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FOR FURTHER INFORMATION CONTACT: Eric Dated: September 27, 2006. a 180-day period for comment on the
Stevenson, Director, Policy Division, Brian D. Montgomery, Proposed Finding and at the petitioner’s
Office of Multifamily Development, Assistant Secretary for Housing—Federal request this comment period was
Department of Housing and Urban Housing Commissioner. extended three times to close on May 2,
Development, 451 Seventh Street, SW., [FR Doc. 06–8422 Filed 9–29–06; 8:45 am] 2005. This determination is made
Washington, DC 20410–8000, BILLING CODE 4210–67–P following a review of the BLB’s
Telephone: (202) 708–1142 (this is not response to the Proposed Finding. No
a toll-free number). Hearing- or speech- third parties submitted comments on
impaired individuals may access these DEPARTMENT OF THE INTERIOR the Proposed Finding.
numbers through TTY by calling the This Final Determination concludes
Federal Information Relay Service at Bureau of Indian Affairs that the petitioner is eligible to be
(800) 877–8339 (this is a toll-free evaluated under section 83.8 with a last
number). Final Determination for the Burt Lake date of acknowledgment as of 1917.
Band of Ottawa and Chippewa Indians, Under 83.8(d)(5), the petitioner was
SUPPLEMENTARY INFORMATION: Inc. evaluated under criterion 83.7(a), which
requires that the petitioner be identified
Introduction AGENCY: Bureau of Indian Affairs, as an American Indian entity on a
Interior. substantially continuous basis, from the
HUD’s regulations at 24 CFR 207.252,
ACTION: Notice of final determination. point of last Federal acknowledgment.
207.252a and 207.254 provide that
The available evidence demonstrates
instead of setting the MIP at one specific SUMMARY: Pursuant to 25 CFR 83.10(h), that external observers have identified
rate for all programs, the Secretary is notice is hereby given that the Associate the petitioning group as an American
permitted to change an MIP program by Deputy Secretary (ADS) has determined Indian entity on a substantially
program within the full range of HUD’s that the Burt Lake Band of Ottawa and continuous basis since 1917, the date of
statutory authority of one fourth of one Chippewa Indians, Inc., c/o Mr. Curtis last Federal acknowledgment.
percent to one percent of the Chambers, does not satisfy all seven Criterion 83.7(b), as modified by
outstanding mortgage principal per criteria for acknowledgment as an section 83.8(d)(2), requires that a
annum through a notice, as provided in Indian tribe in 25 CFR 83.7. predominant portion of the petitioning
section 203(c)(1) of the National DATES: This determination is final and group comprise a distinct community
Housing Act (the Act) (12 U.S.C. will become effective 90 days from and exist as a community at present.
1709(c)(1)). The regulation states that publication of the Final Determination, The BLB submitted evidence from ghost
HUD will provide a 30-day period for pursuant to 25 CFR 83.10(l)(4), unless a supper sign-in sheets, photographs,
public comment on notices changing request for reconsideration is filed funeral records, and interviews
MIPs in multifamily insured housing pursuant to 25 CFR 83.11. submitted by the petitioner to
programs. supplement materials already in the
ADDRESSES: Requests for a copy of the
summary evaluation of the evidence record. The evidence demonstrates that
Public Comments
should be addressed to the Office of the the BLB as defined by its membership
The public comment period for the Assistant Secretary—Indian Affairs, list is not a community. More than half
notice of proposed MIP changes for Attention: Office of Federal of the petitioner’s members only rarely
FY2006, published on June 28, 2006 (71 Acknowledgment, 1951 Constitution if ever participate in activities with
FR 36968) closed on July 28, 2006. By Avenue, NW., MS: 34B–SIB, other BLB members. The evidence
the close of the public comment period, Washington, DC 20240. demonstrates further that the BLB
approximately 359 public comments petitioner’s core social community is
FOR FURTHER INFORMATION CONTACT: R. part of a greater Burt Lake community
were received by the Department, of Lee Fleming, Director, Office of Federal
which the majority were in the nature composed predominantly of members of
Acknowledgment, (202) 513–7650. a federally recognized tribe, the Little
of a form letter. In addition to the
SUPPLEMENTARY INFORMATION: This Traverse Bay Bands of Odawa Indians
comments submitted by form letters,
notice is published in the exercise of (LTBB), and members of the BLB
several organizations submitted
authority delegated by the Secretary of petitioner. Neither the petitioner’s core
comments, and 121 members of the U.S.
the Interior to the ADS by Secretarial social community nor the petitioner
House of Representatives and 26 U.S.
Order 3259, of February 8, 2005, as itself is distinct from this greater Burt
Senators signed a comment letter amended on August 11, 2005, and on Lake community. Further, the
opposing the increase in MIPs for March 31, 2006. peripheral members of BLB are more
FY2007. In addition to the opposition This notice is based on a likely to interact socially with older
by Congressional members, virtually, all determination that the Burt Lake Band parents or grandparents and other
of the public comments were opposed to of Ottawa and Chippewa Indians, Inc. relatives enrolled in LTBB than with
the MIP increases in a number (BLB) does not satisfy all of the seven non-relatives in BLB. The BLB
multifamily housing programs, citing a mandatory criteria for acknowledgment petitioner does not meet criterion
variety of problems that could occur in 25 CFR 83.7, as modified by section 83.7(b) because it is not a distinct social
within individual programs and raising 83.8. The acknowledgment process is community at present, as the regulations
questions about HUD’s cost justification based on the regulations at 25 CFR part require.
for the increases. 83. Under these regulations, the Criterion 83.7(c), as modified by
FY 2007 Mortgage Insurance Premiums petitioner has the burden to present section 83.8(d)(3), requires that the
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57996 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices
provided sufficient evidence of political entity. The BLB submitted a days after the publication of the final
identifications of leaders or of a membership list dated April 2005, determination in the Federal Register.
governing body of the petitioning group identifying 320 members, and including The final determination will become
by authoritative, knowledgeable all categories of information required by effective as provided in the regulations
external sources on a substantially section 83.7(e)(2). This represents a 90 days from the Federal Register
continuous basis since 1917. The BLB removal of 624 of the 857 members who publication unless a request for
petitioner does not meet criterion appeared on the group’s December 2002 reconsideration is filed within that time
83.7(c), under the provisions of section membership list, and an addition of 87 period.
83.8(d)(5), because it has not provided new members. Dated: September 21, 2006.
a combination of evidence sufficient to The FD found that 68 percent, or 218
James E. Cason,
demonstrate that the petitioning group of the 320 BLB members, could
Associate Deputy Secretary.
has maintained political influence or satisfactorily document descent from
authority over its members from 1917 to the historical band. The 102 members [FR Doc. E6–16191 Filed 9–29–06; 8:45 am]
the present. From 1917 into the 1970’s, who could not document descent from BILLING CODE 4310–G1–P
itself. Therefore, the BLB petitioner After the publication of notice of the required if a currently valid Office of Management
and Budget (OMB) number is not displayed; the
meets criterion 83.7(d). final determination, the petitioner or OMB number is 3117–0016/USITC No. 07–5–159,
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Criterion 83.7(e) requires that the any interested party may file a request expiration date June 30, 2008. Public reporting
petitioner’s membership consist of for reconsideration with the Interior burden for the request is estimated to average 10
individuals who descend from a Board of Indian Appeals (IBIA) under hours per response. Please send comments
regarding the accuracy of this burden estimate to
historical Indian tribe or from historical the procedures set forth in section 83.11 the Office of Investigations, U.S. International Trade
Indian tribes which combined and of the regulations. This request must be Commission, 500 E Street, SW., Washington, DC
functioned as a single autonomous received by the IBIA no later than 90 20436.
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