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36022 Federal Register / Vol. 72, No.

126 / Monday, July 2, 2007 / Notices

DEPARTMENT OF THE INTERIOR comment period, and the Department Canada, to the United States, but not as
extended it for an additional 90 days. a group.
Bureau of Indian Affairs The comment period closed on August, Of the petitioner’s 1,171 members
14, 2006. The petitioner again requested with enrollment files completed to the
Final Determination against Federal an extension of the comment period. In petitioner’s satisfaction, only 8 (less
Acknowledgment of the St. Francis / reply, the Department stated that it than 1 percent) demonstrated descent
Sokoki Band of Abenakis of Vermont would consider doing so if the from a Missisquoi Abenaki Indian
AGENCY: Bureau of Indian Affairs, petitioner submitted, as soon as ancestor. By 1800, most of the historical
Interior. possible, a more thorough work plan Missisquoi Abenaki Indian tribe had
ACTION: Notice of Final Determination. and justification for the extension. The migrated to St. Francis, or Odanak, in
Department noted that pending the Quebec, Canada. The available evidence
SUMMARY: Pursuant to 25 CFR receipt of such a request, the 60-day demonstrates that these eight members
83.10(l)(2), notice is hereby given that response period, described in the descend from Simon Obomsawin, who
the Department of the Interior regulations, would close on October 13, once belonged to the St. Francis, or
(Department) declines to acknowledge 2006. On October 13, 2006, the response Odanak, Indian community, and who
the group known as the St. Francis/ period closed, without the Department can be traced to the historical
Sokoki Band of Abenakis of Vermont receiving a response from the petitioner. Missisquoi Abenaki Indian tribe through
(SSA), P.O. Box 276, Swanton, Vermont During the comment period, the lists of Indians belonging to St. Francis,
05488, c/o Ms. April Merrill, as an petitioner, several individuals or Odanak. The available evidence does
Indian tribe within the meaning of associated with the petitioner, and an not demonstrate that these eight
Federal law. This notice is based on a informed party submitted materials to members were associated with the SSA
determination that the petitioner does the Department. During both the petitioner before the 1990’s.
not satisfy four of the seven mandatory original comment period and the Furthermore, the available evidence
criteria for acknowledgment, extended comment period, the does not demonstrate that the other
specifically 83.7(a), 83.7(b), 83.7(c), and petitioner did not submit critical remaining 1,163 members, or their
83.7(e), as defined in 25 CFR part 83. materials that the PF requested. In claimed ancestors, descend from an
Consequently, the SSA petitioner does particular, the petitioner did not submit earlier Missisquoi Abenaki entity in
not meet the requirements for a any of the materials that would help the Vermont or any other historical Indian
government-to-government relationship tribe. Instead, the available evidence
petitioner establish descent from a
with the United States. indicates that the petitioner is a
historical Indian tribe. Overall, given
DATES: This determination is final and collection of individuals of claimed but
the petition’s deficiencies in meeting
will become effective 90 days from mostly undemonstrated Indian ancestry
criteria 83.7(a), (b), (c), and (e), together
publication of this notice in the Federal with little or no social or historical
with the explicit requests in the PF, the
Register on October 1, 2007 pursuant to connection with each other before the
petitioner’s comments were few in
section 83.10(l)(4), unless a request for early 1970’s.
number and did not substantively Criterion 83.7(a) requires that external
reconsideration is filed pursuant to address the PF. None of the material
section 83.11. observers identify the petitioner as an
submitted changed the conclusions of American Indian entity on a
ADDRESSES: Requests for a copy of the the PF. substantially continuous basis since
Summary Evaluation under the Criteria The SSA petitioner claims descend as 1900. The PF found that for the period
should be addressed to the Office of the a group mainly from a Western Abenaki from 1900 to 1975, no external observers
Assistant Secretary—Indian Affairs, Indian tribe, most specifically, the identified either the SSA petitioner
Attention: Office of Federal Missisquoi Indians. During the colonial group or a group of the petitioner’s
Acknowledgment, 1951 Constitution period (approximately 1600–1800), the ancestors as an American Indian entity
Avenue, NW., MS: 34B–SIB, Missisquoi Indians lived in on a substantially continuous basis.
Washington, DC 20240. northwestern Vermont, near the present- From 1976 afterward, however, the PF
FOR FURTHER INFORMATION CONTACT: R. day town of Swanton. The available found sufficient evidence that external
Lee Fleming, Director, Office of Federal evidence indicates that by 1800 the observers identified the petitioning
Acknowledgment, (202) 513–7650. disruption caused by colonial wars and group as an American Indian entity.
SUPPLEMENTARY INFORMATION: On non-Indian settlement had forced almost The Department received three sets of
November 9, 2005, the Department all the Western Abenakis in northern comments on the PF’s conclusions that
issued a proposed finding (PF) that the New England (including Vermont) to pertain to criterion 83.7(a). The
SSA petitioner was not an Indian tribe relocate to the Saint Francis River area petitioner submitted the first set of
within the meaning of Federal law of Quebec, Canada, and become part of comments using a DVD video
because the petitioner did not meet four the St. Francis, or Odanak, village of presentation entitled ‘‘Against the
of the seven mandatory criteria for Canadian Western Abenaki Indians. The Darkness’’ that contained two
Federal acknowledgment as an Indian petitioner, however, contends that its interviews discussing Indians in
tribe. The Department published a ancestors remained behind in Vermont in the 20th century. A second
notice of the PF in the Federal Register northwestern Vermont after 1800, or set of comments came from several
on November 17, 2005 (70 FR 69776). moved to Canada until it was ‘‘safe’’ to individuals associated with the
Publishing notice of the PF initiated a return. The petitioner also maintains petitioning group. A third set of
180-day comment period during which that its ancestors lived ‘‘underground,’’ comments came from an informed party
time the petitioner, interested and hiding their Indian identity to avoid who contested the PF’s analysis of a
informed parties, and the general drawing the attention of their non- document in a Vermont Eugenics
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public, could submit arguments and Indian neighbors, until the 1970’s. Some Survey ‘‘Pedigree’’ file compiled around
evidence to support or rebut the PF. of the available documentation indicates 1927 to 1930.
This initial comment period ended on that, over the course of the 19th century, None of the comments submitted
May 16, 2006. The petitioner requested a few of the group’s ancestors moved during the comment period supplied
that the Department extend the from various locations in Quebec, new evidence that an external observer

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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices 36023

identified the petitioner or an northwestern Vermont and the found, these documents might help
antecedent group before 1975 as an surrounding area from historical times describe Abenaki community in
American Indian entity. The two until the present. northwestern Vermont. These
interviews on the ‘‘Against the As comments, the petitioner speculations, however, cannot be
Darkness’’ video provide secondhand submitted a video presentation entitled verified and thus do not provide
accounts of Indian individuals living in, ‘‘Against the Darkness,’’ four essays that evidence for purposes of 83.7(b). The
or at least traveling through, Vermont in are principally about 20th century Department makes its decisions based
the first third of the 20th century. material culture, four Internet essays on available evidence. The informed
However, they are not first-hand entitled ‘‘Abenaki History,’’ an party also contested the PF’s
observations of American Indian entity, unannotated map, membership lists interpretation of an 1835 article from
and the evidence does not demonstrate from 1975 and 1983, and a collection of the Green Mountain Democrat
that the observed Indians were either meeting minutes from the 1970’s, newspaper. The PF noted several
the petitioner or an antecedent group. 1980’s, and 1990’s. An informed party problems with using this article as
The second set of documents contained also submitted comments on two 18th- evidence in support of criterion 83.7(b).
material that relates to the petitioner’s century document sets that are allegedly However, the informed party’s
activities after 1975. This material does ‘‘missing,’’ an 1835 newspaper article comments do not address those
not affect the FD because the PF from the Green Mountain Democrat, and problems, and the comments do not
concluded that the petitioner met the Vermont Eugenics Survey of the help the petitioner satisfy the criterion.
criterion 83.7(a) for the period following early 20th century. The informed party asserted that the
1975. The informed party’s comments The ‘‘Against the Darkness’’ video Vermont Eugenics Survey identified a
disputing the PF’s interpretation of the presentation and the four essays on few of the petitioner’s claimed ancestors
Vermont Eugenics Survey are plausible, material culture argued that the as Abenaki Indians. No party, however,
especially if further corroborating existence of woven baskets, a pocket submitted any additional
evidence were available. The informed watch on which the phrase ‘‘from documentation during the comment
party argued, without providing Abenaki tribe’’ was inscribed, a century- period to support this claim.
additional corroborating evidence, that old postcard of a ‘‘chief’’ in a canoe, and Based on the available record, the FD
‘‘the St. Francis Indians’’ identified in some handmade fish-spears concludes, as the PF did, that there is
the survey were a family in Vermont, as demonstrated the existence of an insufficient evidence to demonstrate
opposed to an Indian group in Canada, Abenaki community. The PF discussed that, at any point in time, a predominant
as the PF concluded. However, the the difficulties in inferring the existence portion of the petitioning group
informed party’s argument does not of a community from a few pieces of comprised a distinct community or has
satisfy criterion 83.7(a) because the material culture, and the FD concludes existed as a community from historical
Department does not accept references that these objects have unknown times until the present. Therefore, the
to individual Indian descendents or provenances and questionable relevancy petitioner does not meet criterion
Indian families as satisfactory evidence and do not demonstrate the existence of 83.7(b).
for criterion 83.7(a). a distinct community comprised of the Criterion 83.7(c) requires that the
The FD concludes, as the PF did, that petitioner or its ancestors. The available petitioner has maintained political
external observers identified the evidence does not show that the Internet influence or authority over its members
petitioner as an as Indian entity only essays discuss the petitioner’s ancestors. as an autonomous entity from historical
after 1975. The evidence does not The petitioner submitted an times until the present. The PF found,
demonstrate substantially continuous unannotated black and white map that based on the available evidence, that the
identification of the petitioner as an had numbers assigned to various petitioner did not meet criterion 83.7(c)
American Indian entity from 1900 to the houses; however, the materials did not at any point in time.
present; therefore, the petitioner does explain the meaning of the numbers, or The PF concluded that there was an
not meet the requirements of criterion what the numbers are supposed to Abenaki entity in or around
83.7(a). indicate. The map did not provide northwestern Vermont through the late
Criterion 83.7(b) requires that a evidence of a distinct community 18th century but that the available
predominant portion of the petitioning within Swanton consisting of the evidence did not show that the
group comprises a distinct community claimed ancestors of the group. petitioner’s ancestors had a historical
and has existed as a community from The membership lists from 1975 and connection to these Abenaki Indians.
historical times until the present. The 1983 and the meeting minutes from the The petitioner did not submit evidence
PF found, based on the available 1970’s, 1980’s, and 1990’s provide to demonstrate what its claimed
evidence, that the petitioner did not evidence that the group first created and ancestors were doing as a group from
meet criterion 83.7(b) at any point in organized itself in the 1970’s, and 1800 to 1875 to exercise political
time. The PF noted that much of the established its membership rules after influence or authority. For the period
available evidence from the 19th that period. They also show the group from 1875 to 1900, the petitioner named
century demonstrated that the Abenakis lacked a clear understanding of its an ancestor who provided food and
of northern Vermont left the state by membership or knowledge of who its clothes to children and another who
around 1800, rather than supporting the members were. Generally, the petitioner was a midwife, arguing that these two
petitioner’s claims about the existence was able to document some activities of ancestors served as informal community
of a 19th-century community. Based on the petitioner’s council and the Abenaki leaders. The PF concluded, however,
the available evidence, the PF Self-Help Association, Incorporated that these activities did not constitute
concluded that the petitioner is a (ASHAI), but did not document the an exercise of political authority, but
collection of individuals with little or existence of an interacting social encouraged the petitioner to investigate
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no social connection with each other community composed of its members. the activities of these individuals
before the early 1970’s. The PF also The informed party discussed two further. For the period from 1900 to
concluded that these claimed ancestors sets of 18th-century documents that are, 1975, the PF concluded the petitioner
did not maintain at least a minimal at present, not locatable or do not exist. presented little evidence demonstrating
distinction from the population of The informed party speculated that, if informal leadership among any group of

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36024 Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices

the petitioner’s claimed ancestors. For documents that are, at present, either Darkness’’ which makes the argument
the period since 1975, the PF noted the not locatable or do not exist; this party that seven generations of Abenaki
creation of the SSA as a political speculated that, if found, these Indians have survived in northern
organization. However, the PF documents might help describe Abenaki Vermont, from the late 18th century to
concluded that there was not sufficient leadership in northwestern Vermont. the present. However, ‘‘Against the
evidence showing widespread These speculations, however, cannot be Darkness’’ does not properly attribute its
participation by the group’s members in verified and thus do not provide alleged sources, thus effectively
these political processes; instead, the evidence for the purposes of criterion shielding the video’s evidence from
evidence suggested the ‘‘political 83.7(c). The Department makes its independent evaluation and
influence is limited to the actions of a decisions based on available evidence. verification. Furthermore, because it
few group members pursuing an agenda In sum, the commenting parties did not uses aliases and approximate birth dates
with little input from the membership’’ submit any evidence that allowed the for its subjects, the video presents no
(Abenaki PF 2005, 108). petitioner to satisfy the criterion. real genealogy that the Department can
In its comments on the FD, the Criterion 83.7(d) requires that the evaluate.
petitioner submitted an essay about a petitioning group submit a copy of the Several individuals associated with
souvenir postcard of a ‘‘chief’’ in a group’s present governing document the petitioning group submitted an
canoe, a set of photocopied treaty that includes its membership criteria. undated proposed amendment to the
documents, four Internet essays entitled The PF found that the petitioner State of Vermont’s bill regarding state
‘‘Abenaki History,’’ and a collection of satisfied criterion 83.7(d) by submitting recognition of the ‘‘Abenaki People.’’
meeting minutes from the 1970’s, a copy of its governing document that The proposed legislation states that,
1980’s, and 1990’s. Several individuals described the group’s membership ‘‘[a]t least 1,700 Vermonters claim to be
associated with the petitioner submitted criteria and current governing direct descendents of the several
several other pages of information, procedures. The Department received indigenous Native American peoples,
including two photographs and some no comments, from either the petitioner now known as Western Abenaki tribes.’’
Internet printouts. An informed party or any other party, on the PF’s The bill states that 1,700 unnamed
submitted several pages of comments conclusions under criterion 83.7(d). Vermonters claim to be direct
together with some photocopies of Therefore, based on the available descendents of ‘‘several indigenous
primary sources. evidence, the FD affirms the PF’s Native American peoples,’’ not that
The essay on the 100-year old conclusion that the petitioner meets 1,700 Vermonters are direct descendents
souvenir postcard of a ‘‘chief’’ in a criterion 83.7(d). of a specific Abenaki Indian tribe in
canoe does not provide evidence of Criterion 83.7(e) requires that the northwestern Vermont. An assertion
political influence for the petitioner petitioner’s membership consist of that is not supported by relevant
during this time, especially since the individuals who descend from a documentation, about the ancestry of a
petitioner did not include a name for historical Indian tribe or from historical group, by a contemporary state
him or describe any actions carried out Indian tribes that combined and legislature or other source, is not a form
under his leadership. The treaty functioned as a single autonomous of evidence that is acceptable to the
documents generally refer Indians in political entity. To satisfy this criterion, Secretary to meet the requirements of
non-specific, generic terms and do not the petitioner must (1) properly identify the regulations. More specifically, the
link the petitioner to any specific its current members, and (2) provide acknowledgment regulations in section
Abenaki Indians from northwestern evidence that those members descend 83.7(e)(1) generally expect ‘‘evidence
Vermont. The Internet essays support from a historical Indian tribe. The PF identifying present members or
the PF’s conclusions that there was an concluded that the petitioner did not ancestors of present members as being
Abenaki entity in or around northern properly identify its current members as descendents of a historical Indian
Vermont before 1800 that exercised required by the regulations because its tribe.’’ The assertion expressed in the
political authority. However, the membership list was incomplete and Vermont bill does not identify present
available evidence does not show that was not certified by the group’s members or name the ancestors of the
the Internet essays discuss the governing body. The PF also concluded ‘‘1,700 Vermonters.’’ It only asserts that
petitioner’s ancestors. The meeting that although the petitioner claimed at least 1,700 unnamed, unspecified
minutes that the petitioner submitted descent from the historical ‘‘Western Vermonters ‘‘claim’’ to descend from
show that a small number of the Abenaki’’ Indian tribe, the petitioner did ‘‘several indigenous Native American
petitioner’s members engaged in not document descent from that peoples.’’
political activity and that the rest of the historical Indian tribe or any other An informed party claimed that two
claimed members had little or no historical Indian tribe, except possibly ‘‘missing’’ document sets from the late
awareness of or participation in the for the eight members mentioned above. 18th century might provide names of
council’s actions. Thus, the group’s On November 1, 2005, just before the specific historical Abenaki Indians from
leaders were not interacting bilaterally November 9, 2005, issuance of the PF, whom the petitioner can claim descent.
with the group’s members. The the Department received a submission There is no reason to believe that the
submission from the individuals from the petitioner that properly two alleged ‘‘missing’’ document sets
associated with the petitioner included certified the petitioner’s 2005 from the late 18th century would
a letter referring to oral tradition membership list. The Department demonstrate that the petitioner’s
materials, but during an extended evaluated this list for the PF, despite its membership descends from a historical
comment period, the individuals did not being certified. This submission Indian tribe. The informed party’s
not submit these materials, and their arrived too late to evaluate in the PF. speculations cannot be verified and thus
comments generally lacked supporting Instead, the Department’s FD notes that do not provide evidence for the
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documentation and explanation of the the petitioner’s current membership list purposes of 83.7(e), and the Department
political processes of the petitioner as has been properly certified. makes its decisions based on available
defined under criterion 83.7(c). During the comment period, the evidence.
Comments from the informed party petitioner submitted a copy of the video The petitioner did certify its current
discussed two sets of 18th-century presentation entitled ‘‘Against the membership list; however, neither the

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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices 36025

petitioner nor any other party submitted DEPARTMENT OF THE INTERIOR area. Specific locations, dates, and times
new evidence that demonstrates that the will be announced in local media and
group’s membership descends from a National Park Service on the PEPC Web site. If you wish to
historical Indian tribe. The FD affirms comment, you may submit your
Notice of Intent To Prepare a Draft comments by any one of several
the PF’s conclusion that the petitioner
Environmental Impact Statement (EIS) methods. You may mail comments to:
did not meet criterion 83.7(e).
for the Special Resource Study (SRS) Tim Bemisderfer, Battle of Franklin
Criterion 83.7(f) requires that the for Sites Related to the Civil War Battle SRS, NPS Southeast Regional Office,
membership of the petitioning group be of Franklin, Near Franklin, Tennessee Planning and Compliance Division, 100
composed principally of persons who Alabama Street, 6th Floor 1924
are not members of any acknowledged SUMMARY: Pursuant to section 102(2)(C)
of the National Environmental Policy Building, Atlanta, Georgia 30303. You
North American Indian tribe. A review may also comment via the Internet to
of the available documentation for the Act of 1969 and National Park Service
policy in Director’s Order 2 (Park http://parkplanning.nps.gov/sero.
PF and the FD shows that the SSA Please submit Internet comments as a
Planning) and Director’s Order 12
petitioner is composed principally of plain text file, avoiding the use of
(Conservation Planning, Environmental
persons who are not members of any Impact Analysis, and Decision-making) special characters and any form of
acknowledged North American Indian the National Park Service (NPS) will encryption. Please also include your
tribe. Therefore, the petitioner meets the prepare an EIS for the SRS for sites name and return address in your
requirements of criterion 83.7(f). related to the Civil War Battle of Internet message. If you do not receive
Criterion 83.7(g) requires that neither Franklin (BoF) located in Franklin, a confirmation from the system that we
the petitioner nor its members be the Tennessee. The statement will assess have received your Internet message,
subject of congressional legislation that potential environmental impacts contact us directly at 404–562–3124,
has expressly terminated or forbidden associated with various types and levels extension 693.
the Federal relationship. The available of visitor use and resources management Before including your address, phone
for sites related to the BoF. number, e-mail address, or other
documentation for the PF and the FD
The authority for publishing this personal identifying information in your
provided no evidence that the
notice is contained in 40 CFR 1506.6 comment, you should be aware that
petitioning group was the subject of your entire comment—including your
congressional legislation to terminate or which prescribes the regulations for
implementing the provisions of the personal identifying information—may
prohibit a Federal relationship as an be made publicly available at any time.
Indian tribe. Therefore, the petitioner National Environmental Policy Act. The
process by which the Secretary of the While you can ask us in your comment
meets the requirements of criterion to withhold your personal identifying
Interior will conduct SRSs is contained
83.7(g). information from public review, we
in 16 U.S.C. 1a–5.
A report summarizing the evidence, New areas are typically added to the cannot guarantee that we will be able to
reasoning, and analyses that are the National Park System by an Act of do so. We will always make
bases for the FD will be provided to the Congress. The National Park Service is submissions from organizations or
petitioner and interested parties, and is often tasked by Congress to evaluate businesses, and from individuals
available to other parties upon written potential new areas for compliance with identifying themselves as
request. the established criteria for designation. representatives of or officials of
The NPS documents its findings in a organizations or businesses, available
After the publication of notice of the for public inspection in their entirety.
FD, the petitioner or any interested SRS Report. On December 1, 2005,
Congress passed the Franklin National DATES: Locations, dates, and times of
party may file a request for
Battlefield Study Act (Pub. L. 109–120) public meetings will be published in
reconsideration with the Interior Board
directing the Secretary of the Interior to local newspapers and may also be
of Indian Appeals (IBIA) under the obtained by contracting the NPS
conduct a SRS for certain sites in
procedures set forth in section 83.11 of Tennessee including the cities of Southeast Regional Office, Planning and
the regulations. The IBIA must receive Brentwood, Franklin, Triune, Compliance Division. This information
this request no later than 90 days after Thompson Station, and Spring Hill, will also be published on the PEPC Web
the publication of the FD in the Federal Tennessee. site.
Register. The FD will become effective The NPS is currently accepting ADDRESSES: Tim Bemisderfer, Battle of
as provided in the regulations 90 days comments from interested parties on Franklin SRS, NPS Southeast Regional
from the Federal Register publication, issues, concerns, and suggestions Office, Planning and Compliance
unless a request for reconsideration is pertinent to the BoF. Suggestions and Division, 100 Alabama Street, 6th Floor
received within that time. ideas for managing the cultural and 1924 Building, Atlanta, Georgia 30303.
Dated: June 22, 2007. natural resources associated with the Telephone: 404–562–3124 extension
BoF are encouraged. Comments may be 693.
Carl J. Artman,
submitted in writing to the address
Assistant Secretary—Indian Affairs. listed at the end of this notice or FOR FURTHER INFORMATION CONTACT: Tim
[FR Doc. E7–12727 Filed 6–29–07; 8:45 am] through the NPS Planning, Bemisderfer, Battle of Franklin SRS,
BILLING CODE 4310–G1–P Environment, and Public Comment NPS Southeast Regional Office,
(PEPC) Web site at http:// Planning and Compliance Division, 100
parkplanning.nps.gov. The NPS will Alabama Street, 6th Floor 1924
publish periodic newsletters on the Building, Atlanta, Georgia 30303.
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PEPC Web site to present scoping issues Telephone: 404–562–3124 extension


and preliminary management concepts 693.
to the public as they are developed. SUPPLEMENTARY INFORMATION: The Draft
Public meetings to present management and Final SRS and EIS will be made
concepts will be conducted in the local available to all known interested parties

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