[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Pages 36415-36416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12775]



Bureau of Indian Affairs


Phase I Negative Proposed Finding on the Fernande[ntilde]o 
Tataviam Band of Mission Indians

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Proposed Finding.


SUMMARY: The Office of Federal Acknowledgment (OFA) within the Office 
of the Assistant Secretary--Indian Affairs (AS-IA) within the 
Department of the Interior (Department) hereby provides notice that OFA 
has issued a Phase I negative Proposed Finding (PF) in response to the 
petition it received from the group known as the Fernande[ntilde]o 
Tataviam Band of Mission Indians (FTB), headquartered in San Fernando, 
California. The petitioner seeks Federal acknowledgment as an Indian 
Tribe under the Department's regulations. The OFA has found that FTB 
meets only three of the four mandatory criteria reviewed under the 
Phase I review, as defined by the regulations.

DATES: Comments on this Phase I negative PF are due on or before 
October 14, 2020.

ADDRESSES: Please address comments on the PF to the Department of the 
Interior, Office of the Assistant Secretary--Indian Affairs, Attn: 
Office of Federal Acknowledgment, 1849 C Street NW, MS-4071 MIB, 
Washington, DC 20240.
    Any individuals or entities that make submissions to OFA must also 
provide copies of their comments and evidence to the petitioner at 
Fernande[ntilde]o Band of Mission Indians c/o Rudy Ortega, Jr., 1019 
Second Street, #1, San Fernando, California 91340. Electronic copies of 
the PF, as well as other related documents, are available on OFA's 
website (www.bia.gov/as-ia/ofa).

FOR FURTHER INFORMATION CONTACT: R. Lee Fleming, Director, Office of 
Federal Acknowledgment, (202) 513-7650; [email protected].

SUPPLEMENTARY INFORMATION: The OFA publishes this notice pursuant to 
Sec.  83.34 of the Department's Federal acknowledgment regulations at 
25 CFR part 83 (which became effective July 31, 2015), ``Procedures for 
Federal Acknowledgement of Indian Tribes.''
    The Department's regulations under 25 CFR part 83 establish the 
procedures and criteria by which a group may seek Federal 
acknowledgment as an Indian Tribe, establishing a government-to-
government relationship with the United States. To obtain Federal 
acknowledgment by the United States under Sec.  83.5, the petitioner 
must submit evidence documenting that the group meets criteria Sec.  
83.11(a) Indian entity identification, (d) Governing document, (e) 
Descent, (f) Unique membership, and (g) Congressional termination and 
must either:
     Demonstrate previous Federal acknowledgment under Sec.  
83.12(a) and meet the requirements of Sec.  83.12(b); or
     Meet criteria Sec.  83.11(b) Community and (c) Political 
    Section 83.26 describes the two phases of the process for reviewing 
the criteria in Sec.  83.11. During the Phase I review, OFA determines 
if the petitioner meets criteria Sec.  83.11(d), (e), (f), and (g). 
Based on the evidence submitted by FTB and evidence Departmental staff 
obtained through its verification and evaluation process, OFA has found 
that FTB meets only three of the four mandatory criteria under the 
Phase I review: Criteria Sec.  83.11(d), (f), and (g). FTB does not 
meet criterion Sec.  83.11(e). Therefore, OFA has issued a negative PF, 
which contains a summary of the evidence, reasoning, and analyses that 
are the basis for the PF.
    Under Sec.  83.34(a), OFA will provide copies of the Phase I 
negative PF and any supporting reports to the petitioner.

[[Page 36416]]

This provision also requires OFA to provide copies of the PF and any 
supporting reports to individuals and entities listed in Sec.  
    Under Sec.  83.34(b), OFA will publish the PF and any supporting 
reports on its website at https://www.bia.gov/as-ia/ofa. Requests for a 
copy of PF should be addressed to the Federal Government as instructed 
in the ADDRESSES section of this notice.
    Publication of this notice of the PF in the Federal Register 
initiates a 120-day comment period. During this comment period, the 
petitioner or any individual or entity may submit comments and evidence 
to OFA to rebut or support the PF, pursuant to Sec.  83.35(a). Copies 
of comments on the PF submitted to OFA should also be provided to the 
petitioner, as required by Sec.  83.35(b) and as instructed in the 
ADDRESSES section of this notice by the date listed in the DATES 
section of this notice.
    If OFA receives comments on this PF, then the petitioner will have 
60 days to submit a written response to those comments, with citations 
to and explanations of supporting evidence, and the supporting evidence 
cited and explained in the response, pursuant to Sec.  83.37. After the 
expiration of that comment period, the petitioner will have 60 days to 
elect to challenge the PF before an administrative law judge, as 
outlined in Sec. Sec.  83.38 through 83.39.
    A petitioner can withdraw its documented petition at any point in 
the process, but the petition will be placed at the end of the numbered 
register of documented petitions upon resubmission and may not regain 
its initial priority number, pursuant to Sec.  83.30.
    The Director of the Office of Federal Acknowledgment R. Lee Fleming 
approved the issuance of OFA's Phase I negative PF.

Robert Fleming,
Director, Office of Federal Acknowledgment.
[FR Doc. 2020-12775 Filed 6-15-20; 8:45 am]