placed chronologically within the Late Horizon based on an assessment of the directly associated artifacts. Human skeletal remains associated with the remaining 29 catalog numbers cannot currently be placed chronologically or stratigraphically due to lack of provenience documentation, potential comingling of burials during original acquisition, and lack of associated temporal markers or radiometric determinations. These remains were originally reported in the museum’s inventory as ‘‘culturally unidentifiable.’’ The consultation and research conducted as a result of the Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract), California’s request to the Museum for re-assessment of cultural affiliation included a detailed study of the entire collection of 453 temporally diagnostic artifacts (largely projectile points and beads) recovered from the site during recovery of the human remains. That study has demonstrated that 97% of these artifacts are chronologically attributable to the Late Horizon, and has established a shared group identity between The Tribes (as well as the Miwok Tribe of the El Dorado Rancheria, a non-Federally recognized Indian Group), and the earlier identifiable group represented by the Late Horizon human remains and associated funerary objects in the CA– SAC–16 assemblage inventoried herein. Further confirmation of this cultural affiliation is the correspondence of CA– Sac–16 to the ethnohistorically described village of Nawrean. A full review of the collections has failed to identify any evidence of earlier remains in the holdings from CA–SAC–16. Therefore, cultural affiliation with extant tribes which occupied this area aboriginally can now be established by a preponderance of the evidence. Determinations Made by the Phoebe A. Hearst Museum of Anthropology at the University of California, Berkeley Officials of the Phoebe A. Hearst Museum of Anthropology at the University of California, Berkeley, have determined that: • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice most likely represent the physical remains of 51 individuals of Native American ancestry. • Pursuant to 25 U.S.C. 3001(3)(A), the 18 objects described above are reasonably believed to have been placed PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 with or near individual human remains at the time of death or later as part of the death rite or ceremony. • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and The Tribes, and the Miwok Tribe of the El Dorado Rancheria, a nonFederally recognized Indian Group. Additional Requestors and Disposition Representatives from any other Indian tribe that believes itself to be culturally affiliated with the human remains and associated funerary objects should contact Dr. Anthony Garcia, Phoebe A. Hearst Museum of Anthropology, UC Berkeley, 103 Kroeber Hall, Berkeley, CA 94720–3712, telephone (510) 643– 5283, before October 3, 2011. Repatriation of the human remains and associated funerary objects to The Tribes may proceed after that date if no additional claimants come forward. The Phoebe A. Hearst Museum of Anthropology at the University of California, Berkeley, is responsible for notifying The Tribes, and the Miwok Tribe of the El Dorado Rancheria, a nonFederally recognized Indian Group, that this notice has been published. Dated: August 29, 2011. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. 2011–22426 Filed 8–31–11; 8:45 am] BILLING CODE 4312–50–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Buy American Exception Under the American Recovery and Reinvestment Act of 2009 AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of approval. This notice provides information regarding the Bureau of Reclamation (Reclamation) approval of the Buy American waiver requested by the Sunnyside Division Board of Control (SDBOC) to purchase foreign-produced ductile iron flanges also known as bolt rings used to connect high-density polyethylene (HDPE) and polyvinyl chloride (PVC) pipe as part of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for the Enclosed Lateral Improvement Project (ELIPS) located in Sunnyside, Washington. SUMMARY: E:\FR\FM\01SEN1.SGM 01SEN1 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices The effective date of the Buy American Waiver approval was August 16, 2011. FOR FURTHER INFORMATION CONTACT: Wilson Orvis, Grants Management Analyst—Acquisition and Assistance Management Division, Bureau of Reclamation, Denver Federal Center, Building 56, Room 1006, P.O. Box 25007 (84–27850), Denver, CO 80225– 0007; telephone: (303) 445–2444; or via e-mail at worvis@usbr.gov. SUPPLEMENTARY INFORMATION: DATES: Background The total estimated cost of the ELIPS project is $33,000,000, of which $21,400,000 is the Federal cost-share of the ARRA funded grant. The ductile iron flanges are not available in the United States and are necessary for the construction of the ELIPS project. The SDBOC engineers conducted market research for the domestic ductile iron flange production industry and determined there is currently no domestic availability for ductile iron flanges for use with HDPE and PVC pipe. Congress has enacted a Buy American provision which requires manufactured goods permanently incorporated into a project funded with ARRA funds to be produced in the United States. The application of Buy American is triggered by the obligation of Federal ARRA funds to a project. Once ARRA funds are obligated to a project, then all iron, steel, and manufactured goods incorporated into the project must be produced in the United States. The specific statutory requirement reads as follows: srobinson on DSK4SPTVN1PROD with NOTICES Section 1605 of the Recovery Act prohibits the use of recovery funds for a project for the construction, alteration, maintenance, or public work unless all of the iron, steel, and manufactured goods are produced in the United States. 2 CFR 176.80 Under 2 CFR 176.80(a), the head of the Federal department or agency may waive the Buy American requirements for specific products on an ARRA funded construction project when Buy American is inconsistent with the public interest; such materials and products are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality; or inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. The waiver process is initiated by a requesting organization when it believes that a waiver is warranted pursuant to any of the three waiver provisions under VerDate Mar<15>2010 16:16 Aug 31, 2011 Jkt 223001 2 CFR 176.80(a). The SDBOC submitted a Buy American waiver request based on the waiver provision under 2 CFR 176.80(a)(1)—Nonavailability. The project requirements specified the use of ductile iron flanges that were determined through industry research conducted by SDBOC to not be domestically available. Based on the confirmation that these ductile iron flanges used with HDPE pipe are not currently available, Reclamation approved the Buy American waiver request. Reclamation’s publication of its Buy American decision is required pursuant to the Buy American Act, 2 CFR 176.80(b)(2). The specific statutory requirement reads as follows: The head of the Federal department or agency shall publish a notice in the Federal Register within two weeks after the determination is made, unless the item has been already determined to be domestically non-available. A list of items that are not domestically available is at 48 CFR 25.104(a). The Federal Register notice or information from the notice may be posted by OMB to Recovery.gov. The notice shall include—(i) The title ‘‘Buy American Exception under the American Recovery and Reinvestment Act of 2009’’; (ii) The dollar value and brief description of the project; and (iii) A detailed written justification as to why the restriction is being waived. Upon publication of this Federal Register notice, Reclamation is notifying the public of the decision to approve the Buy American waiver requested by the SDBOC to purchase foreign ductile iron flanges as part of the ARRA grant for the SDBOC ELIPS project located in Sunnyside, Washington. Dated: August 26, 2011. Karl E. Wirkus, Pacific Northwest Regional Director, Bureau of Reclamation. [FR Doc. 2011–22385 Filed 8–31–11; 8:45 am] BILLING CODE 4310–MN–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Charter Renewal, Glen Canyon Dam Adaptive Management Work Group Bureau of Reclamation, Interior. ACTION: Notice of renewal. AGENCY: Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior (Secretary) is renewing the charter for the Glen Canyon Dam Adaptive Management Work Group. The purpose of the Adaptive Management Work Group is to advise and to provide SUMMARY: PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 54487 recommendations to the Secretary with respect to the operation of Glen Canyon Dam and the exercise of other authorities pursuant to applicable Federal law. FOR FURTHER INFORMATION CONTACT: Linda Whetton, 801–524–3880. SUPPLEMENTARY INFORMATION: This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972 (Pub. L. 92–463, as amended). The certification of renewal is published below. Certification I hereby certify that Charter renewal of the Glen Canyon Dam Adaptive Management Work Group is in the public interest in connection with the performance of duties imposed on the Department of the Interior. Ken Salazar, Secretary of the Interior. [FR Doc. 2011–22382 Filed 8–31–11; 8:45 am] BILLING CODE 4310–MN–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–683; Third Review] Fresh Garlic From China; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Fresh Garlic From China United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on fresh garlic from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is October 3, 2011. Comments on the adequacy of responses may be filed with the Commission by SUMMARY: 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 11–5–257, expiration date June 30, 2014. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54486-54487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22385]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Buy American Exception Under the American Recovery and 
Reinvestment Act of 2009

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of approval.

-----------------------------------------------------------------------

SUMMARY: This notice provides information regarding the Bureau of 
Reclamation (Reclamation) approval of the Buy American waiver requested 
by the Sunnyside Division Board of Control (SDBOC) to purchase foreign-
produced ductile iron flanges also known as bolt rings used to connect 
high-density polyethylene (HDPE) and polyvinyl chloride (PVC) pipe as 
part of the American Recovery and Reinvestment Act of 2009 (ARRA) grant 
for the Enclosed Lateral Improvement Project (ELIPS) located in 
Sunnyside, Washington.

[[Page 54487]]


DATES: The effective date of the Buy American Waiver approval was 
August 16, 2011.

FOR FURTHER INFORMATION CONTACT: Wilson Orvis, Grants Management 
Analyst--Acquisition and Assistance Management Division, Bureau of 
Reclamation, Denver Federal Center, Building 56, Room 1006, P.O. Box 
25007 (84-27850), Denver, CO 80225-0007; telephone: (303) 445-2444; or 
via e-mail at worvis@usbr.gov.

SUPPLEMENTARY INFORMATION:

Background

    The total estimated cost of the ELIPS project is $33,000,000, of 
which $21,400,000 is the Federal cost-share of the ARRA funded grant. 
The ductile iron flanges are not available in the United States and are 
necessary for the construction of the ELIPS project. The SDBOC 
engineers conducted market research for the domestic ductile iron 
flange production industry and determined there is currently no 
domestic availability for ductile iron flanges for use with HDPE and 
PVC pipe.
    Congress has enacted a Buy American provision which requires 
manufactured goods permanently incorporated into a project funded with 
ARRA funds to be produced in the United States. The application of Buy 
American is triggered by the obligation of Federal ARRA funds to a 
project. Once ARRA funds are obligated to a project, then all iron, 
steel, and manufactured goods incorporated into the project must be 
produced in the United States. The specific statutory requirement reads 
as follows:

    Section 1605 of the Recovery Act prohibits the use of recovery 
funds for a project for the construction, alteration, maintenance, 
or public work unless all of the iron, steel, and manufactured goods 
are produced in the United States.

2 CFR 176.80

    Under 2 CFR 176.80(a), the head of the Federal department or agency 
may waive the Buy American requirements for specific products on an 
ARRA funded construction project when Buy American is inconsistent with 
the public interest; such materials and products are not produced in 
the United States in sufficient and reasonably available quantities and 
of satisfactory quality; or inclusion of domestic material will 
increase the cost of the overall project contract by more than 25 
percent.
    The waiver process is initiated by a requesting organization when 
it believes that a waiver is warranted pursuant to any of the three 
waiver provisions under 2 CFR 176.80(a). The SDBOC submitted a Buy 
American waiver request based on the waiver provision under 2 CFR 
176.80(a)(1)--Nonavailability. The project requirements specified the 
use of ductile iron flanges that were determined through industry 
research conducted by SDBOC to not be domestically available. Based on 
the confirmation that these ductile iron flanges used with HDPE pipe 
are not currently available, Reclamation approved the Buy American 
waiver request.
    Reclamation's publication of its Buy American decision is required 
pursuant to the Buy American Act, 2 CFR 176.80(b)(2). The specific 
statutory requirement reads as follows:

    The head of the Federal department or agency shall publish a 
notice in the Federal Register within two weeks after the 
determination is made, unless the item has been already determined 
to be domestically non-available. A list of items that are not 
domestically available is at 48 CFR 25.104(a). The Federal Register 
notice or information from the notice may be posted by OMB to 
Recovery.gov. The notice shall include--(i) The title ``Buy American 
Exception under the American Recovery and Reinvestment Act of 
2009''; (ii) The dollar value and brief description of the project; 
and (iii) A detailed written justification as to why the restriction 
is being waived.

    Upon publication of this Federal Register notice, Reclamation is 
notifying the public of the decision to approve the Buy American waiver 
requested by the SDBOC to purchase foreign ductile iron flanges as part 
of the ARRA grant for the SDBOC ELIPS project located in Sunnyside, 
Washington.

    Dated: August 26, 2011.
Karl E. Wirkus,
 Pacific Northwest Regional Director, Bureau of Reclamation.
[FR Doc. 2011-22385 Filed 8-31-11; 8:45 am]
BILLING CODE 4310-MN-P

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