BCCM (#56a)—Proposed Finding TABLE OF CONTENTS INTRODUCTION ...........................................................................................................................1 SUMMARY CONCLUSIONS UNDER THE CRITERIA...........................................................10 Criterion 83.7(a).................................................................................................................12 Criterion 83.7(b) ................................................................................................................17 Criterion 83.7(c).................................................................................................................39 Criterion 83.7(d) ................................................................................................................62 Criterion 83.7(e).................................................................................................................63 Criterion 83.7(f) .................................................................................................................69 Criterion 83.7(g) ................................................................................................................70 FIGURES APPENDICES BIBLIOGRAPHY Summary under the Criteria for the Amended Proposed Finding on the BILOXI, CHITIMACHA CONFEDERATION OF MUSKOGEES, INC. INTRODUCTION The Office of the Assistant Secretary - Indian Affairs (AS-IA) within the Department of the Interior (Department) issues this proposed finding in response to the petition the Department received from the group known as the Biloxi, Chitimacha Confederation of Muskogees, Inc. (BCCM) of Louisiana. The petitioner seeks Federal acknowledgment as an Indian tribe under Part 83 of Title 25 of the Code of Federal Regulations (25 CFR Part 83), “Procedures for Establishing that an American Indian Group Exists as an Indian Tribe.” The evidence in the administrative record, submitted by the BCCM petitioner and third parties and obtained by Department staff through its verification research, is insufficient to demonstrate that the petitioner meets all seven mandatory criteria required for Federal acknowledgment. Specifically, the petitioner does not meet criteria 83.7(b), 83.7(c), 83.7(d), or 83.7(e). The petitioner meets criteria 83.7(a), 83.7(f) and 83.7(g). An explanation of the Department’s evaluation of each criterion is presented in sections that follow this introduction. In accordance with the regulations set forth in 25 CFR 83.10(m), failure to meet any one of the criteria in section 83.7 requires a determination that the petitioning group is not an Indian tribe within the meaning of Federal law. Therefore, the Department proposes to decline to acknowledge that the BCCM petitioner is an Indian tribe. Regulatory Procedures The acknowledgment regulations under 25 CFR Part 83 establish procedures by which an Indian group may seek Federal acknowledgment as an Indian tribe with a government-to-government relationship with the United States. To be entitled to such a political relationship with the United States, the petitioner must submit evidence demonstrating that it meets the seven mandatory criteria set forth in section 83.7 of the regulations. Failure to meet any one of the mandatory criteria will result in a determination that the group is not an Indian tribe within the meaning of Federal law. The Office of Federal Acknowledgment (OFA) within the Office of the AS-IA has responsibility for administering the Federal acknowledgment regulations and evaluating petitions based on the evidence in the administrative record. BCCM (#56a): Proposed Finding The time periods for the evaluation of documented petitions are set forth in the acknowledgment regulations in section 83.10. Publication of the notice of a proposed finding in the Federal Register initiates a 180-day comment period during which the petitioner and interested and informed parties may submit arguments and evidence to support or rebut the evidence relied upon in the proposed finding. Such comments 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 and informed parties must provide a copy of their comments to the petitioner. The regulations, at 25 CFR 83.10(k), provide petitioners a minimum of 60 days to respond to any comments on the proposed finding submitted during the comment period. At the end of the response period for the proposed finding, OFA shall consult with the petitioner and interested parties to determine an equitable time frame for consideration of the arguments and evidence submitted during the comment and response periods. OFA shall notify the petitioner and interested parties of the date such consideration begins. After consideration of all arguments and evidence received during the comment and response periods, the AS-IA will issue a final determination regarding the petitioner’s status. The Department will publish a notice of this final determination in the Federal Register. The Petitioner The Biloxi, Chitimacha Confederation of Muskogees, Inc. (BCCM), Petitioner #56a, is a confederation of three subgroups each of which claims to be the continuation of a historical Indian community on a specific bayou in south-central Louisiana: the Bayou Lafourche Band, Grand Caillou/Dulac Band, and Isle de Jean Charles Band. BCCM claims to descend from the historical Biloxi, Chitimacha, Acolapissa, Atakapa, and Choctaw tribes, contending that individuals from those tribes came together in the late 1700’s and early 1800’s on the lower bayous of modern Terrebonne Parish. It does not claim to descend from the historical Houma tribe, although its members and their ancestors have been called “Houma” Indians since at least 1907. Most of BCCM’s members previously had been members of the United Houma Nation (UHN), Petitioner #56, which received a negative proposed finding in 1994. BCCM submitted a letter of intent to petition for Federal acknowledgment in 1995, soon after its current organization was formed. BCCM’s subgroups have adopted constitutions, but BCCM has not submitted a governing document for the confederation. BCCM has 2,545 members in its three subgroups. Administrative History The Department received a letter of intent to petition for acknowledgment as the Biloxi, Chitimacha Confederation of Muskogees on October 24, 1995. This letter followed a letter in 1995 from the group’s chairman that stated the “Indian communities of Grand Caillou, Pointe aux Chene, Isle de Jean Charles, Bayou DuLarge, and Montegut” had withdrawn from the UHN petitioner, which had received a negative proposed finding in December 1994 (59 F.R. 66118). - 2 - BCCM (#56a): Proposed Finding The group claimed ownership of the petition submitted by UHN. In 1996, BCCM advised the Department that “the Pointe aux Chene Indian Tribe has decided to seek federal recognition independently and should not be considered a member community of this confederation.” After receiving letters of intent to petition for Federal acknowledgment from the BCCM petitioner as well as the Pointe-au-Chien Indian Tribe (PACIT) petitioner, the Department took the position that the BCCM, PACIT, and UHN petitioners would be treated as “three separate, independent petitioners sharing a common original petition....” The Department advised the BCCM petitioner in 1996 of its decision to issue an “amended Proposed Finding” for BCCM, saying that, “[p]rocedurally, BCCM is being treated as a petitioner with a proposed finding....” The Department set a time period for BCCM to respond to the UHN proposed finding and submit its own petition documentation. The Department informed the BCCM petitioner that it would treat the petitioner as being “covered by the documented petition which was previously submitted” by the UHN petitioner. The Department also advised the petitioner that it should submit its governing document, its membership list, and a narrative responding to the UHN proposed finding. Based on this combination of new evidence and the original UHN petition documentation, the Department indicated it would issue “an amended Proposed Finding” that would “pertain specifically to the BCCM.” The amended proposed finding would also give the public an opportunity to comment on the BCCM petition. On November 6, 1996, BCCM submitted comments on the UHN petition plus its own petition documentation. BCCM submitted additional petition documentation on May 15, 1997. The BCCM petition has been considered to be in “active consideration” status, together with the original UHN petition, since filing its letter of intent. The Department notified BCCM that evaluation of its petition began on February 4, 2005, and a period to submit additional materials would close on April 15. Three subgroups of BCCM—“Bayou Lafourche,” “Grand Caillou/Dulac,” and “Isle de Jean Charles”—separately submitted petition documentation to the Department by April 15, 2005. BCCM’s submission in 1996 consisted of a cover letter accompanied by BCCM-designed UHN resignation forms, BCCM membership declaration forms, ancestry charts, individual history charts, and membership lists supplied by BCCM’s “Grand Caillou,” “Isle de Jean Charles,” “Lower Lafourche,” and “Bayou Dularge” subgroups. BCCM’s submission in 1997 consisted of a narrative report entitled “The BCCM Indians of Terrebonne and Lafourche Parishes,” compiled five-generation genealogies (and grandchildren