Acting ‘Regional Director, Pacific Region ‘San Pasqual Band of Mission Indians - Blood Degree Correction Deputy Bureau Director Tribal Services ‘Azin; Chief, Division of Tribal Government Services In accordance withthe Bureau of Indian Affairs Policy, dated July 26, 1965, Determining Degree of Indian Blood, we are forwarding for your review and final decision for Modesta (Martinez) Conteras's degree of Indian blood correction. Modesta Contreras is 2 deceased enrolled member and is listed onthe Base Roll forthe San Pasqual Band of Mission Indians. This request was submitted through the Band's Enrollment Committe and San Pasqual Tribal Council who recommended approval, via the Bureau of Indian Affairs, Superintendent, Southern California Agency, who recommended disapproval In accordance with the Band’s' Constitution, Article I, Section 2, provides that ‘membership shall be approved “according to the Code of Federal Regulations, Title 25, Part 48.1 through 48.15 and an enrollment ordinance which shall be approved bythe Secretary of the Interior”. The Band has never developed an enrollment ordinance. In the memorandum provided by the Agency there are no specific criteria in the Band's ‘Constitution and Bylaws or in the 25 CFR regulations tht pertain tothe enrollment of Indians ofthe San Pasqual Band of Mission Indians that proves a process for degree of fndian blood changes. Upon review ofthe all the documents presented by all parties, we have concluded that ‘he preponderance of evidence does not justify the degree of Indian blood change for ‘Modesta (Martinez) Contreras. We base our analysis ofthe situation as fllows: ‘The request for Modesta (Martinez) Conteras to increase her blood degree from % to 4d is based on the Certified copy ofthe San Pasqual indian Census Roll dated July 1955 and the June 30, 1910 San Pasqual Census Rol. ‘The June 30, 1910 Census fo the San Pasqual Mission Indians was used to determine the band’s membership bythe Secretary ofthe Interior on March 2, 1950 (25 CFR Part 48). The degree of San Pasqual Indian blood shown onthe membership roll was determined in accordance withthe Secretarial decision interpreting “blood ofthe Band” ‘to be the total degree of Indian Blood ofa person named on the basic membership ‘census rol ‘The 1955 Census Rol listed the parents of Modesta as: Guadlupe (Alto) Mariner and Jose Juan Martinez. The June 3, 1910 Census Rol lists Jose Juan Martinez #15, ‘without blood degree. In Modesta Conireras's own 1928 enrollment application ‘number 4507 her blood degree is %, and based on the 1928 enrollment spplication UY 3t/0b y‘number 4508 for Modest’s father, Jose Juan Manne, his blood degree is 4, substantiated by his parents as: Isbel Duro, 4/4 San Pasqual and Santiago Martinez, 4/4 Mexican. Also, copy ofthe original application for enzollment with the San Pasqual Band dated Apri 1, 1960, for Modest (Martine2) Contreras, indicates % for baer father, Jose Juan Martine. ‘We agree with the Agency thatthe evidence doesnot substantiate the blood degree change for Modesta (Martinez) Contreras, therefore we recommend disapproval ‘Your prompt review will be appreciated and should you have any questions regarding this subject, please contact, Shitley Lincoln, Tribal Operations Specialist, at (916) 978- (6063, or, Fred Doka J, Regional Tribal Operations Officer, at (916) 978-6067. ‘Atuchments ‘2: Superintendent, Southern California Agency, (without attachments) :131/063716-P5 Blood Degree Appeal Case File/Conteras, Modest (Martinez)