Cancellation of Utah Resource Advisory Council Meeting/Conference Call, 4955 [2014-01911]
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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Notices
with individual Tolowa Indians
associated with the Smith River Tribe.
These documents do not show the
petitioner or its ancestors were a
community distinct within, or from, the
Smith River Tribe during those years.
Other documents from this period were
marriage and death certificates or land
records from the first three decades of
the 20th century. These documents
dealt with just a few of the petitioner’s
ancestors, particularly the Fred Charles
family, who were Elk River Rancheria
members. While these records provided
some evidence of genealogical
connections or residence and land
ownership for some of the group’s
ancestors, they did not demonstrate any
social interaction among those ancestors
as a distinct group. Nor did they show
the petitioner was part of a community
of Indians separate from the Smith River
and the Elk Valley Tribes. The
petitioner also submitted Indian
censuses from around the 1920s for the
Hoopa Valley Reservation of northern
California. These same censuses were
evaluated and cited in the PF and did
not provide evidence that the
petitioner’s ancestors formed a distinct
social community.
The petitioner submitted some
articles from unidentified newspapers
from the 1950s and 1960s that dealt
with the Smith River Tribe and not the
petitioner. A few articles, some already
referenced in the PF, discussed
activities related to the DNIWA. These
documents also did not show the
DNIWA later evolved into the petitioner
or that petitioner’s ancestors were
distinct within the DNIWA.
Given that Petitioner has failed to
satisfy 83.7(b) for the period from 1930
to 1980, petitioner has failed to satisfy
this criterion. The petitioner’s evidence
for the 1980s to the present is also
insufficient to demonstrate criterion
83.7(b). For example, some documents
dealt with the activities of the Smith
River Tribe, while others, like portions
of the Advisory Council on California
Indian Policy Recognition Report
(1997), dealt with recommendations for
revising the Federal acknowledgment
regulations as they applied to California
Indian groups in general. Two letters
from 1982 concerned a group much
broader than the petitioner and did not
provide evidence of community for the
petitioner. Other documents included
flyers from the 1990s and 2000s
announcing gatherings the petitioner
sponsored. These events, such as the
‘‘National Indian Observance Day,’’
‘‘Drums on the Beach,’’ or ‘‘California
Indian Observance Day,’’ without more
information, appeared pan-Indian in
orientation and standing alone did not
VerDate Mar<15>2010
18:24 Jan 29, 2014
Jkt 232001
provide sufficient evidence that the
petitioner was a distinct community.
Other evidence, such as photographs,
minutes of limited meetings attended by
some council members, and
environmental efforts attended by the
general public and a few of petitioner’s
members were insufficient evidence to
demonstrate significant social
relationships.
Comments on the PF by two third
parties added no significant information
on community. Wesley Taukchiray
detailed his analysis of the location or
composition of the Tolowa Indian
villages in the late 19th century. He
believes that the modern-day
petitioner’s ancestors are ‘‘successors in
interest’’ to these villages. Mr.
Taukchiray did not provide any
documentation with his submission to
support his arguments. None of his
analysis shows the petitioner’s ancestors
were a community distinct within or
from the Smith River and the Elk Valley
Tribes, or that the petitioner evolved out
of those two Tribes.
Gordon Bonser wrote that he had
lived in the Crescent City area since the
early 1990s and had many friends
among the petitioning group. Based on
his personal experience, he attested to
the fact the petitioner’s members viewed
‘‘themselves as being both Native
American and Tolowa’’ and as ‘‘separate
from the Smith River or Elk Valley
people.’’ He provided no documentation
to support this opinion and contrary
evidence in the record outweighs his
claims.
In summary, the evidence for the PF
and the FD does not demonstrate that
the petitioner’s ancestors evolved as a
community distinct either from the
Smith River and Elk Valley Tribes or
from any other Tolowa entity that may
have existed before 1908. The evidence
does not demonstrate that the group’s
claimed precursor, the DNIWA, was an
entity that constituted a community
distinct from the membership of the
Smith River and the Elk Valley Tribes
from the 1930s to the 1980s, or that
petitioner’s ancestors were distinct
within it. Finally, the evidence of the
petitioner’s activities since the 1980s
does not satisfy the regulations or
change the conclusion that the evidence
was insufficient between 1930 and the
1980s. Thus, the evidence in the record
is insufficient to demonstrate that the
petitioner constituted a distinct
community.
The evidence in the record for the PF
and the FD is insufficient to change the
conclusions in the PF. Thus, the
Department declines to acknowledge the
petitioner known as the Tolowa Nation
as an Indian tribe within the meaning of
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4955
Federal law. The Department will
provide a copy of this Federal Register
Notice to the petitioner and interested
parties, and is available to other parties
upon written request or as posted on the
BIA Web site. Those parties wishing a
paper copy of the FD should address
their requests to the Assistant Secretary
as instructed in the ADDRESSES section
of this notice. After the publication of
this notice in the Federal Register, the
petitioner or any interested party may
file a request for reconsideration with
the Interior Board of Indian Appeals
(IBIA) under the procedures in section
83.11 of the regulations. The IBIA must
receive this request no later than 90
days after the publication of this notice
in the Federal Register. The FD will
become effective, as provided in the
regulations, 90 days after the Federal
Register publication unless the IBIA
receives a request for reconsideration
within that time.
Dated: January 24, 2014.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2014–01831 Filed 1–29–14; 8:45 am]
BILLING CODE 4310–G1–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[14X LLUT980300–L11100000–PH0000–24–
1A]
Cancellation of Utah Resource
Advisory Council Meeting/Conference
Call
AGENCY:
Bureau of Land Management,
Interior.
Notice of cancellation of
meeting/conference call.
ACTION:
The Jan. 23, 2014, Utah
Resource Advisory Council Meeting/
Conference Call is cancelled because a
quorum cannot be met. If you have any
questions, please contact Sherry Foot,
Special Programs Coordinator, Bureau
of Land Management, Utah State Office,
Suite 500, 440 West 200 South, Salt
Lake City, Utah 84101; phone (801)
539–4195; or, sfoot@blm.gov.
SUMMARY:
Authority: 43 CFR 1784.4–1.
Jenna Whitlock,
Associate State Director.
[FR Doc. 2014–01911 Filed 1–29–14; 8:45 am]
BILLING CODE 4310–DQ–P
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Notices]
[Page 4955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01911]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[14X LLUT980300-L11100000-PH0000-24-1A]
Cancellation of Utah Resource Advisory Council Meeting/Conference
Call
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of cancellation of meeting/conference call.
-----------------------------------------------------------------------
SUMMARY: The Jan. 23, 2014, Utah Resource Advisory Council Meeting/
Conference Call is cancelled because a quorum cannot be met. If you
have any questions, please contact Sherry Foot, Special Programs
Coordinator, Bureau of Land Management, Utah State Office, Suite 500,
440 West 200 South, Salt Lake City, Utah 84101; phone (801) 539-4195;
or, sfoot@blm.gov.
Authority: 43 CFR 1784.4-1.
Jenna Whitlock,
Associate State Director.
[FR Doc. 2014-01911 Filed 1-29-14; 8:45 am]
BILLING CODE 4310-DQ-P
