28480 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Final Determination for Federal

Acknowledgment of the Jena Band of

Choctaw Indians

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice of Final Determination.

SUMMARY: This notice is published in

the exercise of authority delegated by

the Secretary of the Interior 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 Jena

Band of Choctaw Indians (Jena

Choctaw), c/o Mr. Jerry D. Jackson, P.O.

Box 14, Jena, Louisiana 71342–0014,

exists as an Indian tribe within the

meaning of Federal law. This notice is

based on a determination that the group

satisfies the criteria set forth in 25 CFR

§ 83.7.

DATES: This determination is final and

will become effective 90 days from

publication of the final determination,

pursuant to 25 CFR 83.10 (l)(4), unless

a request for reconsideration is filed

pursuant to 25 CFR 83.11.

A notice of the proposed finding to

acknowledge the Jena Choctaw was

published in the Federal Register on

October 31, 1994 (Vol. 59, pt. II, No.

209, pp. 54496–7). The 180-day period

provided for in the regulations for

comment on the proposed finding

closed April 29, 1995. This

determination is made following a

review of the public comments on the

proposed finding to acknowledge the

tribe.

The Jena Choctaw submitted a new

membership roll during the comment

period. There were no substantial

comments or evidence submitted by

interested parties or informed parties

during the comment period. A letter

supporting the proposed finding and

recognition of the Jena Choctaw was

submitted by the Mississippi Band of

Choctaw Indians. Limited comments,

not containing substantive new

evidence or arguments, were received

from two other parties. None of the

comments refuted the proposed finding.

The comments were considered but

were determined to have no effect on

the findings of fact or the decision to

acknowledge the tribe. The Jena

Choctaw by tribal council resolution of

April 29, 1995, stated they had no

response to the comments received and

requested that the BIA waive the 60-day

response period provided under 25 CFR

83.10 (k).

The proposed finding to acknowledge

the Jena Choctaw determined that the

petitioner fully met all seven of the

criteria. The final determination affirms

the proposed finding. It is based on the

extensive evidence submitted by the

Jena Choctaw or generated by the

Branch of Acknowledgment and

Research in the conduct of its own

research in preparing the proposed

finding and on a consideration of the

new membership roll.

The Jena Choctaw directly descends

from Choctaws who left the historic

Mississippi Choctaw tribe and settled in

Catahoula Parish, now LaSalle Parish, in

the vicinity of Jena, Louisiana, prior to

1880 when they were first identified by

the Federal census. The linguist Albert

Gatschet reported finding three Choctaw

families living in log huts on Trout

Creek, Catahoula Parish in 1886. They

were known locally as the Eden Indians,

the Choctaw Indians on Trout Creek,

and the Whatley Indians in reference to

their residences or to the land owners

with whom they were associated. After

World War II, most of the tribe moved

into the nearby town of Jena, Louisiana.

They formally incorporated in 1974 as

the Jena Band of Choctaw Indians, but

usually refer to themselves as the Jena

Choctaw. They have been identified as

an Indian entity throughout their history

until the present by the Federal

Government, the State government,

local authorities, scholars, the

Mississippi Band of Choctaw, and other

sources.

The Jena Choctaw maintained a

separate and distinct Indian group

through a high degree of in-group

marriage. Before 1950, 85 percent of the

marriages of members were to other

members, and 50 percent of the existing

marriages in 1959 were between

members of the tribe. The Choctaw

language was used almost exclusively

by members of this Indian community

until the late 1930’s. The use of the

Choctaw language continued in many

households until the late 1950’s,

sustained in part by the high degree of

in-group marriage. Close family ties,

living in close proximity to one another,

and shared community activities such

as maintenance of the Indian cemetery

have demonstrated that the group

maintained a distinct, cohesive

community in the last three decades to

the present.

A traditional leader or chief

conducted the affairs of the Indian

community, led the group in burial

practices, and conducted marriages

until the late 1930’s. Although the

traditional leader’s role was less active

after World War II, he continued to

organize community support to meet the

needs of the membership. In addition,

informal leaders exhibited political

influence within the Choctaw

community during the 1950’s and

1960’s which continued after the death

of the last traditional leader in 1968.

Since 1974, the Jena Choctaw have

elected their leaders and members have

continued to participate in the

governance of the tribe.

The Jena Choctaw have a constitution

and by-laws which define the

membership and reflect how they

govern themselves.

The revised membership roll

submitted during the comment period

has an additional 32 members who were

not listed on the membership roll dated

October 1993, which was used for the

proposed finding. The additional

individuals are the children and

grandchildren of individuals on the

previous roll. All members on the

October 1993 roll had 1⁄4 or more

Choctaw blood quantum. All of the new

members have 1⁄8 or more Choctaw

blood quantum, and thus they meet the

membership requirements prescribed in

the Jena constitution.

Every member descends from at least

one ancestor who was identified as a

Choctaw Indian on the Federal censuses

and/or who was identified as a fullblood Mississippi Choctaw on the 1903

preliminary roll of the Dawes

Commission. Thus, they continue to

meet the requirements of the regulations

for descent from the historic tribe.

Although the new list increases the

membership by approximately 20

percent (from 157 to 189), it does not

change the basic community of the Jena

Choctaw. Of the 32 new members, 9 are

children born since October 1993, and

13 more are children under the age of

21. The other 10 are grandchildren of

members listed in 1993. Sixty-five

percent of the new members live in Jena

and the surrounding area.

Under 25 CFR 83.12(b), the revised

roll dated April 3, 1995, and approved

by the Jena tribal council, will be

considered as the base roll of the Jena

Choctaw for Federal funding and other

administrative purposes.

Members of the Jena Choctaw were

not found to be members of any other

acknowledged Indian tribe. Neither the

tribe nor its members have been the

subject of Congressional legislation

which has expressly forbidden a

relationship with the Federal

Government.

The Jena Choctaw has met all seven

criteria under 25 CFR 83.7 for Federal

acknowledgment as an Indian tribe.
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28481

This determination is final and will

become effective 90 days from the date

of publication, unless a request for

reconsideration is filed pursuant to

§ 83.11. The petitioner or any interested

party may file a request for

reconsideration of this determination

with the Interior Board of Appeals

(§ 83.11(a)(1)). The petitioner’s or

interested party’s request must be

received no later than 90 days after

publication of the Assistant Secretary’s

determination in the Federal Register

(§ 83.11(a)(2)).

Dated: May 18, 1995.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 95–13171 Filed 5–30–95; 8:45 am]

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