Notice of Inventory Completion: Huguenot Historical Society, New Paltz, NY, 56085-56086 [2022-19783]
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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
the Federal government pursuant to the
HEARTH Act.
Section 5 of the Indian Reorganization
Act, 25 U.S.C. 5108, preempts State and
local taxation of permanent
improvements on trust land.
Confederated Tribes of the Chehalis
Reservation v. Thurston County, 724
F.3d 1153, 1157 (9th Cir. 2013) (citing
Mescalero Apache Tribe v. Jones, 411
U.S. 145 (1973)). Similarly, section 5108
preempts State taxation of rent
payments by a lessee for leased trust
lands, because ‘‘tax on the payment of
rent is indistinguishable from an
impermissible tax on the land.’’ See
Seminole Tribe of Florida v. Stranburg,
799 F.3d 1324, 1331, n.8 (11th Cir.
2015). In addition, as explained in the
preamble to the revised leasing
regulations at 25 CFR part 162, Federal
courts have applied a balancing test to
determine whether State and local
taxation of non-Indians on the
reservation is preempted. White
Mountain Apache Tribe v. Bracker, 448
U.S. 136, 143 (1980). The Bracker
balancing test, which is conducted
against a backdrop of ‘‘traditional
notions of Indian self-government,’’
requires a particularized examination of
the relevant State, Federal, and Tribal
interests. We hereby adopt the Bracker
analysis from the preamble to the
surface leasing regulations, 77 FR at
72447–48, as supplemented by the
analysis below.
The strong Federal and Tribal
interests against State and local taxation
of improvements, leaseholds, and
activities on land leased under the
Department’s leasing regulations apply
equally to improvements, leaseholds,
and activities on land leased pursuant to
Tribal leasing regulations approved
under the HEARTH Act. Congress’s
overarching intent was to ‘‘allow Tribes
to exercise greater control over their
own land, support self-determination,
and eliminate bureaucratic delays that
stand in the way of homeownership and
economic development in Tribal
communities.’’ 158 Cong. Rec. H. 2682
(May 15, 2012). The HEARTH Act was
intended to afford Tribes ‘‘flexibility to
adapt lease terms to suit [their] business
and cultural needs’’ and to ‘‘enable
[Tribes] to approve leases quickly and
efficiently.’’ H. Rep. 112–427 at 6
(2012).
Assessment of State and local taxes
would obstruct these express Federal
policies supporting Tribal economic
development and self-determination,
and also threaten substantial Tribal
interests in effective Tribal government,
economic self-sufficiency, and territorial
autonomy. See Michigan v. Bay Mills
Indian Community, 572 U.S. 782, 810
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17:30 Sep 12, 2022
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(2014) (Sotomayor, J., concurring)
(determining that ‘‘[a] key goal of the
Federal Government is to render Tribes
more self-sufficient, and better
positioned to fund their own sovereign
functions, rather than relying on Federal
funding’’). The additional costs of State
and local taxation have a chilling effect
on potential lessees, as well as on a
Tribe that, as a result, might refrain from
exercising its own sovereign right to
impose a Tribal tax to support its
infrastructure needs. See id. at 810–11
(finding that State and local taxes
greatly discourage Tribes from raising
tax revenue from the same sources
because the imposition of double
taxation would impede Tribal economic
growth).
Similar to BIA’s surface leasing
regulations, Tribal regulations under the
HEARTH Act pervasively cover all
aspects of leasing. See 25 U.S.C.
415(h)(3)(B)(i) (requiring Tribal
regulations be consistent with BIA
surface leasing regulations).
Furthermore, the Federal government
remains involved in the Tribal land
leasing process by approving the Tribal
leasing regulations in the first instance
and providing technical assistance,
upon request by a Tribe, for the
development of an environmental
review process. The Secretary also
retains authority to take any necessary
actions to remedy violations of a lease
or of the Tribal regulations, including
terminating the lease or rescinding
approval of the Tribal regulations and
reassuming lease approval
responsibilities. Moreover, the Secretary
continues to review, approve, and
monitor individual Indian land leases
and other types of leases not covered
under the Tribal regulations according
to the Part 162 regulations.
Accordingly, the Federal and Tribal
interests weigh heavily in favor of
preemption of State and local taxes on
lease-related activities and interests,
regardless of whether the lease is
governed by Tribal leasing regulations
or Part 162. Improvements, activities,
and leasehold or possessory interests
may be subject to taxation by the Pueblo
of Laguna, New Mexico.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2022–19667 Filed 9–12–22; 8:45 am]
BILLING CODE 4337–15–P
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56085
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0034493;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Inventory Completion:
Huguenot Historical Society, New
Paltz, NY
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The Huguenot Historical
Society has completed an inventory of
human remains in consultation with the
appropriate Indian Tribes or Native
Hawaiian organizations, and has
determined that there is a cultural
affiliation between the human remains
and present-day Indian Tribes or Native
Hawaiian organizations. Lineal
descendants or representatives of any
Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains should submit
a written request to the Huguenot
Historical Society. If no additional
requestors come forward, transfer of
control of the human remains to the
lineal descendants, Indian Tribes, or
Native Hawaiian organizations stated in
this notice may proceed.
DATES: Lineal descendants or
representatives of any Indian Tribe or
Native Hawaiian organization not
identified in this notice that wish to
request transfer of control of these
human remains should submit a written
request with information in support of
the request to the Huguenot Historical
Society at the address in this notice by
October 13, 2022.
FOR FURTHER INFORMATION CONTACT:
Liselle LaFrance, President, Huguenot
Historical Society, 88 Huguenot Street,
New Paltz, NY 12561, telephone (845)
255–1660, email liselle@
huguenotstreet.org.
SUMMARY:
Notice is
here given in accordance with the
Native American Graves Protection and
Repatriation Act (NAGPRA), 25 U.S.C.
3003, of the completion of an inventory
of human remains under the control of
the Huguenot Historical Society, New
Paltz, NY. The human remains were
removed from New Paltz, Ulster County,
NY.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
the museum, institution, or Federal
agency that has control of the Native
American human remains. The National
SUPPLEMENTARY INFORMATION:
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56086
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
Park Service is not responsible for the
determinations in this notice.
Consultation
A detailed assessment of the human
remains was made by the Huguenot
Historical Society professional staff in
consultation with representatives of the
Delaware Nation, Oklahoma; Delaware
Tribe of Indians; and the Stockbridge
Munsee Community, Wisconsin
(hereafter referred to as ‘‘The Tribes’’).
jspears on DSK121TN23PROD with NOTICES
History and Description of the Remains
In 2005, human remains representing,
at minimum, one individual were
removed from Historic Huguenot Street
in New Paltz, Ulster County, NY, by Jay
Cohen of Cultural Resource Consulting
as part of an excavation along the
northern wall of the Jean Hasbrouck
House. This work was done to comply
with the New York State Environmental
Quality Review Act. In 2021, the human
remains were discovered by Huguenot
Historical Society staff during a review
of recently returned artifact collections.
The human remains are comprised of
five skeletal fragments. No known
individual was identified. No associated
funerary objects are present.
In the early 2000s, human remains
representing, at minimum, one
individual were removed from Historic
Huguenot Street in New Paltz, Ulster
County, NY, by Dr. Joe Diamond of State
University of New York at New Paltz as
part of an archeological field school.
After a forensic anthropologist
identified the remains as human, they
were taken to local law enforcement and
the fieldwork was halted. Subsequently,
the human remains were given to a
representative of the Huguenot
Historical Society. In May of 2021, the
human remains were discovered by
Huguenot Historical Society staff during
a review of the collection. No known
individual was identified. No associated
funerary objects are present.
Stockbridge Munsee Community
Tribal Historic Preservation
representatives reviewed the collection
with Huguenot Historical Society staff
in May of 2022 and related that,
according to Lenape oral tradition,
present-day New Paltz lay within the
Tribe’s territory. The 1677 HuguenotLenape land agreement serves as
further, documentary evidence of
Lenape history in this location. The
descendants of these earlier Lenape are
The Tribes.
Determinations Made by the Huguenot
Historical Society
Officials of the Huguenot Historical
Society have determined that:
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• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of two
individuals of Native American
ancestry.
• 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 The Tribes.
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains should submit
a written request with information in
support of the request to Liselle
LaFrance, President, Huguenot
Historical Society, 88 Huguenot Street,
New Paltz, NY 12561, telephone (845)
255–1660, email liselle@
huguenotstreet.org, by October 13, 2022.
After that date, if no additional
requestors have come forward, transfer
of control of the human remains to The
Tribes may proceed.
The Huguenot Historical Society is
responsible for notifying The Tribes that
this notice has been published.
Dated: September 1, 2022.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022–19783 Filed 9–12–22; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1328]
Certain Pillows and Seat Cushions,
Components Thereof, and Packaging
Thereof; Notice of Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 5, 2022, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of Purple Innovation, LLC of
Lehi, Utah. Supplements to the
complaint were filed on August 9, 2022
and August 22, 2022. The complaint, as
supplemented, 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 pillows and seat cushions,
components thereof, and packaging
thereof by reason of the infringement of:
SUMMARY:
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(1) certain claims of U.S. Design Patent
No. D909,092 (‘‘the ’092 patent’’); U.S.
Patent No. 10,772,445 (‘‘the ’445
patent’’); and U.S. Patent No. 10,863,837
(‘‘the ’837 patent’’); (2) U.S. Trademark
Registration No. 5,661,556 (‘‘the ’556
mark’’) and U.S. Trademark Registration
No. 6,551,053 (‘‘the ’053 mark’’) and
that an industry in the United States
exists as required by the applicable
Federal Statute. The complaint further
alleges violations of section 337 based
upon the importation into the United
States, or in the sale of certain pillows
and seat cushions, components thereof,
and packaging thereof by reason of trade
dress infringement, the threat or effect
of which is to destroy or substantially
injure an industry in the United States.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited and a general exclusion order, or
in the alternative a limited exclusion
order, and cease and desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. 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. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 6, 2022, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended,
(a) an investigation be instituted to
determine whether there is a violation
of subsection (a)(1)(A) of section 337 in
the importation into the United States,
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Agencies
[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56085-56086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19783]
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DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-NAGPRA-NPS0034493; PPWOCRADN0-PCU00RP14.R50000]
Notice of Inventory Completion: Huguenot Historical Society, New
Paltz, NY
AGENCY: National Park Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Huguenot Historical Society has completed an inventory of
human remains in consultation with the appropriate Indian Tribes or
Native Hawaiian organizations, and has determined that there is a
cultural affiliation between the human remains and present-day Indian
Tribes or Native Hawaiian organizations. Lineal descendants or
representatives of any Indian Tribe or Native Hawaiian organization not
identified in this notice that wish to request transfer of control of
these human remains should submit a written request to the Huguenot
Historical Society. If no additional requestors come forward, transfer
of control of the human remains to the lineal descendants, Indian
Tribes, or Native Hawaiian organizations stated in this notice may
proceed.
DATES: Lineal descendants or representatives of any Indian Tribe or
Native Hawaiian organization not identified in this notice that wish to
request transfer of control of these human remains should submit a
written request with information in support of the request to the
Huguenot Historical Society at the address in this notice by October
13, 2022.
FOR FURTHER INFORMATION CONTACT: Liselle LaFrance, President, Huguenot
Historical Society, 88 Huguenot Street, New Paltz, NY 12561, telephone
(845) 255-1660, email [email protected].
SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the
Native American Graves Protection and Repatriation Act (NAGPRA), 25
U.S.C. 3003, of the completion of an inventory of human remains under
the control of the Huguenot Historical Society, New Paltz, NY. The
human remains were removed from New Paltz, Ulster County, NY.
This notice is published as part of the National Park Service's
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The
determinations in this notice are the sole responsibility of the
museum, institution, or Federal agency that has control of the Native
American human remains. The National
[[Page 56086]]
Park Service is not responsible for the determinations in this notice.
Consultation
A detailed assessment of the human remains was made by the Huguenot
Historical Society professional staff in consultation with
representatives of the Delaware Nation, Oklahoma; Delaware Tribe of
Indians; and the Stockbridge Munsee Community, Wisconsin (hereafter
referred to as ``The Tribes'').
History and Description of the Remains
In 2005, human remains representing, at minimum, one individual
were removed from Historic Huguenot Street in New Paltz, Ulster County,
NY, by Jay Cohen of Cultural Resource Consulting as part of an
excavation along the northern wall of the Jean Hasbrouck House. This
work was done to comply with the New York State Environmental Quality
Review Act. In 2021, the human remains were discovered by Huguenot
Historical Society staff during a review of recently returned artifact
collections. The human remains are comprised of five skeletal
fragments. No known individual was identified. No associated funerary
objects are present.
In the early 2000s, human remains representing, at minimum, one
individual were removed from Historic Huguenot Street in New Paltz,
Ulster County, NY, by Dr. Joe Diamond of State University of New York
at New Paltz as part of an archeological field school. After a forensic
anthropologist identified the remains as human, they were taken to
local law enforcement and the fieldwork was halted. Subsequently, the
human remains were given to a representative of the Huguenot Historical
Society. In May of 2021, the human remains were discovered by Huguenot
Historical Society staff during a review of the collection. No known
individual was identified. No associated funerary objects are present.
Stockbridge Munsee Community Tribal Historic Preservation
representatives reviewed the collection with Huguenot Historical
Society staff in May of 2022 and related that, according to Lenape oral
tradition, present-day New Paltz lay within the Tribe's territory. The
1677 Huguenot-Lenape land agreement serves as further, documentary
evidence of Lenape history in this location. The descendants of these
earlier Lenape are The Tribes.
Determinations Made by the Huguenot Historical Society
Officials of the Huguenot Historical Society have determined that:
Pursuant to 25 U.S.C. 3001(9), the human remains described
in this notice represent the physical remains of two individuals of
Native American ancestry.
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 The Tribes.
Additional Requestors and Disposition
Lineal descendants or representatives of any Indian Tribe or Native
Hawaiian organization not identified in this notice that wish to
request transfer of control of these human remains should submit a
written request with information in support of the request to Liselle
LaFrance, President, Huguenot Historical Society, 88 Huguenot Street,
New Paltz, NY 12561, telephone (845) 255-1660, email
[email protected], by October 13, 2022. After that date, if no
additional requestors have come forward, transfer of control of the
human remains to The Tribes may proceed.
The Huguenot Historical Society is responsible for notifying The
Tribes that this notice has been published.
Dated: September 1, 2022.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022-19783 Filed 9-12-22; 8:45 am]
BILLING CODE 4312-52-P