[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Notices]
[Pages 30430-30431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13998]
[[Page 30429]]
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Part IV
Department of the Interior
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Bureau of Indian Affairs
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Proposed Finding Against Federal Acknowledgment of the Golden Hill
Paugussett Tribe; Notice
Federal Register / Vol. 60, No. 110 / Thursday, June 8, 1995 /
Notices
[[Page 30430]]
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Proposed Finding Against Federal Acknowledgment of the Golden
Hill Paugussett Tribe
May 24, 1995.
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed finding.
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SUMMARY: Pursuant to 25 CFR 83.10(e), of the revised Federal
acknowledgment regulations, which became effective March 28, 1994,
notice is hereby given that the Assistant Secretary--Indian Affairs
(Assistant Secretary) proposes to decline to acknowledge that the
Golden Hill Paugussett Tribe, P.O. Box 1645, Bridgeport, Connecticut
06601-1645 exists as an Indian tribe within the meaning of Federal law.
This notice is based on a determination that the Golden Hill Paugussett
Tribe does not meet one of the seven mandatory criteria set forth in 25
CFR 83.7, specifically, criterion 83.7(e). Therefore, the Golden Hill
Paugussett Tribe does not meet the requirements necessary for a
government-to-government relationship with the United States.
DATES: As provided by 25 CFR 83.10(e)(1) and 83.10(h) through 83.10(l),
any individual or organization wishing to challenge the proposed
finding may submit factual or legal arguments and evidence to rebut or
support the evidence relied upon. This material must be submitted on or
before December 5, 1995.
ADDRESSES: Comments on the proposed finding and/or requests for a copy
of the report of evidence should be addressed to the Office of the
Assistant Secretary, 1849 C Street, N.W., Washington, DC 20240,
Attention: Branch of Acknowledgment and Research. Mail Stop 2611-MIB.
FOR FURTHER INFORMATION CONTACT: Holly Reckord, Chief, Branch of
Acknowledgment and Research, (202) 208-3592.
SUPPLEMENTARY INFORMATION: This notice is published in the exercise of
authority delegated by the Secretary of the Interior to the Assistant
Secretary by 209 DM 8.
In order to meet criterion 83.7(e), the petitioner must demonstrate
Indian ancestry through descent from a historical tribe, or from tribes
which combined and functioned as a single entity. When documenting
descent from members of the historical tribe or tribes, the petitioner
must show that: (1) The persons claimed as Indian ancestors were of
Indian descent from a particular tribe; and (2) Indian descent must be
derived from more than one Indian person.
The Federal acknowledgment process is not intended to recognize
single individuals or single extended families of Indian descent, even
if of Indian ancestry. Nor is it intended to recognize the descendants
of single individuals or families, no matter how large a body of such
descendants exit. Criterion e is one of the criteria which is intended
to insure continuous existence as a tribal body. Descent from a single
Indian ancestor does not meet this requirement.
The petitioner does not meet criterion e for the following reasons:
(1) The petitioner's single common ancestor, William Sherman, has not
been documented conclusively to have Indian ancestry from the historic
Golden Hill Paugussett Tribe or from any other historic Indian tribe;
and (2) even if William Sherman were shown to have Indian ancestry,
from the historic Golden Hill Paugussett or from any other historic
Indian tribe, the present group would be descended from a single Indian
individual. It, therefore, would not meet the requirements of criterion
e, which requires ancestry as a tribe, not simply Indian ancestry.
The Golden Hill Paugussett Tribe's petition for Federal
acknowledgment claims that, ``The Golden Hill Paugussett tribe has
existed in the State of Connecticut since time immemorial, and has
maintained its autonomy and unity as an American Indian tribe while
interacting with non-Indian populations since the Colonial period.''
The Golden Hill Paugussett Tribe's petition for Federal
acknowledgment also maintains that as long as a single Golden Hill
Paugussett descendant remains alive, the tribal entity continues to
exist. This does not accord with the definition of tribal existence in
25 CFR part 83, and the underlying precedents in Federal law and
judicial decisions.
A substantial body of documentation was available on the
petitioning group and its ancestors. This extensive evidence does not
demonstrate either the Paugussett Indian tribal ancestry claimed in the
petition or other Indian tribal ancestry. Furthermore, had Indian
ancestry been documented, Indian descent would remain from only one
individual. One individual Indian ancestor does not qualify the group
for Federal recognition as an Indian Tribe. Based on this factual
determination, we conclude that the Golden Hill Paugussett tribe should
not be granted Federal acknowledgment under 25 CFR part 83.
As provided by 25 CFR 83.10(h) of the revised regulations, a report
summarizing the evidence, reasoning, and analyses that are the basis
for the proposed decision will be provided to the petitioner and
interested parties, and is available to other parties upon written
request. Comments on the proposed finding and/or requests for a copy of
the report of evidence should be addressed to the Office of the
Assistant Secretary, Bureau of Indian Affairs, 1849 C Street, NW.,
Washington, DC 20240, Attention; Branch of Acknowledgment and Research,
Mail Stop 2611-MIB. Third parties must simultaneously supply copies of
their comments to the petitioner in order for them to be considered by
the Department of the Interior.
During the response period, the Assistant Secretary shall provide
technical advice concerning the proposed finding and shall make
available to the petitioner in a timely fashion any records used for
the proposed finding not already held by the petitioner, to the extent
allowable by Federal law (83.10(j)(1)). In addition, the Assistant
Secretary shall, if requested by the petitioner or any interested
party, hold a formal meeting for the purpose of inquiring into the
reasoning, analyses, and factual bases for the proposed finding. The
proceedings of this meeting shall be on the record. The meeting record
shall be available to any participating party and become part of the
record considered by the Assistant Secretary in reaching a final
determination (83.10(j)(2)).
If third party submissions are received during the regular response
period, the petitioner shall have a minimum of 60 days to respond to
these submissions. This period may be extended at the Assistant
Secretary's discretion if warranted by the nature and extent of the
comments (83.10(k)).
At the end of the response periods for comment on this proposed
finding, the Assistant Secretary shall consider the written arguments
and evidence submitted during the response periods and issue a final
determination. The Assistant Secretary shall consult with the
petitioner and interested parties to determine an equitable timeframe
for preparation of the final determination and notify the petitioner
and interested parties of the date such consideration begins
(83.10(l)). The Assistant Secretary may conduct any necessary
additional research and may request additional information from the
petitioner and commenting parties (83.10(l)(1)). A summary of the final
determination will be published in the Federal Register within 60 days
from the date on which the consideration of the written arguments and
evidence [[Page 30431]] rebutting or supporting the proposed finding
begins, as provided in 25 CFR 83.10 (l)(2).
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-13998 Filed 6-7-95; 8:45 am]
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