Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 42685 

organization. Outside of these active 

participants, few members of the group 

have strong social ties to each other. For 

the period from 1980 to 2009, there is 

insufficient evidence that a 

predominant portion of the petitioning 

group’s members regularly associate 

with each other or that the petitioner’s 

members comprise a distinct 

community. Therefore, the BIN 

petitioner does not meet the 

requirements of criterion 83.7(b) as 

modified by section 83.8(d)(2). 

Criterion 83.7(c) requires that the 

petitioning group has maintained 

political influence over its members as 

an autonomous entity since historical 

times. The evidence in the record does 

not demonstrate that authoritative, 

knowledgeable external observers 

identified leaders or a governing body of 

the petitioning group on a substantially 

continuous basis since the date of last 

Federal acknowledgment in 1839. 

Therefore, the petitioner does not meet 

the requirements of criterion 83.7(c) as 

modified by section 83.8(d)(3) for the 

historical period prior to ‘‘at present.’’ 

Alternatively under the provisions of 

section 83.8(d)(5), the evidence in the 

record is insufficient to demonstrate 

that the BIN petitioner or any group 

antecedent to it maintained political 

influence or authority over its members 

from 1839 until the group’s 

establishment as a formal organization 

in 1980. After 1980, when the current 

petitioner organized, its governing body 

has provided some services for its 

members, but this activity is of recent 

origin and appears to be the result of the 

group’s establishment as a formal 

organization. The petitioner has not 

demonstrated it maintained political 

influence or authority over most of its 

members at any time since 1839. 

Therefore, the BIN petitioner 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 BIN 

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 June 24, 2008, BIN 

membership list includes 3,137 living 

members, both adults and minors. The 

evidence in the record shows that 

almost all of the petitioner’s members 

claim descent from individuals who 

were members of the historical 

Brothertown Indian tribe of Wisconsin 

in 1839. However, this PF finds that 

only 51 percent (1,593 of 3,137) of BIN 

members have demonstrated descent 

from an individual known to be a 

member of the historical Brothertown 

Indian tribe of Wisconsin. The 

petitioner has not demonstrated for this 

PF that its members descend from an 

historical Indian tribe. Therefore, the 

BIN 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 Wisconsin and Minnesota that would 

most likely include the BIN 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 BIN 

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. Congress stated in the Act 

of 1839 that the Brothertown Indian 

tribe’s ‘‘rights as a tribe’’ recognized by 

the Federal Government, and 

specifically its power to act as a 

political and governmental entity, 

would ‘‘cease and determine,’’ that is, 

end and be limited permanently. 

Congress in this Act brought Federal 

recognition of the relationship with the 

Brothertown Indian tribe of Wisconsin 

to an end. By expressly denying the 

Brothertown of Wisconsin any Federal 

recognition of a right to act as a tribal 

political entity, Congress has forbidden 

the Federal Government from 

acknowledging the Brothertown as a 

government and from having a 

government-to-government relationship 

with the Brothertown as an Indian tribe. 

Congress has both expressly ended and 

forbidden the Federal relationship for 

this petitioner. Therefore, the BIN 

petitioner does not meet the 

requirements of criterion 83.7(g). 

Based on this preliminary factual 

determination, the Department proposes 

not to extend Federal acknowledgment 

as an Indian tribe to the petitioner 

known as the Brothertown Indian 

Nation. 

A report summarizing the evidence, 

reasoning, and analyses that are the 

basis for the PF will be provided to the 

petitioner and interested parties, and is 

available to other parties upon written 

request as provided by 25 CFR 83.10(h). 

Requests for a copy of the summary 

evaluation of the evidence 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 180-day 

comment period during which the 

petitioner and interested and informed 

parties may submit arguments and 

evidence to support or rebut the 

evidence relied upon in the PF. 

Comments on the PF should be 

addressed to both the petitioner and the 

Federal Government as required by 25 

CFR 83.10(i) and as instructed in the 

ADDRESSES section of this notice by the 

date listed in the DATES section of this 

notice. 

The regulations, 25 CFR 83.10(k), 

provide the petitioner a minimum of 60 

days to respond to any submissions on 

the PF received from interested and 

informed parties during the comment 

period. After the expiration of the 

comment and response periods 

described above, the Department will 

consult with the petitioner concerning 

establishment of a schedule for 

preparation of the FD. The Acting 

PDAS–IA will publish the FD of the 

petitioner’s status in the Federal 

Register as provided in 25 CFR 83.10(l), 

at a time that is consistent with that 

schedule. 

The Acting PDAS–IA George T. 

Skibine approved the Proposed Finding 

Against Acknowledgment of the 

Brothertown Indian Nation (Petitioner 

#67) and approved the publication of 

this Federal Register notice. 

Dated: August 17, 2009. 

George T. Skibine, 

Acting Principal Deputy Assistant Secretary— 

Indian Affairs. 

[FR Doc. E9–20285 Filed 8–21–09; 8:45 am] 

BILLING CODE 4310–G1–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[WY–923–1310–FI; WYW144810] 

Wyoming: Notice of Proposed 

Reinstatement of Terminated Oil and 

Gas Lease 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of proposed 

reinstatement of terminated oil and gas 

lease. 

SUMMARY: Under the provisions of 30 

U.S.C. 188(d) and (e), and 43 CFR 

3108.2–3(a) and (b)(2), the Bureau of 

Land Management (BLM) received a 

petition for reinstatement from 


erowe on DSK5CLS3C1PROD with NOTICES
42686 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 

Anadarko Petroleum Corporation and 

Lance Oil & Gas Company for 

noncompetitive oil and gas lease 

WYW144810 for land in Johnson 

County, Wyoming. The petition was 

filed on time and was accompanied by 

all the rentals due since the date the 

lease terminated under the law. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, Carmen E. 

Lovett, Land Law Examiner, at (307) 

775–6160. 

SUPPLEMENTARY INFORMATION: The 

lessees have agreed to the amended 

lease terms for rentals and royalties at 

rates of $10.00 per acre or fraction 

thereof, per year and 182⁄3 percent, 

respectively. The lessees have paid the 

required $500 administrative fee and 

$163 to reimburse the Department for 

the cost of this Federal Register notice. 

The lessees have met all the 

requirements for reinstatement of the 

lease as set out in sections 31(d) and (e) 

of the Mineral Lands Leasing Act of 

1920 (30 U.S.C. 188), and the Bureau of 

Land Management is proposing to 

reinstate lease WYW144810 effective 

April 1, 2009, under the original terms 

and conditions of the lease and the 

increased rental and royalty rates cited 

above. BLM has not issued a valid lease 

affecting the lands. 

Carmen E. Lovett, 

Land Law Examiner. 

[FR Doc. E9–20324 Filed 8–21–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[WY–923–1310–FI; WYW144809] 

Wyoming: Notice of Proposed 

Reinstatement of Terminated Oil and 

Gas Lease 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of proposed 

reinstatement of terminated oil and gas 

lease 

SUMMARY: Under the provisions of 30 

U.S.C. 188(d) and (e), and 43 CFR 

3108.2–3(a) and (b)(2), the Bureau of 

Land Management (BLM) received a 

petition for reinstatement from 

Anadarko Petroleum Corporation and 

Lance Oil & Gas Company for 

noncompetitive oil and gas lease 

WYW144809 for land in Johnson 

County, Wyoming. The petition was 

filed on time and was accompanied by 

all the rentals due since the date the 

lease terminated under the law. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, Carmen E. 

Lovett, Land Law Examiner, at (307) 

775–6160. 

SUPPLEMENTARY INFORMATION: The 

lessees have agreed to the amended 

lease terms for rentals and royalties at 

rates of $10.00 per acre or fraction 

thereof, per year and 182⁄3 percent, 

respectively. The lessees have paid the 

required $500 administrative fee and 

$163 to reimburse the Department for 

the cost of this Federal Register notice. 

The lessees have met all the 

requirements for reinstatement of the 

lease as set out in Sections 31(d) and (e) 

of the Mineral Lands Leasing Act of 

1920 (30 U.S.C. 188), and the Bureau of 

Land Management is proposing to 

reinstate lease WYW144809 effective 

April 1, 2009, under the original terms 

and conditions of the lease and the 

increased rental and royalty rates cited 

above. BLM has not issued a valid lease 

affecting the lands. 

Carmen E. Lovett, 

Land Law Examiner. 

[FR Doc. E9–20325 Filed 8–21–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[WY–923–1310–FI; WYW144811] 

Wyoming: Notice of Proposed 

Reinstatement of Terminated Oil and 

Gas Lease 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of proposed 

reinstatement of terminated oil and gas 

lease. 

SUMMARY: Under the provisions of 30 

U.S.C. 188(d) and (e), and 43 CFR 

3108.2–3(a) and (b)(2), the Bureau of 

Land Management (BLM) received a 

petition for reinstatement from 

Anadarko Petroleum Corporation and 

Lance Oil & Gas Company for 

noncompetitive oil and gas lease 

WYW144811 for land in Johnson 

County, Wyoming. The petition was 

filed on time and was accompanied by 

all the rentals due since the date the 

lease terminated under the law. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, Carmen E. 

Lovett, Land Law Examiner, at (307) 

775–6160. 

SUPPLEMENTARY INFORMATION: The 

lessees have agreed to the amended 

lease terms for rentals and royalties at 

rates of $10.00 per acre or fraction 

thereof, per year and 182⁄3 percent, 

respectively. The lessees have paid the 

required $500 administrative fee and 

$163 to reimburse the Department for 

the cost of this Federal Register notice. 

The lessees have met all the 

requirements for reinstatement of the 

lease as set out in sections 31(d) and (e) 

of the Mineral Lands Leasing Act of 

1920 (30 U.S.C. 188), and the Bureau of 

Land Management is proposing to 

reinstate lease WYW144811 effective 

April 1, 2009, under the original terms 

and conditions of the lease and the 

increased rental and royalty rates cited 

above. BLM has not issued a valid lease 

affecting the lands. 

Carmen E. Lovett, 

Land Law Examiner. 

[FR Doc. E9–20322 Filed 8–21–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[AZP020–09–L54100000–FR0000–

LVCLA09A5120; AZA–33964] 

Notice of Realty Action: Application for 

Conveyance of Federal Mineral 

Interests, Cochise County, AZ 

AGENCY: Bureau of Land Management 

(BLM), Interior. 

ACTION: Notice of realty action. 

SUMMARY: The surface owner of the land 

described in this notice, containing 

approximately 320 acres, has filed an 

application for the purchase of the 

federally-owned mineral interests in the 

land. Publication of this notice 

temporarily segregates the mineral 

interests from appropriation under the 

public land laws, including the mining 

laws. 

DATES: Interested persons may submit 

written comments to the Bureau of Land 

Management (BLM) at the address stated 

below. Comments must be received no 

later than October 8, 2009. 

ADDRESSES: Bureau of Land 

Management, Phoenix District, 21605 

North 7th Avenue, Phoenix, Arizona 

85027. Detailed information concerning 

this action, including appropriate 

environmental information, is available 

for review at this address. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Magaletti, Lands and Realty 

Specialist, at the above address or at 

623–580–5590. 

SUPPLEMENTARY INFORMATION: The 

surface owner of the following 

described land has filed an application 

pursuant to Section 209 of the Federal 

Land Policy and Management Act of 

1976, 43 United States Code (U.S.C.) 


erowe on DSK5CLS3C1PROD with NOTICES