Here's an article from ICT. Very interesting on what is required from the applicant, there's no mention of any genealogical documentation, hmmmm.
Vermont establishes recognition process for Abenaki bands and tribes
By Gale Courey Toensing
Story Published: Jun 17, 2010
MONTPELIER, Vt. – After years of frustration, distrust, divisiveness and recrimination, Vermont now has a process in place to give state recognition to the area’s Abenaki bands and tribes.
In a May 14 ceremony, Vermont Gov. Jim Douglas signed into law S. 222, An act relating to state recognition of Native American Indian tribes in Vermont, while a group of Abenaki leaders looked on.
Although it was the culmination of a long struggle, Abenaki leaders say S. 222 falls short of what Vermont’s indigenous people need and deserve, but it’s a first step in an ongoing process.
Commission Chairman Charles Delaney-Megeso, a Mazipskwik (Missisquoi) Abenaki, gave his perspective on the process as he stepped down from the commission.
“This year’s work on S. 222 has, I hope, given us another quarter of a loaf and gotten us that much closer to what we need and rightfully deserve as Indians. Although this law still leaves much work to be done, it does give N’dakinna’s (Vermont’s) aboriginal peoples a clear process for gaining recognition, something the previous law did not.”
Delaney-Megeso, who has served as chair since last November, and other commissioners were required to step down as a result of the passage of the bill.
Efforts to establish a state recognition process have been so contentious that the commission has had three chairmen since its creation in 2006.
The first, Mark Mitchell, St. Francis/Sokoki Band of Abenaki Indians of Missisquoi, resigned in September 2008 after a two-year tug of war with the state. He said the commission’s powers were “illusory.”
Donald Stevens, also a St. Francis/Sokoki member, served from September 2008 to May 2009. He resigned, telling the governor that conflicts among the Native groups would not be overcome until the state made changes in the legislation.
Under the new bill, the number of commissioners will increase from seven to nine members appointed by the governor for staggered two year terms. The state’s Division for Historic Preservation recommend candidates to the governor that are selected by the state’s recognized tribes – once they are recognized.
“As new people apply to reform the Native Affairs Commission, I hope that they are chosen for their dedication and driving vision to better all aspects of Vermont Indians’ lives. I believe that it is crucial that the incoming commissioners want to help heal wounds and dysfunctions in the Native community,” Delaney-Megeso said.
The state recognition process is complex and involves three levels of authorization: the commission, a review committee, and approval by the legislature.
A band or tribe that wants to be recognized by the state will file an application with the commission and will have to comply with eight seemingly overlapping criteria. The applicant must have:
•a majority of members must reside in “a specific location within Vermont;”
•a “substantial number” of members must be related to each other by kinship;
•a connection with Native American Indian tribes and bands that have historically inhabited Vermont;
•a documented historical “organizational structure” and authority over its members;
•“an enduring community presence” in Vermont documented by archaeology, ethnography, physical anthropology, history, folklore, or other scholarly research and data;
•organized “in part” to preserve, document, and promote its Native American Indian culture and history as reflected in its bylaws, and to address the social, economic, political or cultural needs of the members with ongoing educational programs and activities;
•documented traditions, customs, oral stories, and histories that signify the applicant’s Native American heritage and connection to its historical homeland;
•not been recognized as a tribe in any other state, province, or nation.
The commission will review the application and hold a public hearing. An application normally will be processed in one year.
The commission will set up a three-member review panel for each application. The panel will provide a detailed written report of its review and supporting documentation and make a recommendation to grant or deny recognition. Commission members will recuse themselves from their own tribes’ applications. Review panel members must be approved by the commission and the applicant.
The application then returns to the commission for an additional review and detailed written report, and if state recognition is recommended, the matter goes forward to the legislature for approval.
The commission’s recommendation to deny recognition is final, but an applicant can reapply if new information comes forward to support recognition.
The original 2006 bill that created the commission – S. 117 – was flawed. It recognized Vermont’s Abenaki “people” and “all Native American people who reside in Vermont as a minority population” instead of specifically naming the St. Francis/Sokoki Band of Abenaki Indians of Missisquoi and other Abenaki bands and tribes as state recognized tribes.
The original language also didn’t meet the criteria for Native artists to label their productions under the federal Indian Arts and Crafts Act, and the situation reached a level of absurdity when Jesse Larocque, a master Abenaki basket maker who receives federal grants for his work was issued a federal cease and desist order from the Indian Arts and Crafts Board to stop labeling his work as made by an Abenaki Indian.
The new bill still recognizes Indians who live in Vermont as “an ethnic minority.”
It also reveals the state’s underlying uneasiness about recognizing its indigenous people: fear of federal recognition, land claims, and Indian casinos.
“According to a public affairs specialist with the U.S. Bureau of Indian Affairs (BIA), state recognition of Indian tribes plays a very small role with regard to federal recognition. ... State-recognized Native American Indian tribes and their members will continue to be subject to all laws of the state, and recognition shall not be construed to create any basis or authority for tribes to establish or promote any form of prohibited gambling activity or to claim any interest in land or real estate in Vermont,” the bill says.
