Free Memorandum - District Court of Federal Claims - federal

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Attachment No. 3 to Plaintiffs First Set of Requests for Admission

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53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
( C i t e as: 53 FR 52829)

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NOTICES DEPARTMENT OF THE INTERIOR Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs Thursday, December 29, 1988
*52829 AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice SUMMARY: Notice is hereby given that the annual update of the list of entities recognized and eligible for funding and services from the Bureau of Indian Affairs is published pursuant to 25 CFR Part 83. FOR FURTHER INFORMATION C0NTACT:Bureau of Indian Affairs, Division of Tribal Government Services, 18th & C Streets NW., Washington, DC 20240, telephone number: (202) 343-7445. 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. Indian Tribal Entities [FN*] Within the Contiguous 48 States Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs Absentee-Shawnee Tribe of Indians of Oklahoma FN* Includes within its meaning Indian tribes, bands, villages, communities and pueblos as well as Alaska Native entities. Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation, California Ak Chin Indian Community of Papago Indians of the Maricopa, Ak Chin Reservation, Arizona Alabama and Coushatta Tribes of Texas Alabama-Quassarte Tribe1 Town of the Creek Nation of Oklahoma

O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Attachment No. 3

http://print.westlaw.com/delivery.html?dest=atp&format=HTn/

to Plaintiffs First Set of Requests for Admission Samish Indian Nation v. Unitedstates, No 02-1383 (FedCI)

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53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
(Cite as: 53 FR 52829)

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Alturas Rancheria of Pit River Indians of California Apache Tribe of Oklahoma Arapahoe Tribe of the Wind River Reservation, Wyoming Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana Aiigusiirle Band of Canuiiia Mission Indians of the Augustine Reservation, California Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin Bay Mills Indian Community of the Sault Ste. Marie Band of Chippewa Indians, Bay Mills Reservation, Michigan Berry Creek Rancheria of Maidu Indians of California Big Lagoon Rancheria of Smith River Indians of California Big Pine Band of Owens Valley Paiute Shoshone Indians of the Big Pine Reservation, California Big Sandy Rancheria of Mono Indians of California Big Valley Rancheria of Pomo
&

Pit River Indians of California

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana Blue Lake Rancheria of California
*52830 Bridgeport Paiute Indian Colony of California

Buena Vista Rancheria of Me-Wuk Indians of California Burns Paiute Indian Colony, Oregon Cabazon Band of Cahuilla Mission Indians of the Cabazon Reservation, California Cachil DeHe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California Caddo Indian Tribe of Oklahoma Cahuilla Band of Mission Indians of the Cahuilla Reservation, California Cahto Indian Tribe of the Laytonville Rancheria, California
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California Capitan Grande Band of Diegueno Mission Indians of California: Barona Group of the Barona Reservation, California Viejas Group of the Viejas Reservation, California Cauyga Nation of New York Cedarville Rancheria of Northern Paiute Indians of California Chemehuevi Indian Tribe of the Chemehuevi Reservation, California Cher-Ae Heights Indian Community of the Trinidad Rancheria, California Cherokee Nation of Oklahoma Cheyenne-Arapaho Tribes of Oklahoma Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota Chickasaw Nation of Oklahoma Chicken Ranch Rancheria of Me-Wuk Indians of California Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana Chitimacha Tribe of Louisiana Choctaw Nation of Oklahoma Citizen Band Potawatomi Indian Tribe of Oklahoma Cloverdale Rancheria of Pomo Indians of California Coast Indian Community of Yurok Indians of the Resighini Rancheria, California Cocopah Tribe of Arizona Coeur D'Alene Tribe of the Coeur D'Alene Reservation, Idaho .Cold Springs Rancheria of Mono Indians of California Colorado River Indian Tribes of the Colorado River Indian Reservation, Arizona and California Comanche Indian Tribe of Oklahoma
O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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( C i t e as: 53 FR 52829)

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Confederated Salish

&

Kootenai Tribes of the Flathead Reservation, Montana

Confederated Tribes of the Chehalis Reservation, Washington Confederated Tribes of the Colville Reservation, Washington Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indian of Oregon Confederated Tribes of the Goshute Reservation, Nevada and Utah Confederated Tribes of the Grand Ronde Community of Oregon Confederated Tribes of the Siletz Reservation, Oregon Confederated Tribes of the Umatilla Reservation, Oregon Confederated Tribes of the Warm Springs Reservation of Oregon Confederated Tribes of the Bands of the Yakima Indian Nation of the Yakima Reservation, Washington Cortina Indian Rancheria of Wintun Indians of California Coushatta Tribe of Louisiana Covelo Indian Community of the Round Valley Reservation, California Cow Creek Band of Umpqua Indians of Oregon Coyote Valley Band of Pomo Indians of California Creek Nation of Oklahoma Crow Tribe of Montana Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota Cuyapaipe Community of Diegueno Mission Indians of the Cuyapaipe Reservation, California Death Valley Timbi-Sha Shoshone Band of California Delaware Tribe of Western Oklahoma Devils Lake Sioux Tribe of the Devils Lake Sioux Reservation, North Dakota Dry Creek Rancheria of Pomo Indians of California

O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Duckwater Shoshone Tribe of the Duckwater Reservation, Nevada Eastern Band of Cherokee Indians of North Carolina Eastern Shawnee Tribe of Oklahoma Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California
E l k Vaiiey Rancneria of Smith River l'olowa Indians of California

Ely Indian Colony of Nevada Enterprise Rancheria of Maidu Indian of California Flandreau Santee Tribe of South Dakota Forest County Potawatomi Community of Wisconsin Potawatomie Indians, Wisconsin Fort Belknap Indian Community of the Fort Belknap Reservation of Montana Fort Bidwell Indian Community of Paiute Indians of the Fort Bidwell Reservation, California Fort Independence Indian Community of Paiute Indians of the Fort Independence Reservation, California Fort McDermitt Paiute and Shoshone Tribes of the Fort McDermitt Indian Reservation, Nevada Fort McDowell Mohave-Apache Indian Community of the Fort McDowell Indian Reservation, Arizona Fort Mojave Indian Tribe of Arizona Fort Sill Apache Tribe of Oklahoma Gay Head Wampanoag Indians of Massachusetts Gila River Pima-Maricopa Indian Community of the Gila River Indian Reservation of Arizona Grand Traverse Band of Ottawa
&

Chippewa Indians of Michigan

Greenville Rancheria of Maidu Indians of California Grindstone Indian Rancheria of Wintun-Wailaki Indians of California Hannahville Indian Community of Wisconsin Potawatomie Indians of Michigan
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2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Havasupai Tribe of the Havasupai Reservation, Arizona Hoh Indian Tribe of the Hoh Indian Reservation, Washington Hoopa Valley Tribe of the Hoopa Valley Reservation, California Hopi Tribe of Arizona Hopland Band of Pomo Indians of the Hopland Rancheria, California Houlton Band of Maliseet Indians of Maine Hualapai Tribe of the Hualapai Indian Reservation, California Inaja Band of Diegueno Mission Indians of the Inaja and Cosmit Reservation, California Iowa Tribe of Kansas and Nebraska Iowa Tribe of Oklahoma Jackson Rancheria of Me-Wuk Indians of California Jamestown Klallarn Tribe of Washington Jamul Indian Village of California Jicarilla Apache Tribe of the Jicarilla Apache Indian Reservation, New Mexico Kaibab Band of Paiute Indians of the Kaibab Indian Reservation, Arizona Kalispel Indian Community of the Kalispel Reservation, Washington Karuk Tribe of California Kashia Band of Pomo Indians of the Stewarts Point Rancheria, California Kaw Indian Tribe of Oklahoma Keweenaw Bay Indian Community of L'Anse and Ontonagon Bands of Chippewa Indians of the L'Anse Reservation, Michigan Kialegee Tribal Town of the Creek Indian Nation of Oklahoma Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas Kickapoo Tribe of Oklahoma (includes Texas Band of Kickapoo Indians) Kiowa Indian Tribe of Oklahoma
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Klamath Indian Tribe of Oregon Kootenai Tribe of Idaho La Jolla Band of Luiseno Mission Indians of the La Jolla Reservation, California La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California Lac Courte Oreilles Band of Lake Superior Chippewa Indians of the Lac Courte Oreilles Reservation of Wisconsin Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin Lac Vieux Desert Bank of Lake Superior Chippewa Indians of Michigan Las Vegas Tribe of Paiute Indians of the Las Vegas Indian Colony, Nevada Los Coyotes Band of Cahuilla Mission Indians of the Los Coyotes Reservation, California Lovelock Paiute Tribe of the Lovelock Indian Colony, Nevada Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota Lower Elwha Tribal Community of the Lower Elwha Reservation, Washington Lower Sioux Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower Sioux Reservation in Minnesota Lummi Tribe of the L m i Reservation, Washington Makah Indian Tribe of the Makah Indian Reservation, Washington Manchester Band of Porno Indians of the Manchester-Point Arena Rancheria, California Manzanita Band of Diegueno Mission Indians of the Manzanita Reservation, California Mashantucket Pequot Tribe of Connecticut Menominee Indian Tribe of Wisconsin Mesa Grande Band of Diegueno Mission Indians of the Mesa Grande Reservation, California

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2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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*52831 Mescalero Apache Tribe of the Mescalero Reservation, New Mexico

Miami Tribe of Oklahoma Miccosukee Tribe of Indians of Florida Middletown Rancheria of Pomo Indians of California Minnesota Chlppawa Tribe, Minnesota (Six component Reservations: Bois Forte Band (Nett Lake), Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lac Band, White Earth Band) Mississippi Band of Choctaw Indians, Mississippi Moapa Band of Paiute Indians of the Moapa River Indian Reservation, Nevada Modoc Tribe of Oklahoma Mooretown Rancheria of Maidu Indians of California Moronogo Band of Cahuilla Mission Indians of the Morongo Reservation, California Muckleshoot Indian Tribe of the Muckleshoot Reservation, Washington Narragansett Indian Tribe of Rhode Island Navajo Tribe of Arizona, New Mexico and Utah Nez Perce Tribe of Idaho Nisqually Indian Community of the Nisqually Reservation, Washington Nooksack Indian Tribe of Washington Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana Northfork Rancheria of Mono Indians of California Northwestern Band of Shoshoni Indians of Utah (Washakie) Ogala Sioux Tribe of the Pine Ridge Reservation, South Dakota Omaha Tribe of Nebraska Oneida Nation of New York Oneida Tribe of Wisconsin

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2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
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Onondaga Nation of New York Osage Tribe of Oklahoma Ottawa Tribe of Oklahoma Otoe-Missouria Tribe of Oklahoma
p a:i u L ~ I n d i a n Tribe of Gtak - ..'-

Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California Paiute-Shoshone Tribe of the Fallon Reservation and Colony, Nevada Paiute-Shoshone Indians of the Lone Pine Community of the Lone Pine Reservation, California Pala Band of Luiseno Mission Indians of the Pala Reservation, California Pascua Yaqui Tribe of Arizona Passamaquoddy Tribe of Maine Pauma Band of Luiseno Mission Indians of the Pauma Pawnee Indian Tribe of Oklahoma Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, California Penobscot Tribe of Maine Peoria Tribe of Oklahoma Picayune Rancheria of Chukchansi Indians of California Pinoleville Rancheria of Pomo Indians of California Pit River Tribe of California (includes Big Bend, Lookout, Montgomery Creek Roaring Creek Rancheries & XL Ranch) Poarch Band of Creek Indians of Alabama Ponca Tribe of Indians of Oklahoma Port Gamble Indian Community of the Port Gamble Reservation, Washington Potter Valley Rancheria of Pomo Indians of California
& &

Yuima Reservation, California

O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works

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53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
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Prairie Band of Potawatomi Indians of Kansas Prairie Island Indian Community of Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation, Minnesota Pueblo of Acoma, New Mexico Pueblo of Cochiti, New Mexico Pueblo of Jemez, New Mexico Pueblo of Isleta, New Mexico Pueblo of Laguna, New Mexico Pueblo of Nambe, New Mexico Pueblo of Picuris, New Mexico Pueblo of Pojoaque, New Mexico Pueblo of San Felipe, New Mexico Pueblo of San Juan, New Mexico Pueblo of San Ildefonso, New Mexico Pueblo of Sandia, New Mexico Pueblo of Santa Ana, New Mexico Pueblo of Santa Clara, New Mexico Pueblo of Santo Domingo, New Mexico Pueblo of Taos, New Mexico Pueblo of Tesuque, New Mexico Pueblo of Zia, New Mexico Puyallup Tribe of the Puyallup Reservation, Washington Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada Quapaw Tribe of Oklahoma Quartz Valley Rancheria of Karok, Shasta
&

Upper Klamath Indians of California

O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Quechan Tribe of the Fort Yuma Indian Reservation, California Quileute Tribe of the Quileute Reservation, Washington Quinault Tribe of the Quinault Reservation, Washington Ramona Band or Village of Cahuilla Mission Indians of California Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Red Lake Bank of Chippewa Indians of the Red Lake Reservation, Minnesota Redding Rancheria of Porno Indians of California Redwood Valley Rancheria of Porno Indians of California Reno-Sparks Indian Colony, Nevada Rincon Band of Luiseno Mission Indians of the Rincon Reservation, California Robinson Rancheria of Porno Indians of California Rohnerville Rancheria of Bear River or Mattole Indians of California Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota Rumsey Indian Rancheria of Wintun Indians of California Sac Sac Sac
& &
&

Fox Tribe of the Mississippi in Iowa Fox Tribe of Missouri in Kansas and Nebraska Fox Tribe of Oklahoma

Saginaw Chippewa Indian Tribe of Michigan, Isabella Reservation Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona San Carlos Apache Tribe of the San Carlos Reservation, Arizona San Manual Band of Serrano Mission Indians of the San Manual Reservation, California San Pasqual Band of Diegueno Mission Indians of California Santa Rosa Indian Community of the Santa Rosa Rancheria, California Santa Rosa Band of Cahuilla Mission Indians of the Santa Rosa Reservation,
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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California Santa Ynez Band of Chumash Mission Indians of the Santa Ysabel Reservation, California Santa Ysabel Band of Diegueno Mission Indians of the Santa Ysabel Reservation, California Santee Sioux Tribe of the Santee Reservation of Nebraska Sauk-Suiattle Indian Tribe of Washington Sault Ste. Marie Tribe of Chippewa Indians of Michigan Seminole Nation of Oklahoma Seminole Tribe of Florida, Dania, Big Cypress Seneca Nation of New York Seneca-Cayuga Tribe of Oklahoma Shakopee Mdewakanton Sioux Community of Minnesota (Prior Lake) Sheep Ranch Rancheria of Me-Wuk Indians of California Sherwood Valley Rancheria of Pomo Indians of California Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract), California Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation, Washington Shoshone Tribe of the Wind River Reservation, Wyoming Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Reservation, South Dakota Skokomish Indian Tribe of the Skokomish Reservation, Washington Skull Valley Band of Goshute Indians of Utah Smith River Rancheria of California Soboba Band of Luiseno Mission Indians of the Soboba Reservation, California
O
&

Brighton Reservations

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Sokoagon Chippewa Community of the Mole Lake Band of Chippewa Indians, Wisconsin Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado Spokane Tribe of the Spokane Reservation, Washington Squaxin Island Tribe of the Squaxin Island Reservation, Washington St. Croix Chippewa Indians of Wisconsin, St. Croix Reservation St. Regis Band of Mohawk Indians of New York Standing Rock Sioux Tribe of North
&

South Dakota

Stockbridge-Munsee Community of Mohican Indians of Wisconsin Stillaguamish Tribe of Washington Summit Lake Paiute Tribe of Nevada Suquamish Indian Tribe of the Port Madison Reservation, Washington Susanville Indian Rancheria of Paiute, Maidu, Pit River California
&

Washoe Indians of

Swinomish Indians of the Swinomish Reservation, Washington Sycuan Band of Diegueno Mission Indians of California Table Bluff Rancheria of Wiyot Indians of California Table Mountain Rancheria of California Te-Moak Tribe of Western Shoshone Indians of Nevada Thlopthlocco Tribal Town of the Creek Nation of Oklahoma
*52832 Three Affiliated Tribes of the Fort Berthold Reservation, North dakota

Tohono O'odham Nation of Arizona (formerly known as the Papago Tribe of the Sells, Gila Bend & San Xavier Reservation, Arizona) Tonawanda Band of Seneca Indians of New York Tonkawa Tribe of Indians of Oklahoma Tonto Apache Tribe of Arizona

O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Torres-Martinez Band of Cahuilla Mission Indians of California Tule River Indian Tribe of the Tule River Reservation, California Tulalip Tribes of the Tulalip Reservation, Washington Tunica-Biloxi Indian Tribe of Louisiana Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria of California Turtle Mountain Band of Chippewa Indians of North Dakota Tuscarora Nation of New York Twenty-Nine Palms Band of Luiseno Mission Indians of California United Keetoowah Band of Cherokee Indians, Oklahoma Upper Lake Band of Porno Indians of Upper Lake Rancheria of California Upper Sioux Indian Community of the Upper Sioux Reservation, Minnesota Upper Skagit Indian Tribe of Washington Ute Indian Tribe of the Uintah
&

Ouray Reservation, Utah
&

Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New Mexico Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Reservation, California Walker River Paiute Tribe of the Walker River Reservation, California Washoe Tribe of Nevada Ranches)
&

Utah

California (Carson Colony, Dresslerville

&

Washoe

White Mountain Apache Tribe of the Fort Apache Reservation, Arizona Wichita Indian Tribe of Oklahoma Winnebago Tribe of Nebraska Winnemucca Indian Colony of Nevada Wisconsin Winnebago Indian Tribe of Wisconsin Wyandotte Tribe of Oklahoma Yankton Sioux Tribe of South Dakota
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Yavapai-Apache Indian Community of the Camp Verde Reservation, Arizona Yavapai-Prescott Tribe of the Yavapai Reservation, Arizona Yerington Paiute Tribe of the Yerington Colony
&

Campbell Ranch, Nevada

Yomba Shoshone Tribe of the Yomba Reservation, Nevada Ysleta Del Sur Pueblo of Texas Yurok Tribe of the Koopa Valley Reservation, California Zuni Tribe of the Zuni Reservation, New Mexico Native Entities Within the State of Alaska Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs The following are those Alaska entities which are recognized and eligible to receive funding and services from the Bureau of Indian Affairs. The purpose of this updated list is: (1) To comply with the regulatory requirement of annual publication pursuant to 25 CFR Part 83, (2) to reflect the Alaska entities which are statutorily eligible for funding and services from the Bureau of Indian Affairs, (3) to make it easier for previously unlisted, but statutorily eligible, entities to receive funding and services, and in so doing, (4) to describe the criteria used for inclusion on the list and for making additions. All of the entities previously listed in the 1986 Federal Register publication are included in this list. However, the number of entities listed on the Alaska Native Entities section is approximately doubled on the basis of express Congressional recognition of the types of entities in Alaska eligible to receive funding or services from the Bureau of Indian Affairs. The additional entities are included without the necessity of completing the Federal Acknowledgment Process because of more explicit statutory provisions on groups eligible to receive funding and services on behalf of Alaska Natives. The Federal Acknowledgment Procedures contained in 25 CFR Part 83 set forth a procedure whereby Indian groups may document their existence as tribes with a special relationship to the United States such as to qualify for funding and services as an "Indian tribe, organized band, pueblo or community." Section 83.6(b) requires that the Secretary publish a list of Indian tribes already recognized and receiving funding and services from the Department, groups to which the Federal Acknowledgment Procedures accordingly do not apply. This list is published pursuant to § 83.6 (b). The Department first published a list of Indian Tribal Entities on February 6, 1979, with the notation that "[tlhe list of eligible Alaskan entities will be published at a later date." Subsequently, the Department published an updated list on November 24, 1982, to which it appended a list of "Alaska Native Entities
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Recognized and Eligible to Receive Services From the United States Bureau of Indian Affairs." The preamble which described the scope and purpose of the Alaska list stated "[wlhile eligibility for services administered by the Bureau of Indian Affairs is generally limited to historical tribes and communities of Indians residing on reservations, and their members, unique circumstances have made eligible additional entities in Alaska which are not historical tribes. Such circumstances have resulted in multiple, overlapping eligibility of Native entities in Alaska. To alleviate any confusion which might arise from publication of a multiple eligibility listing, the following preliminary list shows those entities to which the Bureau of Indian Affairs gives priority for purposes of funding and services." 47 FR 53133-53134 (1982). This preamble was inadvertently dropped from the subsequent lists. A number of Alaska Native Entities have complained to the Department that they were omitted from previous lists despite the fact that they are receiving funding and services from the Bureau of Indian Affairs and qualify for such under the statutes that have established the programs of the Bureau. Some do not believe they should have to submit all of the documentation required of an Indian tribe under Part 83 to continue to receive benefits previously provided. Other departments have also made inquiry about the eligibility for their programs of entities included on or omitted from the 1982 Alaska Native Entities List. In addition, there has been confusion on whether inclusion on or exclusion from the Alaska Native Entities List constitutes an official determination of the United States government as to the governmental powers of particular Alaska villages or entities over non-members or territory. The Department agrees that Alaska Native entities which satisfy the criteria listed below, and therefore are specifically eligible for the funding and services of the Bureau by statute, should not have to undertake to obtain Federal Acknowledgment pursuant to Part 83. We agree they should be included in the publication required by § 83.6(b) without further review. However, inclusion on a list of entities already receiving and eligible for Bureau funding and services does not constitute a determination that the entity either would or would not qualify for Federal Acknowledgment under the regulations, but only that no such effort is necessary in order to preserve eligibility. Furthermore, inclusion on or exclusion from this list of any entity should not be construed to be a determination by this Department as to the extent of the powers and authority of that entity. The principal demand by the Bureau and other federal agencies is for a list of organizations which are eligible for their funding and services based on their inclusion in categories frequently mentioned in statutes concerning federal programs for Indians. General federal Indian statutes provide that the Bureau serve tribes which are usually defined as "any Indian Tribe, band, nation, rancheria, pueblo, colony or community." With respect to Alaska, Congress has provided additional guidance as to whom we should provide services. The 1936 amendments to the Indian Reorganization Act, applicable *52833 only to Alaska,
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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authorized groups to organize as tribes which are not historical tribes and are not residing on reservations. They include groups having a "common bond of occupation or association, or residence within a well-defined neighborhood, More recently, Indian statutes, community, or rural district." 25 U.S.C. 5 473a. such as the Indian Self-Determination Act, [FNl] specifically include Alaska Native villages, village corporations and regional corporations defined or established under the Alaska Native Claims Settlement Act (ANCSA). F N For purposes of the Indian Self-Determination Act, Indian tribe is defined '1 to include "any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Claims Settlement Act which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. . . . " This definition includes criteria 1, 2, 3, 4 and 9. Therefore, this list includes all of the Alaska entities meeting any of the following criteria which are used in one or more Federal statutes for the benefit of Alaska Natives: 1. "Tribes" as defined or established under the Indian Reorganization Act as supplemented by the Alaska Native Act.
2. Alaska Native Villages defined in or established pursuant to the Alaska Native Claims Settlement Act (ANCSA). [EN21

E N ANCSA defines a Native village as: "any tribe, band, clan, group, village, '2 community or association in Alaska listed in [43 U.S.C. 1610 or 16151, or which meets the requirements of this chapter, and which the Secretary determines was . . . composed of twenty-five or more Natives." 43 U.S.C. 1602(c).

3. Village corporations defined in or established pursuant to ANCSA.
4. Regional corporations defined in or established pursuant to ANCSA. 5. Urban corporations defined in or established pursuant to ANCSA. 6. Alaska Native groups defined in or established pursuant to ANCSA. 7. Alaska Native group corporations defined in or established pursuant to ANCSA 8. Alaska Native entities that receive assistance from the Bureau in matters relating to the settlement of claims against the United States government, such as in the Act of June 19, 1935, Pub. L. 74-152, as amended by the Act of August 19, 1965, Pub. L. 89-130 and 9. Tribes which have petitioned to be acknowledged and have been determined to exist as tribes pursuant to 25 CFR Part 83.
0

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Page 18 53 FR 52829-02, 1988 WL 266426 (F.R.)
( C i t e as: 53 FR 52829)

Any Alaska village or entity not listed herein may still seek to obtain Federal Acknowledgment by following the procedures in 25 CFR Part 83 or may be added to the list by demonstrating that they meet one of the nine criteria above. We are concerned, however, that applying the criteria presently contained in Part 83 to Alaska may be unduly burdensome for the many small Alaska organizations. Alaska, with small pockets of Natives living in isolated locations scattered throughout the state, may not have extensive documentation on its history during the 1800's and early 1900's much less the even earlier periods commonly researched for groups in the lower-48. While it is fair to require groups in the lower-48 states to produce such documentation because they are located in areas where no group could exist without being the subject of detailed written records, insistence on the same formality for those Alaska groups might penalize them simply for being located in an area that was, until recently, extremely isolated. Consequently, the Bureau, in consultation with Indians and Alaska Natives, will review the present acknowledgment process to determine if a modified process is needed so that Alaska organizations may seek inclusion on the list of entities recognized and eligible for services without using the present procedure which may be unduly burdensome. Other Federal agencies should be aware that some statutes authorize the government to serve other organizations which are not listed while others specify only some of the criteria listed above. Therefore, each agency must look at its particular statutory authorities to make a final eligibility determination. Af ognak Ahkiok-Kaguyak Native Corp. AHTNA, Inc. (Cantwell, Chistochina, Copper Center, Gakona, Gulkana, Mentasta Tazlina) AHTNA, Incorporated Akhiok Akiachak, Ltd. Akiachak Akiachak, Akiachak Native Community Akiak Akiak Native Community Akutan Corp.
&

O 2006 Thomson/West.

No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

Document 41-4

Filed 05/08/2006

Page 20 of 78 of 40 Page 20

5 3 FR 52829-02 5 3 FR 5 2 8 2 9 - 0 2 , L 1988 W 266426 ( F . R . )

Page 19

( C i t e as: 53 FR 52829)

Akutan Alakanuk N a t i v e Corp. Alakanuk A l a s k a P e n i n s u l a C o r p o r a t i o n (Kokhanok, Newhalen, P o r t H e i d e n , S o u t h Naknek Ugas h e k ) Alatna Aleknagik (aka Alegnagik) Aleknagik Natives, Aleut Corporation Alexander Creek Alexander Creek, I n c Allakaket Ambler Anaktuvuk P a s s Andreafsey Angoon Community A s s o c i a t i o n Angoon Aniak Anton Larsen, Anvik Arctic Village A r c t i c Slope Regional Corporation ARVIQ, I n c . (Platinum) (Scamrnon B a y ) Inc Ltd.
&

Askinuk Corp. Atka

O 2006 Thomson/West.

No C l a i m t o O r i g . U.S.

Govt. Works.

Case 1:02-cv-01383-MMS

Document 41-4

Filed 05/08/2006

Page 21 of 78

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
(Cite as: 53 FR 52829)

Page 20

Atka, Native Village of Atka Atkasook Corp. Atkasook Atmauthluak, Ltd. Atmautluak Atxam Corp. (Atka) Ayakulik Ayakulik, Inc. Azachorok, Inc. (Mountain village) Baan-o-yeel kon Corp. (Rampart) Barrow Bay View, Inc. (Ivanof Bay) Bean Ridge Corp. (Manley Hot Springs) Beaver Kwit'chin Corp. Beaver Becharof Corp. (Egegik) Belkofski Corp. Belkofsky (aka Belkofs ki) Bells Flats Natives, Inc. Bells Flats Bering Straits Native Corporation Bethel (aka Orutsararmuit) Bethel Native Corp. Bill Moore's (aka Bill Moore's Slough)

O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 22 of 78 of 40 Page 22

53 FR 52829-02 53 FR 52829-02, 1 9 8 8 WL 266426 ( F . R . )

Page 2 1

(Cite as: 53 E 52829) R '

Birch Creek Brevig Mission Native Corp. Brevig Mission Bristol Bay Native Corporation Buckland, Native Village of Buckland Buck land Calista Corporation Candle Cantwell Canyon Village Cape Fox Corporation (Saxman) Caswell Native Association Caswell Central Council of Tlingit and Haida Indian Tribes of Alaska Chal kyitsik Chalkyitsik Native Corp. Chaloonawick Chaluka Corp. (Nikolski) Chanega, Native Village of Chanega Chanilut Chefarnmute, Inc. (Chefornak) Chenega Corporation Cherfornak Chevak

O 2006

Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 23 of 78 of 40 Page 23

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 ( F . R . )

Page 22

(Cite as: 53 FR 52829)

Chevak Company Corp. Chickaloon Chickaloon Moose C r e e k N a t i v e A s s o c i a t i o n , I n c . Chignik Lagoon N a t i v e Corp. Chignik C h i g n i k Lake Chignik Lagoon C h i g n i k R i v e r , L i m i t e d ( C h i g n i k Lake) C h i l k a t I n d i a n V i l l a g e o f Klukwan Chilkoot I n d i a n A s s o c i a t i o n o f Haines Chistochina Chitina C h i t i n a N a t i v e Corp. Choggiung, L t d . Chua t h b a l u k ( D i l l i n g h a m , Ekuk, P o r t a g e C r e e k )

*52834 Chugach A l a s k a C o r p o r a t i o n
Chuloonawick C o r p o r a t i o n Circle Clark's Point Cook I n l e t Region, Copper C e n t e r Counc i 1 Council Native Corporation Craig Inc.

O 2006 Thomson/West. No Claim t o O r i g .

U.S.

Govt. Works.

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 24 of 78 of 40 Page 24

5 3 FR 5 2 8 2 9 - 0 2 5 3 FR 5 2 8 2 9 - 0 2 , 1 9 8 8 WL 2 6 6 4 2 6 (F.R.)

Page 2 3

(Cite as: 53 FR 52829)

Craig Community Association Crooked Creek Cully Corp. (Point Lay) Danzhit Hanlaii Corporation (Circle) Deering, Native Village of Deering Deering Deloycheet, Inc. (Holy Cross) Dillingham Dineega Corporation (Ruby) Dinyee Corporation (Stevens) Diomede, Native Village of Diomede (aka Inalik) Diomede Native Corporation Dot Lake Dot Lake Native Corporation Douglas Indian Association Doyon, Limited Eagle Eek Egegik Eklutna, Inc. Eklutna Ekuk Ekwok Ekwok Natives, Ltd.

O 2006

Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 25 of 78 of 40 Page 25

53 FR 52829-02

Page 24
1988 WL 266426

53 FR 52829-02,

(F.R.)

( C i t e as: 53 FR 52829)

Elim Native Corporation Elim Elim, Native Village of Elim Emmonak Corporation Emmonak English Bay English Bay Corporation Evanville Evanville, Inc . Eyak Corporation Eyak False Pass Far West, Inc. (Chignik) Fort Yukon, Native Village of Fort Yukon Fort Yukon Gakona Galena Gambell Gambell, Native Village of Gambell Gana-'Yoo, Limited (Galena, Kaltag, Koyukuk Georgetown Gold Creek-Susitna Gold Creek-Susitna, Inc. Goldbelt, Inc. (Juneau)
&

Nulato)

O 2006

Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 26 of 78 of 40 Page 26

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
(Cite as: 53 FR 52829)

Page 25

Golovin Native Corporation Golovin Goodnews Bay Grayling Grayling, Organized Village of Grayling (aka Holikachuk) Gulkana Gwitchyaa Zhee Corporation (Fort Yukon) Haida Corporation (Hydaburg) Hamilton Healy Lake Hee-yea-lindge Corporation (Grayling) Holy Cross Hoonah Indian Association Hooper Bay Hughes Huna Totem (Hoonah) Hungwitchin Corporation (Eagle) Huslia Hydaburg Hydaburg Cooperative Association Igiugig Native Corporation Igiugig Iliarnna Natives, Ltd. Iliamna

O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 27 of 78 of 40 Page 27

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
(Cite as: 53 FR 52829)

Page 26

Inalik (aka Diomede) Ingalik, Inc. (Anvik) Inupiat Community of the Arctic Slope Iqfijouaq Company (Eek) Isanotski Corporation (False Pass) Ivanof Bay K'oyitl'ots'ina, Ltd. (Alatna, Allakaket, Hughes Kaguyak Kake, Organized Village of Kake Kake Tribal Corporation Kake Kaktovik Inupiat Corporation Kaktovik Kals kag Kaltag Kanatak, Native Village of Kanatak Karluk, Native Village of Karluk Karluk Kasaan, Organized Village of Kasaan Kasaan Kasigluk, Inc. Kasigluk Kavilco, Inc. (Kasaan) Kenai Native Association, Inc.
&

Huslia)

O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 28 of 78 of 40 Page 28

5 3 FR 5 2 8 2 9 - 0 2 5 3 FR 5 2 8 2 9 - 0 2 , 1 9 8 8 WL 2 6 6 4 2 6 (F.R.)

Page 27

( C i t e as: 53 FR 52829)

Kenaitze Indian Tribe Ketchikan Indian Corporation Kiana KianT'ree (Canyon Village) Kijik Corporation (Nondalton) Kikiktagruk Inupiat Corporation (Kotzebue) King Island Native Community King Island Native Corporation King Cove King Cove Corporation Kipnuk Kiutsarak, Inc. (Goodnews Bay) Kivalina, Native Village of Kivalina Kivalina Klawock Cooperative Association Klawock Klawock Heenya Klukwan, Inc. Knik Knikatnu, Inc. (Knik) Kobuk Kokarmiut Corporation (Akiak) Kokhanok Koliganek

O 2006

Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 29 of 78 of 40 Page 29

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
(Cite as: 53 FR 52829)

Page 28

Koliganek Natives, Ltd. Kongiganak Kongnikilnomiut Yuita Corporation (Bill Moore's) Koniag, Incorporated Koniag, Inc. (Karluk
&

Larsen Bay)

Koot znoowo, Inc. (Angoon) Kotlik Yupik Corporation Kotlik Kotzebue Kotzebue, Native Village of Kotzebue Koyuk Koyuk Native Corporation Koyuk, Native Village of Koyuk Koyukuk Kugkaktlik, Ltd. (Kipnuk) Kuskokwim Native Corporation (Aniak, Chuathbaluk, Crooked Creek, Georgetown, Lower Kalska, Red Devil, Napaimute, Sleetmute, Stony River, Upper Kalskag) Kuugpik Corporation (Nooiksut) Kwethluk, Organized Village of Kwethluk Kwethluk, Incorporated Kwethluk Kwigillingok, Native Village of Kwigilingok Kwigillingok Kwik, Inc. (Kwigillingok) Kwinhagak, Native Village of Kwinhagak (aka Quinhagak)
O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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53 F 52829-02 R 53 FR 52829-02, 1988 WL 266426 ( F . R . )

Page 29

(Cite as: 53 FR 52829)

L a r s e n Bay Leisnoi, Inc. (Woody I s l a n d ) Ltd.

Levelock, Natives, Levelock
Lime Village

L i m e V i l l a g e Company

Litnik Litnik, Inc. Lower Kals kag Manley Hot S p r i n g s Manokotak N a t i v e s , Manokotak Marshall Mary's I g l o o Mary's I g l o o N a t i v e C o r p o r a t i o n Maserculiq, Inc. McGrath Mekoryuk, N a t i v e V i l l a g e o f Mekoryuk, Mekoryuk Mendas Chaag N a t i v e C o r p o r a t i o n M e n t a s t a Lake M e t l a k a t l a I n d i a n Community, A n n e t t e I s l a n d R e s e r v e Minto Minto, N a t i v e V i l l a g e of M i n t o ( H e a l y Lake) I s l a n d o f Nunivak (Marshall) Ltd.

O 2006 Thomson/West.

No Claim t o O r i g . U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 31 of 78 of 40 Page 3 1

53 F 52829-02 R 53 F 52829-02, R 1988 WL 266426 ( F . R . )

Page 30

( C i t e as: 53 FR 52829)

Montana Creek N a t i v e A s s o c i a t i o n Montana Creek Mountain V i l l a g e MTNT, L t d . Nagamut Nagamut Naknek
NANA Regional C o r p o r a t i o n (Ambler, Buckland, Deering, Kiana, K i v a l i n a , Kobuk, Noatak, Noorvik, Selawik, & Shungnak)

(McGrath, N i k o l a i , Takotna

&

Telida)

Napaimute Napakiak C o r p o r a t i o n Napakiak N a t i v e V i l l a g e of Napakiak Napa kiak Napa k i a k Napakiak C o r p o r a t i o n N a t i v e s o f Kodiak N a t i v e s o f Afognak, Inc. (Afognak
&

Port Lions)

Neets' a i Corporation ( A r c t i c Village) Nelson Lagoon Nelson Lagoon C o r p o r a t i o n Nenana Nerklikmute N a t i v e C o r p o r a t i o n ( A n d r e a f s k i ) N w Stuyahok e Newhalen Newtok
O 2006 Thomson/West.

N Claim t o O r i g . U.S. Govt. Works. o

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 32 of 78 of 40 Page 32

53 FR 52829-02
5 3 FR 52829-02, 1988 W 266426 ( F . R . ) L

Page 31

(Cite as: 53 FR 52829)

Newtok Corporation NGTA, Inc. (Nightmute) Nightmute Nikolai Nikolski Nikolski, Native Village of Nikolski Nima Corporation (Mekoryuk) Ninilchik Ninilchik Native Association Noatak Noatak, Native Village of Noatak
*52835 Nome Eskimo Community

Nome (aka Nome Eskimo) Nondalton Nooiksut (aka Nuiqsut) Noorvik Native Community Noorvik Northway Northway Natives, Inc. Nulato Nunakauiak Yupik Corporation (Tooksok Bay) Nunamiut Corporation (Anaktuvuk Pass) Nunapiglluraq Corporation (Hamilton) Nunapitchuk

O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 33 of 78 of 40 Page 33

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
(Cite as: 53 FR 52829)

Page 32

Nunapitchuk, Ltd. Nunapitchuk, Native Village of Nunapitchuk Oceanside Corporation (Perryville) OHOG, Inc. (Ohogamiut) Ohogamiut Old Harbor Old Harbor Native Corporation Olgoonik Corporation (Wainwright) Olsonville Olsonville Oscarville Oscarville Native Corporation Ounalashka Corporation (Unalaska) Ouzinkie Native Corporation Ouzinkie Paimiut Corporation Paimiut Paug-vik, Incorporated, Ltd. (Naknek) Pauloff Harbor Pedro Bay Pedro Bay Native Corporation Perryville Perryville, Native Village of Perryville Petersburg Indian Association

O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 34 of 78 Page34of40

5 3 F 52829-02 R 5 3 F 52829-02, R 1988 W 266426 ( F . R . ) L

Page 33

(Cite as: 53 E 52829) R '

P i l o t Point Pilot Station p i l o t Point Native Corporation P i l o t Station, Inc. Pitka's Point P i t k a ' s Point Native Corporation Platinum P o i n t Hope P o i n t Lay P o i n t Hope, N a t i v e V i l l a g e o f P o i n t Hope Point Possession, I n c . P o i n t Lay, N a t i v e V i l l a g e o f P o i n t Lay Point Possession P o r t Heiden (Meshick) Port Lions P o r t Graham Port Alsworth P o r t Graham C o r p o r a t i o n P o r t W i l l i a m s (Shuyak) P o r t a g e Creek ( O h g s e n a k a l e ) P r i b i l o f A l e u t Communities o f S t . P a u l Qanirtuuq, Inc.
&

S t . George I s l a n d s

(Quinhagak a k a Kwinhagak)

Q e m i r t a l e k C o a s t C o r p o r a t i o n (Kongiganak) Quinhagak ( a k a Kwinhagak)

O 2006 Thomson/West.

N Claim t o O r i g . U.S. Govt. Works. o

Case 1:02-cv-01383-MMS

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Page 35 of 78 of 40 Page 35

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
(Cite as: 53 FR 52829)

Page 34

Rampa rt Red Devil Ruby Russian Mission or Chauthalue (Kuskokwim) Russian Mission (Yukon) Russian Mission Native Corporation Saguyak, Inc. (Clark's Point) Salamatof Native Association, Inc. Salamatof Sanak Corporation (Pauloff Harbor) Sand Point Savoonga Savoonga Native Corporation Savoonga, Native Village of Savoonga Saxman, Organized Village of Saxrnan Saxman Scammon Bay Sea Lion Corporation (Hooper Bay) Sealaska Corporation Selawik Selawik, Native Village of Selawik Seldovia Native Association, Inc. Seldovia Seth-de-ya-ah Corporation (Minto)

O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 36 of 78

53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
( C i t e as: 53 FR 52829)

Page 35

Shaan-Seet, Inc. (Craig) Shageluk Native Village Shageluk Shaktoolik, Native Village of Shaktoolik Shaktoolik Native Corporation Shaktoolik Shee Atika, Inc. (Sitka) Sheldon's Point Shishmaref, Native Village of Shishmaref Shishmaref Shishmaref Native Corporation Shumagin Corporation (Sand Point) Shungnak Shungnak, Native Village of Shungnak Shuyak, Inc. (Port Williams) Sitka Community Association Sitnasuak Native Corporation (Nome) Sleetmute Solomon Native Corporation Solomon South Naknek St. George Tanaq Corporation St. Mary's Native Corporation St. Michael, Native Village of St. Michael

O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 37 of 78 of 40 Page 37

53 FR 5 2 8 2 9 - 0 2 53 FR 5 2 8 2 9 - 0 2 ,
1 9 8 8 WL 2 6 6 4 2 6 (F.R.)

Page 3 6

(Cite as: 53 E 52829) R '

St. Michael Native Corporation St. George St. Mary's (aka Algaaciq) St. Michael St. Paul Stebbins Native Corporation Stebbins Community Association Stebbins Stevens Village Stevens, Native Village of Stevens Stony River Stuyahok, Ltd. (New Stuyahok) Swan Lake Corporation (Sheldon's Point) Takotna Tanacross, Inc. Tanacross Tanacross, Native Village of Tanacross Tanadgusix Corporation (St. Tanalian, Inc. (Port Alsworth) Tanana Tanana, Native Village of Tanana Tatitlek Tatitlek Corporation Tatitlek, Native Village of Tatitlek Paul)

O 2006

Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 38 of 78 of 40 Page 38

53 F 52829-02 R 5 3 F 52829-02, R 1988 W 266426 ( F . R . ) L

Page 37

( C i t e as: 53 FR 5 2 8 2 9 )

Tazlina Telida Teller T e l l e r Native Corporation Tetlin T e t l i n , Native V i l l a g e of T e t l i n T e t l i n Native Corporation T h i r t e e n t h Regional Corporation T i g a r a C o r p o r a t i o n ( P o i n t Hope) Tihteet'Aii, Inc. ( B i r c h Creek)

T o g h o t t e l e C o r p o r a t i o n (Nenana) Togiak N a t i v e s , L t d . Togiak Toksook Bay Tozitna, Ltd. Tulkisarmute, (Tanana) Inc. (Tuluksak)

Tuluksak N a t i v e Community Tuluksak Tuntutuliak T u n t u t u l i a k Land, L t d . Tununak Tununak, N a t i v e V i l l a g e of Tununak Tununrmiut R i n i t C o r p o r a t i o n Twin H i l l s (Tununak)

O 2006 Thomson/West.

N Claim t o O r i g . U . S . o

Govt. Works.

Case 1:02-cv-01383-MMS

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Page 39 of 78 of 40 Page 39

53 FR 5 2 8 2 9 - 0 2 5 3 FR 5 2 8 2 9 - 0 2 , 1 9 8 8 WL 2 6 6 4 2 6 ( F . R . )

Page 38

(Cite as: 53 FR 52829)

Twin Hills Native Corporation Tyonek, Native Village of Tyonek Tyonek Tyonek Native Corporation
-.

uganik Natives, Inc.

Uganik Ugashik Ukpeagvik Inupiat Corporation (Barrow) Umkumiut, Ltd . Umkumiut Unalakleet Unalakleet, Native Village of Unalakleet Unalakleet Native Corporation Unalaska Unga Unga Corporation Upper Kalskag Uyak Uyak Natives, Inc. Venetie, Native Village of Venetie Venetie Wainwright Wales Native Corporation Wales

O 2 0 0 6 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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53 FR 52829-02 53 FR 52829-02, 1988 WL 266426 (F.R.)
( C i t e as: 53 FR 52829)

Page 39

Wales, Native Village of Wales White Mountain, Native Village of White Mountain White Mountain Native Corporation White Mountain woody Isiana Wrangell Cooperative Association Yak-tat Kwaan, Inc. (Yakutat) Yakutat Zho-Tse, Inc. (Shageluk) Ross 0. Swimmer, Assistant Secretary, Indian Affairs. [FR Doc. 88-29990 Filed 12-28-88; BILLING CODE 4310-02-M 53 FR 52829-02, 1988 WL 266426 (F.R.) END OF DOCUMENT 8:45 am]

O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

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Page 41 of 78

Attachment No. 4 to Plaintiffs First Set of Requests for Admission

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

Page 42Page 2 of31 of 78

58 FR 54364-01 58 FR 54364-01, 1993 WL 420646 (F.R.)
(Cite a s : 5 8 FR 5 4 3 6 4 )

Page 1

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs Thursday, October 21, 1993
* 5 4 3 6 4 AGENCY: Bureau of Indian Affairs

ACTION: Notice. SUMMARY: Notice is hereby given of the revision and update of the list of entities recognized and eligible for funding and services from the Bureau of Indian Affairs and is published pursuant to 25 CFR part 83. FOR FURTHER INFORMATION CONTACT: Patricia Simmons, Bureau of Indian Affairs, Division of Tribal Government Services, 1849 C Street NW., Washington, DC 20240. Telephone number: (202) 208-7445. 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. Published below are lists of federally acknowledged tribes in the contiguous 48 states and in Alaska. The list for the contiguous 48 states is updated from the last such list published in 1988 to include tribes acknowledged through the Federal acknowledgment process and legislation. The list for Alaska has been substantially revised from the 1988 list of Alaska entities for the following reasons : In 1978 the Department of the Interior adopted regulations setting out "Procedures for Establishing That an American Indian Group Exists as an Indian Tribe." 43 FR 39361 (Sept. 5, 1978). The regulations "establish a departmental procedure and policy for acknowledging that certain American Indian tribes exist. Such acknowledgment of tribal existence by the Department is a prerequisite to the protection, services, and benefits from the Federal Government available to Indian tribes. Such acknowledgment shall also mean that the tribe is entitled to the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their status as Indian tribes as well as the responsibilities and
O

2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Attachment No. 4

http://print. westlaw.corddelivery .html?dest=atp&format=HTMl

to Plaintiffs First Set of Requests for Admission Samish Indian Nation v. Unitedstates, No 02-1383 (FedC1)

Case 1:02-cv-01383-MMS

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Page 43Page 3 of 3 1 of 78

Page 2 58 FR 54364-01, 1993 WL 420646 (F.R.) (Cite as: 58 FR 54364)

obligations of such tribes. Acknowledgment shall subject the Indian tribe to the same authority of Congress and the United States to which other federally acknowledged tribes are subjected." 25 CFR 83.2. Under the procedures, groups not recognized as tribes by the Federal Government may apply for Federal acknowledgment. Tribes, bands, pueblos or communities already acknowledged as such and receiving services from the Bureau of Indian Affairs were not required to seek acknowledgment anew. 25 CFR 83.3 (a), (b). To assist groups in determining whether they were required to apply, the procedures provided for the publication within 90 days of a list of "all Indian tribes which are recognized and receiving services from the Bureau of Indian Affairs." 25 CFR 83.6 (b). This list is to be updated annually. Ibid. The first list of acknowledged tribes was published in 1979. 44 FR 7325 (Feb. 9, 1979). The list used the term "entities" in the preamble and elsewhere to refer to and include all the various anthropological organizations, such as bands, pueblos and villages, acknowledged by the Federal Government to constitute tribes with a government-to-government relationship with the United States. A footnote defined "entities" to include "Indian tribes, bands, villages, groups and pueblos as well as Eskimos and Aleuts." 44 FR at 7325, n. *. The 1979 list did not, however, contain the names of any Alaska Native entities. The preamble stated that: "(t)he list of eligible Alaskan entities will be published at a later date." 44 FR at 7235. In 1982 the Department added to the list of tribal entities in the contiguous 48 states a "preliminary list" of Alaska Native entities under the heading Alaska Native Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs. 47 FR 53133 (Nov. 24, 1982). The preamble to this list stated: (U)nique circumstances have made eligible additional entities in Alaska which are not historical tribes. Such circumstances have resulted in multiple, overlapping eligibility of Native entities in Alaska. To alleviate any confusion which might arise from publication of a multiple eligibility listing, the following preliminary list shows those entities to which the Bureau of Indian Affairs gives priority for purposes of funding and services.

The meaning of this preamble was clarified by the 1982 list itself. The entities appearing on the list were traditional councils that were identified as tribes in the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. 1602(c), and that had been dealt with by the Bureau of Indian Affairs on a government-to-government basis and Indian Reorganization Act councils organized under the Indian Reorganization Act (IRA), 25 U.S.C. 473a, and dealt with on a government-to-government basis by the BIA. These entities parallel the kinds of entities listed on the list for the contiguous 48 states. Not listed on the
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

Document 41-4

Filed 05/08/2006

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Page 3 58 FR 54364-01, 1993 WL 420646 (F.R.)
(Cite as: 5 8 FR 5 4 3 6 4 )

Alaska list were regional, village and urban corporations organized under state law in accordance with ANCSA. These corporations are not governments, but they have been designated as "tribes" for the purposes of some Federal laws, primarily the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. 450b(b), creating the overlapping eligibility referred to in the preamble. The 1982 preamble, nonetheless, caused confusion as to the Department's intent. See, e.g., Board of Equalization v. Alaska Native Brotherhood, 666 P.2d 1015, 1024, n. 1 (Alaska 1983) (concurring opinion). A number of Alaska Native organizations complained * 5 4 3 6 5 that the preamble was ambiguous and cast doubt on the tribal status of Alaska Native villages and regional tribes. The statement was dropped from the subsequent lists published in 1983, 48 FR 56862 (Dec. 23, 1983); 1985, 50 FR 6058 (Feb. 13, 1985); and 1986, 51 FR 25118 (July 10, 1986). However, this deletion did not eliminate lingering uncertainties over whether inclusion on, or exclusion from, the Alaska Native entities list constituted an official determination of the United States government as to the tribal status of Native entities. In addition, in 1986, a number of Alaska Native entities complained that they had been wrongly omitted from the lists published between 1982 and 1986. In 1988, as part of the annual publication required by 25 CFR 83.6(b), the Department published a new list of Alaska entities. The 1988 list departed from the previous lists in a number of respects. Rather than being limited to traditional Native governments and governments reorganized under Federal law, as were the prior lists, the 1988 list was expanded to include nine categories of Alaska entities, including the state-chartered regional, village and urban corporations established pursuant to ANCSA. The number of listed entities thus more than doubled to 500. The preamble to the list stated that the revised list responded to a "demand by the Bureau and other Federal agencies * * * for a list of organizations which are eligible for their funding and services based on their inclusion in categories frequently mentioned in statutes concerning Federal programs for Indians." 53 FR at 52,832. The inclusion of non-tribal entities on the 1988 Alaska entities list departed from the intent of 25 CFR 83.6(b) and created a discontinuity from the list of tribal entities in the contiguous 48 states, which was republished as part of the same Federal Register notice. As in Alaska, Indian entities in the contiguous 48 states other than recognized tribes are frequently eligible to participate in Federal programs under specific statutes. For example, "tribal organizations" associated with recognized tribes, but not themselves tribes, are eligible for contracts and grants under the ISDA. 25 U.S.C. 450b(c), 450f, 450g. Unlike the Alaska entities list, the 1988 entities list for the contiguous 48 states was not expanded to include such entities. Even more significantly, the change to the Alaska entities list compounded, rather than resolved, the question of the status of Alaska tribes raised by prior lists. First, the list did not distinguish between entities listed on the basis of their status as tribes and non-tribal entities listed because of their eligibility to participate in Federal-programs under specific statutes. Second, it
O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Case 1:02-cv-01383-MMS

Document 41-4

Filed 05/08/2006

Page 45Page 5 of 3 1 of 78

Page 4 58 FR 54364-01, 1993 WL 420646 (F.R.)
(Cite as: 5 8 FR 5 4 3 6 4 )

omitted the language on some of the earlier lists which described the listed Indian groups as "Indian tribal entities which are recognized as having a special relationship with the United States" and instead included language applicable only to Alaska stating that: Inclusion on a list of entities already receiving and eligible for Bureau funding does not constitute a determination that the entity either would or would not qualify for Federal Acknowledgment under the regulations, but only that no such effort is necessary to preserve eligibility. Furthermore, inclusion on or exclusion from this list of any entity should not be construed to be a determination by this Department as to the extent of the powers and authority of that entity.
53 FR at 52,832. Finally, the 1988 list further confused the status of a number of specific entities by using names for some villages that were different from the names of these villages used by the Native traditional councils.

These changes in the 1988 publication have raised a number of questions with respect to the Department's intent and the effect of the 1988 list. The omission in the preamble of all references acknowledging the tribal status of the listed villages, and the inclusion of ANCSA corporations, which lack tribal status in a political sense, called into question the status of all the listed entities. Numerous Native villages, regional tribes and other Native organizations objected to the 1988 list on the grounds that it failed to distinguish between Native corporations and Native tribes and failed to unequivocally recognize the tribal status of the listed villages and regional tribes. In January 1993 the Solicitor of the Department of the Interior issued a comprehensive opinion analyzing the status of Alaska Native villages as "Indian tribes," as that term is commonly used to refer to Indian entities in the contiguous 48 states. The Solicitor analyzed the unique circumstances of Alaska Native villages. After a lengthy historical review, the Solicitor concluded that there are tribes in Alaska: By the time of enactment of the IRA (Indian Reorganization Act of 1934, as amended in 1936), the preponderant opinion was that Alaska Natives were subject to the same legal principles as Indians in the contiguous 48 states, and had the same powers and attributes as other Indian tribes, except to the extent limited or preempted by Congress. What constitutes a tribe in the contiguous 48 states is sometimes a difficult question. So also is it in Alaska. The history of Alaska is unique, but so is that of California, New Mexico and Oklahoma. While the Department's position with regard to the existence of tribes in Alaska may have vacillated between 1867 and the opening decades of this century, it is clear that for the last half century, Congress and the Department have dealt with Alaska Natives as though there were tribes in Alaska. The fact that the Congress and the Department may not have dealt with all Alaska Natives as tribes at all times prior to the 1930's did not
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2006 Thomson/West. No Claim to Orig. U.S. Govt. Works

Case 1:02-cv-01383-MMS

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Filed 05/08/2006

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(Cite as: 58 FR 54364)

preclude it from dealing with them as tribes subsequently. Sol. Op. M-36,975, at 46, 47-48 (Jan. 11, 1993) The Solicitor found it unnecessary for the purposes of his opinion to identify specifically those villages which are tribes, although he observed that Congress's listing of specific villages in the Alaska Native Claims Settlement Act and the repeated inclusion of such villages within the definition of "tribe" over the 20 years since the passage of ANCSA arguably constituted a congressional determination that the villages found eligible for benefits under ANCSA, referred to as the "modified ANCSA list," are considered Indian tribes for purposes of Federal law. M-36,975, at 58-59. In view of the foregoing, and to comply with the requirement of 25 CFR 83.6(b), the Department of the Interior has determined it necessary to publish a new list of Alaska tribal entities. The Bureau of Indian Affairs has reviewed the "modified ANCSA list" of villages and the list of those villages and regional tribes previously listed or dealt with by the Federal Government as governments and found that the villages and regional tribes listed below have functioned as political entities exercising governmental authority and are, therefore, acknowledged to have "the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their status as Indian tribes as well as the responsibilities and obligations of such tribes." The purpose of the current publication is to publish an Alaska list of entities conforming to the intent of 25 CFR 83.6(b) and to eliminate any doubt as to the Department's intention by expressly and unequivocally acknowledging that the Department has determined that the villages and regional tribes listed below are distinctly Native communities and have the same status as tribes in the contiguous 48 states. Such acknowledgement of tribal existence by the Department is a prerequisite to the protection, services, and benefits from the Federal Government available to *54366 Indian tribes. This list is published to clarify that the villages and regional tribes listed below are not simply eligible for services, or recognized as tribes for certain narrow purposes. Rather, they have the same governmental status as other federally acknowledged Indian tribes by virtue of their status as Indian tribes with a government-to-government relationship with the United States; are entitled to the same protection, immunities, privileges as other acknowledged tribes; have the right, subject to general principles of Federal Indian law, to exercise the same inherent and delegated authorities available to other tribes; and are subject to the same limitations imposed by law on other tribes. [FNl] EX1 Sol. Op. M-36,975 concluded, construing general principles of Federal Indian law and ANCSA, that "notwithstanding the potential that Indian cou