[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Pages 45864-45866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23018]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Final Determination To Acknowledge the Snoqualmie Tribal 
Organization

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of final determination.

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SUMMARY: This notice is published in the exercise of authority 
delegated to the Assistant Secretary--Indian Affairs (Assistant 
Secretary) by 209 DM 8.
    Pursuant to 25 CFR 83.10(m), notice is hereby given that the 
Assistant Secretary acknowledges that the Snoqualmie Tribal 
Organization, c/o Andy de los Angeles, 3946 Tolt Avenue, P.O. Box 280, 
Carnation, Washington 98014, exists as an Indian tribe within the 
meaning of Federal law. This notice is based on a determination that 
the group satisfies all seven criteria for acknowledgment in 25 CFR 
83.7, as modified by 25 CFR 83.8.

DATES: This determination is final and is effective November 28, 1997 
pursuant to 25 CFR 83.10(l)(4), unless a request for reconsideration is 
filed with the Interior Board of Indian Appeals pursuant to 25 CFR 
83.11.

SUPPLEMENTARY INFORMATION: The Assistant Secretary's proposed finding 
to acknowledge the Snoqualmie Tribal Organization (STO) was published 
in the Federal Register on May 6, 1993. The proposed finding was 
prepared under the 1978 acknowledgment regulations. This final 
determination is made under revised acknowledgment regulations which 
became effective March 28, 1994, during the comment period on the 
proposed finding.
    The original comment period was suspended until March 31, 1994, 
when documentary materials that were used for the proposed finding were 
provided to the Tulalip Tribes. The 180-day comment period provided 
under the 1994 regulations ended September 27, 1994. The Snoqualmie 
Tribal Organization was given until September 9, 1995, to respond under 
section 83.10(k) to third party comments. The extended period was 
granted because of the voluminous nature of the comments submitted by 
the Tulalip Tribes and because of the extended period of time that 
third parties had to comment on the proposed finding.
    Third party comments were received on September 27, 1994, in 
opposition to acknowledgment from the Tulalip Tribes, Inc., and from 
Les Wahl and Dorothy Cohn, members of a separate petitioner called the 
Snoqualmoo tribe. Comments were received from the Snoqualmie Tribal 
Organization on September 5, 1995.
    This final determination is based on the documentary and interview 
evidence which formed the basis for the proposed finding and an 
analysis of the information and argument received in response to the 
proposed finding. Additional factual conclusions were reached after a 
review and reanalysis of the existing record in light of the additional 
evidence.
    The 1994 regulations required an evaluation of whether the 
Snoqualmie were a previously acknowledged tribe within the meaning of 
the regulations. Because it has been determined that the Snoqualmie 
Tribal Organization meets the definition of unambiguous previous 
Federal acknowledgment in section 83.1, it has been evaluated under 
modified requirements provided in section 83.8 of the regulations. 
Conclusions concerning previous acknowledgment under 83.8 are solely 
for the purposes of a determination of previous acknowledgment under 25 
CFR 83, and are not intended to reflect conclusions concerning 
successorship in interest to a particular treaty or other rights.

[[Page 45865]]

    Although the 1978 regulations made no provision for taking into 
account unambiguous previous Federal acknowledgment, the proposed 
finding made detailed factual conclusions that the STO had been 
previously treated as an acknowledged tribe.
    Substantial evidence showed that the Snoqualmie Tribal Organization 
had unambiguous previous Federal acknowledgment under 25 CFR 83.8 until 
January 1953. The Snoqualmie tribe was acknowledged by the Treaty of 
Point Elliott in 1855 and continued to be acknowledged after that 
point. The Snoqualmie Tribal Organization was acknowledged as a 
separate, nonreservation tribal entity by 1934. There were multiple, 
consistent Federal dealings with the non-reservation Snoqualmie Band 
between 1934 and January 1953 which treated it as a recognized tribe 
under the jurisdiction of the Federal Government. Evidence includes 
consistent identification in Indian agency documents which clearly 
identified the tribes under the jurisdiction of the Western Washington 
Agency as well as in other Federal documents. Agency and central office 
documents describe and characterize the STO as a tribe and distinguish 
it from voluntary organizations created for claims. Between 1937 and 
1944, agency and central office officials developed plans to provide a 
reservation for the band under the 1934 Indian Reorganization Act.
    Criterion 83.7(a), as modified by the application of section 83.8, 
requires external identification of the petitioner as an Indian entity 
from the date of last Federal acknowledgment. It also requires that 
this identification makes clear that the group is being identified as 
the same as the entity which had been previously Federally 
acknowledged.
    The requirement for 83.7(a) as modified by 83.8 is clearly met. The 
STO since 1953 has been identified in a variety of Federal records as 
well as other sources as the same entity as the group known as the 
Snoqualmie Band, or ``Jerry Kanim's Band,'' as it existed and was 
acknowledged before 1953. The Tulalip Tribes' 1994 comments do not 
dispute that the STO as identified in Federal records after 1953 up 
until the present is the same entity as was dealt with before that 
time.
    Under 83.8(d)(2), a demonstration of meeting the criterion for 
community is required only for the present day, or modern, community. 
Community need not be demonstrated from 1953, the last point of 
unambiguous Federal acknowledgment until the present day. Modern 
community has been defined for the proposed finding and final 
determination as 1981 to the present.
    The proposed finding's general conclusion that the modern community 
meets the requirements of criterion 83.7(b) is strengthened by 
additional evidence that family line groupings are widely recognized in 
both social and political contexts. The social recognition and 
definition of these family line groupings result from informal social 
interaction over an extended period of time and thus provide good 
evidence for community. Demonstration of political processes was also 
evidence for community in the proposed finding, which noted that 
significant, non-coercive political processes occurred among the 
Snoqualmie. These processes require and are based on the existence of 
social ties and communication to operate. Significantly stronger 
additional evidence which demonstrates political processes in the 
modern community exists for this final determination than for the 
proposed finding (see also criterion 83.7(c)). This additional evidence 
provides greater detail over a longer period of time about 
communication and social relationships as a basis for political 
processes and shows significant interaction and social ties between 
family line groupings.
    Evidence for community is found in significant cultural 
differences, particularly participation in Indian religions, which were 
maintained by a significant minority of the Snoqualmie membership, and 
were broadly distributed among family lines. The Snoqualmie do not 
occupy a distinct settlement area, but the geographic distribution of 
Snoqualmie members is close enough that a significant level of social 
interaction among most of the group is easily possible. The 
distribution is not close enough to raise any presumption of 
significant social interaction, but is close enough that it raises no 
question about conclusions, based on other evidence, that social 
interaction and social ties are being maintained. This final 
determination rejects comments from the Tulalip Tribes which asserted 
that a tribe could not exist without occupying a distinct, exclusive 
geographical area and without exercising the powers of a sovereign 
group. These arguments were rejected as requiring a more restrictive 
standard than is called for by the regulations and the legal precedents 
behind the regulations, as well as being contrary to the precedents 
established in applying the 1978 and 1994 regulations to previous 
cases.
    Criterion 83.7(b) requires that a petitioner show that its members 
are identified as distinct from non-members. The proposed finding 
concluded that although there were not strong social distinctions made 
by non-Indians, the Snoqualmie clearly met the requirements of the 
regulations concerning distinction, identifying themselves and being 
identified by outsiders as Snoqualmie. The STO membership requirement 
of \1/8\th degree Snoqualmie ancestry as it has been viewed and 
implemented by the leaders and membership embodies a significant social 
distinction from non-members as well as providing some evidence of 
community cohesion. A review of the comments on the proposed finding, 
along with the evidence and comments for the final determination, 
confirms these conclusions of the proposed finding. Distinction is also 
shown by the cultural differences described above.
    The STO meets the requirements of 83.7(b) as modified by 83.8(d) 
from 1981 to the present to demonstrate modern community.
    Substantial additional information which demonstrated political 
influence within the STO from 1953 to the present was presented for the 
final determination by the petitioner. The additional information 
confirmed and expanded the proposed finding's conclusion that from the 
1930's to 1956 Snoqualmie Chief Jerry Kanim had been a strong leader. 
Kanim's leadership provided the foundation and the reference point for 
subsequent leaders. The period before 1953 provides a context for 
interpreting continuity of political influence after Kanim's death, 
including the continued leadership of Ed Davis.
    This final determination revises the conclusion of the proposed 
finding that Snoqualmie political activity lessened for about a decade 
after 1956 because the Snoqualmie political system did not immediately 
adjust to the changed conditions of no longer being recognized and no 
longer having the strong leadership figure it had had for decades. 
While overall the level of political activity between 1956 and 1968 
declined, the degree of decline is less than appeared for the proposed 
finding and represents a natural process of change and response to 
external conditions, not a weakening of political authority per se. 
Some of the changes observed were the result of limitations due to 
changes in Federal policy and others were a manifestation of a 
political transition between generations which began in the early 
1940's and continued until the 1960's.
    The influence and activities of specific political leaders in the 
first decade after Kanim's death is

[[Page 45866]]

documented more strongly than for the proposed finding. There was 
direct, clear evidence, not available for the proposed finding, that Ed 
Davis, a key leader and ally of Jerry Kanim before his death, and a 
very influential leader in the 1970's and early 1980's, was also a key 
leader in the decade immediately after Jerry Kanim's death. In 
addition, the leadership cadre that was active after 1956 was 
considerably larger than the proposed finding indicated and their roles 
more clearly spelled out than had been possible for the proposed 
finding.
    The proposed finding concluded that fishing rights was a political 
issue of importance to a broad portion of the membership from 1953 to 
the present. It concluded that the STO activities in the decades before 
1953 showed fishing rights to be a strong political issue which formed 
the basis of the continued interest in fishing rights after 1953. The 
Tulalip Tribes challenged this finding, contending that fishing was 
only a claims issue and that there was little interest in fishing. A 
review of new and existing documentation strengthened the finding that 
this was a significant political issue to a broad spectrum of the 
membership within the STO both from the 1930's to 1953 and after 1953.
    Substantial additional demonstration of political processes, 
leadership and influence from 1968 to the present was made possible by 
the additional information submitted by the Snoqualmie and by the 
review and reanalysis of the existing record. This evidence 
demonstrates recurring political conflict over significant issues such 
as maintenance of tradition in the style of governance, the chairman's 
versus the council's role, and how to approach fishing rights. These 
conflicts involved the communication of issues broadly among the 
membership and the mobilization of community opinion. For this final 
determination, there is a stronger and more detailed demonstration, 
over a longer period of time, of the existence of family line groupings 
and their political role. There is a stronger and more detailed 
demonstration that important avenues of influence exist to bring 
forward candidates and establish support by mobilizing public opinion 
and political support.
    A prime conclusion of the proposed finding was that the general 
council (general meeting of the membership) exercised major political 
influence since at least the 1960's as final arbiter of political 
questions. It was the means by which political disputes were settled 
and the actions of the tribal council reviewed and ratified. There was 
some additional evidence to support this finding. This conclusion is 
therefore affirmed.
    The Tulalip Tribes presented extensive specific arguments together 
with documentary and affidavit evidence to support their fundamental 
argument that the STO was only a voluntary organization which was 
formed solely for the purposes of pursuing land and other claims 
against the Government. A careful review of their comments and evidence 
did not support their conclusion that the STO was an organization whose 
members had no connection with each other except to enroll to receive 
claims or that its issues were not of political importance to the 
membership. The STO meets the requirements of 83.7(c) as modified by 
83.8(d)(3).
    The Tulalip Tribe's comments do not specifically challenge the 
proposed finding that the STO membership is descended from the 
historical Snoqualmie tribe and therefore met the requirements of 
criterion 83.7(e). They did present extensive evidence to support an 
argument that the family lines within the STO represents an 
insignificant portion of the total number of historical Snoqualmie 
family lines. The Tulalip Tribes also argued that the STO only 
represents a small portion of the descendants of those lines that are 
included in its membership. This does not constitute an argument that 
criterion 83.7(e), descent from a historical tribe, has not been met. 
There is no requirement under the regulations that a petitioner be 
descended from most of the historical tribe. The present membership of 
the STO is descended from a large number of historical Snoqualmie 
families and thus meets the requirement to show descent as a tribe. The 
STO membership descends from the historical Snoqualmie tribe. The STO 
therefore meets criterion 83.7(e).
    The STO met criteria 83.7 (d), (f), and (g) for the proposed 
finding. Significant comment or evidence was not submitted to refute 
the finding concerning these criteria. Consequently, this final 
determination confirms that the STO meets these criteria.

    Dated: August 22, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-23018 Filed 8-28-97; 8:45 am]
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