45876 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Notices

identified. No associated funerary

objects are present.

In 1965, human remains representing

five individuals were excavated from

Pot Creek Pueblo site during Southern

Methodist University field school. No

known individuals were identified. No

associated funerary objects were

present.

In 1967, human remains representing

three individuals were excavated at Pot

Creek Pueblo during Southern

Methodist field school excavations. No

known individuals were identified. No

associated funerary objects are present.

In 1967, human remains representing

one individual were excavated from site

TA–26 by Stephanie Holschlag. No

known individual was identified. No

associated funerary objects are present.

Site TA–26 has been identified as a

small unit pueblo occupied between

1200–1300 AD based on ceramics and

cultural material recovered during

excavations of this site.

In 1968, human remains representing

two individuals were recovered from

the Sagebrush Pueblo site (TA–500) by

Dr. James Sciscenti. No known

individuals were identified. No

associated funerary objects were

present. The Sagebrush Pueblo site (TA–

500) has been identified as a small unit

pueblo occupied between 1150–1225

AD based on ceramics and cultural

material recovered during excavations

of this site.

During 1969–1976, human remains

representing 60 individuals were

recovered at Pot Creek Pueblo (TA–1,

LA 260) during archeological field

schools conducted by Southern

Methodist University. No known

individuals were identified. No

associated funerary objects are present.

During 1979–1982, human remains

representing fourteen individuals were

recovered during excavations of the

Cerrita pithouse site on the Fort

Burgwin campus conducted by Dr.

Anne Woosley. No known individuals

were identified. No associated funerary

objects are present. Based on cultural

materials and construction, this

pithouse site was probably occupied

during 1100–1200 AD.

During 1981–1984, human remains

representing 21 individuals were

recovered during field school

excavations at the Pot Creek Pueblo

(TA–1, LA 260) conducted by Dr. Anne

Woosley and Dr. David Meltzer of

Southern Methodist University. No

known individuals were identified. No

associated funerary objects are present.

At unknown dates, human remains

representing eight individuals were

removed from precontact sites in the

Taos area by Ms. Helen Blumenschein

and donated to the Fort Burgwin

Research Center sometime after 1970.

No known individuals were identified.

No associated funerary objects are

present. Although these individuals

have poor provenience information due

to the lack of field records from the

archeological work, the appearance and

apparent age of the human remains is

similar to documented precontact

human remains in the Taos area.

At an unknown date, human remains

representing three individuals were

excavated under unknown

circumstances from site TA–18, a

pithouse village located in the Taos

area. No known individuals were

identified. No associated funerary

objects are present. TA–18 has been

identified as a pithouse village site

occupied between 1100 –1200 A.D.

based on cultural material.

Since the 1960s, human remains

representing one individual were part of

the collections at the Fort Burgwin

Research Center. No known individual

was identfied. No associated funerary

objects are present. Although

unprovienced, this individual is known

to have been recovered during

excavations in the Pot Creek area, and

shows similar characteristics to other

human remains recovered in the Pot

Creek area. There are no indications that

this individual could have been

recovered from any other sites.

The human remains listed above are

all from sites within the Fort Burgwin

campus or surrounding area. All were

recovered prior to the establishment of

Carson National Forest. Based on oral

traditions, continuities of material

culture, religious and cultural ties, and

anthropological and ethnographic

documentation, Northern Tiwa-speaking

peoples, represented by the present-day

Pueblo of Taos and Pueblo of Picuris,

have occupied this area since

approximately 1100 A.D.

At some time between 1961–1965,

human remains representing one

individual was removed from Picuris

Pueblo during excavations conducted by

Dr. Herbert Dick. No known individual

was identified. No associated funerary

objects are present.

Picuris Pueblo is a continuously

occupied village site dating from 1100

AD until the present day. Continuities

of technology and material culture

indicate this site has been occupied by

Northern Tiwa people for this time

period.

Based on the above mentioned

information, officials of Southern

Methodist University have determined

that, pursuant to 43 CFR 10.2 (d)(1), the

human remains listed above represent

the physical remains of at least 195

individuals of Native American

ancestry. Officials of Southern

Methodist University have determined

that, pursuant to 25 U.S.C. 3001 (2),

there is a relationship of shared group

identity which can be reasonably traced

between these Native American human

remains and the Pueblo of Picuris and

the Pueblo of Taos.

This notice has been sent to officials

of the Pueblo of Picuris and the Pueblo

of Taos. Representatives of any other

Indian tribe that believes itself to be

culturally affiliated with these human

remains should contact Dr. Michael A.

Adler, Department of Anthropology,

Southern Methodist University, Dallas,

TX 75275; telephone: (214) 768–2940,

before September 29, 1997. Repatriation

of the human remains to the Pueblo of

Picuris and the Pueblo of Taos may

begin after that date if no additional

claimants come forward.

Dated: August 25, 1997.

Francis P. McManamon,

Departmental Consulting Archeologist,

Manager, Archeology and Ethnography

Program.

[FR Doc. 97–23109 Filed 8–29–97; 8:45 am]

BILLING CODE 4310–70–F

DEPARTMENT OF THE INTERIOR

National Park Service

Zion National Park, Utah; Proposed

Exchange of Federally-Owned Land for

Privately-Owned Land, Both Within

Washington County, Utah

AGENCY: National Park Service, DOI.

ACTION: Notice of realty action.

SUMMARY: Pursuant to the authority

contained in the Act of November 12,

1996 (Pub. L. 104–333, 110 Stat. 4105),

the Secretary of the Interior has been

authorized to acquire certain lands by

exchange, and is authorized, upon

completion of said exchange, to revise

the boundaries of Zion National Park

accordingly.

DATES: The effective date for this notice

is August 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Realty Officer, Land Resources Program

Center, Intermountain Region, P.O. Box

25287, Denver Colorado 80225–0287,

(303) 969–2611.

SUPPLEMENTARY INFORMATION: The

above-cited Act authorizes the Secretary

of the Interior to exchange certain

privately-owned lands adjacent to Zion

National Park for Federally-owned lands

within the park boundary. The lands to

be exchanged are of approximately

equal size. Upon completion of this

exchange, the boundaries of Zion
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Notices 45877

National Park will be revised to add the

parcel now adjacent to the park and to

exclude the parcel now inside the park.

Land added to the park shall be

administered as part of the park in

accordance with the laws and

regulations applicable thereto. The

lands to be exchanged are generally

described as follows:

Federally-owned parcel.

A parcel of land in Lot 2, Section 5,

Township 41 South, Range 11 West, Salt

Lake Base and Meridian, containing

5.33 acres, more or less.

Privately-owned parcel.

A parcel of land in the NE1⁄4SW1⁄4 of

Section 28, Township 41 South, Range

10 West, Salt Lake Base and Meridian

containing 5.40 acres more or less.

The value of the properties exchanged

shall be determined by a current fair

market value appraisal and if they are

not approximately equal, the values

shall be equalized by payment of cash

as circumstances require.

For a period of 45 calendar days from

the date of this notice, interested parties

may submit comments to the above

address. Adverse comments will be

evaluated and this action may be

modified or vacated accordingly. In the

absence of any action to modify or

vacate, this realty action will become

the final determination of the

Department of Interior.

Dated: August 7, 1997.

Michael D. Snyder,

Acting Director, Intermountain Region.

[FR Doc. 97–23085 Filed 8–28–97; 8:45 am]

BILLING CODE 4310–70–U

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Air Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed Partial Consent

Decree in United States v. Consolidated

Rail Corp., Civil Action No. 94–1437

(E.D.Pa.), was lodged on August 21,

1997, with the United States District

Court for the Eastern District of

Pennsylvania. The decree addresses

Conrail’s violations of Section 112 of the

Clean Air Act (the ‘‘Act’’), 42 U.S.C.

7412, and the National Emission

Standards for Hazardous Air Pollutants

for asbestos (‘‘Asbestos NESHAP’’)

which occurred in 1993 at its Port

Richmond Grain Elevator facility

located at 2870 E. Allegheny Avenue,

Philadelphia, PA. Conrail’s violations

included failure to notify the City of

Philadelphia or EPA of asbestos removal

activities involved in the renovation,

failure to wet adequately the asbestos

that was being removed from the

facility, and failure to assure that no

visible emissions were released into the

outdoor atmosphere.

Under the proposed Partial Consent

Decree, Conrail has agreed to pay a civil

penalty of $389,100 to resolve its

liability in the instant District Court

action as well as its liabilities in an

unrelated administrative asbestos

NESHAP action involving another

Conrail facility in Philadelphia. Conrail

has agreed, in addition, to perform

Supplemental Environmental Projects

(‘‘SEPs’’) valued at $410,900. The SEPs

are referred to in Section VII of the new

Decree and described in detail in the

Settlement Conditions Document

attached to the Decree.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

Agreement. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v.

Consolidated Rail Corp., DOJ Ref. #90–

5–2–1–1883.

The proposed Agreement may be

examined at the Office of the United

States Attorney, 615 Chestnut Street,

Suite 1300, Philadelphia, PA 19106; the

Region III Office of the Environmental

Protection Agency, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; and at the Consent Decree

Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005, (202) 624–0892.

A copy of the proposed Agreement may

be obtained in person or by mail from

the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC

20005. In requesting a copy please refer

to the referenced case and enclose a

check in the amount of $15.75 (25 cents

per page reproduction costs), payable to

the Consent Decree Library.

Walker B. Smith,

Deputy Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97–23115 Filed 8–28–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement

Agreement Under the Comprehensive

Environmental Response

Compensation and Liability Act

Notice is hereby given that on August

18, 1997, a proposed Settlement

Agreement for an adversary complaint

filed by the United States and the State

of Michigan in In Re Richard Thomas,

Civil Action No. 395–38143–RCM–7,

was lodged with the United States

District Bankruptcy Court for the

Northern District of Texas.

In their adversary complaint, the

United States and the State of Michigan

sought a declaration that Thomas was

not entitled to a homestead exemption

for a condominium owned by him in

Dallas, Texas, and sought imposition of

an equitable lien on this property. The

basis of the claims of the United States

and Michigan was that Thomas had

allegedly purchased the property with

funds transferred from companies

owned by Thomas in an effort to protect

his assets from the claims of the United

States and Michigan brought under the

Comprehensive Environmental

Response, Compensation and Liability

Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq.

The CERCLA suit giving rise to the

Governments’ claims was brought in the

Federal District Court for the Western

District of Michigan, Kelley v. Thomas

Solvent Co., Civil Action Nos. K86–167

CA8 & K86–164 CA8, and concerned

contamination of the Verona Well Field

located near Battle Creek, Michigan.

Pursuant to the settlement between

the Governments and Thomas, Thomas

will pay $160,000 to the United States

and $45,000 to the State of Michigan

upon the sale of the condominium or

within two years of the entry of the

Settlement Agreement, whichever

comes first. In return, the Governments

will release their claims against the

property owned by Thomas.

Furthermore, the Governments agree

that Thomas is no longer subject to the

personal judgments entered against him

through an earlier settlement between

Thomas and the Governments.

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

relating to the Settlement Agreement.

Comments should be addressed to the

Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice,

Washington, DC 20530, and should refer

to In re Richard Thomas, No. 395–

38143–RCM–7, D.J. Ref. 90–11–2–140A.

The Settlement Agreement may be

examined at the Office of the United

States Attorney, 1100 Commerce Street,

Suite 300, Dallas, Texas 75242, at U.S.

EPA Region V, Office of Regional

Counsel, 200 West Adams Street,

Chicago, Illinois 60606, and at the

Consent Decree Library, 1120 G Street,

NW., 4th Floor, Washington, DC 20005,

(202) 624–0892. A copy of the

Settlement Agreement may be obtained

in person or by mail from the Consent