[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Notices]
[Pages 38113-38115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18659]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Proposed Finding for Federal Acknowledgment of the Match-e-be-
nash-she-wish Band of Pottawatomi Indians of Michigan
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed finding.
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SUMMARY: Pursuant to 25 CFR 83.10(h), notice is hereby given that the
Assistant Secretary--Indian Affairs (Assistant Secretary) proposes to
acknowledge that the Match-e-be-nash-she-wish Band of Pottawatomi
Indians of Michigan (MBPI), 112 W. Superior Street, Wayland, MI 49348,
exists as an Indian tribe within the meaning of Federal law. This
notice is based on the determination that the tribe satisfies all of
the criteria set forth in 25 CFR 83.7 as modified by 25 CFR 83.8, and,
therefore, meets the requirements for a government-to-government
relationship with the United States.
DATES: As provided by 25 CFR 83.10(i), any individual or organization
wishing to comment on the proposed finding may submit arguments and
evidence to support or rebut the evidence relied upon. This material
must be submitted within 180 calendar days from the date of publication
of this notice. As stated in the regulations, 25 CFR 83.10(i), parties
who submit arguments and evidence to the Assistant Secretary must also
provide copies of their submissions to the petitioner.
ADDRESSES: Comments on the proposed finding and/or request for a copy
of the report of evidence should be addressed to the Office of the
Assistant Secretary, 1849 C Street, N.W., Washington, D.C. 20240,
Attention: Branch of Acknowledgment and Research, MailStop 4603-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.
The petitioner, formerly called the Gun Lake Band of Grand River
Ottawa, consists of descendants from Match-e-be-nash-she-wish's
Potawatomi band, which received a three-mile square reserve at
Kalamazoo, Michigan, under the Treaty of 1821. The Band moved northward
from Kalamazoo to its current location in Allegan County, Michigan,
after the 1833 Treaty of Chicago. Because of its location as the
northernmost of the Potawatomi bands in Michigan, it was incorporated
for payment purposes with the Grand River Ottawa under the Compact of
1838 following the 1836 Ottawa Treaty.
The band was a signatory to the 1855 Treaty of Detroit. It received
annuity payments under this and prior treaties until the final
commutation payment in 1870. The petitioner thus meets the requirements
of section 83.8 as having unambiguous previous Federal acknowledgment
and has been considered under the modifications of section 83.7 that
are prescribed by section 83.8. The date of the band's final annuity
commutation payment, 1870, has been used as the date of the latest
Federal acknowledgment for purposes of this finding to enable the
petitioner to proceed under the provisions of section 83.8.
Between 1870 and 1904, the petitioner's ancestors continued to
reside on lands of the former Griswold Mission, which was referred to
as an ``Indian Colony'' in the 1880 Federal census of Allegan County,
Michigan. During 1883-1884, the former Griswold Reserve lands were
allotted among the families, generating extensive court records which
identified the community and its members. In 1900 and 1910, the Federal
census enumerated the Allegan County settlement on the special Indian
Population schedules.
The 1904 Taggart Roll and the 1908 Durant Roll--rolls compiled by
the Bureau of Indian Affairs (BIA) special agents to settle claims of
Michigan's Potawatomi and Ottawa Indians, respectively--listed
ancestors of the petitioner. From 1885 onward, the Methodist Church
designated the church near Bradley on the former Griswold Reserve lands
as an Indian mission. In 1917, a sister church of the petitioner was
established at Salem in Allegan County, also designated as an Indian
mission by the Methodist
[[Page 38114]]
Church. Annual mission reports to the Methodist Church have provided
documentation on petitioner participation in mission activities from
this period to the present. In 1939, the BIA's Holst Report on Indians
in the Lower Peninsula of Michigan provided a summary description of
the ``Bradley group consisting of 23 families.'' The 1941 WPA guide to
the State of Michigan identified the Bradley settlement as an Indian
entity.
Numerous newspaper articles published from the early 1900's to the
present have described the petitioner and their ancestors in Allegan
County, Michigan, as a Potawatomi group or combined Potawatomi/Ottawa
group. Some of these specified that the current group descends from the
historical Match-e-be-nash-she-wish band. Therefore, we conclude that
the petitioner meets criterion 83.7(a) as modified by criterion
83.8(d).
The petitioner presented evidence that more than 50 percent of the
group had resided in a geographical area almost exclusively composed of
band members from historical times up to 1920 and maintained consistent
interaction with the remainder of the group. At least 50 percent of the
band's members, including children and adults, were Potawatomi speakers
from historical times up through early 1957. Since then, the members
have come together in significant numbers, across all family lines, and
have maintained a significant rate of informal social interaction.
Thus, the petitioner meets the requirements of criterion 83.7(b) for
community up to the present.
Since World War II to the present, younger members of the group
have moved away from the Bradley settlement area, a.k.a. the Griswold
Colony, to nearby urban areas in search of housing and employment. The
majority of the young emigrants relocated to Grand Rapids or Kalamazoo,
both approximately 25 miles from the Bradley settlement. These
emigrants and their offspring maintained close social and kinship ties
with members still residing near Bradley. We conclude the petitioner
meets criterion 83.7(b), as modified by section 83.8(d)(2), and that
the petitioner demonstrates that it comprises a distinct community at
present.
From the early 1800's to at least 1904, traditional chiefs led the
Band and were clearly identified by authoritative outside observers.
The records of the BIA, the Methodist church, and Allegan County,
Michigan, as well as the D.K. Foster papers, provided extensive
documentation of the activities undertaken by the traditional chiefs on
behalf of the band. This evidence, in conjunction with evidence under
83.7(c)(iv) and 83.7(b)(2) is sufficient for the MBPI to meet
83.8(d)(3) from the time of last Federal recognition to 1904.
From 1904 to 1992, the leadership was closely associated with lay
and ordained band ministers of the community's Methodist missions. The
documentation submitted by the petitioner and consulted by the
Government's researchers did not find continuous identification of
these leaders by authoritative outside sources, at a level required by
83.8(d)(3). However, in cases where a petitioner with prior unambiguous
Federal acknowledgment does not submit evidence to demonstrate that the
group meets the standards described under the expedited process for
previously recognized tribes, they may alternatively demonstrate that
they meet 83.7(c) using the forms of evidence described in that
section. Under the revised Federal acknowledgment regulations which
became effective March 28, 1994, the presumption is made under
83.7(c)(3) that at any period during which the petitioner can show
sufficient evidence to meet criterion 83.7(b)(2), they also meet
criterion 83.7(c). As the petitioner meets criterion 83.7(b) with
sufficient evidence through 1957, under 83.7(3), it also meets
criterion 83.7(c) until 1957. Also, the petitioner submitted
substantial evidence concerning the actual leadership activities of the
lay ministers at Bradley and Salem missions for this period.
From 1957 to 1992, the actual activities and leadership were
analyzed to show that the MBPI meet 83.7(c), until 1992, when the group
was formally incorporated with a council. Since then, the MBPI have
made significant decisions and taken actions to buy land, organize
their governing structures, and deal with certain social issues at a
level that meets 83.7(c).
The petitioning group has provided a copy of its governing
document, which describes its membership criteria. Thus, we conclude
that the petitioner meets criterion 83.7(d).
All band members listed on the October 20, 1994 roll are of
Michigan Potawatomi ancestry and descend from persons listed on the
1904 Taggart Roll. All band members listed on the 1994 roll meet the
petitioner's constitutional membership qualifications. We conclude that
the petitioner meets criterion 83.7(e).
One hundred twenty-six persons who previously were carried on the
Huron Potawatomi, Inc. membership roll committed themselves to the
Match-e-be-nash-she-wish petitioner in writing in October, 1994, and
withdrew from the Huron Potawatomi, Inc. prior to the effective date of
Huron Potawatomi, Inc.'s Federal acknowledgment. Accordingly, the
MBPI's membership is composed primarily of persons who are not members
of any acknowledged North American tribe. Therefore, we conclude that
the petitioner meets criterion 83.7(f).
No evidence was found that the petitioner or its members are the
subject of congressional legislation which has expressly terminated or
forbidden the Federal relationship. Therefore, we find that the
petitioner meets criterion 83.7(g).
Based on this preliminary factual determination, we conclude that
the Match-e-be-nash-she-wish Band of Pottawatomi Indians should 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, N.W.,
Washington, D.C. 20240, Attention: Branch of Acknowledgment and
Research, MailStop 4603-MIB. Third parties must also 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 comments are received during the regular response
period, the petitioner shall have a minimum of 60 days to respond to
these comments.
[[Page 38115]]
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 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 time frame for preparation of the final
determination and notify the petitioner and interested parties of the
date such consideration begins. The Assistant Secretary may conduct any
necessary additional research and may request additional information
from the petitioner and third parties. 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 rebutting or supporting the proposed finding begins, as
provided in 25 CFR 83.10(l)(2).
Dated: June 23, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-18659 Filed 7-15-97; 8:45 am]
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