Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices 41591

location, material culture, and manner

of interment are all consistent with

traditional Apache practice. Further,

based on oral history and historical

documents, the Guadalupe Mountains

have been identified as having been

occupied by the Mescalero Apache

during the historic period.

Based on the above mentioned

information, officials of the Carlsbad

Museum and Art Center have

determined that, pursuant to 43 CFR

10.2 (d)(1), the human remains listed

above represent the physical remains of

a minimum of six individuals of Native

American ancestry. Officials of the

Carlsbad Museum and Art Center have

also determined that, pursuant to 43

CFR 10.2 (d)(2), the 17 objects listed

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

Carlsbad Museum and Art Center have

determined that, pursuant to 43 CFR

10.2 (e), there is a relationship of shared

group identity which can be reasonably

traced between these Native American

human remains and associated funerary

objects and the Mescalero Apache Tribe.

This notice has been sent to officials

of the Fort Sill Apache Tribe, the

Mescalero Apache Tribe, and the

Jicarilla Apache Tribe. Representatives

of any other Indian tribe that believes

itself to be culturally affiliated with

these human remains and associated

funerary objects should contact Pat

Jablonsky, Director, Carlsbad Museum

and Art Center, 418 West Fox Street,

Carlsbad, NM 88220; telephone: (505)

887–0276, before September 3, 1998.

Repatriation of the human remains and

associated funerary objects to the

Mescalero Apache Tribe may begin after

that date if no additional claimants

come forward.

Dated: July 14, 1998.

Michele Aubry,

Acting Departmental Consulting

Archeologist,

Archeology and Ethnography Program.

[FR Doc. 98–20714 Filed 8–3–98; 8:45 am]

BILLING CODE 4310–70–F

DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural

Items in the Possession of Pilgrim Hall

Museum, Plymouth, MA

AGENCY: National Park Service, DOI.

ACTION: Notice.

Notice is hereby given under the

Native American Graves Protection and

Repatriation Act, 43 CFR 10.10 (a)(3), of

the intent to repatriate cultural items in

the possession of Pilgrim Hall Museum

which meet the definition of

‘‘unassociated funerary objects’’ under

Section 2 of the Act.

The 16 cultural items consist of 13

white and one dark disk-shaped

wampum beads, a piece of beaten

copper, and a round flate white stone.

In 1990, these cultural items were

donated to Pilgrim Hall Museum by Ms.

Theodora Adams of Plymouth, MA.

According to documentation

accompanying these cultural items, they

were ‘‘dug up with a skeleton at

Wollaston’’ (MA) at an unknown date.

The location of the human remains is

not known.

Wollaston, located in Quincy, Norfolk

County, MA has been identified as

within the traditional territory of the

Massachuset people during the late precontact and early historic period.

Following the King Philip’s War in

1676, the surviving Massachuset were

absorbed into Wampanoag

communities. Consultation evidence,

including anthropological, linguistic,

oral and other traditions, provided by

representatives of the Wampanoag

Repatriation Confederacy indicates

cultural affiliation between the

Massachuset and the present-day

Wampanoag culture.

Officials of Pilgrim Hall Museum have

determined that, pursuant to 43 CFR

10.2 (d)(2)(ii), these 16 cultural items

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

Pilgrim Hall Museum have also

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 items and the

Wampanoag Repatriation Confederation

on behalf of the Wampanoag Tribe of

Gay Head (Aquinnah).

This notice has been sent to officials

of the Wampanoag Repatriation

Confederation on behalf of the

Wampanoag Tribe of Gay Head

(Aquinnah). Representatives of any

other Indian tribe that believes itself to

be culturally affiliated with these

objects should contact Karin J. Goldstein

Curator, Pilgrim Hall Museum, 75 Court

Street, Plymouth, MA 02360; telephone

(508) 746–1620, ext. 4 before September

3, 1998. Repatriation of these objects to

the Wampanoag Repatriation

Confederation on behalf of the

Wampanoag Tribe of Gay Head

(Aquinnah) may begin after that date if

no additional claimants come forward.

Dated: July 29, 1998.

Francis P. McManamon,

Departmental Consulting Archeologist,

Manager, Archeology and Ethnography

Program.

[FR Doc. 98–20713 Filed 8–3–98; 8:45 am]

BILLING CODE 4310–70–F

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees

Under the Comprehensive

Environmental Response,

Compensation, and Liability Act

Notice is hereby given that on July 23,

1998 seven proposed consent decrees in

United States, et al. v. Colorado Organic

Chemical Company, Inc. et al., Civil

Action No. 98–D–1600, were lodged

with the United States District Court for

the District of Colorado.

In this action, the United States and

the State of Colorado sought recovery of

approximately $21 million in response

costs incurred in relation to the Sand

Creek Industrial Site located in

Commerce City, Colorado under Section

107(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act. The

seven proposed consent decrees provide

for an immediate recovery of

$1,796,425.00 for the EPA Hazardous

Substance Superfund and $80,500.00 for

the State of Colorado. Two proposed

consent decrees provide for further

reimbursement resulting from the sale of

real property and potential insurance

coverage. The settling defendants

include: Colorado Organic Chemical

Company, Inc.; Phillip C. Mozer; ChemReal Investment Co.; Ronald L.

Seigneur, as current trustee for the

Phillip C. Mozer Trust; Gasamat Oil

Corporation of Colorado; Asamera Oil

(U.S.), Inc.; Burlington Northern and

Santa Fe Railway Company f/k/a

Burlington Northern Railroad Company;

BFI Waste Systems of North America,

Inc. f/k/a Browning Ferris Industries of

Colorado, Inc.; Robert S. Calvert; Shell

Oil Company f/k/a Shell Chemical

Corporation; and L–C Corporation.

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

relating to the proposed consent decree.

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 United States, et al. v. Colorado
41592 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices

Organic Chemical Company, Inc. et al.,

D.J. Ref. 90–11–3–1697.

The proposed consent decrees may be

examined at the Office of the United

States Attorney, 1961 Stout Street, 11th

Floor, Drawer 3608, Denver, CO 80294;

at U.S. EPA Region VIII, 999 18th Street,

Denver, Colorado 80202; and at the

Consent Decree Library, 1120 G Street,

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

(202) 624–0892. A copy of the proposed

consent decrees 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 enclose a

check in the amount of $57.25 (25 cents

per page reproduction cost) payable to

the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–20683 Filed 8–3–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Under the Clean Air Act

Under 28 CFR 50.7, notice is hereby

given that on July 23, 1998, a proposed

Consent Decree in United States v. Day

& Zimmermann Hawthorne Corporation

and Wesley Corporation, Civil Action

No. 98419 DWH RAM, was lodged with

the United States District Court for the

District of Nevada.

In this action, the United States

sought recovery of civil penalties and

injunctive relief in connection with

alleged violations of the National

Emissions Standards for Hazardous Air

Pollutants for asbestos (‘‘asbestos

NESHAP’’) during the demolition of

houses in the Babbitt Housing Area at

Hawthorne Army Ammunition Plant in

Hawthorne, Nevada, during May and

June, 1993. The Consent Decree recovers

a civil penalty of $120,000 for violations

resulting from failure by defendants to

give required notice of the demolition to

EPA, failure to remove category II

regulated asbestos containing material

(‘‘RACM’’) prior to beginning the

demolition, failure to keep such

material wet until removed from the

demolition site and failure to dispose of

the RACM at a proper disposal site on

a total of 26 days. The Consent Decree

includes injunctive relief requirements

to prevent future violations of the Act

and the asbestos NESHAP.

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

relating to the Consent Decree.

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 United States v. Day & Zimmermann

Hawthorne Corporation and Wesley

Corporation, D.J. Ref. 90–5–2–1–2013.

The Consent Decree may be examined

at the Office of the United States

Attorney, 100 West Liberty Street, Suite

600, Reno, Nevada, and at the Consent

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

Floor, Washington, DC 20005, (202)

624–0892. A copy of the Consent Decree

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

enclose a check in the amount of $4.75

(25 cents per page reproduction cost)

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–20682 Filed 8–3–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement

Agreement Pursuant to the Clean Air

Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed Stipulation and

Settlement Agreement in United States

v. New York City School Construction

Authority, et al., No. 98 Civ. 5095, was

lodged on July 21, 1998 in the United

States District Court for the Southern

District of New York.

The Stipulation and settlement

Agreement resolves the United States’

claims, pursuant to Section 112 of the

Clean Air Act, 42 U.S.C. 7412, against

eight (8) parties for civil penalties

arising out of the removal of asbestos

from certain public schools in New York

City during 1993 and 1994. Under the

Stipulation and Settlement Agreement,

the United States will receive $138,000

in civil penalties.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

Stipulation and Settlement 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. New York City

School Construction Authority, et al.,

DOJ Ref. #90–5–2–1–1933.

The proposed Stipulation and

Settlement Agreement may be examined

at the Office of the United States

Attorney, 100 Church Street, New York,

New York; the Region II Office of the

Environmental Protection Agency, 290

Broadway, New York, New York; and at

the Consent Decree Library, 1120 G

Street N.W., 4th Floor, Washington, D.C.

20005, (202) 624–0892. A copy of the

proposed Stipulation and Settlement

Agreement may be obtained in person or

by mail from the Consent Decree

Library. In requesting a copy please

refer to the referenced case and enclose

a check made payable to the Consent

Decree Library in the amount of $4.75

(25 cents per page reproduction costs).

Bruce S. Gelber,

Deputy Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division, U.S. Department

of Justice.

[FR Doc. 98–20681 Filed 8–3–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

In accordance with Departmental

policy, 28 CFR 50.7, and 42 U.S.C.

9622(d), notice is hereby given that on

July 2, 1998, the United States, on

behalf of the United States

Environmental Protection Agency, filed

with the United States District Court for

the Western District of Washington a

civil complaint against defendants

Charles and Helen Van Volkenburg and

Pacific Yacht Basin d/b/a Port Yacht

Basin, under Section 106 and 107 of the

Comprehensive Environmental

Response Compensation and Liability

Act (‘‘CERCLA’’), 42 U.S.C. 9606 &

9607. The complaint alleges that the

defendants are liable under Sections 106

and 107 of CERCLA for releases of

hazardous substances into the Middle

Waterway of the Commencement Bay

Nearshore/Tideflats Superfund Site in

Tacoma, Washington (‘‘the Middle

Waterway of the Site’’).

On the same day, the United States

lodged a consent decree resolving the

claims stated against the defendants in

the complaint. The consent decree

embodies a de minimis settlement with

the defendants under Section 122(g) of

CERCLA, 42 U.S.C. 9622(g). The United

States has determined that the amount

and toxicity of any hazardous

substances the defendants may have

contributed to the Middle Waterway of

the Site is minimal in comparison to

other contaminants in the Middle

Waterway. Under the consent decree,