30-day FR Notice

BIA-0158-30dayFRnotice.pdf

Gaming On Trust Lands Acquired After October 17, 1988, 25 CFR 292

30-day FR Notice

OMB: 1076-0158

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sroberts on PROD1PC70 with NOTICES

Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices
Geronimo took possession of the
headdress and subsequently gave it to
his Government escort, Jack Moore, as
an act of friendship. After Geronimo’s
death in 1909, Jack Moore allegedly
gave the headdress to an acquaintance,
whose family retained the object until
an attempt was made to sell it illegally
in 1999.
The Report of Findings documents the
review of the headdress under NAGPRA
for two claims received, one by the
Comanche Nation and the other by the
Mescalero Apache.
The Report notes that for the
Comanche Nation, the preponderance of
evidence submitted to the Service does
not indicate a relationship of shared
group identity between the present day
tribe—the Comanche Nation—and an
identifiable earlier group—the
Chiricahua Apache—with whom the
headdress is associated [43 CFR 10.2 (4)
and (4e)]. Given the inability of the
Comanche to provide evidence
supporting their assertion of cultural
affiliation, the Service is unable to
evaluate their claim for the headdress as
an object of cultural patrimony under
NAGPRA.
The report notes that for the
Mescalero Apache, the preponderance
of evidence submitted to the Service
does indicate a relationship of shared
group identity between an identifiable
earlier group—the Chiricahua Apache—
with whom the headdress is associated
[43 CFR 10.2 4 and e] and the Mescalero
Apache—the present day tribe
culturally affiliated to the object.
The Service evaluation of the
headdress as an object of cultural
patrimony for the Mescalero Apache
finds that the headdress does not meet
the definition of an object of cultural
patrimony under NAGPRA (43 CFR
10.4). Evidence provided to support the
request connects the headdress to
Geronimo—a member of the Chiricahua
Apache—and asserts that the headdress
was ‘constructed’ solely for distribution
to attendees of the 1907 Pow Wow and
was given to Geronimo in that capacity.
The Service continues to manage the
object as a forfeited item and has not
accessioned it into the Service’s
Museum Property inventory. Although
evidence collected as part of the
NAGPRA Report of Findings does not
support a decision to repatriate the
headdress to the Mescalero Apache or
Comanche Nation as an ‘‘object of
cultural patrimony,’’ the Service intends
to transfer the headdress to both Tribes
following procedures under 50 CFR
Subpart D 12.33. This regulation
permits the donation of forfeited items
for scientific, educational, or public
display purposes to any person who

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demonstrates the ability to provide
adequate care and security for the
object. A 2003 Compromise and
Settlement Agreement signed by both
Tribes stipulates terms of care and
security for the object that follow
standards established by the American
Association of Museums (AAM). The
Service finds this agreement to be
satisfactory to ensuring the necessary
level of care and security for the
headdress as required under 50 CFR
part 12.
The announcement of this report
makes available our draft findings for
review by interested parties and
continues to fulfill the Service’s
requirements under NAGPRA and
announces our intentions for
disposition.
Dated: January 9, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. E7–759 Filed 1–18–07; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Gaming on Trust Lands Acquired After
October 17, 1988; Submission to the
Office of Management and Budget
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:

SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs (BIA) is
submitting the information collection
request for review and renewal by the
Office of Information and Regulatory
Affairs (OIRA), Office of Management
and Budget (OMB). The collection is:
Gaming on Trust Lands Acquired after
October 17, 1988, OMB Control Number
1076–0158.
DATES: Submit your comments and
suggestions on or before February 20,
2007 to be assured of consideration.
ADDRESSES: Written comments should
be sent directly to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention: Desk Officer for the
Department of the Interior, either by
facsimile at 202–395–6566 or by e-mail
at [email protected].
Send a copy of your comments to: Mr.
George Skibine, Bureau of Indian
Affairs, Office of Indian Gaming, Mail
Stop 3657–MIB, 1849 C Street, NW.,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT:
Interested persons may obtain copies of

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the information collection requests
without charge by contacting George
Skibine at 202–219–4066 or facsimile
number 202–273–3153.
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
provides an opportunity for interested
parties to comment on proposed
information collection requests. We did
not receive any comments during the
request for comments period published
October 25, 2006 (71 FR 62486). The
Bureau of Indian Affairs, Office of
Indian Gaming, is proceeding with
requesting an information collection
clearance from OMB. Each request
contains (1) Type of review, (2) title, (3)
summary of the collection, (4)
respondents, (5) frequency of collection,
(6) reporting and record keeping
requirements.
Please note that we will not sponsor
nor conduct, and you need not respond
to, a request for information unless we
display the OMB control number and
the expiration date.
Gaming on Trust Lands Acquired After
October 17, 1988
Type of review: Renewal.
Title: Gaming on Trust Lands
Acquired after October 17, 1988, 25 CFR
292.
Summary: The collection of
information will ensure that the
provisions of the Indian Gaming
Regulatory Act, the relevant provisions
of State laws, Federal law and the trust
obligations of the United States are met
when federally recognized tribes seek a
secretarial determination that a gaming
establishment would be in the best
interest of the tribe and would not be
detrimental to the surrounding
community. Section 292.8 specifies the
information collection requirement. An
Indian tribe must ask the Secretary to
make a determination that a gaming
establishment would be in the best
interest of the tribe and would not be
detrimental to the surrounding
community. The information to be
collected includes: name of tribe, tribal
documents, description of the land to be
acquired, proof of ownership, distance
of land from the Indian tribe’s
reservation or trust lands and other
documents deemed necessary.
Collection of this information is
currently authorized under an approval
by OMB (OMB Control Number 1076–
0158). All information is collected when
the tribe submits a request for a
secretarial determination that a gaming
establishment would be in the best
interest of the tribe and would not be
detrimental to the surrounding
community. Annual reporting and
record keeping burden for this

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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices

collection of information is estimated to
average 1,000 hours each from
approximately 2 respondents, including
the time for reviewing instructions,
researching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information, thus, the
total annual reporting and record
keeping burden for this collection is
estimated to be 2,000 hours.
Frequency of Collection: On occasion.
Description of Respondents: Federally
recognized tribes.
Total Respondents: 2.
Response Hours per Application:
1000.
Total Annual Burden Hours: 2,000
hours.
Request for Comments
The Bureau of Indian Affairs solicits
comments in order to:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the bureau, including
whether the information will have
practical utility;
(2) Evaluate the bureau’s estimate of
the burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of the information on those
who are to respond.
The Office of Management and Budget
has 60 days in which to determine
whether the collection will be renewed
but may make a decision after 30 days.
Therefore, to receive the most
consideration, comments should be sent
closer to 30 days than 60 days after the
notice is published in the Federal
Register.
Dated: December 20, 2006.
Michael D. Olsen,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. E7–758 Filed 1–18–07; 8:45 am]

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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Availability of Draft
Environmental Impact Statement for
the Proposed Transfer From Fee-toTrust Land of Oneida Indian Nation of
New York Land in Oneida and Madison
Counties, New York; Additional Public
Hearing and Extension of Comment
Period
Bureau of Indian Affairs,
Interior.
ACTION: Notice of additional public
hearing and extension of comment
period.
AGENCY:

SUMMARY: This notice advises the public
that the Bureau of Indian Affairs (BIA)
will be holding an additional public
hearing to receive comments on its Draft
Environmental Impact Statement (DEIS)
for the proposed fee-to-trust transfer of
Oneida Indian Nation of New York land
in Oneida and Madison Counties, New
York. This notice also reminds the
public that the public comment period
for the DEIS has been extended to
February 22, 2007, as announced in the
Federal Register on January 5, 2007, by
the Environmental Protection Agency
(EPA), and in local media by the BIA.
The EPA’s original notice of availability
for the DEIS and the BIA’s supplement
to the EPA notice, both of which were
published in the Federal Register on
November 24, 2006, announced a
closing date for comments of January 8,
2007.
DATES: Written comments on the DEIS
must arrive by February 22, 2007. The
public hearing will be held February 6,
2007, from 6 p.m. to 10 p.m., or until
everyone who wishes to do so has the
opportunity to speak.
ADDRESSES: You may mail, hand carry
or fax written comments to Mr. Franklin
Keel, Regional Director, Eastern Region,
Bureau of Indian Affairs, 545 Marriott
Drive, Suite 700, Nashville, Tennessee
37214, Fax (615) 564–6701. Please
include your name, return address and
the caption, ‘‘DEIS Comments, Oneida
Indian Nation of New York Trust
Acquisition Project,’’ on the first page of
your written comments. Electronic
submission is not available.
The public hearing will be at the
Vernon-Verona-Sherrill School, 5275
State Route 31, Verona, New York
13478.
Copies of the DEIS are available for
viewing at Web site http://
www.oneidanationtrust.net and at the
following locations: (1) Oneida Nation
Annex Building, 579A Main Street,
Oneida, New York 13421 (10 a.m. to 4

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p.m. Monday through Friday except
holidays); (2) Oneida City Hall, 109 N.
Main Street, Downstairs Basement
Room, Oneida, New York 13421; and (3)
Town of Verona Town Hall, 6600
Germany Road, Back Conference Room,
Durhamville, New York 13054.
FOR FURTHER INFORMATION CONTACT: Kurt
G. Chandler, (615) 564–6832.
SUPPLEMENTARY INFORMATION: The
proposed action is to transfer
approximately 17,370 acres of Oneida
Indian Nation-owned land in Madison
and Oneida Counties, New York, from
fee to trust status for the benefit of the
Nation. Details on the proposed action
and DEIS contents may be found in the
above-referenced Notice published in
the Federal Register on November 24,
2006 (71 FR 67896).
Public Comment Availability
Comments, including names and
addresses of respondents, will be
available for public review at the BIA
address shown in the ADDRESSES
section, during regular business hours, 8
a.m. to 4:30 p.m., Monday through
Friday, except holidays. Individual
respondents may request
confidentiality. If you wish us to
withhold your name and/or address
from public review or from disclosure
under the Freedom of Information Act,
you must state this prominently at the
beginning of your written comment.
Such requests will be honored to the
extent allowed by law. We will not,
however, consider anonymous
comments. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public inspection in
their entirety.
Authority
This notice is published in
accordance with section 1503.1 of the
Council on Environmental Quality
Regulations (40 CFR parts 1500 through
1508) implementing the procedural
requirements of the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), the
Department of the Interior Manual (516
DM 1–6), and is in the exercise of
authority delegated to the Principal
Deputy Assistant Secretary—Indian
Affairs by 209 DM 8.
Dated: January 9, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. E7–743 Filed 1–18–07; 8:45 am]
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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2007-01-19
File Created2007-01-19

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