[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]
BILLING CODE 3510-12-M
