[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Notices]
[Pages 38113-38115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18659]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Proposed Finding for Federal Acknowledgment of the Match-e-be-
nash-she-wish Band of Pottawatomi Indians of Michigan

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed finding.

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SUMMARY: Pursuant to 25 CFR 83.10(h), notice is hereby given that the 
Assistant Secretary--Indian Affairs (Assistant Secretary) proposes to 
acknowledge that the Match-e-be-nash-she-wish Band of Pottawatomi 
Indians of Michigan (MBPI), 112 W. Superior Street, Wayland, MI 49348, 
exists as an Indian tribe within the meaning of Federal law. This 
notice is based on the determination that the tribe satisfies all of 
the criteria set forth in 25 CFR 83.7 as modified by 25 CFR 83.8, and, 
therefore, meets the requirements for a government-to-government 
relationship with the United States.

DATES: As provided by 25 CFR 83.10(i), any individual or organization 
wishing to comment on the proposed finding may submit arguments and 
evidence to support or rebut the evidence relied upon. This material 
must be submitted within 180 calendar days from the date of publication 
of this notice. As stated in the regulations, 25 CFR 83.10(i), parties 
who submit arguments and evidence to the Assistant Secretary must also 
provide copies of their submissions to the petitioner.

ADDRESSES: Comments on the proposed finding and/or request for a copy 
of the report of evidence should be addressed to the Office of the 
Assistant Secretary, 1849 C Street, N.W., Washington, D.C. 20240, 
Attention: Branch of Acknowledgment and Research, MailStop 4603-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.
    The petitioner, formerly called the Gun Lake Band of Grand River 
Ottawa, consists of descendants from Match-e-be-nash-she-wish's 
Potawatomi band, which received a three-mile square reserve at 
Kalamazoo, Michigan, under the Treaty of 1821. The Band moved northward 
from Kalamazoo to its current location in Allegan County, Michigan, 
after the 1833 Treaty of Chicago. Because of its location as the 
northernmost of the Potawatomi bands in Michigan, it was incorporated 
for payment purposes with the Grand River Ottawa under the Compact of 
1838 following the 1836 Ottawa Treaty.
    The band was a signatory to the 1855 Treaty of Detroit. It received 
annuity payments under this and prior treaties until the final 
commutation payment in 1870. The petitioner thus meets the requirements 
of section 83.8 as having unambiguous previous Federal acknowledgment 
and has been considered under the modifications of section 83.7 that 
are prescribed by section 83.8. The date of the band's final annuity 
commutation payment, 1870, has been used as the date of the latest 
Federal acknowledgment for purposes of this finding to enable the 
petitioner to proceed under the provisions of section 83.8.
    Between 1870 and 1904, the petitioner's ancestors continued to 
reside on lands of the former Griswold Mission, which was referred to 
as an ``Indian Colony'' in the 1880 Federal census of Allegan County, 
Michigan. During 1883-1884, the former Griswold Reserve lands were 
allotted among the families, generating extensive court records which 
identified the community and its members. In 1900 and 1910, the Federal 
census enumerated the Allegan County settlement on the special Indian 
Population schedules.
    The 1904 Taggart Roll and the 1908 Durant Roll--rolls compiled by 
the Bureau of Indian Affairs (BIA) special agents to settle claims of 
Michigan's Potawatomi and Ottawa Indians, respectively--listed 
ancestors of the petitioner. From 1885 onward, the Methodist Church 
designated the church near Bradley on the former Griswold Reserve lands 
as an Indian mission. In 1917, a sister church of the petitioner was 
established at Salem in Allegan County, also designated as an Indian 
mission by the Methodist

[[Page 38114]]

Church. Annual mission reports to the Methodist Church have provided 
documentation on petitioner participation in mission activities from 
this period to the present. In 1939, the BIA's Holst Report on Indians 
in the Lower Peninsula of Michigan provided a summary description of 
the ``Bradley group consisting of 23 families.'' The 1941 WPA guide to 
the State of Michigan identified the Bradley settlement as an Indian 
entity.
    Numerous newspaper articles published from the early 1900's to the 
present have described the petitioner and their ancestors in Allegan 
County, Michigan, as a Potawatomi group or combined Potawatomi/Ottawa 
group. Some of these specified that the current group descends from the 
historical Match-e-be-nash-she-wish band. Therefore, we conclude that 
the petitioner meets criterion 83.7(a) as modified by criterion 
83.8(d).
    The petitioner presented evidence that more than 50 percent of the 
group had resided in a geographical area almost exclusively composed of 
band members from historical times up to 1920 and maintained consistent 
interaction with the remainder of the group. At least 50 percent of the 
band's members, including children and adults, were Potawatomi speakers 
from historical times up through early 1957. Since then, the members 
have come together in significant numbers, across all family lines, and 
have maintained a significant rate of informal social interaction. 
Thus, the petitioner meets the requirements of criterion 83.7(b) for 
community up to the present.
    Since World War II to the present, younger members of the group 
have moved away from the Bradley settlement area, a.k.a. the Griswold 
Colony, to nearby urban areas in search of housing and employment. The 
majority of the young emigrants relocated to Grand Rapids or Kalamazoo, 
both approximately 25 miles from the Bradley settlement. These 
emigrants and their offspring maintained close social and kinship ties 
with members still residing near Bradley. We conclude the petitioner 
meets criterion 83.7(b), as modified by section 83.8(d)(2), and that 
the petitioner demonstrates that it comprises a distinct community at 
present.
    From the early 1800's to at least 1904, traditional chiefs led the 
Band and were clearly identified by authoritative outside observers. 
The records of the BIA, the Methodist church, and Allegan County, 
Michigan, as well as the D.K. Foster papers, provided extensive 
documentation of the activities undertaken by the traditional chiefs on 
behalf of the band. This evidence, in conjunction with evidence under 
83.7(c)(iv) and 83.7(b)(2) is sufficient for the MBPI to meet 
83.8(d)(3) from the time of last Federal recognition to 1904.
    From 1904 to 1992, the leadership was closely associated with lay 
and ordained band ministers of the community's Methodist missions. The 
documentation submitted by the petitioner and consulted by the 
Government's researchers did not find continuous identification of 
these leaders by authoritative outside sources, at a level required by 
83.8(d)(3). However, in cases where a petitioner with prior unambiguous 
Federal acknowledgment does not submit evidence to demonstrate that the 
group meets the standards described under the expedited process for 
previously recognized tribes, they may alternatively demonstrate that 
they meet 83.7(c) using the forms of evidence described in that 
section. Under the revised Federal acknowledgment regulations which 
became effective March 28, 1994, the presumption is made under 
83.7(c)(3) that at any period during which the petitioner can show 
sufficient evidence to meet criterion 83.7(b)(2), they also meet 
criterion 83.7(c). As the petitioner meets criterion 83.7(b) with 
sufficient evidence through 1957, under 83.7(3), it also meets 
criterion 83.7(c) until 1957. Also, the petitioner submitted 
substantial evidence concerning the actual leadership activities of the 
lay ministers at Bradley and Salem missions for this period.
    From 1957 to 1992, the actual activities and leadership were 
analyzed to show that the MBPI meet 83.7(c), until 1992, when the group 
was formally incorporated with a council. Since then, the MBPI have 
made significant decisions and taken actions to buy land, organize 
their governing structures, and deal with certain social issues at a 
level that meets 83.7(c).
    The petitioning group has provided a copy of its governing 
document, which describes its membership criteria. Thus, we conclude 
that the petitioner meets criterion 83.7(d).
    All band members listed on the October 20, 1994 roll are of 
Michigan Potawatomi ancestry and descend from persons listed on the 
1904 Taggart Roll. All band members listed on the 1994 roll meet the 
petitioner's constitutional membership qualifications. We conclude that 
the petitioner meets criterion 83.7(e).
    One hundred twenty-six persons who previously were carried on the 
Huron Potawatomi, Inc. membership roll committed themselves to the 
Match-e-be-nash-she-wish petitioner in writing in October, 1994, and 
withdrew from the Huron Potawatomi, Inc. prior to the effective date of 
Huron Potawatomi, Inc.'s Federal acknowledgment. Accordingly, the 
MBPI's membership is composed primarily of persons who are not members 
of any acknowledged North American tribe. Therefore, we conclude that 
the petitioner meets criterion 83.7(f).
    No evidence was found that the petitioner or its members are the 
subject of congressional legislation which has expressly terminated or 
forbidden the Federal relationship. Therefore, we find that the 
petitioner meets criterion 83.7(g).
    Based on this preliminary factual determination, we conclude that 
the Match-e-be-nash-she-wish Band of Pottawatomi Indians should 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, N.W., 
Washington, D.C. 20240, Attention: Branch of Acknowledgment and 
Research, MailStop 4603-MIB. Third parties must also 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 comments are received during the regular response 
period, the petitioner shall have a minimum of 60 days to respond to 
these comments.

[[Page 38115]]

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 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. The Assistant Secretary may conduct any 
necessary additional research and may request additional information 
from the petitioner and third parties. 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: June 23, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-18659 Filed 7-15-97; 8:45 am]
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