§ 852. VERMONT COMMISSION ON NATIVE AMERICAN AFFAIRS ESTABLISHED; AUTHORITY

Amend § 852(c)(2):

1) Commission shall have the authority, on behalf of the State of Vermont, to formally recognize tribes and bands.

2) To establish procedures for applications, subject to the criteria set forth in section xxx of this chapter, for state recognition of unrecognized tribes for the sole purposes specified in subsection 852(c) of this title.

RECOGNITION CRITERIA AND PROCESS Add §xxx: Definitions

1.”Applicant” means interested party seeking formal State tribal recognition.

2. “Commission” means the Vermont Commission on Native American Affairs.

3. “Nation,” “Tribe” or “Band” means an assembly of Native American people who are related to each other by blood and kinship, who trace their ancestry to a kinship group and has historically maintained influence or that has authority over its members.

4. “Recognized” means acknowledged as an Abenaki Nation, Tribe, or Band by the Vermont Commission on Native American Affairs.

5.”State” means the State of Vermont.

Add §xxx: Process for State Recognition of Abenaki Nations, Tribes, or Bands in the State of Vermont

The Vermont Native American Affairs Commission shall establish a procedure for applicants who seek formal State recognition as a Nation, Tribe or Band.

 
Applications shall be reviewed by the Commission.

 
If a two-thirds majority of the Commission members determine that an applicant meets the criteria set forth in this section for formal State tribal recognition.

A Commission member who is also a member of an applicant shall be disqualified from hearing and deciding the application for recognition.

 The Commission’s decision shall be final and not subject to administrative or judicial review.

§xxx: Commission Proceedings

Once a complete application is received by the Commission, it shall provide public notice that the application has been received and shall hold at least one public hearing on the application. All proceedings of the Commission on an application shall be public and all materials not exempt pursuant to 1 V.S.A. §317 submitted for the Commission’s consideration shall be made a part of the application record.

Add §xxx: GROUPS INELIGIBLE FOR RECOGNITION

The following groups and entities are ineligible to apply for State recognition under this chapter:

1.      Any group or entity, or successors in interests thereof, that has previously applied for and has been denied or refused Vermont recognition under this chapter unless the group or entity has new evidence in support of the application that was not reasonably available at the time of the prior application.

Add §xxx: COMMISSION ASSISTANCE TO APPLICANTS

An Applicant under this chapter may request technical assistance from the Commission. The Commission shall explain the administrative processes for applying for recognition. The assistance provided by the Commission shall be limited to technical assistance and an explanation of the process.

Add § xxx: Criteria for Recognition:

An application for State recognition must demonstrate the following:

1.      That a majority of the applicant’s members currently inhabit a particular geographic location within Vermont; and

2.      That the applicant has maintained a connection with Abenaki Tribes/Bands that have historically inhabited Vermont and that the applicant’s members are related to each other by blood or kinship, who trace their ancestry to a kinship group and has historically maintained influence or authority over its members.

b) The Commission shall determine whether the applicant meets the criteria for State recognition. The Commission may consult with historians, anthropologists, genealogists or other experts in reviewing and determining applications for recognition. The Commission shall consider the following information in determining whether an applicant meets the recognition criterion:

1. Written history, documents demonstrating a connection with their geographic area and the historical Abenaki homeland;

2. Letters, statements, oral traditions and documents from applicant, city, and county, State or federal authorities and other reliable sources that document a history of connection with applicant’s geographic areas;

3. Documentation of genealogy demonstrating relationships amongst the kinship groups to which the applicant belong;

4. Documented traditions, customs, and oral or written histories that demonstrate the applicant’s Abenaki cultural heritage;

5. Other compelling documentation acceptable to the Commission that shows the heritage of the applicant and the relationship to other groups;

6. A signed statement from the applicant’s leaders affirming that the information provided is true and accurate

7. The applicant will present documentation of their structure, membership criteria and the methods through which the applicants conducts its affairs.

8. Incorporation as a for-profit or non-profit organization does not in and of itself satisfy the recognition criteria set forth in this chapter.

Rule Making Authority

 The commission shall promulgate rules to implement the provision of this chapter.