Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 15337 

IBIA must receive this request no later 

than 90 days after the publication of the 

FD in the Federal Register. The FD will 

become effective as provided in the 

regulations 90 days from the Federal 

Register publication unless a request for 

reconsideration is received within that 

time. 

Dated: March 15, 2011. 

Larry Echo Hawk, 

Assistant Secretary–Indian Affairs. 

[FR Doc. 2011–6472 Filed 3–18–11; 8:45 am] 

BILLING CODE 4310–G1–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Final Determination Against 

Acknowledgment of the Juanen ̃o Band 

of Mission Indians, Acjachemen Nation 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Final Determination. 

SUMMARY: The Department of the 

Interior (Department) gives notice that 

the Assistant Secretary-Indian Affairs 

(AS–IA) has determined the petitioner 

known as the Juanen ̃ o Band of Mission 

Indians, Acjachemen Nation, is not an 

Indian tribe within the meaning of 

Federal law. This notice is based on a 

determination that the petitioner does 

not satisfy all seven of the criteria set 

forth in the applicable regulations, and 

therefore, does not meet the 

requirements for a government-togovernment relationship with the 

United States. 

DATES: This determination is final and 

will become effective 90 days from 

publication of this notice in the Federal 

Register on June 20, 2011, unless the 

petitioner or an interested party files 

within 90 days a request for 

reconsideration before the Interior 

Board of Indian Appeals pursuant to 25 

CFR 83.11. 

ADDRESSES: Requests for a copy of the 

final determination that includes the 

summary evaluation under the criteria 

should be addressed to the Office of the 

Assistant Secretary-Indian Affairs, 

Attention: Office of Federal 

Acknowledgment, 1951 Constitution 

Avenue, NW., MS: 34B–SIB, 

Washington, DC 20240, and is available 

at http://www.bia.gov/WhoWeAre/ASIA/OFA/RecentCases/index.htm. 

FOR FURTHER INFORMATION CONTACT: R. 

Lee Fleming, Director, Office of Federal 

Acknowledgment, (202) 513–7650. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 25 CFR 83.10(h), the Department 

publishes this notice that the Juanen ̃o 

Band of Mission Indians, Acjachemen 

Nation (JBA), Petitioner #84A, is not an 

Indian tribe within the meaning of 

Federal law. The Department issued a 

proposed finding (PF) to decline to 

acknowledge the petitioner on 

November 23, 2007, and published 

notice of that preliminary determination 

in the Federal Register on December 3, 

2007. This final determination (FD) 

affirms the PF that the Juanen ̃ o Band of 

Mission Indians, Acjachemen Nation 

(JBA), c/o Anthony Rivera, Jr., 31411–A 

La Matanza Street, San Juan Capistrano, 

California 92675–2674, does not satisfy 

all seven of the criteria set forth in part 

83 of title 25 of the Code of Federal 

Regulations (25 CFR part 83), 

specifically criteria at 83.7(a), 83.7(b), 

83.7(c), and 83.7(e), and therefore does 

not meet the requirements for a 

government-to-government relationship 

with the United States. 

The acknowledgment process is based 

on the regulations at 25 CFR part 83. 

Under these regulations, the petitioner 

has the burden to present evidence that 

it meets the seven mandatory criteria in 

section 83.7. The JBA petitioner does 

not satisfy criteria 83.7(a), 83.7(b), 

83.7(c), and 83.7(e). The JBA petitioner 

meets the requirements of criteria 

83.7(d), 83.7(f), and 83.7(g). 

Criterion 83.7(a) requires that external 

observers have identified the petitioner 

as an American Indian entity on a 

substantially continuous basis since 

1900. The evidence in the record does 

not demonstrate that external observers 

identified the petitioner, or a group from 

which the petitioner evolved, as an 

American Indian entity on a 

substantially continuous basis from 

1900 to 1997. There are identifications 

of the JBA petitioner as an American 

Indian entity between 1997 and 2005. 

Because the petitioner, or a group from 

which the petitioner has evolved, has 

not been identified as an American 

Indian entity on a substantially 

continuous basis since 1900, the 

petitioner does not meet the 

requirements of criterion 83.7(a). 

Criterion 83.7(b) requires that a 

predominant portion of the petitioning 

group has comprised a distinct 

community from historical times to the 

present. The evidence in the record 

demonstrates that the JBA petitioner did 

not evolve from the historical SJC 

Indian tribe as a distinct community. 

The FD concludes that evidence in the 

record indicates that a community of 

SJC Indians persisted around and at the 

former SJC Mission until 1862, when a 

smallpox epidemic killed almost half 

the estimated Indian population (88 of 

200) in a period of less than 3 months. 

No evidence in the record indicates that 

the community was able to recover from 

this event. The petitioner, as it is 

currently constituted, consists of 

members whose ancestors functioned as 

part of the general population of SJC 

residents since the mid-19th century. 

There is no evidence in the record that 

the petitioner’s SJC Indian ancestors 

were distinct within this community 

after 1862, or were part of an Indian 

entity that evolved from the SJC Indian 

tribe in 1834; rather they appear to have 

been Indian individuals who became 

absorbed into the general, ethnicallymixed population of Old Mexican/ 

Californio families, as well as with nonSJC Indians who moved to the town 

prior to 1900. The totality of the 

evidence does not demonstrate that the 

petitioner’s mid-19th century ancestors 

formed a distinct SJC Indian community 

within a larger Spanish-speaking, 

Catholic, Old Mexican/Californio 

community after 1862, nor does it 

demonstrate that the petitioner’s SJC 

Indian ancestors formed a distinct 

community from which the current JBA 

petitioner evolved since 1862. 

Therefore, the JBA petitioner does not 

meet the requirements of criterion 

83.7(b). 

Criterion 83.7(c) requires that the 

petitioning group has maintained 

political influence over its members as 

an autonomous entity from historical 

times to the present. The evidence 

submitted for the FD, in combination 

with the evidence already in the record 

for the PF, is insufficient to satisfy the 

requirements of criterion 83.7(c) for any 

time from 1835 to the present. The 

petitioner’s comments on the PF did not 

provide evidence sufficient to satisfy the 

requirements of criterion 83.7(c) and 

new documents related to Clarence 

Lobo’s leadership between the late 

1940s and 1965 provided little 

information on the political 

composition of the group or a bilateral 

relationship between leaders and 

members. Third party comments 

included in the record largely agree 

with the conclusions reached in the PF, 

and the responses offered by the 

petitioner provide little new 

information regarding the political 

authority and influence in the group 

over time. After 1834, there is 

insufficient evidence that there were 

any internal processes or other 

mechanisms that the group used as a 

means of influencing or controlling the 

behavior of its members in significant 

respects, or made decisions for the 

group which substantially affected its 

members, or represented the group in 

dealing with outsiders in matters of 

consequence. Therefore, the petitioner 

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15338 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 

does not meet the requirements of 

criterion 83.7(c). 

Criterion 83.7(d) requires that the 

petitioner provide a copy of its 

governing document including its 

membership criteria. The petitioner 

submitted a copy of its governing 

document which includes its 

membership criteria. Therefore, the JBA 

petitioner meets the requirements of 

criterion 83.7(d). 

Criterion 83.7(e) requires that the 

petitioner’s members descend from a 

historical Indian tribe or from historical 

Indian tribes which combined and 

functioned as a single autonomous 

political entity. The March 12, 2009, 

JBA membership list includes 1,940 

living members, both adults and minors. 

The evidence in the record indicates 

that all of the petitioner’s members 

claim descent from individuals who 

were members of the historical Indian 

tribe at SJC Mission as it existed 

between 1776 and 1834. However, the 

FD finds that only 61 percent (1,182 of 

1,940) of JBA members have 

demonstrated such descent. The 

petitioner has not demonstrated for this 

FD that its members descend from an 

historical Indian tribe. Therefore, the 

JBA petitioner does not meet the 

requirements of criterion 83.7(e). 

Criterion 83.7(f) requires that the 

petitioner’s membership be composed 

principally of persons who are not 

members of another federally 

recognized Indian tribe. A review of the 

membership rolls of those Indian tribes 

in California that would most likely 

include the JBA petitioner’s members 

revealed that the petitioner’s 

membership is composed principally of 

persons who are not members of any 

federally acknowledged North American 

Indian tribe. Therefore, the JBA 

petitioner meets the requirements of 

criterion 83.7(f). 

Criterion 83.7(g) requires that the 

petitioner not be subject to 

congressional legislation that has 

terminated or forbidden the Federal 

relationship. A review of the available 

documentation showed no evidence that 

the petitioning group was the subject of 

congressional legislation to terminate or 

prohibit a Federal relationship as an 

Indian tribe. Therefore, the JBA 

petitioner meets the requirements of 

criterion 83.7(g). 

Based on this final determination, the 

Department determines not to extend 

Federal acknowledgement as an Indian 

tribe to the petitioner known as the 

Juanen ̃ o Band of Mission Indians, 

Acjachemen Nation (JBA). 

A copy of the FD that includes the 

summary evaluation under the criteria 

and summarizes the evidence, 

reasoning, and analyses that are the 

basis for the FD will be provided to the 

petitioner and interested parties, and is 

available to other parties upon written 

request. It will be posted on the Bureau 

of Indian Affairs Web site http:// 

www.bia.gov/WhoWeAre/AS-IA/OFA/ 

RecentCases/index.htm. Requests for a 

copy of the FD should be addressed to 

the Federal Government as instructed in 

the ADDRESSES section of this notice. 

After the publication of notice of the 

FD in the Federal Register, the 

petitioner or any interested party may 

file a request for reconsideration with 

the Interior Board of Indian Appeals 

(IBIA) under the procedures set forth in 

section 83.11 of the regulations. The 

IBIA must receive this request no later 

than 90 days after the publication of the 

FD in the Federal Register. The FD will 

become effective as provided in the 

regulations 90 days from the Federal 

Register publication unless a request for 

reconsideration is received within that 

time. 

Dated: March 15, 2011. 

Larry Echo Hawk, 

Assistant Secretary–Indian Affairs. 

[FR Doc. 2011–6470 Filed 3–18–11; 8:45 am] 

BILLING CODE 4310–G1–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[NPS–WASO–NRNHL–0311–6924; 2280– 

665] 

Landmarks Committee of the National 

Park System Advisory Board Meeting 

AGENCY: National Park Service, Interior. 

ACTION: Notice of Meeting. 

SUMMARY: Notice is hereby given in 

accordance with the Federal Advisory 

Committee Act [5 U.S.C. Appendix 

(1988)], that a meeting of the Landmarks 

Committee of the National Park System 

Advisory Board will be held beginning 

at 1 p.m. on May 24, 2011, at the 

following location. The meeting will 

continue beginning at 9 a.m. on May 25 

and 26, 2011. 

DATES: May 24, 2011, at 1 p.m.; May 25– 

26, 2011, at 9 a.m. 

Location: The 2nd Floor Board Room 

of the National Trust for Historic 

Preservation, 1785 Massachusetts 

Avenue, NW., Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Henry, National Historic 

Landmarks Program, National Park 

Service; 1849 C Street, NW. (2280); 

Washington, DC 20240; Telephone (202) 

354–2216; E-mail: 

Patty_Henry@nps.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of the meeting of the 

Landmarks Committee of the National 

Park System Advisory Board is to 

evaluate nominations of historic 

properties in order to advise the 

National Park System Advisory Board of 

the qualifications of each property being 

proposed for National Historic 

Landmark (NHL) designation, and to 

make recommendations regarding the 

possible designation of those properties 

as National Historic Landmarks to the 

National Park System Advisory Board at 

its subsequent meeting at a place and 

time to be determined. The Committee 

also makes recommendations to the 

National Park System Advisory Board 

regarding amendments to existing 

designations and proposals for 

withdrawal of designation. The 

members of the Landmarks Committee 

are: 

Mr. Ronald James, Chair, 

Dr. James M. Allan, 

Dr. Cary Carson, 

Dr. Darlene Clark Hine, 

Mr. Luis Hoyos, AIA, 

Dr. Barbara J. Mills, 

Dr. William J. Murtagh, 

Dr. Franklin Odo, 

Dr. William D. Seale, 

Dr. Michael E. Stevens. 

The meeting will be open to the 

public. Pursuant to 36 CFR part 65, any 

member of the public may file, for 

consideration by the Landmarks 

Committee of the National Park System 

Advisory Board, written comments 

concerning the National Historic 

Landmarks nominations, amendments 

to existing designations, or proposals for 

withdrawal of designation. 

Comments should be submitted to J. 

Paul Loether, Chief, National Register of 

Historic Places and National Historic 

Landmarks Program, National Park 

Service; 1849 C Street, NW. (2280); 

Washington, DC 20240; E-mail: 

Paul_Loether@nps.gov. Before including 

your address, phone number, e-mail 

address, or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

The National Park System Advisory 

Board and its Landmarks Committee 

may consider the following 

nominations: 

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