Federal Register, Volume 74, Number 41, March 4, 2009, Pages 9343-9564 Page: 9,428
vii, 9564, ii p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
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 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 inventorywere 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 - 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 ofall 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
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 non-
shellfish 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 theOffice of the Secretary at 202-205-2000.
9428
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
United States. Office of the Federal Register. Federal Register, Volume 74, Number 41, March 4, 2009, Pages 9343-9564, periodical, March 4, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132903/m1/93/: accessed March 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.