[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Pages 33534-33535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16380]


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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs


Notice of Intent To Retract 1979 Decision of the Deputy 
Commissioner of Indian Affairs To Deal With the Delaware Tribe of 
Eastern Oklahoma Only for Claims Purposes

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed decision.

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SUMMARY: The Assistant Secretary--Indian Affairs has determined that 
the position of the Department of the Interior since 1979 with the 
Delaware Tribe of Eastern Oklahoma merits reconsideration. In 1979 the 
Bureau of Indian Affairs through the Acting Deputy Commissioner 
determined, by letter of May 24, 1979, that the Department of the 
Interior would engage in government-to-government relations with the 
Delaware Tribe only through the Cherokee Nation and that the Department 
would deal directly with the Delaware Tribe only for purposes of their 
claims against the United States. The Delaware Tribe of Eastern 
Oklahoma requested that the Assistant Secretary review the 1979 
determination.
    A comprehensive legal review conducted by the Division of Indian 
Affairs, Office of the Solicitor, concludes that the 1979 determination

[[Page 33535]]

did not consider the entire relevant legal record and did not construe 
accurately the provisions of the 1866 Treaty with the Delaware and the 
1867 Agreement between the Delaware and Cherokee. Based on this review, 
the Assistant Secretary has made a preliminary determination that the 
position of the Department stated in the 1979 letter should be 
retracted. Nothing in this preliminary decision should be construed as 
affecting allotments with federally imposed restrictions against 
alienation under the Act of August 4, 1947, 61 Stat. 731.

DATES: The public has until July 29, 1996 to comment on this 
preliminary decision.

FOR FURTHER INFORMATION CONTACT: Deborah Maddox, Director, Office of 
Tribal Services, (202) 208-3463.

SUPPLEMENTARY INFORMATION: This notice is published in the exercise of 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary--Indian Affairs (ASIA) by 209 DM 8. Comments on the 
preliminary decision and/or requests for a copy of the Associate 
Solicitor Memorandum of June 19, 1996, should be addressed to the 
Office of the Assistant Secretary--Indian Affairs, Bureau of Indian 
Affairs, 1849 C Street NW., Washington, DC 20242, Attention: Office of 
Tribal Services, Mail Stop 4603 MIB. The final decision of the 
Department will follow a review of the public comments.

    Dated: June 21, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16380 Filed 6-26-96; 8:45 am]
BILLING CODE 4310-02-P