[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Notices]
[Pages 26922-26923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13438]



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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs


Supplemental Final Determination for Federal Acknowledgment of 
the Samish Tribal Organization as an Indian Tribe

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Supplemental Notice of Final Determination.

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SUMMARY: The Assistant Secretary--Indian Affairs has determined that 
the Samish Tribal Organization (STO) exists as an Indian tribe within 
the meaning of Federal law pursuant to the acknowledgment regulations, 
25 CFR Part 83, that became effective October 2, 1978. The Secretary 
has directed that the determination be made final and effective 
immediately.

DATES: This supplemental notice of determination is final and effective 
immediately.

FOR FURTHER INFORMATION CONTACT: Office of the Assistant Secretary--
Indian Affairs, (202) 208-7163.

SUPPLEMENTARY INFORMATION: This notice is published in the exercise of 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary--Indian Affairs by 209 DM 8.
    On March 29, 1996, the Assistant Secretary--Indian Affairs issued a 
notice of her determination pursuant to 25 CFR Part 83 that the Samish 
Tribal Organization existed as an Indian tribe. The notice instructed 
the Director, Portland Area Office, Bureau of Indian

[[Page 26923]]

Affairs, to verify the membership list and to develop with the tribe a 
plan and budget for the implementation of the Assistant Secretary's 
decision and the provision of services to the members of the Samish 
Tribal Organization. The notice was published in the Federal Register 
on April 9, 1996 (61 FR 15825).
    The notice indicated that two tribes had requested that the 
Secretary direct the Assistant Secretary to reconsider her decision and 
that the Secretary was considering whether he had authority to direct 
the Assistant Secretary to reconsider and, if he had that authority, 
whether he should direct her to reconsider. The notice also indicated 
that the Samish Tribal Organization has not requested administrative 
reconsideration of the Assistant Secretary's determination to 
acknowledge its existence as an Indian tribe but had filed suit seeking 
to require a reinstatement verbatim of the Administrative Law Judge's 
recommended decision and findings of fact. Lastly, the notice stated 
that the determination would be effective 60 days after the date on 
which the notice appeared in the Federal Register, or June 8, unless 
the Secretary of the Interior requested a reconsideration by the 
Assistant Secretary--Indian Affairs pursuant to 25 CFR Sec. 83.10(a)-
(c).
    On April 26, 1996, the Secretary responded in writing to the two 
requests for reconsideration. He concluded that there were significant 
questions as to his authority to grant the requests because of the 
unique terms and circumstances of the remand from the District Court 
which governed the Assistant Secretary's determination. The Secretary 
noted that, in accordance with the district court's remand to the 
Department, the Assistant Secretary's determination did not resolve the 
nature and extent of the treaty rights, if any, of the Samish Tribal 
Organization so the treaty rights of the tribes requesting 
reconsideration were not affected by the determination. The Secretary 
concluded that the Assistant Secretary's determination should be deemed 
final agency action and effective April 26, 1996. Accordingly, he 
directed that this notice be published.

    Dated: May 20, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-13438 Filed 5-23-96; 2:47 pm]
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