Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 42683 

St. Louis Independent City 

Grand—Bates Suburb Historic District, 

Roughly bounded by Bates St., Grand 

Blvd., I–55, Alaska Ave., Fillmore & Iron 

Sts., St. Louis (Independent City), 

09000719 

NEW YORK 

Franklin County 

Wilder Homestead, Stacy Rd., Malone, 

09000720 

Montgomery County 

Kilts Farmstead, Address Restricted, Stone 

Arabia, 09000721 

New York County 

Trinity Lutheran Church of Manhattan, 164 

W. 100th St., New York, 09000722 

Saratoga County 

Bullard Block, 90–98 Broad St., 

Schuylerville, 09000723 

Seneca County 

Lay, Hiram, Cobblestone Farmhouse, (Coal 

Company Stores in McDowell County 

MPS) 1145 Mays Point Rd., Tyre, 09000724 

NORTH CAROLINA 

Robeson County 

Surles, W.R. Memorial Library, 105 W. Main 

St., Proctorville, 09000725 

VIRGINIA 

Danville Independent City 

Hylton Hall, 700 Lanier Ave., Danville 

(Independent City), 09000726 

Goochland County 

Oak Grove, 664 Manakin Rd., Manikan-Sabot, 

09000727 

Highland County 

Crab Run Lane Truss Bridge, VA 645 over 

Crab Run, McDowell, 09000728 

Hopewell Independent City 

Hopewell High School Complex, 1201 City 

Point Rd., Hopewell (Independent City), 

09000729 

Richmond Independent City 

Ninth Street Office Building, 202 N. 9th St., 

Richmond (Independent City), 09000730 

West Franklin Street Historic District 

(Boundary Increase), 

900 blk. West Grace St., 4000 blk. N. Harrison 

St., 300 blk. Shafer St., Richmond 

(Independent City), 09000731 

WASHINGTON 

King County 

Snoqualmie Falls Snoqualmie R., between 

mi. 40 & 41 Snoqualmie, 92000784 

Thurston County 

Millersylvania State Park, 12245 Tilley Rd., 

Olympia, 09000732 

WEST VIRGINIA 

Jefferson County 

South Charles Town Historic District, S. 

George, S. Mildred, S. Samuel, & S. Church 

Sts., Charles Town, 09000733 

[FR Doc. E9–20298 Filed 8–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Weekly Listing of Historic Properties 

Pursuant to (36 CFR 60.13(b,c)) and 

(36 CFR 63.5), this notice, through 

publication of the information included 

herein, is to apprise the public as well 

as governmental agencies, associations 

and all other organizations and 

individuals interested in historic 

preservation, of the properties added to, 

or determined eligible for listing in, the 

National Register of Historic Places from 

June 22, to June 26, 2009. 

For further information, please 

contact Edson Beall via: United States 

Postal Service mail, at the National 

Register of Historic Places, 2280, 

National Park Service, 1849 C St. NW., 

Washington, DC 20240; in person (by 

appointment), 1201 Eye St., NW., 8th 

floor, Washington, DC 20005; by fax, 

202–371–2229; by phone, 202–354– 

2255; or by e-mail, 

Edson_Beall@nps.gov. 

Dated: August 19, 2009. 

J. Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

KEY: State, County, Property Name, Address/ 

Boundary, City, Vicinity, Reference 

Number, Action, Date, Multiple Name 

CONNECTICUT 

Fairfield County 

Silvermine Center Historic District, Roughly 

centered on Silvermine & Perry Aves., 

Norwalk, 07001441, LISTED, 6/23/09 

GEORGIA 

Fulton County 

Collier Heights Historic District, Bounded 

approximately by Hamilton E. Holmes Dr. 

on the E., Donald Lee Hollowell Pkwy. on 

the N., US 285 on the W, US 20, Atlanta, 

09000457, LISTED, 6/23/09 

GEORGIA 

Polk County 

Rockmart Downtown Historic District, 

Roughly bounded by Water, Beauregard, 

Narble, and Elm Sts., Rockmart, 09000458, 

LISTED, 6/24/09 

INDIANA 

Clark County 

Ohio Falls Car and Locomotive Company 

Historic District, 300 Missouri Ave., 

Jeffersonville, 09000494, DETERMINED 

ELIGIBLE, 6/25/09 

INDIANA 

Vanderburgh County 

USS LST 325 (tank landing ship), 840 LST 

Dr., Evansville, 09000434, LISTED, 6/24/09 

MICHIGAN 

Jackson County 

Hebrew Cemetery, 420 N.W. Ave., Jackson, 

09000474, LISTED, 6/24/09 

MICHIGAN 

Kent County 

Alten, Mathias., House and Studio, 1593 E. 

Fulton St., Grand Rapids, 08001102, 

LISTED, 6/23/09 

MICHIGAN 

Newaygo County 

Croton Dam Mound Group, Address 

Restricted, Croton vicinity, 08000846, 

LISTED, 6/23/09 

PENNSYLVANIA 

Berks County 

Douglass, George, House, 19 Old 

Philadelphia Pike, Amity Township, 

09000462, LISTED, 6/25/09 

PENNSYLVANIA 

Lackawanna County 

Madison, James, School, 528 Quincy Ave., 

Scranton, 09000463, LISTED, 6/24/09 

(Educational Resources of Pennsylvania 

MPS) 

[FR Doc. E9–20297 Filed 8–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Proposed Finding Against 

Acknowledgment of the Brothertown 

Indian Nation 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of proposed finding. 

SUMMARY: The Department of the 

Interior (Department) gives notice that 

the Acting Principal Deputy Assistant 

Secretary—Indian Affairs (PDAS–IA) 

proposes to determine that the 

petitioner known as the Brothertown 

Indian 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 governmentVerDate Nov<24>2008 15:04 Aug 21, 2009 Jkt 217001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM 24AUN1

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42684 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 

to-government relationship with the 

United States. 

DATES: Comments on this proposed 

finding (PF) are due on or before 

February 22, 2010. 

ADDRESSES: Comments and requests for 

a copy of the summary evaluation of the 

evidence should be addressed to the 

Office of the Assistant Secretary— 

Indian Affairs, Attention: Office of 

Federal Acknowledgment, 1951 

Constitution Avenue, NW., Mail Stop 

34B–SIB, Washington, DC 20240. 

Interested or informed parties must send 

a copy of their comments to the 

petitioner at Brothertown Indian Nation 

c/o Richard Schadewald, 82 South Macy 

Street, P.O. Box 2206, Fond du Lac, 

Wisconsin 54936–2206. 

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 

gives notice that the PDAS–IA proposes 

to determine that the Brothertown 

Indian Nation (BIN, Petitioner #67), c/o 

Richard Schadewald, 82 South Macy 

Street, P.O. Box 2206, Fond du Lac, 

Wisconsin 54936–2206, 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 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), 83.7(e), and 83.7(g), and 

therefore does not meet the 

requirements for a government-togovernment relationship with the 

United States. 

The Department publishes this notice 

in the exercise of authority that the 

Secretary of the Interior delegated to the 

Assistant Secretary—Indian Affairs 

(AS–IA) by 209 DM 8. The AS–IA 

delegated authority to sign some Federal 

acknowledgment findings, including 

this PF, to the PDAS–IA effective June 

4, 2009. 

A group known as the Brothertown 

Indian Nation (BIN), under the name of 

Brotherton Indians of Wisconsin (BIW), 

submitted a letter of intent to petition 

for Federal acknowledgment as an 

Indian tribe to the AS–IA. The 

Department received the letter of intent 

on April 15, 1980. The Department 

designated the BIW as Petitioner #67. 

The BIW submitted its first 

documentation that included a narrative 

as well as some documents outlined in 

the BIW petitioner’s narrative. The 

Department received this material on 

February 7, 1996. The group claimed to 

descend from the historical Brothertown 

Indian tribe of Wisconsin, which 

evolved from the Brothertown Indian 

tribe of New York State when a large 

portion of the original tribe moved from 

New York to Wisconsin. At an earlier 

time, portions of several historical 

Indian tribes of Rhode Island, 

Connecticut, and Long Island had 

combined to form the Brothertown 

Indian tribe of New York. The historical 

Brothertown Indian tribe of Wisconsin 

occupied a reservation created for it in 

Wisconsin by the United States Senate 

in 1832. It was last acknowledged by the 

United States Government in 1839 when 

the tribe, as provided in an Act of 1839 

and at its own request, divided its 

reservation lands among its members 

and became citizens. As a result, the 

tribe’s Federal relationship was 

terminated. 

The Department conducted an initial 

review of the petition and determined 

the petitioner was ready for 

consideration and placed the BIW 

petitioner on the ‘‘ready, waiting for 

active consideration list’’ on February 

28, 1996. In 1995 and 1998, the BIW 

petitioner submitted additional petition 

documents on three different occasions. 

The BIW notified the Department on 

January 4, 2005, that the group changed 

its name officially to Brothertown 

Indian Nation (BIN) on November 20, 

2005. 

The Department placed the BIN 

petitioner on active consideration for 

the PF on June 23, 2008, and received 

two submissions of additional petitioner 

documents from the group during the 60 

days following, as allowed by the 

‘‘directive’’ of March 31, 2005, and a 

letter to the petitioner of June 20, 2008 

(70 FR 16513). The Department will 

consider any additional material that it 

received after the submission deadline 

of August 22, 2008, for the final 

determination (FD), pursuant to that 

directive the Department published on 

March 31, 2005 (70 FR 16515). 

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 BIN petitioner does 

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

83.7(c), 83.7(e), and 83.7(g). The BIN 

petitioner meets the requirements of 

criteria 83.7(d) and 83.7(f). 

If ‘‘substantial evidence’’ 

demonstrates the petitioner had 

‘‘unambiguous’’ previous Federal 

acknowledgment as an Indian tribe, 

then the requirements of the 

acknowledgment criteria in section 83.7 

are modified by the provisions of 

section 83.8(d). The available record 

indicates that the Senate proviso to the 

Treaty of 1831, the Treaty of 1832, and 

the Act of 1839 constitute unambiguous 

previous Federal acknowledgment of a 

Brothertown Indian tribe in Wisconsin. 

Evidence that a predominant portion of 

the petitioner’s members descend from 

the previously acknowledged Indian 

tribe and some evidence in the record of 

group activities by Brothertown 

descendants since 1839 allow the 

petitioner to advance a claim to have 

evolved from the previously 

acknowledged Indian tribe. Therefore, 

the Brothertown petitioner is evaluated 

on the basis of whether or not it meets 

the seven mandatory criteria in section 

83.7 as modified by section 83.8(d), 

from last Federal acknowledgment in 

1839 until the present. 

Criterion 83.7(a) requires that external 

observers have identified the petitioner 

as an American Indian entity on a 

substantially continuous basis since 

1900. As modified by section 83.8(d)(1), 

the petitioner must be identified since 

last Federal acknowledgment, which for 

the Brothertown petitioner is 1839. The 

evidence in the record demonstrates 

that external observers identified a 

historical Brothertown group from 1839 

until 1855. Between 1855 and 1981, 

outside observers periodically identified 

a Brothertown Indian entity, but 

because these periodic identifications 

are separated by long periods of time in 

which the petitioner or its members’ 

ancestors were not identified as an 

Indian entity, the petitioner does not 

satisfy the standard of ‘‘substantially 

continuous’’ identification as required 

by the regulations. The petitioning 

group has been identified as an 

American Indian entity since 1981. 

However, the petitioner has not been 

identified on a substantially continuous 

basis since 1839. Therefore, the BIN 

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 since historical times. As 

modified by section 83.8(d)(2), the 

petitioner must demonstrate only that a 

predominant portion of the petitioning 

group comprises a distinct community 

‘‘at present,’’ which for this case is 

considered to be the period since the 

petitioner formally organized in 1980. 

The character of the current group 

appears to be that of a highly dispersed 

descent group with some active 

members. There is no available evidence 

in the record that an informal 

community existed in 1980 composed of 

the same people currently enrolled with 

the petitioner. Most members who have 

strong social ties to other members 

formed these relationships through the 

activities of the group’s formal 


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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 


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