Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Notices 66315

Authority: Section 3506 of the Paperwork

Reduction Act of 1995, 44 U.S.C. Chapter 35,

as amended.

Dated: December 7, 1995.

Stephanie A. Smith,

General Deputy Assistant Secretary for

Housing—Federal Housing Commissioner.

[FR Doc. 95–31077 Filed 12–20–95; 8:45 am]

BILLING CODE 4210–27–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Final Determination for Federal

Acknowledgment of the Huron

Potawatomi, Inc.

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 Huron

Potawatomi, Inc., 221 11⁄2 Mile Road,

Fulton, Michigan 49052, 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 as

modified by 25 CFR 83.8.

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 Huron Potawatomi,

Inc. (HPI) was published in the Federal

Register on May 31, 1995, 60 F.R. 104,

28426–28427. The 180-day period

provided for in the regulations for

comment on the Proposed Finding

closed November 27, 1995. No

substantive third-party comments were

received by the BIA. The only public

comments received were two

resolutions in support of the proposed

finding. The petitioner waived the 60-

day period provided for in the

regulations (25 CFR Part 83.10(k)) for

the petitioner to respond to third-party

comments. This determination is made

following a review of Huron

Potawatomi, Inc.’s response to the

Proposed Finding to acknowledge,

which consisted of the submission of an

updated membership list.

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)).

The final determination incorporates

the proposed finding and the technical

reports to the proposed finding. Under

25 CFR 83.8, Huron Potawatomi, Inc.,

also known as the Nottawaseppi Huron

Potawatomi Band, was deemed to have

had prior unambiguous Federal

acknowledgment in 1833, the date of the

last treaty signed by the Potawatomi of

Huron Band’s chiefs. Between 1833 and

1840, the tribe’s ancestors continued to

reside on the Nottawaseppi Reserve. In

1840, the tribe’s ancestors either

avoided attempts of the Federal

Government to remove the Potawatomi

to Kansas or returned to Michigan

within a few years after removal. The

community was reestablished by 1842,

and from that date until the present has

consistently been identified as a

settlement of Michigan Potawatomi in

Federal, state, and local documents.

Huron Potawatomi, Inc. meets criterion

83.7(a) as modified by criterion 83.8(d).

A geographical residential focus on

the Pine Creek Indian Reservation in

Calhoun County, Michigan, use of the

Potatomi language as late as 1960, and

a level of in-group or culturally

appropriate patterned out-group

marriages to other Michigan Indians

from 1842 through 1960 of more than 50

percent were evidence that the tribe met

the requirements of criterion 83.7(b) for

community up to 1960 under the

provisions of 83.7(b)(2). Since 1960, the

migration of the tribe’s members off the

Pine Creek Reservation to specific

locations in Michigan was patterned.

The outlying settlements not only

maintained close social and kinship ties

with the central Pine Creek settlement

area, but also among the five external

settlement areas. Huron Potawatomi,

Inc. meets criterion 83.7(b) as modified

by section 83.8(d).

Because Huron Potawatomi, Inc. met

the requirements of criterion 83.7(b)

between 1833 and 1934 by showing a

sufficient level of evidence under

83.7(b)(2), pursuant to 83.7(c)(3) they

also met criterion 83.7(c) for that time

period. From 1934 through 1970, the

leadership was by a committee closely

associated with the Methodist Indian

mission on the Pine Creek reservation.

In 1970, the tribe incorporated and has

since been administered by an elected

chairman and council. Huron

Potawatomi, Inc. meets criterion 83.7(c)

as modified by criterion 83.8(d).

The tribe has provided a copy of its

governing document, which describes

its membership criteria. Huron

Potawatomi, Inc. meets criterion 83.7(d).

The 1994 membership list of the

Huron Potawatomi, Inc. contained 850

entries. The membership has been

documented to descend from persons

listed on the 1904 Taggart Roll,

compiled by the Bureau of Indian

Affairs in connection with the issuance

of Potawatomi annuity payments under

Federal treaties. The Proposed Finding

concluded that the 1994 HPI

membership list, after eliminating

deceased members and duplicate

names, contained 819 actual living

persons. The Proposed Finding noted

the following items pertaining to the

HPI membership: (1) That 171 of the

HPI members were also, by ancestry,

eligible for membership in the Pokagon

Potawatomi Band; (2) that a small

number of the HPI members were

eligible for enrollment in other federally

acknowledged tribes and that two large

families appeared to be dually enrolled

with the Saginaw Chippewa Indian

Tribe; and (3) that 126 individuals on

the February 18, 1994, HPI membership

list had notified the BIA that they

wished to be part of the petition for

Federal acknowledgment submitted by

the Match-e-be-nash-she-wish

Pottawatomi Band, while about 150

others were eligible to be included in

the membership of the Match-e-be-nashshe-wish Pottawatomi Band if they so

desired. Because of extensive

intermarriage among American Indian

tribes in Michigan, the above

determinations contained overlaps: the

same individual might be eligible for

more than one of the enrollment

options. The Proposed Finding

concluded that if the persons who fell

into the categories listed above chose to

disenroll from HPI, their removal from

the HPI membership would not

adversely affect the ability of the Huron

Potawatomi, Inc. to meet the mandatory

criteria of the Federal acknowledgment

regulations.

The December 1, 1995, membership

list submitted by Huron Potawatomi,

Inc. used both the prior membership list

dated June 27, 1991 (numbers 1 through

849) and that dated February 15, 1994,

as the basis for the changes submitted:

it utilized the 1991 membership

numbers, whereas the 1994 list did not

include membership numbers, and

added #850 for one individual (whose

name was on the February 19, 1994,

list). The December 1, 1995, HPI list

represents the following changes from

the February 18, 1994, HPI list: 11

former members were noted as

deceased; 2 former members enrolled in

the Grand Traverse Band; 42 former

members enrolled in the Pokagon
66316 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Notices

Potawatomi Band; and 132 (the 126

noted by the Proposed Finding plus 6

more) former members enrolled in the

Match-e-be-nash-she-wish Pottawatomi

Band. These withdrawals fell well

within the parameters predicted by the

Proposed Finding. Since the Proposed

Finding, fifty-eight persons carried on

the 1991 and 1994 HPI lists

relinquished their membership in

Huron Potawatomi, Inc. in order to

remain enrolled in the Saginaw

Chippewa Indian Tribe. These

relinquishments resolved any problem

caused by dual enrollment in another

federally-recognized tribe. Huron

Potawatomi, Inc. did not add any

members between the February 18,

1994, and December 1, 1995,

membership lists: none of the births to

tribal members that occurred in the

interim met the constitutional

requirements for voting membership at

age 18. These deductions should have

given, based on the 1994 roll, a net

membership for Huron Potawatomi,

Inc., of 606 individuals. The list dated

December 1, 1995, contained 602

names. The discrepancy of four persons

was clarified by an addendum to the

membership roll sent by the HPI on

December 12, 1995. The addendum

identified three names that were on the

tribe’s deceased list, but had been

overlooked. The fourth person was

identified as member on the roll who

has the same name as a person on the

deceased member list. Huron

Potawatomi, Inc. meets criterion 83.7(e).

Huron Potawatomi, Inc. is not

principally composed of persons who

are members of another acknowledged

North American Indian tribe. Huron

Potawatomi, Inc. meets criterion 83.7(f).

No evidence was found that Huron

Potawatomi, Inc. or its members are the

subject of congressional legislation

which has expressly terminated or

forbidden the Federal relationship.

Huron Potawatomi, Inc. meets criterion

83.7(g).

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 95–31075 Filed 12–20–95; 8:45 am]

BILLING CODE 4310–02–P

Operation and Maintenance Rate

Adjustment: Wapato Irrigation Project,

Washington; Notice of Proposed

Operation and Maintenance Rate

Increase

SUMMARY: The Bureau of Indian Affairs

proposes to change the assessment rates

for operating and maintaining the

Wapato Irrigation Project for 1996 and

subsequent years. The assessment rates

are based on a prepared estimate of the

cost of normal operation and

maintenance of the irrigation project.

Normal operation and maintenance

means the expenses we incur to provide

direct support or benefit to the project’s

activities for administration, operation,

maintenance, and rehabilitation. We

must include at least:

(a) Personnel salary and benefits for

the project engineer/manager and our

employees under his management

control,

(b) Materials and supplies,

(c) Major and minor vehicle and

equipment repairs,

(d) Equipment, including

transportation, fuel, oil, grease, lease

and replacement,

(e) Capitalization expenses,

(f) Acquisition expenses, and

(g) Other expenses we determine

necessary to properly perform the

activities and functions characteristic of

an irrigation project.

FOR FURTHER INFORMATION CONTACT: Area

Director, Bureau of Indian Affairs,

Portland Area Office, 911 N.E. 11th

Avenue, Portland, Oregon 97232–4169,

telephone (503) 231–6702.

DATES: Comments must be submitted on

or before [January 22, 1996.]

SUPPLEMENTARY INFORMATION: The

authority to issue this document is

vested in the Assistant Secretary of

Indian Affairs by 5 U.S.C. 301 and the

Act of August 15, 1914 (38 Stat. 583, 25

U.S.C. 385). The Secretary has delegated

this authority to the Assistant

Secretary—Indian Affairs pursuant to

part 209 Departmental Manual, Chapter

8. 1A and Memorandum dated January

25, 1994, from Chief of Staff,

Department of the Interior, to Assistant

Secretaries, and Heads of Bureaus and

Offices.

This notice is given in accordance

with Section 171.1(e) of part 171,

Subchapter H, Chapter 1, of Title 25 of

the Code of Federal Regulations, which

provides for the Area Director to fix and

announce the rates for annual operation

and maintenance assessments and

related information of the Wapato

Irrigation Project for Calendar Year 1996

and subsequent years.

The purpose of this notice is to

announce a proprosed increase in the

Wapato Project assessment rates

proportionate with actual operation and

maintenance costs. The assessment rates

for 1996 will amount to an increase of

11% for the Wapato Satus Unit A Lands

and 21% for B lands due to increased

storage charges and an 11% increase for

the Toppenish-Simcoe & Ahtanum

Units.

Charges for Special Services

Charges will be collected for various

special services requested by the general

public, water users and other

organizations during the Calendar Year

1996 and subsequent years until further

notice, as detailed below:

(1) Requests for Irrigation Accounts

and Status Reports, Per Report .......$15.00

(2) Requests for Verification of

Account Delinquency Status, Per

Report...............................................$10.00

(3) Requests for Splitting of Operation

and Maintenance Bills (In addition

to minimum billing fee)

Per Bill .............................................$10.00

(4) Requests for Billing of Operation

and Maintenance to Other than

Owner or Lessee of Record (in

addition to minimum billing fee)

Per Bill .............................................$10.00

(5) Requests for Other Special Services

Similar to the above, when

appropriate, Per Report ...................$10.00

(6) Requests for elimination of lands

from the Project. In the event that

the elimination is approved, a

portion of the fee will be used to

pay the Yakima County Recording

Fee....................................................$10.00

(7) Review of subdivision plats .............$10.00

Ahtanum Unit

Charges

(A) The operation and maintenance

rate on lands of the Ahtanum Irrigation

Unit for the Calendar Year 1996 and

subsequent years until further notice, is

fixed at $10.00 per acre per annum for

land to which water can be delivered

from the project works.

(B) In addition to the foregoing

charges there shall be collected a billing

charge of $5.00 for each tract of land for

which operation and maintenance bills

are prepared. The bill issued for any

tract will, therefore, be the basic rate per

acre times the number of acres plus

$5.00. A one acre charge shall be levied

on all tracts of less than one acre.

Toppenish-Simcoe Unit

Charges

(A) The operation and maintenance

rate for the lands under the ToppenishSimcoe Irrigation Unit for the Calendar

Year 1996 and subsequent years until

further notice, is fixed at $10.00 per acre

per annum for land for which an

application for water is approved by the

Project Engineer.

(B) In addition to the foregoing

charges there shall be collected a billing

charge of $5.00 for each tract of land for

which operation and maintenance bills

are prepared. The bills issued for any

tract will, therefore, be the basic rate per

acre times the number of acres plus

$5.00. A one acre charge shall be levied

on all tracts of less than one acre.