§ 851. Findings
The General Assembly finds that:
(1) At least 1,700 Vermonters claim to be direct descendants of the several indigenous
Native American peoples, now known as Western Abenaki tribes, who originally inhabited
all of Vermont and New Hampshire, parts of western Maine, parts of southern Quebec,
and parts of upstate New York for hundreds of years, beginning long before the arrival
of Europeans.
(2) There is ample archaeological evidence that demonstrates that the Missisquoi and Cowasuck
Abenaki were indigenous to and farmed the river floodplains of Vermont at least as
far back as the 1100s A.D.
(3) The Western Abenaki, including the Missisquoi, have a very definite and carefully
maintained oral tradition that consistently references the Champlain Valley in western
Vermont.
(4) State recognition confers official acknowledgment of the long-standing existence in
Vermont of Native American Indians who predated European settlement and enhances dignity
and pride in their heritage and community.
(5) Many contemporary Abenaki families continue to produce traditional crafts and intend
to continue to pass on these indigenous traditions to the younger generations. In
order to create and sell Abenaki crafts that may be labeled as Indian- or Native American-produced,
the Abenaki must be recognized by the State of Vermont.
(6) 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. The only exception is when a state recognized a tribe before 1900.
(7) At least 15 other states have recognized their resident indigenous people as Native
American Indian tribes without any of those tribes previously or subsequently acquiring
federal recognition.
(8) 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. (Added 2005, No. 125 (Adj. Sess.), § 1, eff. May 3, 2006; amended 2009, No. 107 (Adj. Sess.), § 1, eff. May 14, 2010.)
§ 852. Vermont Commission on Native American Affairs established; authority
(a) In order to recognize the historic and cultural contributions of Native Americans
to Vermont, to protect and strengthen their heritage, and to address their needs in
State policy, programs, and actions, there is hereby established the Vermont Commission
on Native American Affairs (the “Commission”).
(b) The Commission shall be composed of nine members appointed by the Governor for staggered
two-year terms from a list of candidates compiled by the Division for Historic Preservation.
The Governor shall appoint members who have been residents of Vermont for a minimum
of three years and reflect a diversity of affiliations and geographic locations in
Vermont. A member may serve for no more than two consecutive terms, unless there are
insufficient eligible candidates. The Division shall compile a list of candidates
from the following:
(1) Recommendations from Native American communities residing in Vermont. Once a Native
American Indian tribe has been recognized under this chapter, a qualified candidate
recommended by that tribe shall have priority for appointment to fill the next available
vacancy on the Commission.
(2) Individuals who apply to the Division for Historical Preservation. Candidates shall
indicate their residence and Native American affiliation.
(c) The Commission shall:
(1) elect a chair each year;
(2) provide technical assistance and an explanation of the process to applicants for State
recognition;
(3) compile and maintain a list of professionals and scholars for appointment to a review
panel;
(4) appoint a three-member panel acceptable to both the applicant and the Commission to
review supporting documentation of an application for recognition and advise the Commission
of its accuracy and relevance;
(5) review each application, supporting documentation and findings of the review panel,
and make recommendations for or against State recognition to the legislative committees;
(6) assist Native American Indian tribes recognized by the State to:
(A) secure assistance for social services, education, employment opportunities, health
care, and housing;
(B) develop and market Vermont Native American fine and performing arts, craft work, and
cultural events; and
(7) develop policies and programs to benefit Vermont’s Native American Indian population
within the scope of the Commission’s authority.
(d) During fiscal year 2011, the Commission shall meet at least three times a year and
at any other times at the request of the Chair and Commission, members shall receive
a per diem pursuant to 32 V.S.A. § 1010. In fiscal year 2012 and thereafter, the Commission shall meet as needed but members
shall receive a per diem pursuant to 32 V.S.A. § 1010 no more than six times a year. The Division for Historic Preservation within the
Agency of Commerce and Community Development shall provide administrative support
to the Commission, including providing communication and contact resources.
(e) The Commission may seek and receive funding from federal and other sources to assist
with its work. (Added 2005, No. 125 (Adj. Sess.), § 1, eff. May 3, 2006; amended 2009, No. 107 (Adj. Sess.), § 3, eff. May 14, 2010; 2011, No. 3, § 99.)
§ 853. Criteria and process for State recognition of Native American Indian tribes
(a) For the purposes of this section:
(1) “Applicant” means a group or band seeking formal State recognition as a Native American
Indian tribe.
(2) “Legislative committees” means the House Committee on General and Housing and the
Senate Committee on Economic Development, Housing and General Affairs.
(3) “Recognized” or “recognition” means acknowledged as a Native American Indian tribe
by the Vermont General Assembly.
(4) “Tribe” means an assembly of Native American Indian people who are related to each
other by kinship and who trace their ancestry to a kinship group that has historically
maintained an organizational structure that exerts influence and authority over its
members.
(b) The State recognizes all individuals of Native American Indian heritage who reside
in Vermont as an ethnic minority. This designation does not confer any status to any
collective group of individuals.
(c) In order to be eligible for recognition, an applicant must file an application with
the Commission and demonstrate compliance with subdivisions (1) through (8) of this
subsection, which may be supplemented by subdivision (9) of this subsection:
(1) A majority of the applicant’s members currently reside in a specific geographic location
within Vermont.
(2) A substantial number of the applicant’s members are related to each other by kinship
and trace their ancestry to a kinship group through genealogy or other methods. Genealogical
documents shall be limited to those that show a descendency from identified Vermont
or regional native people.
(3) The applicant has a connection with Native American Indian tribes and bands that have
historically inhabited Vermont.
(4) The applicant has historically maintained an organizational structure that exerts
influence and authority over its members that is supported by documentation of the
structure, membership criteria, the names and residential addresses of its members,
and the methods by which the applicant conducts its affairs.
(5) The applicant has an enduring community presence within the boundaries of Vermont
that is documented by archaeology, ethnography, physical anthropology, history, folklore,
or any other applicable scholarly research and data.
(6) The applicant is organized in part:
(A) to preserve, document, and promote its Native American Indian culture and history,
and this purpose is reflected in its bylaws;
(B) to address the social, economic, political, or cultural needs of the members with
ongoing educational programs and activities.
(7) The applicant can document traditions, customs, oral stories, and histories that signify
the applicant’s Native American heritage and connection to their historical homeland.
(8) The applicant has not been recognized as a tribe in any other state, province, or
nation.
(9) Submission of letters, statements, and documents from:
(A) municipal, State, or federal authorities that document the applicant’s history of
tribe-related business and activities;
(B) tribes in and outside Vermont that attest to the Native American Indian heritage of
the applicant.
(d) The Commission shall consider the application pursuant to the following process, which
shall include at least the following requirements:
(1) The Commission shall:
(A) provide public notice of receipt of the application and supporting documentation;
(B) hold at least one public hearing on the application; and
(C) provide written notice of completion of each step of the recognition process to the
applicant.
(2) Established appropriate time frames that include a requirement that the Commission
and the review panel shall complete a review of the application and issue a determination
regarding recognition within one year after an application and all the supporting
documentation have been filed, and if a recommendation is not issued, the Commission
shall provide written explanation to the applicant and the legislative committees
of the reasons for the delay and the expected date that a decision will be issued.
(3) A process for appointing a three-member review panel for each application to review
the supporting documentation and determine its sufficiency, accuracy, and relevance.
The review panel shall provide a detailed written report of its findings and conclusions
to the Commission, the applicant, and legislative committees. Members of each review
panel shall be appointed cooperatively by the Commission and the applicant from a
list of professionals and academic scholars with expertise in cultural or physical
anthropology, Indian law, archaeology, Native American Indian genealogy, history,
or another related Native American Indian subject area. If the applicant and the Commission
are unable to agree on a panel, the State Historic Preservation Officer shall appoint
the panel. No member of the review panel may be a member of the Commission or affiliated
with or on the tribal rolls of the applicant.
(4) The Commission shall review the application, the supporting documentation, the report
from the review panel, and any other relevant information to determine compliance
with subsection (b) of this section and make a determination to recommend or deny
recognition. The decision to recommend recognition shall require a majority vote of
all eligible members of the Commission. A member of the Commission who is on the tribal
roll of the applicant is ineligible to participate in any action regarding the application.
If the Commission denies recognition, the Commission shall provide the applicant and
the legislative committees with written notice of the reasons for the denial, including
specifics of all insufficiencies of the application.
(5) The applicant may file additional supporting documentation for reconsideration within
one year after receipt of the notice of denial.
(6) An applicant may withdraw an application any time before the Commission issues a recommendation,
and may not file a new application for two years following withdrawal. A new application
and supporting documentation shall be considered a de novo filing, and the Commission
shall not consider the withdrawn application or its supporting documentation.
(7) [Repealed.]
(8) All proceedings, applications, and supporting documentation shall be public except
material exempt pursuant to subdivision 317(c)(40) of this title. Any documents relating to genealogy submitted in support of the application shall
be available only to the three-member review panel.
(e) An applicant for recognition shall be recognized as follows:
(1) by approval of the General Assembly;
(2) two years after a recommendation to recognize a tribe by the Commission is filed with
the legislative committees, provided the General Assembly took no action on the recommendation.
(f) A decision by the Commission to recommend denial of recognition is final unless an
applicant or a successor of interest to the applicant that has previously applied
for and been denied recognition under this chapter provides new and substantial documentation
and demonstrates that the new documentation was not reasonably available at the time
of the filing of the original application.
(g) Vermont Native American Indian bands and tribes and individual members of those bands
and tribes remain subject to all the laws of the State.
(h) Recognition of a Native American Indian tribe shall not be construed to create, extend,
or form the basis of any right or claim to land or real estate in Vermont or right
to conduct any gambling activities prohibited by law, but confers only those rights
specifically described in this chapter. (Added 2005, No. 125 (Adj. Sess.), § 1, eff. May 3, 2006; amended 2009, No. 107 (Adj. Sess.), § 4, eff. May 14, 2010; 2013, No. 142 (Adj. Sess.), § 80, eff. July 1, 2014.)