[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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