Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17573

representing Central Plains tradition

(A.D. 1000—1400) components based on

the presence of previously defined

diagnostic traits involving: ceramic

decoration, stone tool form and

function, architecture, chronology,

mortuary custom, subsistence pattern,

settlement pattern and geographic

location.

The Central Plains tradition is

recognized by many anthropologists,

based on a preponderance of the

evidence, as ancestral to the present-day

Pawnee/Arikara, and possibly the

Wichita, through recognition of broad

similarities and continuity in material

culture, geography, and architecture. In

addition, Pawnee and Arikara oral

traditions conform to anthropologicallybased evidence showing cultural

affiliation between these groups and the

Central Plains tradition. The Wichita

and Arikara have agreed to allow the

Pawnee to claim these remains.

The Nebraska State Historical Society

also intends to repatriate other human

remains representing a minimum of 28

individuals and 228 funerary objects

from sixteen (16) sites within the

Pawnee aboriginal lands. These include:

25AP54 part of the Elkhorn Valley

Project in Antelope County, NE, 1

individual; 25BF15 in Buffalo County,

NE, 1 individual with 1 funerary object;

25BF26 in Buffalo County, NE, 1

individual; 25BU1 in Butler County, NE,

1 individual with 14 funerary objects;

25BU11 in Butler County, NE, 1

individual; 25CU1 (the Forsythe site) in

Custer County, NE, 2 individuals;

25FR32 (the West Bloomington Ossuary)

in Franklin County, NE, 1 individual

with 151 funerary objects; 25GY0 in

Greeley County, NE, 1 individual;

25HN0 in Harlan County, NE, 3

individuals with 3 funerary objects;

25HN2 (the Stevenson site) in Harlan

County, 9 individuals with 58 funerary

objects; 25HT14 in Holt County, NE, 1

individual; 25HW00 in Holt County,

NE, 1 individual; 25HW9 (the Bert

Mortensen site) in Howard County, NE,

1 individual; 25NC0 in Nance County,

NE, 1 individual; 25SM16 in Sherman

County, NE, 1 individual; and 25VY0 in

Valley County, NE, 1 individual with 4

funerary objects.

The unrebutted evidence is that each

of these sites is located within Pawnee

aboriginal lands as adjudicated by the

Indian Claims Commission. These lands

were occupied historically by the

Pawnee Tribe to the exclusion of other

tribes, as adjudicated by the Indian

Claims Commission; and the Pawnee

Tribe has a strong attachment to and

affiliation with its aboriginal homeland

by virtue of its long occupation

spanning centuries. Thus, the totality of

these circumstances establish a Pawnee

cultural affiliation with these sites by a

preponderance of the evidence in the

opinion of the Nebraska State Historical

Society. Moreover, this opinion and

finding of cultural affiliation is

bolstered by a careful evaluation of

these remains by Nebraska State

Historical Society staff and other

experts, mentioned in paragraph two of

this Notice, which determined that the

remains from these sites cannot be

assigned to any other tribal group or

other defined archeological context. On

the basis of all of the foregoing types of

evidence, these remains are reasonably

believed by the Nebraska State

Historical Society to be culturally

affiliated with the Pawnee Tribe.

Based on the above mentioned

information, officials of the Nebraska

State Historical Society have

determined that pursuant to 25 U.S. C.

3001 (2), there is a relationship of

shared group identify which can be

reasonably traced between these human

remains and funerary objects and the

Pawnee Tribe of Oklahoma. All of the

objects are reasonably believed to have

been placed with or near individual

Native American human remains either

at the time of death or later as part of

a death rite or ceremony.

Inventory of the human remains and

funerary objects and review of

accompanying documentation from the

forty-six (46) sites listed above indicate

that no known individuals were

identifiable.

The notice has been sent to officials

of the Pawnee Tribe of Oklahoma, the

Three Affiliated Tribes, and the Wichita

and Affiliated Tribes. Representatives of

any other Indian tribe which believes

itself to be culturally affiliated with

these human remains and funerary

objects should contact Gail DeBuse

Potter, Senior Museum Curator,

Nebraska State Historical Society, PO

Box 82554, Lincoln, NE 68501,

telephone (402) 471–4759, fax: (402)

471–3314, on or before May 22, 1995.

Repatriation of the objects of the

Pawnee Tribe of Oklahoma may begin

after that date if no additional claimants

come forward.

Dated: March 24, 1995.

Francis P. McManamon,

Departmental Consulting Archeologist,Chief,

Archeological Assistance Division.

[FR Doc. 95–8419; Filed 4–5–95; 8:45 am]

BILLING CODE 4310–70–F

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement

Agreement in Re Eagle-Picher

Industries, Inc.

Notice is hereby given that a proposed

Settlement Agreement among the

United States, the States of Michigan,

Oklahoma, and Arizona and Debtor

Eagle-Picher Industries, Inc. and certain

of its subsidiaries was lodged on March

28, 1995, with the United States

Bankruptcy Court for the Southern

District of Ohio in In re Eagle-Picher

Industries, Inc., No. 1–91–00100. Under

the Agreement, the Debtors agree to an

allowed general unsecured claim for the

United States of $41,016,000 in the

Debtors’ bankruptcy proceeding for

response costs and natural resource

damages under the Comprehensive

Environmental Response,

Compensation, and Liability Act

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

the following twenty-three (23) sites:

The Albion Sheridan Site in Albion,

Michigan; the Auto-Ion Site in

Kalamazoo, Michigan; the Carver Scrap

Salvage Site in Carterville, Missouri; the

Cedartown Site in Cedartown, Georgia;

the Cemetery Site in Oakland County,

Michigan; the Cherokee County Site in

Cherokee County, Kansas; the FisherCalo Site in Kingsbury, Indiana; the Ft.

Wayne Reduction Site in Ft. Wayne,

Indiana; the Great Lakes Asphalt Site in

Boone County, Indiana; the Howe

Valley Site in Elizabethtown, Kentucky;

the Laskin/Poplar Site in Jefferson,

Ohio; the Northside Sanitary Landfill

Site in Zionville, Indiana; the OronogoDuenweg Mining Belt (Jasper County)

Site in Jasper County, Missouri; the

Rasmussen Dump Site in Livingston

County, Michigan; the Rose Township

Site in Oakland County, Michigan; the

Solvents Recovery Site in Southington,

Connecticut; the Springfield Township

Site in Oakland County, Michigan; the

Tar Creek Site in Ottawa County,

Oklahoma; the Thermo-Chem Site in

Muskegon, Michigan; the Transicoil Site

in Worcester, Pennsylvania; the Verona

Wellfield/Thomas Solvent Site in Battle

Creek, Michigan; the Wayne Waste Oil/

Wayne Reclamation Site in Columbia

City, Indiana; and the Xtron Site in

Blandings, Utah. The Settlement

Agreement includes a covenant not to

sue for these sites as described in the

Agreement under Sections 106 and 107

of CERCLA and Section 7003 of the

Resource Conservation and Recovery

Act (‘‘RCRA’’), 42 U.S.C. 6973. The

Settlement Agreement also provides that

certain obligations and liabilities arising

from prepetition acts, omissions, or

conduct of Eagle-Picher at any
17574 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices

Additional Sites not owned by the

debtors will be discharged under the

bankruptcy laws but will be liquidated

and satisfied as general unsecured

claims if and when the United States or

the States undertake enforcement

activities in the ordinary course.

Finally, the Settlement Agreement

provides the United States with an

allowed claim of $1,176,000 for civil

penalties for violations of the Clean

Water Act, 33 U.S.C. 1251 et seq., at an

Eagle-Picher facility in Joplin, Missouri.

The Department of Justice will receive

comments relating to the proposed

Settlement Agreement for 30 days

following the publication of this Notice.

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 Eagle-Picher Industries, Inc., et

al., D.J. Ref. No. 90–11–3–747.

Commenters may request an

opportunity for a public meeting in the

affected area, in accordance with

Section 7003(d) of RCRA.

The proposed Settlement Agreement

may be examined at the Office of the

United States Attorney for the Southern

District of Ohio, U.S. Post Office &

Courthouse, 5th & Walnut Streets, Room

220, Cincinnati, Ohio 45202; the Region

V Office of the United States

Environmental Protection Agency, 77

West Jackson Street, Chicago, Illinois

60604; and at the Consent Decree

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

Washington, DC 20005 (202–624–0892).

A copy of the proposed Settlement

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 of the Settlement Agreement

without attachments, please enclose a

check in the amount of $13.50 (25 cents

per page for reproduction costs),

payable to the Consent Decree Library.

In requesting a copy of the Settlement

Agreement with attachments, please

enclose a check in the amount of $33.00

(25 cents per page for reproduction

costs), payable to the Consent Decree

Library.

Joel M. Gross,

Acting Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95–8484 Filed 4–5–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed consent decree in

United States v. City of Fort Morgan,

Civil Action No. 94–C–492, was lodged

on March 21, 1995 in the United States

District Court for the District of

Colorado. The consent decree settles an

action brought under the Clean Water

Act (the ‘‘Act’’), 33 U.S.C. 1251 et seq.

seeking an injunction and civil penalties

for the City of Fort Morgan’s violations

of the Act and for violations of the

General Pretreatment Regulations, 40

CFR Part 403. Pursuant to the consent

decree, the City has agreed to pay a civil

penalty of $268,000 and agreed to

institute a comprehensive compliance

program to bring the City into

compliance with all requirements of the

pretreatment regulations.

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 for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to United States v. City of

Fort Morgan, DOJ Ref. #90–5–1–1–4041.

The proposed consent decree may be

examined at the office of the United

States Attorney, 1961 Stout Street, Suite

1200, Denver, Colorado 80294; and at

the Consent Decree Library, 1120 G

Street NW., 4th Floor, Washington, DC

20005, (202) 624–0892. A copy of the

proposed 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 refer to the

referenced case and enclose a check in

the amount of $5.50 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Joel Gross,

Acting Chief, Environmental Enforcement

Section.

[FR Doc. 95–8483 Filed 4–5–95; 8:45 am]

BILLING CODE 4410–01–M

Antitrust Division

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993; Petroleum Environmental

Research Forum (‘‘PERF’’) Project No.

92–25

Notice is hereby given that, on

December 16, 1994, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’),

Conoco Inc., acting on behalf of the

participants in the PERF Project No. 93–

25, has filed written notifications

simultaneously with the Attorney

General and the Federal Trade

Commission disclosing (1) the identities

of the parties and (2) the nature and

objectives of the venture. The

notifications were filed for the purpose

of invoking the Act’s provisions limiting

the recovery of antitrust plaintiffs to

actual damages under specified

circumstances. Pursuant to Section 6(b)

of the Act, the identities of the parties

are: Amoco Oil Co., Naperville, IL; BP

Oil Co., Cleveland, OH; Conoco Inc.,

Houston, TX; Gas Research Institute,

Chicago, IL; Oryx Energy, Dallas, TX;

Texaco Inc., Port Arthur, TX; ANR

Pipeline, Detroit, MI; Chevron Research

& Technology, Richmond, CA; Exxon

Research & Engineering Co., Florham

Park, NJ; Mobil Inc., Princeton, NJ; Shell

Development C., Houston, TX; and

Union Oil Company of California, Brea,

CA.

The nature and objectives of the

research program performed in

accordance with PERF Project No. 93–

25 are to perform remediation studies of

contaminated groundwater via air

sparging, biosparging, or other

innovative delivery systems.

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 95–8485 Filed 4–5–95; 8:45 am]

BILLING CODE 4410–01–M

Drug Enforcement Administration

[Docket No. 93–51]

Frank’s Corner Pharmacy; Revocation

of Registration

On June 4, 1993, the Deputy Assistant

Administrator (then Director), Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Frank’s Corner

Pharmacy (Respondent), of Detroit,

Michigan, proposing to revoke its DEA

Certificate of Registration, BF1175466,

and deny any pending applications for

renewal of such registration. The

statutory basis for the Order to Show

Cause was that Respondent’s continued

registration would be inconsistent with

the public interest pursuant to 21 U.S.C.

823(f) and 824(a)(4).

On July 23, 1993, Respondent,

through counsel, requested a hearing on

the issues raised in the Order to Show

Cause and the matter was docketed

before Administrative Law Judge Paul

A. Tenney. Following prehearing

procedures, a hearing was held in

Detroit, Michigan on May 3 and 4, 1994.

On August 29, 1994, Judge Tenney

issued his Findings of Fact, Conclusions

of Law and Recommended Ruling