[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Notices]
[Pages 28480-28481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13171]
[[Page 28479]]
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Part VI
Department of the Interior
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Bureau of Indian Affairs
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Indian Tribes, Acknowledgement of Existence Determinations for the Jena
Band of Choctaw Indians and the Huron Potawatomi, Inc.; Notices
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 /
Notices
[[Page 28480]]
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Final Determination for Federal Acknowledgment of the Jena Band
of Choctaw Indians
Agency: Bureau of Indian Affairs, Interior.
Action: Notice of Final Determination.
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SUMMARY: This notice is published in the exercise of authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs (Assistant Secretary) by 209 DM 8.
Pursuant to 25 CFR Sec. 83.10(m), notice is hereby given that the
Assistant Secretary acknowledges that the Jena Band of Choctaw Indians
(Jena Choctaw), c/o Mr. Jerry D. Jackson, P.O. Box 14, Jena, Louisiana
71342-0014, exists as an Indian tribe within the meaning of Federal
law. This notice is based on a determination that the group satisfies
the criteria set forth in 25 CFR Sec. 83.7.
DATES: This determination is final and will become effective 90 days
from publication of the final determination, pursuant to 25 CFR 83.10
(l)(4), unless a request for reconsideration is filed pursuant to 25
CFR 83.11.
A notice of the proposed finding to acknowledge the Jena Choctaw
was published in the Federal Register on October 31, 1994 (Vol. 59, pt.
II, No. 209, pp. 54496-7). The 180-day period provided for in the
regulations for comment on the proposed finding closed April 29, 1995.
This determination is made following a review of the public comments on
the proposed finding to acknowledge the tribe.
The Jena Choctaw submitted a new membership roll during the comment
period. There were no substantial comments or evidence submitted by
interested parties or informed parties during the comment period. A
letter supporting the proposed finding and recognition of the Jena
Choctaw was submitted by the Mississippi Band of Choctaw Indians.
Limited comments, not containing substantive new evidence or arguments,
were received from two other parties. None of the comments refuted the
proposed finding. The comments were considered but were determined to
have no effect on the findings of fact or the decision to acknowledge
the tribe. The Jena Choctaw by tribal council resolution of April 29,
1995, stated they had no response to the comments received and
requested that the BIA waive the 60-day response period provided under
25 CFR 83.10 (k).
The proposed finding to acknowledge the Jena Choctaw determined
that the petitioner fully met all seven of the criteria. The final
determination affirms the proposed finding. It is based on the
extensive evidence submitted by the Jena Choctaw or generated by the
Branch of Acknowledgment and Research in the conduct of its own
research in preparing the proposed finding and on a consideration of
the new membership roll.
The Jena Choctaw directly descends from Choctaws who left the
historic Mississippi Choctaw tribe and settled in Catahoula Parish, now
LaSalle Parish, in the vicinity of Jena, Louisiana, prior to 1880 when
they were first identified by the Federal census. The linguist Albert
Gatschet reported finding three Choctaw families living in log huts on
Trout Creek, Catahoula Parish in 1886. They were known locally as the
Eden Indians, the Choctaw Indians on Trout Creek, and the Whatley
Indians in reference to their residences or to the land owners with
whom they were associated. After World War II, most of the tribe moved
into the nearby town of Jena, Louisiana. They formally incorporated in
1974 as the Jena Band of Choctaw Indians, but usually refer to
themselves as the Jena Choctaw. They have been identified as an Indian
entity throughout their history until the present by the Federal
Government, the State government, local authorities, scholars, the
Mississippi Band of Choctaw, and other sources.
The Jena Choctaw maintained a separate and distinct Indian group
through a high degree of in-group marriage. Before 1950, 85 percent of
the marriages of members were to other members, and 50 percent of the
existing marriages in 1959 were between members of the tribe. The
Choctaw language was used almost exclusively by members of this Indian
community until the late 1930's. The use of the Choctaw language
continued in many households until the late 1950's, sustained in part
by the high degree of in-group marriage. Close family ties, living in
close proximity to one another, and shared community activities such as
maintenance of the Indian cemetery have demonstrated that the group
maintained a distinct, cohesive community in the last three decades to
the present.
A traditional leader or chief conducted the affairs of the Indian
community, led the group in burial practices, and conducted marriages
until the late 1930's. Although the traditional leader's role was less
active after World War II, he continued to organize community support
to meet the needs of the membership. In addition, informal leaders
exhibited political influence within the Choctaw community during the
1950's and 1960's which continued after the death of the last
traditional leader in 1968. Since 1974, the Jena Choctaw have elected
their leaders and members have continued to participate in the
governance of the tribe.
The Jena Choctaw have a constitution and by-laws which define the
membership and reflect how they govern themselves.
The revised membership roll submitted during the comment period has
an additional 32 members who were not listed on the membership roll
dated October 1993, which was used for the proposed finding. The
additional individuals are the children and grandchildren of
individuals on the previous roll. All members on the October 1993 roll
had \1/4\ or more Choctaw blood quantum. All of the new members have
\1/8\ or more Choctaw blood quantum, and thus they meet the membership
requirements prescribed in the Jena constitution.
Every member descends from at least one ancestor who was identified
as a Choctaw Indian on the Federal censuses and/or who was identified
as a full-blood Mississippi Choctaw on the 1903 preliminary roll of the
Dawes Commission. Thus, they continue to meet the requirements of the
regulations for descent from the historic tribe.
Although the new list increases the membership by approximately 20
percent (from 157 to 189), it does not change the basic community of
the Jena Choctaw. Of the 32 new members, 9 are children born since
October 1993, and 13 more are children under the age of 21. The other
10 are grandchildren of members listed in 1993. Sixty-five percent of
the new members live in Jena and the surrounding area.
Under 25 CFR 83.12(b), the revised roll dated April 3, 1995, and
approved by the Jena tribal council, will be considered as the base
roll of the Jena Choctaw for Federal funding and other administrative
purposes.
Members of the Jena Choctaw were not found to be members of any
other acknowledged Indian tribe. Neither the tribe nor its members have
been the subject of Congressional legislation which has expressly
forbidden a relationship with the Federal Government.
The Jena Choctaw has met all seven criteria under 25 CFR 83.7 for
Federal acknowledgment as an Indian tribe. [[Page 28481]]
This determination is final and will become effective 90 days from
the date of publication, unless a request for reconsideration is filed
pursuant to Sec. 83.11. The petitioner or any interested party may file
a request for reconsideration of this determination with the Interior
Board of Appeals (Sec. 83.11(a)(1)). The petitioner's or interested
party's request must be received no later than 90 days after
publication of the Assistant Secretary's determination in the Federal
Register (Sec. 83.11(a)(2)).
Dated: May 18, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-13171 Filed 5-30-95; 8:45 am]
BILLING CODE 4310-02-P
