18332 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Notices

inhibiting the Pribilovians’ ability to

arrive at a self-sustaining economy.

It is the opinion of some of the

Pribilovian people that the Federal

Government has not concluded its

obligations to the Pribilovian people. It

is the Secretary’s opinion that the

Federal Government has fulfilled, or is

in the final stages of fulfilling, all

obligations to the Pribilovian people as

directed by Congress through legislation

enacted over the last 50 years.

At least one-third of the claims

submitted for this Report express

dissatisfaction with the way land or the

1983 Act trust has been controlled, used

or distributed by a competing island

entity. An equal number of claims allege

the past or present failure or

unwillingness of the Federal

Government to act to resolve these

disputes. As this Report is being

written, both TDX and the City of St.

Paul have initiated separate lawsuits

against the Secretary of Commerce and

the Under Secretary of NOAA to resolve

a land dispute previously resolved in

two distinct settlement agreements. (A

copy of the complaints filed are

attached as Exhibits 5(a) and 5(b)).

After several visits to the Islands by

NOAA and Department personnel,

including meetings for the taking of the

statements of the local people, and as a

result of an analysis of the claims

submitted, it is the opinion of the

Secretary that these claims are without

adequate foundation in law, or under

any existing policy or agreement.

The debate over administration of

ongoing Federal obligations is also

detracting from the Department’s ability

to meet its responsibilities under Title II

of the 1983 Act. As the Federal agency

responsible for protecting the welfare

and habitat of the fur seal under Title I

of the 1983 Act, a role as provider of

indefinite and ongoing support for

economic (e.g., commercial)

development under Title II creates an

internal paradox. Any interpretation

that Title II of the 1983 Act guaranteed

the Pribilovian people an unrestrained

and indefinite economy administered

through the Department is at odds with

the clear intent of the Act and places the

Department in an untenable and

incommensurable position. The

depleted status of the fur seal demands

that the Department be permitted to

pursue statutory obligations goals

unfettered.

Conditions on St. George are widely

divergent from those on St. Paul and the

Secretary recognizes the difficulty of

assessing the struggles of one entity in

the shadow of another’s success. To

ensure that due consideration is given to

the entirety of the Pribilovian question,

the Secretary recommends that Congress

authorize and direct an independent

economic assessment of the practical

realities facing the Island of St. George.

The Secretary further suggests that such

analysis be undertaken within the

parameters of a clearly articulated

economic objective. The Department is

unable to estimate the costs of this

analysis.

The Secretary also recognizes that the

opinions and positions presented in this

Report will not be widely accepted by

those entities and residents who

submitted statements. We do not believe

that it was Congress’ intent that the P.L.

104–91 process be used as a claims

process representing potential lawsuits

against the United States government.

As set out in the Federal Register notice

commencing this process (attached as

Exhibit 17), it was not the intent of the

Secretary that this Report serve as a

claims process. Despite repeated

attempts to dissuade the claims concept,

the Pribilovian people adhered to it. It

is the Secretary’s view that section 3(c)

is best understood as encompassing

‘‘claims’’ associated with Pribilof Island

land transfers and grants and

cooperative agreements to promote

environmental cleanup. It seems clear

that, regardless of Congressional intent,

the larger, well-supported Island entities

will persist in pursuing claims against

the United States and the Department.

To minimize the extensive and

consuming administrative and

transactional costs associated with the

defense of these potential claims, the

Secretary recommends that Congress

establish a claims process to be

administered through the United States

Court of Federal Claims.

The Department is unable to predict

how many of the 85 potential claims

that have been raised under the P.L.

104–91 process will be actively pursued

by Pribilovian representatives in a

formal, adjudicative setting. The

Department is therefore unable to

estimate the costs of this

recommendation.

This Report was signed by the

Secretary of Commerce on March 17,

1997.

Dated: April 1, 1997.

Terry Garcia,

Assistant Secretary for Oceans and

Atmosphere, National Oceanic and

Atmospheric Administration.

[FR Doc. 97–9586 Filed 4–14–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

Patent and Trademark Office

Meeting of the Public Advisory

Committee for Trademark Affairs

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Notice of meeting.

SUMMARY: The Patent and Trademark

Office is announcing, in accordance

with Section 10(a)(2) of the Federal

Advisory Committee Act (Public Law

92–463), an open meeting of the Public

Advisory Committee for Trademark

Affairs.

DATES: The meeting will be held from

10:00 a.m. until 4:00 p.m. on Monday,

May 19, 1997.

ADDRESSES: U.S. Patent and Trademark

Office, 2121 Crystal Drive, Crystal Park

2, Room 912, Arlington, Virginia.

FOR MORE INFORMATION CONTACT: David

E. Bucher, Deputy Assistant

Commissioner for Trademark Policy and

Projects, by mail marked to his attention

and addressed to Office of the Assistant

Commissioner for Trademarks, Patent

and Trademark Office, 2900 Crystal

Drive, South Tower Building, Suite

10B10, Arlington, VA 22202–3513; by

telephone at (703) 308–9100, ext. 20; by

fax at (703) 308–9099; or by e-mail to

dave.bucher@uspto.gov.

SUPPLEMENTARY INFORMATION: The

meeting will be open to public

observation. Accordingly, seating will

be available to members of the public on

a first-come-first-served basis. Members

of the public will be permitted to make

oral comments of three (3) minutes

each. Written comments and

suggestions will be accepted before or

after the meeting on any of the matters

discussed. Copies of the minutes will be

available upon request. The agenda for

the meeting is as follows:

(1) Opening remarks

(2) Financial Report

(3) Trademark Trial and Appeal Board Report

(4) Business Process Reengineering Report

(5) Report on Service and Examination

Activities

(6) Discussion of Policy Issues in

Examination

(7) Legislation and International Affairs

Report

(8) Discussion of Trademark/Domain name

issues

(9) Discussion of prospective hearings on

Intent-to-Use

Dated: April 10, 1997.

Bruce A. Lehman,

Assistant Secretary of Commerce and

Commissioner of Patents and Trademarks.

[FR Doc. 97–9681 Filed 4–14–97; 8:45 am]

BILLING CODE 3510–16–P