[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59409-59410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25487]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900 253G]
Proposed Finding Against Federal Acknowledgment of the Southern
Sierra Miwuk Nation
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: The Department of the Interior (Department) gives notice that
the Assistant Secretary-Indian Affairs (AS-IA) proposes to determine
that the petitioner, Southern Sierra Miwuk Nation (SSM), is not an
Indian Tribe within the meaning of Federal law. This notice is based on
a determination that SSM does not meet one of the seven mandatory
criteria for a government-to-government relationship with the United
States. This proposed finding is based on only one criterion.
DATES: Comments on this proposed finding (PF) are due on or before May
22, 2019. We must receive any request for a technical assistance
meeting by January 22, 2019. See the SUPPLEMENTARY INFORMATION section
of this notice for more information about these dates.
ADDRESSES: Please address comments on the PF or requests for a copy of
the report to the Department of the Interior, Office of the Assistant
Secretary-Indian Affairs, Attn: Office of Federal Acknowledgment, 1849
C Street NW, MS-4071 MIB, Washington, DC 20240. Parties who make
comments on the PF must also provide a copy of their comments to the
petitioner.
FOR FURTHER INFORMATION CONTACT: R. Lee Fleming, Director, Office of
Federal Acknowledgment (OFA), (202) 513-7650.
SUPPLEMENTARY INFORMATION: Pursuant to 25 CFR 83.10(h), the Department
gives notice that the AS-IA proposes to determine that the Southern
Sierra Miwuk Nation (SSM, Petitioner #82), c/o William H. Leonard, 4630
Ben Hur Road, Mariposa, California 95338, is not an Indian Tribe within
the meaning of the Federal law. This notice is based on a preliminary
finding that the petitioner fails to satisfy one of the seven mandatory
criteria for acknowledgement set forth in 25 CFR 83.7(a) through (g),
and thus, does not meet the requirements for a government-to-government
relationship with the United States.
The Department received a letter of intent from the petitioner
under the name ``American Indian Council of Mariposa County'' (AICMC)
on April 24, 1982, and designated it Petitioner #82. The petitioner
submitted a narrative and partial documentation on April 19, 1984. The
Department replied with an ``obvious deficiency'' (OD) review letter on
May 1, 1985. The petitioner responded with documentation on December
12, 1986. At the request of the petitioner, the Department sent a
second OD review letter on April 11, 1988. The Department received the
petitioner's response on January 16, 1998. The Department then placed
Petitioner #82 on the ``Ready, Waiting for Active Consideration'' list.
Active consideration began on November 1, 2010, after which the
Department asked for an updated membership list and any other materials
within 60 days (70 FR 16514). The petitioner requested an ``extension
of time to submit documentation,'' and the Department received the
petitioner's submission on February 8, 2011, containing documentation,
meeting minutes, membership list, articles, newspapers, and governing
documents.
During review of Petitioner #82's documented petition, OFA
identified technical issues with the petitioner's membership files that
needed to be resolved in order to complete the review for the PF. For
this reason, the AS-IA extended the original due date for issuance of
the PF, from November 1, 2011 to April 30, 2012. During further review,
additional technical issues with the petitioner's membership vital
records arose, and the AS-IA found good cause to suspend the issuance
of the PF under 83.10(g).
[[Page 59410]]
On July 31, 2015, the Department issued a final rule that revised
the acknowledgment regulations and provided the petitioner the
opportunity to choose to complete the evaluation either under the
revised 2015 regulations or under the 1994 regulations (80 FR 37862-
37895). Petitioner #82 decided to continue with the review of its
petition under the 1994 regulations. Active consideration resumed, with
the AS-IA ultimately extending the deadline for this PF to November 16,
2018.
Criterion 83.7(b) requires that ``a predominant portion of the
petitioning group comprises a distinct community and has existed as a
community from historical times until the present.'' Section 83.1
defines ``Community'' as: Any group of people which can demonstrate
that consistent interactions and significant social relationships exist
within its membership and that its members are differentiated from and
identified as distinct from nonmembers.. Community must be understood
in the context of the history, geography, culture and social
organization of the group.'' The definition of ``the present'' is
tailored to each petitioner's unique history. For this petitioner,
``the present'' is defined as 1982 (the year when the petitioner
submitted its Letter of Intent) to 2011 (the year when the petitioner
submitted supplemental membership information).
Evidence in the record shows involvement by some members of the
petitioner in group activities, but not by a predominant portion of the
membership. Events sponsored by the formal organization are attended by
some of the petitioner's members, but also by non-Indians and non-Miwok
Indians (some of whom may be closely related to the petitioner but who
are enrolled in federally recognized Tribes). Participation in these
activities appears to include some members from various families, but
it is unclear to what extent this participation represents a cross-
section of the entire membership. The record contains very little
information regarding how often members interact with each other
outside of the functions organized by the group's leadership. The
materials and interviews contained few descriptions of members from
multiple families socializing at birthday parties, baby showers,
graduations, anniversaries, or other events not sponsored by the
group's governing body. There is also little to no discussion in the
interviews or in any of the documents in the record of members
informally looking after each other's children, taking in other members
if they were rendered homeless, helping other members to secure
employment, or aiding other members in times of sickness or financial
hardship.
The evidence in the record is insufficient to demonstrate that
Petitioner #82 meets the criterion 83.7(b), one of the seven mandatory
criteria of the regulations for a determination that the petitioning
group is an Indian Tribe. In accordance with the regulations, the
failure to meet all seven criteria requires a determination that the
petitioning group is not an Indian Tribe within the meaning of Federal
law. See 25 CFR 83.6(d) and 25 CFR 83.10(m). Therefore, the Department
proposes to decline to acknowledge Petitioner #82 as an Indian Tribe.
According to the AS-IA OFA; Guidance and Direction Regarding
Internal Procedures of May 23, 2008:
If during the evaluation of a petition on active consideration
it becomes apparent that the petitioner fails on one criterion, or
more, under the reasonable likelihood of the validity of the facts
standard, OFA may prepare a proposed finding or final determination
not to acknowledge the group on the failed criterion or criteria
alone, setting forth the evidence, reasoning, and analyses that form
the basis for the proposed decision. (73 FR 30146-30148)
The burden of providing sufficient evidence under the criteria in
the regulations rests with the petitioner (25 CFR 83.5(c)). Because
Petitioner #82 has not met criterion Sec. 83.(b) as a distinct
community, it is not necessary, at this time, for the Department to
make conclusions regarding the other six mandatory criteria.
Additionally, due to the fact that the petitioner fails to meet the
requirements of 83.7(b) (``the present''), the Department considers it
unnecessary to conduct an analysis whether a predominant portion of the
group comprised a distinct community and existed as a community from
historical times. If additional evidence is provided after the PF is
published, the Department may find it necessary to conduct an analysis
of community from historical times to the present.
The PF is based on the evidence currently in the record. Additional
evidence may be submitted during the comment period that follows
publication of this finding. If new evidence provided during the
comment period results in a reversal of this conclusion, the AS-IA will
issue an amended PF evaluating all seven criteria. (73 FR 30146-30148)
Publication of this notice of the PF in the Federal Register
initiates a 180-day comment period during which the petitioner and
interested and informed parties may submit arguments and evidence to
support or rebut the evidence relied upon in the PF. Comments on the PF
should be addressed to both the petitioner and the Federal Government
as required by 25 CFR 83.10(i) and as instructed in the ADDRESSES
section of this notice by the date listed in the DATES section of this
notice. The regulations, 25 CFR 83.10(k), provide the petitioner a
minimum of 60 days to respond to any submissions on the PF received
from interested and informed parties during the comment period. After
expiration of the comment and response periods described above, the
Department will consult with the petitioner and interested parties to
determine an equitable timeframe for consideration of written arguments
and evidence. The Department will notify the petitioner and interested
parties of the date such consideration begins. After consideration of
the written arguments and evidence rebutting or supporting the PF and
the petitioner's response to the comments of interested parties, the
AS-IA will either issue an amended proposed finding or make a final
determination regarding the petitioner's status. The Department will
publish a summary of this determination in the Federal Register.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal information from
public review, we cannot guarantee that we will be able to do so.
Dated: November 16, 2018.
Tara Sweeney,
Assistant Secretary, Indian Affairs.
[FR Doc. 2018-25487 Filed 11-21-18; 8:45 am]
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