45864 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Notices

Coordinator, CUP Completion Act

Office, Department of the Interior, 302

East 1860 South, Provo UT 84606–6154.

Telephone: (801) 379–1237, E-Mail

address: rmurray@uc.usbr.gov

Dated: August 25, 1997.

Ronald Johnston,

CUP Program Director, Department of the

Interior.

[FR Doc. 97–23046 Filed 8–28–97; 8:45 am]

BILLING CODE 4310–RK–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Decision and Availability of Decision

Documents on the Issuance of Permits

for Incidental Take of Threatened and

Endangered Species

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: This notice advises the public

that between April 1, 1996, and August

19, 1997, Region 1 of the Fish and

Wildlife Service issued the following

permits for incidental take of threatened

and endangered species, pursuant to

section 10(a)(1)(B) of the Endangered

Species Act of 1973, as amended (Act).

Each permit was granted only after the

Service determined that the application

had been submitted in good faith; that

all permit issuance criteria were met,

including the requirement that granting

the permit will not jeopardize the

continued existence of the species; and

that the permit was consistent with the

Act and applicable regulations,

including a thorough review of the

environmental effects of the action and

alternatives, pursuant to the National

Environmental Policy Act of 1969.

Copies of these permits and associated

decision documents are available upon

request. Decision documents for each

permit include a set of Findings and

Recommendations, a Biological

Opinion, and either a Finding of No

Significant Impact or a Record of

Decision.

Name Permit

No.

Issuance

date

Scofield Corporation 811110 4/3/96

D.B.O. Development

Company ............... 808240 4/25/96

Les York/Parkside

Homes ................... 811259 7/8/96

Pacific Gas and Electric Company ......... 817075 9/4/96

Shell Western E&P,

Inc. and Metropolitan Water District of

Southern California 784571 11/7/96

Name Permit

No.

Issuance

date

A.C. Teichert and

Son, Inc ................. 820643 1/9/97

Washington Department of Natural Resources .................. 812521 1/30/97

Palos Verdes Land

Holdings Company

and Zuckerman

Building Company 799348 2/4/97

Kendall Grover .......... 830269 7/15/97

City of San Diego ...... 830421 7/18/97

Graniterock Company 830417 8/1/97

Shelter Systems, Inc.,

and Lampert Properties ...................... 749347 8/18/97

Raley’s ...................... 829945 8/20/97

ADDRESSES: Individuals wishing copies

of any of the above permits and

associated decision documents should

contact the Fish and Wildlife Service,

Division of Consultation and

Conservation Planning, 911 N.E. 11th

Avenue, 4th Floor East, Portland,

Oregon 97232.

FOR FURTHER INFORMATION CONTACT:

Laura Hill, Fish and Wildlife Biologist,

at the above address; telephone (503)

231–6241.

Dated: August 22, 1997.

Don Weathers,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 97–23044 Filed 8–28–97; 8:45 am]

BILLING CODE 4310–55–P

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.

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.
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Notices 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 nonmembers. The proposed finding

concluded that although there were not

strong social distinctions made by nonIndians, 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 1⁄8th 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
45866 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Notices

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]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Notice of Prioritizing the 1995 Facilities

Needs Assessments for the Repair and

Improvement of Bureau of Indian

Affairs Law Enforcement Facilities

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This notice is published to

inform all American Indian tribes that

the Department of the Interior, Bureau

of Indian Affairs, Office of Law

Enforcement Services has prioritized the

1995 Facilities Needs Assessments for

the Repair and Improvement of Bureau

of Indian Affairs Law Enforcement

Facilities. The Bureau of Indian Affairs

will use this prioritized list to determine

which project location will proceed into

planning, design or construction based

on appropriations received from

Congress. The prioritization of the

facilities was accomplished in part by

consideration of age, condition and

whether or not the facility was able to

meet the current detention standards

and codes. Some of these projects will

require extensive renovation or total

replacement of the facility.

FOR FURTHER INFORMATION CONTACT:

Theodore Quasula, Director, Office of

Law Enforcement Services, P.O. Box 66,

Albuquerque, New Mexico 87103–0066.

His phone number is (505) 248–7937.

SUPPLEMENTARY INFORMATION: This

notice is published in exercise of

authority delegated to the Assistant

Secretary-Indian Affairs under 25 U.S.C.

2 and 9 and 209 DM 8. In compliance

with Recommendation 1, Action 9, of

the U.S. Department of the Interior,

Office of Inspector General Audit

Report, ‘‘Maintenance of Detention

Facilities, Bureau of Indian Affairs,

Report No. 94–1–1131, August 1994,’’

Correction Action Plan, the Office of

Law Enforcement Services has

prioritized the 1995 Facilities Needs

Assessments as listed below:

1. Blackfeet Law Enforcement Center

2. Red Lake Law Enforcement Center

3. Pine Ridge Correctional Facility

4. Wellpinit Law Enforcement Center

5. Supai Jail

6. Medicine Root Detention Center

7. White Mountain Law Enforcement

Center

8. Crow Law Enforcement Center

9. Zuni Police Department

10. Fort Belknap Law Enforcement

Center

11. Turtle Mountain Law Enforcement

Center

12. San Carlos Law Enforcement Center