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Code · REGISTER · 2006-12-29 · National Park Service, Interior · Notices

Notices. Notice

6,210 words·~28 min read·/register/2006/12/29/06-9916

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BILLING CODE 4312-52-M DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: American Museum of Natural History, New York, NY AGENCY: National Park Service, Interior. ACTION: Notice. 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 and associated funerary objects in the possession of the American Museum of Natural History, New York, NY.
The human remains and associated funerary objects were collected from Bronx County, Kings County, New York County, Queens County, and Westchester 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 and associated funerary objects.
The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by American Museum of Natural History professional staff in consultation with representatives of the Delaware Nation, Oklahoma; Delaware Tribe of Indians, Oklahoma (now part of the Cherokee Nation, Oklahoma); and Stockbridge Munsee Community, Wisconsin. In 1898, human remains representing a minimum of seven individuals were collected by Raymond M.
Harrington from Croton Neck, Croton-on-Hudson, Westchester County, NY. In 1899, the human remains were acquired by the museum as a gift from William R. Warren. No known individuals were identified. The 20 associated funerary objects are 2 oyster shells, 14 paintstone fragments, 3 chert pebbles, and 1 clay smoking pipe, which dates to the late 17th or early 18th century and is apparently of British manufacture. The individuals have been identified as Native American based on the presence of items of Native American manufacture.
Flexed burials and the relative scarcity of funerary objects are consistent with Late Woodland period burial practices. Geographic location is consistent with the traditional and postcontact territory of the “Kitchawonck,” a Munsee Delaware Indian group. In 1899, human remains representing a minimum of four individuals were collected by M. Raymond Harrington from the south shore of Le Roy Bay, Pelham Bay Park, Bronx County, NY, during an expedition sponsored by the American Museum of Natural History.
No known individuals were identified. The 14 associated funerary objects are 4 shell pieces, 5 stone chips, 2 pottery sherds, 1 stone scraper, 1 mica ornament, and 1 piece of elk bone. The individuals have been identified as Native American based on the presence of a large Native American habitation site and the presence of items of Native American manufacture. The human remains recovered from the Le Roy Bay site are considered to date to the Late Woodland period (after A.D. 1100).
Geographic location is consistent with the traditional and post-contact territory of the Munsee Delaware Indian groups. In 1899, human remains representing a minimum of one individual were collected by M. Raymond Harrington from a shell-filled pit on the Ryder property, Avenue U vicinity, Marine Park, Kings County, NY, during an American Museum of Natural History expedition. The American Museum of Natural History acquired the human remains and associated funerary objects later that same year as part of this expedition.
No known individual was identified. The approximately 192 associated funerary objects are 1 pipe bowl, 10 shells, 2 bone tools, 10 pottery fragments, 12 stone chips, 1 piece of crab claw, 6 turtle shell fragments, and a minimum of 150 animal bones. The individual has been identified as Native American based on the mode of burial and the presence of items of Native American manufacture. Based on the literature and the burial context, the human remains are considered to date to the Late Woodland period (after A.D. 1100).
Geographic location is consistent with the traditional and postcontact territory of the Munsee Delaware Indian groups. Possibly in 1900, human remains representing a minimum of one individual were collected by M. Raymond Harrington, from a camp burial site at Avenue U and Ryder's Pond, Marine Park, Kings County, NY. The museum acquired the human remains in 1900 as a gift from Mr. Putnam, who supported Mr. Harrington's expeditions. No known individual was identified. The 111 associated funerary objects are 1 pipe stem; 2 sinkers; 32 animal, bird, fish, and turtle bones; 5 stone tools; 1 bone tool; and 70 hickory shells and charcoal fragments.
The individual has been identified as Native American based on presence of a Native American occupation site and the presence of items of Native American manufacture. Based on the literature and the burial context, the human remains are considered to date to the Late Woodland period (after A.D. 1100). Geographic location is consistent with the traditional and postcontact territory of the Munsee Delaware Indian groups. In 1907, human remains representing a minimum of one individual were collected by Reginald P.
Bolton and W.L. Calver from a shell pit in Corbet's Garden, 160 feet west of the west side of Cooper Street, 220 feet south of Hawthorne Street, Inwood, New York County, NY. The American Museum of Natural History purchased the human remains and associated funerary objects from Mr. Bolton in 1910. No known individual was identified. The 194 associated funerary objects are 77 shell fragments, 32 pottery fragments, and 85 sturgeon scale fragments. The individual has been identified as Native American based on the mode of burial and the presence of items of Native American manufacture.
Based on the literature and the burial context, the human remains are considered to date to the Late Woodland period (after A.D. 1100). Geographic location is consistent with the traditional and postcontact territory of the Munsee Delaware Indian groups. In 1907 and 1908, human remains representing a minimum of 14 individuals were collected by Reginald P. Bolton and W.L. Carver from Seaman Avenue, Inwood, New York County, NY. The human remains were purchased by the museum in 1910.
No known individuals were identified. The 35 associated funerary objects are 32 oyster shells, 1 stone, 1 pottery fragment, and 1 stone point. The individuals have been identified as Native American based on the presence of a native shell refuse heap and the presence of items of Native American manufacture. The site from which the human remains were collected has been identified as a Late Woodland to early contact period site. Based on the literature, the burial context of the human remains, and the lack of associated items from the Historic period, the human remains are considered to date to the Late Woodland period (after A.D. 1100).
Geographic location is consistent with the traditional and postcontact territory of the Munsee Delaware Indian groups. In 1939, human remains representing a minimum of two individuals were collected by Ralph Solecki from a shell pit at the head of Hawtree Creek, an arm of Jamaica Bay, Aquaduct, Queens County, NY. The American Museum of Natural History received the human remains from Mr. Solecki as a gift in 1947. No known individuals were identified. The two associated funerary objects are one oyster shell and one pottery fragment.
The individuals have been identified as Native American based on the mode of burial and the presence of an item of Native American manufacture. Based on the literature and the burial context of the human remains, the human remains are considered to date to the Late Woodland period (after A.D. 1100). Geographic location is consistent with the traditional and postcontact territory of the Munsee Delaware Indian groups. In the late 1950s, human remains representing a minimum of 29 individuals were collected by Mr.
E.J. Kaeser from an ossuary at the Archery Range site, Pelham Bay Park, Bronx County, NY. The American Museum of Natural History received the human remains from Mr. Kaeser as a gift in 1967. No known individuals were identified. No associated funerary objects are present. The individuals have been identified as Native American based on the mode of burial and the presence of items of Native American manufacture that are listed in the field notes but which are not part of the museum's collection.
Based on the literature and the burial context of the human remains in an ossuary mixed with shell midden located on a knoll overlooking Pelham Bay, the human remains are considered to date to the Late Woodland period (after A.D. 1100). Geographic location is consistent with the traditional and postcontact territory of the Munsee Delaware Indian groups. Officials of the American Museum of Natural History have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of a minimum of 59 individuals of Native American ancestry.
Officials of the American Museum of Natural History have also determined that, pursuant to 25 U.S.C. 3001 (3)(A), the approximately 568 objects described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony. Lastly, officials of the American Museum of Natural History have determined that, 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 Cherokee Nation, Oklahoma;
Delaware Nation, Oklahoma; and Stockbridge-Munsee Community, Wisconsin. A cultural affiliation determination with the Delaware Tribe of Indians, Oklahoma was made prior to the tribe's change in status. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains and associated funerary objects should contact Nell Murphy, Director of Cultural Resources, American Museum of Natural History, Central Park West at 79th Street, New York, NY 10024-5192,telephone
(212)769-5837, before January 29, 2007. Repatriation of the human remains and associated funerary objects to the Cherokee Nation, Oklahoma; Delaware Nation, Oklahoma; and Stockbridge-Munsee Community, Wisconsin may proceed after that date if no additional claimants come forward. The American Museum of Natural History is responsible for notifying the Cherokee Nation, Oklahoma; Delaware Nation, Oklahoma; and Stockbridge-Munsee Community, Wisconsin that this notice has been published. Dated: November 24, 2006. Sherry Hutt, Manager National NAGPRA Program [FR Doc. E6-22343 Filed 12-28-06; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Intent to Repatriate Cultural Items: U.S. Department of Defense, Army Corps of Engineers, Portland District, Portland, OR and Confederated Tribes of the Umatilla Reservation, Oregon AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent to repatriate cultural items in the possession of the Confederated Tribes of the Umatilla Reservation, Oregon, and in the control of the U.S. Department of Defense, Army Corps of Engineers, Portland District, Portland, OR, that meet the definition of “unassociated funerary objects” under 25 U.S.C. 3001. 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 cultural items. The National Park Service is not responsible for the determinations in this notice. Between 1948 and 1986, the Old Town Umatilla Townsite (35 UM 1/35 UM 35) underwent various and extensive excavations by multiple entities. Since 1976, the human remains and funerary objects have undergone multiple re-interments and repatriations to the Confederated Tribes of the Umatilla Reservation, Oregon. In 2005, a bag was located in collections labeled as being removed from the Old Town Umatilla Townsite cemetery area, Umatilla County, OR. The 19 unassociated funerary objects are 1 harpoon point, 1 utilized flake, 1 bone awl, 5 projectile points, 1 projectile point fragment, 1 knife, 1 knife fragment, 1 metal rod, 1 pounding stone, 2 uniface choppers, 1 flake, 1 fishbone, 1 charcoal, and 1 shell. The human remains with which the cultural items were originally associated were previously published in a Notice of Inventory Completion in the **Federal Register** on April 25, 2003, (FR Doc 03-10029, pages 20406-20407), and were physically repatriated to the Confederated Tribes of the Umatilla Reservation, Oregon on June 13, 2003. Since the human remains are no longer in the control of the Army Corps of Engineers, Portland District, the cultural items in this notice meet the definition of unassociated funerary objects under NAGPRA. On February 21, 2006 the tribe submitted a claim to the Army Corps of Engineers, Portland District for the newly discovered unassociated funerary items. The Old Town Umatilla site was first occupied in 470 B.C. and is considered to be a prehistoric and historic Umatilla village. The site served as a major winter village of the Umatilla Indians during late prehistoric times, and includes a cemetery that dates from approximately 500 B.C. to A.D. 1700. The site lies within the traditional lands of the present-day Confederated Tribes of the Umatilla Reservation, Oregon. Officials of the Army Corps of Engineers, Portland District have determined that, pursuant to 25 U.S.C. 3001 (3)(B), the 19 cultural items described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and are believed, by a preponderance of the evidence, to have been removed from a specific burial site of a Native American individual. Officials of the Army Corps of Engineers, Portland District also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the unassociated funerary objects and the Confederated Tribes of the Umatilla Reservation, Oregon. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the unassociated funerary objects should contact Mr. Robert Willis, U.S. Army Corps of Engineers, Portland District, P.O. Box 2946, Portland, OR 97208-2946, telephone
(503)808-4760 before January 29, 2007. Repatriation of the unassociated funerary objects to the Confederated Tribes of the Umatilla Reservation, Oregon may proceed after that date if no additional claimants come forward. Army Corps of Engineers, Portland District is responsible for notifying the Confederated Tribes of the Umatilla Reservation, Oregon that this notice has been published. Dated: November 21, 2006 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E6-22345 Filed 12-28-06; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Intent to Repatriate Cultural Items: Horner Collection, Oregon State University, Corvallis, OR AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent to repatriate cultural items in the possession of the Horner Collection, Oregon State University, Corvallis, OR, that meet the definition of “unassociated funerary objects” under 25 U.S.C. 3001. 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 cultural items. The National Park Service is not responsible for the determinations in this notice. The 12 cultural objects are 5 baskets, 1 mortar, 2 arrows, 1 bag containing projectile points, 2 obsidian spear points, and 1 obsidian blade. The Museum of Oregon Country, Oregon Agricultural College was renamed the John B. Horner Museum of the Oregon Country in 1936, and became commonly known as the Horner Museum. The Oregon Agricultural College was renamed the Oregon State College in 1937, and became Oregon State University in 1962. The Horner Museum closed in 1995. Currently, cultural items from the Horner Museum are referred to as the Horner Collection, which is owned by, and in the possession of, Oregon State University. Horner Collection, Oregon State University professional staff consulted with representatives of the Duckwater Shoshone Tribe of the Duckwater Reservation, Nevada; Karuk Tribe of California; Pit River Tribe, California; Redding Rancheria, California; Santa Rosa Indian Community of the Santa Rosa Rancheria, California (also known as the Tachi Yokut Tribe); Smith River Rancheria, California; Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado; and Yurok Tribe of the Yurok Reservation, California. In 1953, one mortar was loaned to the Horner Collection by S.L. Burnaugh, who later gifted the mortar to the Horner Collection in 1972. Museum records state that the mortar was found in Calveris, California (probably Calaveras) by an unknown person at an unknown time. The Calaveras area is within the Northern Valley Yokut or Foot Hill Miwok territories, which is part of the traditional territory of the Santa Rosa Indian Community of the Santa Rosa Rancheria, California. The mortar is a shallow oval with one end deeper than the other and two grooves in one side of the rim. The mortar has been identified by tribal representatives of the Santa Rosa Indian Community of the Santa Rosa Rancheria, California as being a ceremonial mortar used for the preparation of a jimson weed (Datura stramonium) beverage that young men drink during the traditional coming of age ceremony. According to consultation evidence, this type of ceremonial mortar was usually buried with its owner. The museum has no documentation that the mortar was ever buried with an individual, however, based on consultation evidence, officials of the Horner Collection, Oregon State University reasonably believe the mortar is an unassociated funerary object. According to museum records, three baskets are from Tulare County, CA, and were loaned by Mrs. James Edmond Barrett to the Horner Collection in 1934. In 1972, Mrs. Barrett gifted the baskets to the Horner Collection. The Horner Collection, Oregon State University has no documentation that the three baskets were ever buried with any individual. However, museum records state Mrs. Barrett and her husband are known to have collected cultural items that were taken from burials and mounds. In 1981, one basket was found in collections with no accession number and without provenience information. In 1984, Francis E. Alvord gifted one basket to the Horner Collection. Mrs. Alvord identified the basket as Shoshone and said it had belonged to her parents. It is not known how her parents acquired the basket. Anthropomorphic figures on the basket have been identified as Yokut designs, specifically the Wah-nees (first man) design, by tribal representatives of the Santa Rosa Rancheria Indian Community of the Santa Rosa Rancheria, California. All five baskets have been identified by tribal representatives of the Santa Rosa Indian Community of the Santa Rosa Rancheria, California as offering baskets that would have been buried with special offerings for an individual's safe passage to the spirit world. The Horner Collection, Oregon State University has no documentation that the baskets were ever buried with any individual. However, based on consultation, collector history, and museum records, officials of the Horner Collection, Oregon State University reasonably believe that the five baskets are unassociated funerary objects. In 1987, one arrow was found in museum collections. In 1993, another arrow was found in the museum collection. Both arrows have no accession numbers and are without provenience information. Both arrows have reed main shafts and one has the hardwood foreshaft construction that is typical of the Tachi Yokut culture group according to the Handbook of North American Indians Vol. 8 (page 452). Furthermore, both arrows have been identified by tribal consultants of the Santa Rosa Indian Community of the Santa Rosa Rancheria, California as being typical of arrows made historically and prehistorically by the Tachi Yokut. Consultation evidence states that men would often leave arrows at gravesites as offerings in the belief that they would bring good luck for hunting in the spirit world. The Horner Collection, Oregon State University has no documentation that the arrows were ever buried with any individual. However, based on the information from consultation, officials of the Horner Collection, Oregon State University reasonably believes that the two arrows are unassociated funerary objects. In 1993, one obsidian blade was found in museum collection with no accession number and is without provenience information. The obsidian blade has been identified by tribal representatives of the Santa Rosa Indian Community of the Santa Rosa Rancheria, California as being typical of the blades given to a young man for his coming of age ceremony, as such, this type of blade was a personal item that would have been buried with its owner. The Horner Collection, Oregon State University has no documentation that the obsidian blade was ever buried with any individual. However, based on the information from consultation, officials of the Horner Collection, Oregon State University reasonably believes that the cultural item is an unassociated funerary object. In 1993, two obsidian spear points were found in museum collections with no accession numbers and are without provenience information. In 1999, one bag containing approximately 300 small projectile points made of obsidian and chert was found in museum collections with no accession number and no provenience information. The two obsidian spear points and bag of projectile points are typical items that have been found at ancient burials and were commonly left as offerings in the belief that the projectile points could be used for hunting in the spirit world. The Horner Collection, Oregon State University has no documentation that the cultural items were ever buried with any individual. However, based on the museum records and information from consultation, officials of the Horner Collection, Oregon State University reasonably believes that the three cultural items are unassociated funerary objects. Officials of the Horner Collection, Oregon State University have determined that, pursuant to 25 U.S.C. 3001 (3)(B), the 12 cultural items described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and are believed, by a preponderance of the evidence, to have been removed from a specific burial site of an Native American individual. Officials of the Horner Collection, Oregon State University also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the unassociated funerary objects and the Santa Rosa Indian Community of the Santa Rosa Rancheria, California. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the unassociated funerary objects should contact Sabah Randhawa, Executive Vice President and Provost, President's Office, Oregon State University, 600 Kerr Administration Building, Corvallis, OR 97331, telephone
(541)737-8260, before January 29, 2007. Repatriation of the unassociated funerary objects to the Santa Rosa Indian Community of the Santa Rosa Rancheria, California may proceed after that date if no additional claimants come forward. The Horner Collection, Oregon State University is responsible for notifying the Duckwater Shoshone Tribe of the Duckwater Reservation, Nevada; Karuk Tribe of California; Pit River Tribe, California; Redding Rancheria, California; Santa Rosa Indian Community of the Santa Rosa Rancheria, California; Smith River Rancheria, California; Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado; and Yurok Tribe of the Yurok Reservation, California that this notice has been published. Dated: November 22, 2006. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E6-22346 Filed 12-28-06; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR Bureau of Reclamation Yakima River Basin Water Storage Feasibility Study; Benton, Yakima, and Kittitas Counties, Washington AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of intent to prepare a combined Planning Report and Environmental Impact Statement. SUMMARY: Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, as amended, the Bureau of Reclamation (Reclamation) proposes to prepare a combined Planning Report and Environmental Impact Statement (PR/EIS) on the Yakima River Basin Water Storage Feasibility Study. The Washington Department of Ecology (Ecology) is a joint lead with Reclamation in the preparation of this Environmental Impact Statement which will also be used to comply with requirements of the Washington State Environmental Policy Act (SEPA). The purpose of Reclamation's Yakima River Basin Water Storage Feasibility Study is to evaluate alternatives that would create additional water storage for the Yakima River basin and assess their potential to supply the water needed for ecosystem aquatic habitat, basin-wide agriculture, and municipal demands. The need for the study is based on the existing finite water supply and limited storage capability of the Yakima River basin in low water years. This finite supply and limited storage capacity do not meet the water supply demands in all years and result in significant adverse impact to the Yakima River basin's economy, which is agriculture-based, and to the basin's aquatic habitat, specifically, anadromous fisheries. The study seeks to identify means of increasing water storage available, including storage of Columbia River water, for purposes of improving anadromous fish habitat and meeting irrigation and municipal water supply needs. DATES: Two scoping meetings, preceded by open houses, will be held on January 23, 2007, at the following times: *Open Houses:* 1 to 2 p.m.; and 6 to 7 p.m. *Scoping Meetings:* 2 to 4 p.m.; and 7 to 9 p.m. Written comments will be accepted through January 31, 2007, for inclusion in the scoping summary document. Requests for sign language interpretation for the hearing impaired should be submitted to David Kaumheimer as indicated under the For Further Information section by January 8, 2007. ADDRESSES: Meetings will be held at the Yakima Convention Center, 10 North 8th Street, Yakima, WA 98901-2058. The meeting facilities are physically accessible to people with disabilities. Comments and requests to be added to the mailing list may be submitted to Bureau of Reclamation, Upper Columbia Area Office, Attention: David Kaumheimer, Environmental Programs Manager, 1917 Marsh Road, Yakima, Washington 98901-2058. Comments may also be submitted electronically to *storagestudy@pn.usbr.gov.* FOR FURTHER INFORMATION CONTACT: Contact David Kaumheimer, Environmental Programs Manager, Telephone:
(509)575-5848, extension 232. TTY users may dial 711 to obtain a toll free TTY relay. Information on this project can also be found at *http://www.usbr.gov/pn/programs/storage_study/index.html.* SUPPLEMENTARY INFORMATION: Reclamation has undertaken this study as a potential means to augment water supplies in the Yakima River Basin for the benefit of anadromous fish, irrigated agriculture, and municipal water supply under the authority of Public Law 108-7, Section 214 which was passed by Congress on February 20, 2003. Public Law 108-7 states: The Secretary of the Interior, acting through the Bureau of Reclamation, shall conduct a feasibility study of options for additional water storage in the Yakima River Basin, Washington, with emphasis on the feasibility of storage of Columbia River water in the potential Black Rock Reservoir and the benefit of additional storage to endangered and threatened fish, irrigated agriculture, and municipal water supply. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Ecology will be a joint lead with Reclamation in the preparation of this Environmental Impact Statement. Ecology has indicated that under SEPA they will evaluate a range of alternatives that include both storage, the subject of the Yakima River Basin Water Storage Feasibility Study, and non-storage components. As a result the jointly prepared EIS will provide NEPA coverage for storage alternatives that Reclamation may consider as part of the Yakima River Basin Water Storage Feasibility Study as well as SEPA coverage for a broader range of alternatives that Ecology may consider. The alternatives being investigated by Reclamation include additional storage of Yakima River water, as well as water exchanges with the Columbia River. The in-basin alternatives would entail diverting excess water flows from the Yakima River after all water rights and fish target flows are met. Previous Yakima River Basin investigations, such as the Yakima River Basin Water Enhancement Program and the Watershed Management Plan for the Yakima River Basin, are being used to develop in-basin water storage alternatives. The water exchange alternatives would involve new storage and the pumping of water from the Columbia River. The Black Rock Dam and Reservoir alternative would pump 3,500 or 6,000 cfs from above Priest Rapids to a reservoir east of the city of Yakima which would then be delivered to irrigation districts downstream of the city. Deliveries from Black Rock Reservoir would offset existing diversions from the Yakima River. Those foregone diversions would be used to improve flows for anadromous fish and provide additional supplies in drought years to existing irrigators beyond what would otherwise have been available. Water stored as part of the project would not be used to expand irrigation in the Yakima Basin. An alternative which would pump water from the mouth of the Yakima River would involve a storage reservoir in the Yakima Basin to re-regulate irrigation flow releases for the benefit of instream flows and a water exchange to reduce some Yakima River diversions. Other combinations of storage and pumping of water from the Columbia River for delivery by exchange to the Yakima River Basin may be identified during the public scoping process. Reclamation plans to conduct public scoping meetings to solicit input on the alternatives to augment water supplies in the Yakima River and impacts associated with those alternatives. Reclamation will summarize comments received during the scoping meetings and letters received during the scoping period, identified under the Dates section, into a scoping summary document which will be provided to those who submitted comments. The scoping summary will also be available to others upon request. If you wish to comment, you may mail us your comments as indicated under the Addresses section. Our practice is to make comments, including names, home addresses, home phone numbers, and e-mail addresses of respondents, available for public review. Individual respondents may request that we withhold their names and/or home addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, document-able circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Kathyrn A. Marshall, Acting Regional Director, Pacific Northwest Region. [FR Doc. E6-22386 Filed 12-28-06; 8:45 am] BILLING CODE 4310-MN-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-444-446 (Preliminary) and 731-TA-1107-1109 (Preliminary)] Coated Free Sheet Paper From China, Indonesia, and Korea Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from China, Indonesia, or Korea of coated free sheet paper, 2 provided for in subheadings 4810.13.19, 4810.13.20, 4810.13.50, 4810.13.70, 4810.14.19, 4810.14.20, 4810.14.50, 4810.14.70, 4810.19.19, and 4810.19.20 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized or sold in the United States at less than fair value (LTFV). 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Chairman Daniel R. Pearson dissenting. Commissioner Jennifer A. Hillman did not participate in these investigations. Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the **Federal Register** as provided in section 207.21 of the Commission's rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in the investigations under sections 703(b) and 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) and 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On October 31, 2006, a petition was filed with the Commission and Commerce by New Page Corp., Dayton, OH, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized and LTFV imports of coated free sheet paper from China, Indonesia, and Korea. Accordingly, effective October 31, 2006, the Commission instituted countervailing duty investigations Nos. 701-TA-444-446 (Preliminary) and antidumping duty investigations Nos. 731-TA-1107-1109 (Preliminary). Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the **Federal Register** of November 6, 2006 (71 FR 64983). The conference was held in Washington, DC, on November 21, 2006, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on December 15, 2006. The views of the Commission are contained in USITC Publication 3900 (December 2006), entitled Coated Free Sheet Paper from China, Indonesia, and Korea: Investigation Nos. 701-TA-444-446 (Preliminary) and 731-TA-1107-1109 (Preliminary). Issued: December 26, 2006. By order of the Commission. Marilyn R. Abbott Secretary to the Commission. [FR Doc. E6-22419 Filed 12-28-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-552] In the Matter of Certain Flash Memory Devices, and Components Thereof, and Products Containing Such Devices and Components; Notice of Commission Decision Not to Review the Administrative Law Judge's Final Initial Determination That There is No Violation of Section 337; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the United States International Trade Commission has determined not to review an initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) finding no violation of section 337 of the Tariff Act of 1930, as amended, and to terminate the investigation. FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-3104. Copies of non-confidential documents filed in connection with this investigation are or will be available le 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., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 4, 2005, based on a complaint filed by Toshiba Corporation of Tokyo, Japan (“Toshiba”) under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. 70 FR 67192-193 (November 4, 2005). The complainant alleged violations of section 337 in the importation and sale of certain flash memory devices and components thereof, and products containing such devices and components, by reason of infringement of claims 1-4 of U.S. Patent No. 5,150,178 (“the ‘178 patent”); claims 1, 6 and 7 of U.S. Patent No. 5,270,969 (“the ‘969 patent”); and claims 1 and 4 of U.S. Patent No. 5,517,449 (“the ‘449 patent”). The complainant named Hynix Semiconductor of Ischon-si, Republic of Korea, and Hynix Semiconductor America, Inc. of San Jose, California (collectively “Hynix”) as respondents. On November 21, 2005, Toshiba moved for leave to amend the complaint to add claim 5 of the ‘178 patent. On December 2, 2005, the ALJ issued an ID (Order No. 4) granting the motion to amend the complaint. The Commission determined not to review this ID. An evidentiary hearing was held from July 5, 2006, through July 13, 2006. On November 65, 2006, the ALJ issued his final ID and recommended determination on remedy and bonding. The ALJL concluded that there was no violation of section 337. Specifically, he found that the asserted claims of the ‘178, ‘969, and ‘449 patents are not infringed and are not valid, and that there is no domestic industry involving the three patents. On November 17, 2006, complainant Toshiba, the Commission investigative attorney, and respondent Hynix petitioned for review of various portions of the final ID. On November 28, 2006, all parties filed responses to the petitions for review. Having examined the record of this investigation, including the ALJ's final ID, the petitions for review, and the responses thereto, the Commission has determined not to review the ALJ's ID, and has terminated the investigation. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42-45 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-45). Issued: December 22, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 06-9916 Filed 12-28-06; 8:45 am]
Connectionstraces to 6
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  • Pub. L. 108-7
  • 19 CFR 210.42-45
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