February  15, 2008

 9am

Date:

Subject:  General provisions; Native Americans; Native American affairs commission

Statement of purpose:  This bill proposes to grant the Vermont commission on Native American affairs the authority to officially recognize tribes and bands of Native Americans and sets out procedures and criteria for the commission to follow.

AN ACT RELATING TO RECOGNITION OF TRIBES AND BANDS OF NATIVE AMERICANS BY THE VERMONT COMMISSION ON NATIVE AMERICAN AFFAIRS.

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  1 V.S.A. § 852(c)(6) and (7) are added to read:

(6)  On behalf of the state of Vermont, formally recognize tribes and bands of Native Americans.

Sec. 2.  1 V.S.A. § 854 is added to read:

§ 854.  CRITERIA AND PROCEDURE FOR RECOGNITION OF TRIBES AND BANDS

(a)  Definitions.  For the purposes of this section:

(1)  “Applicant” means an interested party seeking formal state recognition of a tribe or band.

(2)  “Commission” means the Vermont commission on Native American affairs.

(3)  “Nation,” “tribe,” or “band” means an assembly of Native American/Indian people who are related to each other by blood and kinship, and who trace their ancestry to a kinship group and which has historically maintained influence and authority over its members.

(4)  “Recognized” means acknowledged as an Abenaki tribe or band by the Vermont general assembly.

(5)  “State” means the state of Vermont.

(b)  Process for state recognition of Abenaki tribes or bands in the state of Vermont.  The commission shall establish procedures for applicants who seek recognition as a 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 state recognition, the commission shall recommend to the general assembly that it provide state recognition to the applicant.  A commission member who is also a member of an applicant group shall be disqualified from hearing and deciding the application for recognition.  The commission’s decision and recommendation to the general assembly shall be final and not subject to administrative or judicial review.

(c)  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 materials not exempt pursuant to 1 V.S.A § 317 submitted for the commission’s consideration shall be made part of the application record.

(d)  Groups ineligible for recognition.  Any group or entity, or successors in interests thereof, that has previously applied for and has been denied or refused 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, shall be ineligible to apply for state recognition under this chapter.

(e)  Commission assistance to applicants.  A group or entity seeking recognition as a tribe or band under this chapter shall request technical assistance from the commission.  The commission shall explain the administrative process for applying for recognition.  The assistance provided by the commission shall be limited to technical assistance and an explanation of the process.

(f)  Criteria for recognition as a tribe or band.

(1)  An application for state recognition must demonstrate the following:

(A)  That a majority of the applicant’s members currently inhabit a particular geographic location within Vermont;

(B)  That the applicant’s members are related to each other by blood and kinship and trace their ancestry to a kinship group;

(C)  That the applicant group has maintained a connection with Abenaki tribes or bands that have historically inhabited Vermont; and

(D)  That the applicant group has historically maintained influence and authority over its members.

(2)  The commission shall determine whether the applicant meets the criteria for state recognition.  The commission may consult with an historian or anthropologist, genealogist, 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 criteria:

(A)  Written history that documents continuous connection with its geographic area and the historical Abenaki homeland.

(B)  Letters, statements, oral stories, and documents from band, city, county, state, or federal authorities and other reliable sources that document a history of continuous connection with applicant’s geographic areas.

(C)  Documentation of genealogy demonstrating relationships among the kinship groups to which the applicant belongs.

(D)  Documented traditions, customs, oral stories, and histories that demonstrate the group’s Abenaki cultural heritage.

(E)  Other compelling documentation acceptable to the commission that shows the heritage and kinship relationships of the applicant.

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

(G)  Documentation of the structure, membership criteria, and methods through which the applicant conducts its affairs.

(3)  Incorporation as a for-profit or nonprofit organization does not in and of itself satisfy the recognition criteria set forth in this act.

(g)  Rulemaking authority.  The commission shall adopt rules to implement the provisions of this chapter.