Summary under the Criteria and Evidence for the Proposed Finding for Acknowledgment ofthe Shinnecock Indian Nation (Petitioner #4) Prepared in response to a petition submitted to the Secretary ofthe Interior of Federal Acknowledgment that this group exists as an Indian tribe. Approved on: D·e.~\~ ~-------- cipal Deputy Assistant Secretary Indian Affairs This page is intentionally left blank. ii ABBREVIATIONS AND/OR ACRONYMS USED IN THIS REPORT ADS Associate Deputy Secretary of the Department of the Interior ANA Administration for Native Americans APA Administrative Procedures Act ASIA Assistant Secretary – Indian Affairs BIA Bureau of Indian Affairs CFR Code of Federal Regulations DOI The Department of the Interior Ex. Documentary exhibit FD Final Determination FR Federal Register FTM Family Tree Maker™ genealogical database program IBIA Interior Board of Indian Appeals IRA Indian Reorganization Act the List The Recognized Tribes List NARF Native American Rights Fund NY The State of New York OFA Office of Federal Acknowledgment PDAS-IA Principal Deputy Assistant Secretary – Indian Affairs PF Proposed Finding RG Record Group SHN Shinnecock Indian Nation; also “the petitioner,” “the Shinnecock petitioner” TA Technical Assistance, as in “TA review letter,” or “TA review meeting” U.S. United States iii This page is intentionally left blank. iv Summary under the Criteria and Evidence for the Proposed Finding for Acknowledgment of the Shinnecock Indian Nation (Petitioner #4) TABLE OF CONTENTS INTRODUCTION Processing the Petition under the Stipulation and Order for Settlement of May 26, 2009 ..........................................................................1 Administrative History.........................................................................................................3 Historical Overview and Historical Indian Tribe .................................................................8 PREVIOUS FEDERAL ACKNOWLEDGMENT (25 CFR Part 83.8) .......................................15 SUMMARY CONCLUSIONS UNDER THE CRITERIA (25 CFR Part 83.7) ...........................21 Criterion 83.7(a) .................................................................................................................23 Criterion 83.7(b) ................................................................................................................29 Criterion 83.7(c) .................................................................................................................35 Criterion 83.7(d) ................................................................................................................87 Criterion 83.7(e) .................................................................................................................99 Criterion 83.7(f) ...............................................................................................................117 Criterion 83.7(g) ..............................................................................................................119 v SUPPORTING MATERIALS Appendix A: A Full Discussion of the Petitioner’s Claim for Unambiguous Previous Federal Acknowledgment (25 CFR §83.8) Appendix B: Stipulation and Order for Settlement of Plaintiff’s Unreasonable Delay Claim Appendix C: Preliminary Review of Shinnecock Petitioner for Priority Provision Waiver Appendix D: Four 18th Century Claimed Shinnecock Ancestors Appendix E: Diagrams Showing Continuity of Leadership 1792 to 1835 Appendix F: Description of Pre-1865 Evidence FIGURES and TABLES Map of Suffolk County, New York ............................................................... following page BIBLIOGRAPHY OF SOURCE MATERIALS vi FigureFigure 1:1: MapMap ofof SuffolkSuffolk County,County, NewNew YorkYork Note: Map features and labels are approximate. Long Island Sound Smithtown Bay ShelterShelter IslandIsland SoutholdSouthold WadingWading RiverRiver Montauk HuntingtonHuntington RiverheadRiverhead SagSag Point Nassau SmithtownSmithtown County HarborHarbor Great Peconic Bay BrookhavenBrookhaven EastEast HamptonHampton CanoeCanoe PlacePlace IslipIslip SouthamptonSouthampton BabylonBabylon Present-day Poospatuck Reservation Shinnecock Bay QuogueQuogue Present-day Shinnecock Reservation Moriches Bay Atlantic Ocean Additional land that was part of the Great South Bay pre-1859 Shinnecock Reservation Miles 02468 Source: This map was modified by the Office of Federal Acknowledgment from a Suffolk County Government map which, in turn, was created from a USGS national elevation dataset. This page is intentionally left blank viii Shinnecock Indian Nation (Petitioner #4) Proposed Finding Introduction INTRODUCTION Processing the Petition under the Acknowledgment Regulations and the Stipulation and Order for Settlement of May 26, 2009 The Acting Principal Deputy Assistant Secretary – Indian Affairs (PDAS-IA) prepares this proposed finding (PF) in response to the petition received from the Shinnecock Indian Nation (“the Shinnecock petitioner” or “the petitioner”), located on Long Island in Suffolk County, New York. The Shinnecock petitioner seeks Federal acknowledgment as an Indian tribe under Part 83 of Title 25 of the Code of Federal Regulations (25 CFR Part 83), as “Procedures for Establishing that an American Indian Group Exists as an Indian Tribe.” Through the acknowledgment regulations at 25 CFR Part 83, a non-federally recognized group may seek Federal acknowledgment of a government-to-government relationship with the United States as an Indian tribe. To establish this political relationship, the petitioner must submit evidence that it meets the seven mandatory criteria set forth in §83.7 of the regulations, demonstrating that it has existed socially and politically from historical times to the present and descends from a historical Indian tribe. Failure to meet any one of these criteria will result in a determination that the group is not an Indian tribe within the meaning of Federal law. This PF meets the December 15, 2009, deadline the petitioner and U.S. negotiated in a settlement agreement that the Court approved by order on May 26, 2009, in Shinnecock v. Salazar, No. CV- 06-5013, 1 (E.D.N.Y.). See Appendix B for a copy of the Stipulation and Order for Settlement (Agreement). In Shinnecock v. Salazar, the Shinnecock petitioner alleged, among other things, that the Department of the Interior (Department) unreasonably delayed deciding its acknowledgment petition. The schedule for processing the Shinnecock petition under the Agreement is summarized below and differences between this schedule and the regulatory time- lines are discussed. After the Department issues a PF, the acknowledgment regulations at §83.10(i) provide a 180- day “comment period” for petitioners, interested and informed parties, and the public to submit comments on the PF. While it did not change the standards for evaluating the acknowledgment criteria, the Agreement shortens this and some of the other procedural time-lines of the regulations. For the Shinnecock petition, publication of the PF in the Federal Register initiates a 90-day comment period. The petitioner, any interested or informed parties, and the public may submit arguments and evidence to support or rebut the evidence relied on in the PF during this 90-day period. However, if the Shinnecock petitioner or an interested party requests additional time in writing, the comment period will be extended to the full 180-days that would otherwise be available under the regulations. Comments on the PF should be submitted in writing to the Office of the Assistant Secretary – Indian Affairs, 1951 Constitution Ave., N.W., Washington, D.C. 20240, Attention: Office of Federal Acknowledgment, Mail Stop 34B-SIB. Interested or informed parties must provide a copy of their comments to the petitioner. 1 Shinnecock Indian Nation (Petitioner #4) Proposed Finding Introduction During the comment period, the Shinnecock petitioner and the interested parties may request the AS-IA hold a formal, on-the-record technical assistance (TA) meeting to discuss the PF. The acknowledgment regulations provide for such meetings at §83.10(j)(2). To accommodate the shortened comment period, requests for a formal TA meeting on the Shinnecock PF must be received within 30 days of the published PF Federal Register notice. A request for a formal TA meeting under the regulations must be made in writing and be consistent with the guidelines issued for such meetings. 25 CFR §83.10(j)(2). The acknowledgment regulations at §83.10(k) provide petitioners 60 days to respond to comments on the PF submitted by interested or informed parties, but the Agreement shortens this period to 30 days. This reduced “response period” starts automatically at the close of the comment period. The petitioner may request to restore the full 60-day response period, although it must notify the Department in writing prior to the close of the 30-day response period. If interested or informed parties do not provide submissions during the comment period or if Shinnecock submits a written waiver to the interested and informed party submissions, the response period will not apply. Within two weeks of the close of the response period (or the close of the comment period if neither the petitioner nor parties submit comments or Shinnecock waives its response period to submissions), DOI will consult with parties to determine an equitable timeframe for consideration of all written arguments and evidence received during the comment and response periods. The Acting PDAS-IA will