[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Notices]
[Pages 54506-54507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26158]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Proposed Finding Against Federal Acknowledgment of the Yuchi 
Tribal Organization

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 Yuchi 
Tribal Organization, c/o Melvin George, P.O. Box 1990, Sapulpa, 
Oklahoma 74067, exists as an Indian tribe within the meaning of Federal 
law. This notice is based on a determination that the Yuchi Tribal 
Organization does not meet one of the seven mandatory criteria set 
forth in 25 CFR 83.7, specifically, criterion 83.7(f). Therefore, the 
Yuchi Tribal Organization 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(1), 
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 
within 180 calendar days from the date of publication of this notice.

ADDRESSES: Comments on the proposed finding and/or requests for a copy 
of the report summarizing the evidence, reasoning, and analyses that 
are the basis for the proposed decision 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.
    This proposed finding against acknowledgment of the Yuchi Tribal 
Organization has been prepared under section 83.10(e) of the 
acknowledgment regulations. Section 83.10(e) provides for an expedited 
finding on a single criterion where there is clear evidence, based on 
the preliminary review, that the petitioner could not meet the 
requirements of criteria 83.7 (e), (f), or (g).
    There was clear evidence, based on the preliminary technical 
assistance review, that the Yuchi Tribal Organization did not meet the 
criterion in section 83.7(f). Section 83.7(f), in brief, requires that 
a petitioner not be principally composed of members of another, already 
acknowledged tribe. This section also describes conditions which would 
provide for an exception to this requirement in rare instances. The 
conditions are that the group must establish that it has functioned 
throughout history until the present as a separate and autonomous 
Indian tribal entity, that its members do not maintain a bilateral 
political relationship with an acknowledged tribe, and that its members 
have provided written confirmation of their membership in the 
petitioning group.
    The requirement to not be maintaining a bilateral political 
relationship with a recognized tribe and to have historically been a 
separate and autonomous Indian tribal entity embody the intent of the 
regulations to only acknowledge as tribes groups that are in fact 
politically autonomous of other Indian tribes. In so doing, criterion 
(f) ``allows for acknowledgment of rare cases where the petitioner has 
been regarded, erroneously, as part of or associated with another 
tribe, but has been a separate, autonomous group throughout history,'' 
while the criterion ``prohibits use of the regulations to acknowledge 
portions of already recognized tribes'' (59 FR 9289).
    The membership roll of the Yuchi Tribal Organization contains 165 
names. Of these individuals, 151, or 92 percent, were confirmed to be 
members of the Muscogee Creek Nation of Oklahoma, a federally 
recognized tribe. Thus, they are principally members of a recognized 
tribe.
    The Yuchi Tribal Organization members did not meet the requirements 
for an exception to 83.7(f). Members of the Yuchi Tribal Organization, 
including its leaders, have consistently participated in the political 
process of the Muscogee Creek Nation of Oklahoma from 1962 to the 
present. The group is, therefore, not autonomous within the meaning of 
the regulations. The conditions of enrollment in the Muscogee Creek 
Nation require affirmative consent by the enrolled as well as specific 
action by the Citizenship Board, an independent commission within the 
Muscogee Creek Nation government. This roll, therefore, demonstrates a 
bilateral political relationship between those enrolled and the 
Muscogee Creek Nation. Finally, almost none of the members of the Yuchi 
Tribal Organization have provided written confirmation that they 
consent to be members of the Yuchi Tribal Organization.
    Based on these factual determinations, we conclude that the Yuchi 
Tribal Organization does not meet the requirements of criterion 83.7(f) 
and 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 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. Commenters may comment on any aspect of the finding or the 
history and character of the Yuchi Tribal Organization. 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, 

[[Page 54507]]
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 time frame 
for preparation of the final determination and notify the petitioner 
and interested parties of the date such consideration begins 
(83.10(1)). 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 rebutting or supporting the proposed finding begins, as 
provided in 25 CFR 83.10(l)(2).

    Dated: October 6, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-26158 Filed 10-23-95; 8:45 am]
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