[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Pages 19048-19052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10603]



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DEPARTMENT OF COMMERCE

Pribilof Islands, Alaska; Claims Statements and Recommendations; 
Report to Congress

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Collection of information for report to Congress under Public 
Law 104-91.

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TITLE: NOTICE FOR FILING STATEMENT OF CLAIMS AND RECOMMENDATIONS UNDER 
P.L. 104-91.

DATES: Statements of claims must be filed by July 1, 1996.

ADDRESSES: Statements of claims should be sent to Mary O'Connell, 
Office of General Counsel, NOAA, SSMC-3, Room 15105, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:
Mary O'Connell at 301-713-1328.

SUMMARY: On January 6, 1996, President Clinton signed Public Law 104-
91. Under Section 3 of the law the Secretary of Commerce is directed to 
undertake certain activities with regard to the Pribilof Islands, 
Alaska. Section 3(c) directs the Secretary to prepare a report for 
Congress which proposes necessary actions by the Secretary and Congress 
to resolve all federal responsibilities on the Islands. The report must 
include the statement of claims and recommendations of local entities 
and residents. This collection of information is intended to solicit 
statements of claims and recommendations of local entities and 
residents of the Pribilof

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Islands as required under the law. Respondents are hereby advised that 
this action is for information gathering purposes only. The Secretary 
of Commerce has not been authorized to resolve claims submitted and 
there are currently no federal appropriations available to resolve 
claims raised as part of this process. In addition, respondents are 
advised that submission of a statement of claim does not guarantee that 
the alleged claim will be resolved now or in the future. This 
information collection is only to provide information and 
recommendations to Congress so that it may make a determination as to 
the final resolution of federal responsibility on the Pribilof Islands. 
When and to what extent Congress will act is unknown, and not in the 
province of the Secretary of Commerce. All statements and 
recommendations submitted will be included in the report to Congress 
after legal and equitable review by the Department of Commerce. The 
recommendations of the Department and other affected agencies will also 
be included in the report to Congress. A public meeting to explain the 
process for submitting claims will be held on the Pribilof Islands in 
conjunction with publication of this notice. A second public meeting 
will be held as soon as the claims are categorized for the purposes of 
summarizing and reporting on the information collected. The final 
report will be made available to the public at the same time it is 
submitted to Congress.

SUPPLEMENTARY INFORMATION: The National Oceanic and Atmospheric 
Administration (hereinafter ``NOAA''), a bureau of the Department of 
Commerce, has been tasked with preparation of the report to Congress on 
behalf of the Secretary. This notice is given by NOAA's Office of 
General Counsel and is intended to advise local entities and residents 
of the Pribilof Islands of the Secretary's activities required under 
Section 3(c) of the Act. It is also intended to provide notice of the 
process and procedure whereby statements of claims and recommendations 
for resolution of federal responsibilities can be raised by the 
residents and local entities of the Island.
    Local entities and residents are advised that this effort is 
intended to fully and finally resolve all legal claims against the 
United States related to the Pribilof Islands. Failure to state a claim 
now may foreclose any future opportunities.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information, subject to the requirements 
of the Paperwork Reduction Act, unless that collection displays a 
current valid OMC Control Number. This Notice and attached form have 
been approved by the United States Office of Management and Budget. It 
has received an emergency clearance under the Paperwork Reduction Act 
to allow the United States government to comply with the terms of 
Public Law 104-91. The OMB control number of this request for 
information is contained in the upper right hand corner of this Notice.
    Individual public reporting burden for this collection of 
information is estimated to vary form 2 to 40 hours per response, 
depending on the nature and complexity of the claim and the supporting 
documentation available. For most respondents, we anticipate that the 
average time for responding will not exceed 2 hours. For claimants with 
more detailed claims and the assistance of counsel, responding may take 
much longer. However, we do not anticipate that more than a few 
entities will require more than two hours to respond, and in no event 
do we anticipate more than 40 hours of response time for any claimant. 
All estimates for responding include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Send comments regarding this burden estimate or any other aspect of 
this collection, including suggestions for reducing this burden, to 
Mary O'Connell, Office of General Counsel, NOAA, SSMC-3, Room 15105, 
1315 East-West Highway, Silver Spring, MD 20910. A copy of the comments 
should also be sent to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, D.C. 20503.
    A form for filing claimant's statements and recommendations is 
attached. Each statement of claim and corresponding recommendation must 
be filed on a separate form. The form is designed to assist claimants 
in organizing and presenting their statements of claims and 
recommendations. While it provides the framework for presenting 
statements and recommendations, the claimant is solely responsible for 
presenting statements and recommendations in sufficient detail to 
permit an appropriate analysis and finding of necessary action to be 
recommended to Congress. A detailed description of the degree of 
information required is described in the instructions to the form and 
in the ``PROCEDURES'' section below.

Scope

    The report required by Congress must propose necessary actions by 
the Secretary and Congress to resolve all claims with respect to, and 
permit the final implementation, fulfillment and completion of--

    (A) Title II of the Fur Seal Act Amendments of 1983 (16 U.S.C. 
1161 et seq.) (hereinafter ``the FSA'');
    (B) the land conveyance entitlements of local entities and 
residents of the Pribilof Islands under the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.) (hereinafter ``ANCSA'');
    (C) the provisions of Public Law 104-91, and
    (D) any other matters the Secretary deems appropriate.
    Accordingly, all parties who believe they have a claim against the 
United States related to the United States's obligations under the FSA, 
the transfer of real property by the United States under ANCSA, Public 
Law 104-91, or any other legal or equitable claim related to the United 
States' ownership, occupation, management or administration of the 
Pribilof Islands are hereby requested to submit a statement of their 
claims in accordance with the procedures set forth below.

Procedure for Submitting Statements of Claims and Recommendations

    All statements of claims and recommendations must be submitted in 
writing on the forms provided and postmarked or hand delivered with an 
original and two copies no later than [insert date within 60 days of 
the publication of this notice in the Federal Register. Failure to meet 
this deadline or to comply with the requirements proscribed in this 
notice will act as a bar to inclusion of the claim in the report to 
Congress. No extensions will be granted.
    All statements should be directed to the Office of General Counsel, 
National Oceanic and Atmospheric Administration, 1315 East-West 
Highway, SSMC-3, Room 15104, Silver Spring, MD, 02910, Attention Mary 
O'Connell. Statements made over the phone or in person to a 
representative of NOAA will not be included in the report.
    To be included in the report, a statement of claim must set forth a 
legitimate, well-supported and well-defined assertion, based on a clear 
set of facts and occurrences. To ensure the best possible review and 
analysis of claims, it is incumbent on the claimant that they adhere to 
and comply with the following guidelines:

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    (1) A party may state as many separate claims as they have, 
regardless of consistency, and whether based on legal, on equitable, or 
on both grounds.
    (2) Each statement of claim and corresponding recommendation must 
be submitted separately. You must fill out a separate form for each 
statement and corresponding recommendation.
    (3) Each statement of claim must be stated in simple, concise and 
direct language.
    (4) Each statement of claim must be based on a separate transaction 
or occurrence and the contents of each claim shall be limited to a 
statement of a single set of circumstances.
    (5) Each statement of claim include a clear and concise statement 
of the facts on which the claim is based, and the time, date and place 
where the claim arose.
    (6) Each statement of claim shall include as an attachment copies 
of any documentary evidence relied on in asserting the claim. If the 
supporting documentation constitutes confidential business information 
entitled to protection under a confidentiality agreement, entitled to 
protection under a confidentiality agreement, please state the 
existence and nature of the documentation and the need for its 
protection. Do not fail to raise a claim because of the need to work 
out a confidentiality agreement.
    (7) Each statement of claim shall clearly cite all statutes, 
regulations, orders and authorities on which the claim is founded.
    (8) Each statement of claim shall set forth and describe, as 
applicable, any treaty, contract, executive order, act of Congress, 
administrative or judicial proceeding, and any legal or equitable 
theory or principle relied on in asserting the claim. Reference to 
particular provisions shall be made, or copies of the relevant 
documents attached.
    (9) A statement of claim can only be made by that party entitled to 
relief, or their legal representative.
    (10) Each statement of claim shall include specific and concise 
statements of the relief sought, or a recommendation for resolution. If 
monetary damages are claimed, each statement shall include an 
itemization of costs, and copies of documentary evidence supporting 
those monetary damages shall be attached. If specific performance is 
sought, such performance shall be adequately described.
    (11) Each statement of claim shall state the name address and phone 
number of the claimant and shall be signed by the claimant.
    (12) Each claimant shall clearly set forth the recommendations they 
have for the United States to resolve all obligations to the Pribilof 
residents and local entities.

Public Meetings

    Representatives from NOAA will be convening the first of two public 
meetings on this process the week of May 20, 1996. A second meeting is 
planned for early July, 1996. The meetings will be video-taped for 
residents who cannot attend. The purpose of the first public meeting 
will be to answer questions regarding this collection of information 
and to assist you in responding. The second public meeting will permit 
NOAA to report on and describe the claims and recommendations made.
    No written or oral statements of claims will be accepted at either 
public meeting. Statements of claims will only be accepted in writing, 
using the provided forms, mailed to the address above during the 60 day 
period for submission described above.
    All claimants are hereby advised that submission of a statement of 
claim is for collection of information purposes only and does not 
guarantee that the claim will be resolved as recommended by the 
claimant, or at all. Failure to raise and state a potential claim, 
will, however, serve as a bar to that claim being addressed by the 
Secretary or Congress under Public Law 104-91.

    Dated: April 24, 1996.
Terry Garcia,
General Counsel, National Oceanic and Atmospheric Administration.

[OMB Control No: 0648-0312, Expires: 7/31/96]

Instructions for Statement of Claim Filing Form

Re: Public Law 104-91
    Instructions: Use this form to file a statement of claim and/or 
recommendation as called for in the ``Notice for Filing Statement of 
Claim and Recommendation Under Public Law 104-91'' (``the Notice''). 
This form is intended to assist claimants in organizing and 
presenting their claims and recommendations. While it provides the 
framework for presenting statements of claims, the claimant is 
solely responsible for presenting claims in sufficient detail to 
permit an appropriate analysis and finding of necessary action. 
Detailed instructions regarding the content required to assure an 
adequate analysis of each claim is provided in the Notice. PLEASE 
NOTE: ALL CLAIMANTS MUST SUBMIT AN ORIGINAL PLUS TWO COPIES OF EACH 
CLAIM.
    State each claim on a separate form, and answer each question 
for each claim separately. Be as clear, concise and accurate as 
possible. Provide all facts and copies of all documents relied on in 
asserting a claim. If additional space is needed for any question, 
attach separate sheets of paper. For each attachment to the response 
(including copies of documents and extra space to answer questions) 
be sure to put the claimant's name, the claim number it corresponds 
to and the question being answered in the upper-right-hand corner.
    (1). Self Explanatory.
    (2). Signify whether the claimant is the party entitled to 
relief, a legal representative, a resident or a legal representative 
of a local entity. Check all that apply.
    (3). Fill in Total number of claims submitted. Note: At the top 
of the form fill in the numbered claims represented on the form and 
the total number of claims in the spaces provided. USE A SEPARATE 
FORM FOR EACH CLAIM.
    (4). Summary of Claim. State the potential claim against the 
United States government. Identify the underlying facts supporting 
the claim (state the facts and circumstances leading to the claim--
including time, date, place, and persons involved. Additional sheets 
of paper may be attached to explain the claim, but they must be 
numbered to correspond to this claim and this question)
    NOTE: A claim cannot be reviewed adequately without presentation 
of all relevant facts and documents. If copies of documents are 
provided, please number them to correspond to the correct claim 
number and this question.
    If a confidentiality agreement is required to protect documents 
being disclosed, please state the reason such an agreement is 
justified on a separate sheet of paper and attach to the 
corresponding form.
    (5). Self explanatory.
    (6). If the claim is based on a statute, regulation, treaty, 
order, contract, act of Congress or other authority, please cite and 
attach a copy to this form. Please number the attachments to 
correspond to the correct claim number and this question.
    (7). State the type of relief sought. If you are seeking 
monetary damages, please itemize the costs incurred which support 
the claim for damages. Include copies of invoices and bills for 
those costs. If seeking specific performance, describe that 
performance in detail. Also, state and describe other 
recommendations for the United States to resolve all obligations to 
the Pribilof residents and local entities.
    The claimant's signature is required for this form. Please read 
the declaration and print and sign claimant's name in the space 
provided to acknowledge the truthfulness of the information and 
notice of possible adverse actions and/or punishment for false 
statements pursuant to 18 U.S.C. Sec. 1001.

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[FR Doc. 96-10603 Filed 4-29-96; 8:45 am]
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