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Monday, December 21, 2009

H-124 Abenaki Recognition Bill 2009:










BILL AS INTRODUCED H.124


2009 Page 1

www.leg.state.vt.us

1 H.124
2 Introduced by Representatives Consejo of Sheldon, Mrowicki of Putney,
3 Savage of Swanton and Young of St. Albans City
4 Referred to Committee on
5 Date:
6 Subject: Native Americans; recognition; arts and crafts
7 Statement of purpose: This bill proposes to recognize certain bands within the
8 Abenaki Nation as the original Native American tribes residing in Vermont, to
9 give the Vermont commission on Native American affairs the authority to
10 recognize other tribes and bands of Native Americans, and to set out the
11 procedures and criteria for granting recognition.
12 An act relating to recognition of tribes and bands of Native Americans by
13 the Vermont Commission on Native American Affairs
14 It is hereby enacted by the General Assembly of the State of Vermont:
15 Sec. 1. 1 V.S.A. § 852(b) and (c) are amended to read:
16 (b) The commission shall comprise be composed of seven members, who
17 are residents of Vermont and provide a broad representation of Native
18 American tribes and bands. The members shall be appointed by the governor
19 for two-year staggered three-year terms from a list of candidates compiled by
20 the division for historic preservation. The governor shall appoint a chair from

BILL AS INTRODUCED H.124
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among the members of the commission. The division 1 shall compile a list of
2 candidates’ recommendations from the following. The commission shall be
3 organized as follows:
4 (1) Recommendations from the Missisquoi Abenaki and other Abenaki
5 and other Native American regional tribal councils and communities in
6 Vermont Three members, one from each of the following three bands of the
7 Sovereign Abenaki Nation shall be appointed from a list of three candidates
8 offered by each of the following bands:
9 (A) The Abenaki Nation of the Missisquoi St. Francis/Sokoki Band,
10 now or formerly lead by Chief April St. Francis-Merrill.
11 (B) The Koasek Traditional Band of the Abenaki Nation of the Koas,
12 now or formerly led by Chief Nancy Millette.
13 (C) The Nulhegan Band, now or formerly led by Chief Luke Willard.
14 (2) Applicants Four members shall be appointed from a list of applicants
15 who apply in response to solicitations, publications, and website notification
16 by the division of historical preservation.
17 (3) The division for historic preservation of the department of housing
18 and community affairs shall provide administrative support to the commission
19 in carrying out the requirements of this section.

BILL AS INTRODUCED H.124
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(4) The commission shall be entitled to 1 per diem compensation and
2 actual and necessary expenses in accordance with 32 V.S.A. § 1010 for
3 meetings held for the purpose of acting on applications for recognition.
4 (c) The commission shall have has the authority to assist Native American
5 tribal councils, organizations, and individuals to do the following:
6 (1) Secure social services, education, employment opportunities, health
7 care, housing, and census information.
8 (2) Permit the creation, display, and sale of Native American arts and
9 crafts and legally to label them Legally label Native American-made arts and
10 crafts as Indian- or Native American-produced as provided in 18 U.S.C.
11 § 1159(c)(3)(B) and 25 U.S.C. § 305e(d)(3)(B).
12 (3) Receive assistance and support from the federal Indian Arts and
13 Crafts Board, as provided in 25 U.S.C. § 305 et seq.
14 (4) Become eligible for federal assistance with educational, housing, and
15 cultural opportunities.
16 (5) Establish and continue programs offered through the U.S.
17 Department of Education Office on Indian Education pursuant to Title VII of
18 the Elementary and Secondary Education Act established in 1972 to support
19 educational and cultural efforts of tribal entities that have been either state or
20 federally recognized.

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(6) Formally recognize tribes and bands of Native 1 Americans on behalf
2 of the state for the sole purpose specified in subdivisions (1) – (5) of this
3 subsection in compliance with section 853 of this title.
4 Sec. 2. 1 V.S.A. § 853 is amended to read:
5 § 853. RECOGNITION OF ABENAKI PEOPLE: CRITERIA;
6 PROCEDURE
7 (a) The state of Vermont recognizes the Abenaki people Nation and
8 recognizes all Native American people who reside in Vermont as a minority
9 population.
10 (b) The state of Vermont recognizes the following bands of the Abenaki
11 Natioin as original Native American tribes in Vermont:
12 (1) The Abenaki Nation of the Missisquoi St. Francis/Sokoki Band, now
13 or formerly led by Chief April St. Francis-Merrill.
14 (2) The Koasek Traditional Band of the Abenaki Nation of the Koas,
15 now or formerly led by Chief Nancy Millette.
16 (3) The Nulhegan Band, now or formerly led by Chief Luke Willard.
17 (c) Recognition of the Native American or Abenaki people provided in
18 subsection (a) of under this section or by the general assembly shall be for the
19 sole purposes specified in subsection 852(c) subdivisons 852(c)(1) – (5) of this
20 title and shall not be interpreted to provide any Native American or Abenaki

BILL AS INTRODUCED H.124
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person individual with any other special rights or privileges 1 that the state does
2 not confer on or grant to other state residents.
3 (c)(d) Recognition procedure:
4 (1) For the purpose of this section:
5 (A) “Applicant” means a Native American nation, tribe, or band
6 seeking formal state recognition.
7 (B) “Nation,” “tribe,” or “band” means an assembly of Native
8 American or Indian people who are related to each other by blood and kinship
9 and who trace their ancestry to a kinship group that has historically maintained
10 influence and authority over its members.
11 (C) “Recognized” means acknowledged as a Native American tribe
12 or band by the Vermont general assembly or the Vermont commission on
13 Native American affairs.
14 (2) Applications for recognition shall be submitted to the commission
15 which shall review the application and documentation to determine compliance
16 with subdivision (6) of this subsection. The commission may recognize an
17 applicant if two-thirds of the commission members eligible to vote determine
18 that an applicant meets the criteria set forth in this section. A commission
19 member who is a member of an applicant group or who has an economic or
20 other conflict of interest shall be disqualified from participating in the
21 consideration or vote on the application for recognition.

BILL AS INTRODUCED H.124
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(3) No later than 10 days after receipt of an application, 1 the commission
2 shall schedule at least one public hearing. The commission shall provide
3 public notice of the application and the time and location of the hearing at least
4 five days prior to the hearing. All proceedings on an application shall be
5 public, and the application and supporting documentation are not exempt from
6 the provisions of section 317 of this title and shall become part of the
7 application record. The commission may consult with historians,
8 anthropologists, genealogists, or other experts during its deliberations
9 regarding recognition.
10 (4) An applicant or successor that has been denied recognition by the
11 commission is ineligible to reapply unless the applicant provides new evidence
12 or documentation to support the application, and that evidence or
13 documentation was not reasonably available at the time of the initial
14 application.
15 (5) Upon request, the commission shall provide an applicant with
16 technical assistance, including an explanation of the recognition process.
17 (6) An application for recognition shall include a signed statement from
18 the applicant’s leaders affirming that the information is true and accurate. Any
19 individual seeking recognition on behalf of a tribe or band shall be a Vermont
20 resident. The application shall be accompanied by documentation of all the
21 following:

BILL AS INTRODUCED H.124
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(A) The relationship by blood and kinship 1 of the members of the
2 applicant tribe or band or their ancestral connection to a kinship group.
3 (B) Historical maintenance of the following by the applicant group:
4 (i) Continuous connections with Abenaki tribes or bands that have
5 historically inhabited Vermont and with that geographic area and the historical
6 Abenaki homeland.
7 (ii) Influence and authority over its members.
8 (C) Genealogy that demonstrates the relationships among the kinship
9 groups to which the applicant belongs.
10 (D) Traditions, customs, oral stories, and histories of Abenaki
11 cultural heritage.
12 (E) The structure, membership criteria, and process by which the
13 tribe or band conducts its affairs.
14 (7) Recognition of any tribe or band may be revoked or an application
15 for recognition rejected if the commission finds that the applicant made any
16 material misrepresentations.
17 (e) This chapter shall not be construed to recognize, create, extend, or form
18 the basis of any right or claim to land or real estate in Vermont for the Abenaki
19 people or any Abenaki individual and shall be construed to confer only those
20 rights specifically described in this chapter.

BILL AS INTRODUCED H.124
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http://www.leg.state.vt.us/
Sec. 3. CONDITIONAL 1 RECOGNITION
2 (a) For the purposes of the Indian Arts and Crafts Act of 1990, Public Law
3 101-644 (104 stat 4663-64), as amended, the state of Vermont recognizes the
4 following bands of the Abenaki Nation on the condition that each band that has
5 not yet been recognized by the commission submits to the commission by
6 March 1, 2011, information required by 1 V.S.A. § 854(f):
7 (1) The Abenaki Nation of the Missisquoi St. Francis Sokoki Band, now
8 or formerly led by Chief April St. Francis-Merrill.
9 (2) The Koasek Traditional Band of the Abenaki Nation of the Koas,
10 now or formerly led by Chief Nancy Millette.
11 (3) The Nulhegan Band, now or formerly led by Chief Luke Willard.
12 (b) No more than six months after receipt of the application, the
13 commission shall review the application and supporting documentation or
14 request supplemental or further clarifying information that must be submitted
15 within two months after the request, unless more time is granted by the
16 commission.
17 (c) No later than eight months after receipt of an application for recognition
18 or two months after receipt of any supplemental or additional clarifying
19 information, the commission shall hold a hearing and decide whether
20 recognition of the bands listed in subsection (a) of this section shall be
21 continued or revoked.

BILL AS INTRODUCED H.124
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1 Sec. 4. SUNSET

2 Sec. 3 of this act (conditional recognition) shall be repealed on January 15,
3 2013.
4 Sec. 5. EFFECTIVE DATE
5 This act shall take effect on passage.

Recent Developments Within Vermont and New Hamsphire Regarding These Alleged And Reinvented Abenaki Groups:





DOCUMENT 01: Cross-reference the various Newspaper Articles (that have been posted in this blog!) from the mid-1970's on forward with these Incorporation's into the contemporary timeframe. Also pay attention to the names of the parties in each Inc.
File Name ~Organization Name ~ Registered Agent ~Officers ~State of Vermont

N-00020-0 11/02/1976 Abenaki Self-Help Association, Inc. April Merrill. Officers: Brenda Gagne, Rachel May-Whitebear, Felicia Gagne, Peter Ebare, Jeffrey Benay, Kenneth Maskell, Dave Skings. Terminated: 11/22/2000. Reinstated: 02/20/2008.**

N-00021-0 07/11/1977 Abenaki Land Trust. R. Kent Ouimette. V. Jean Ouimette. Last Biennial Report filed: 12/31/1978. Terminated: 06/23/1989.**

N-00017-0 05/22/1978 Abenaki Educational Development Corp. April A. Rushlow. Officers: Homer St. Francis Sr., April A. Rushlow, Carol Delorme, Debra Bergeron, Harlan LaFrance, Anna Louko.**

N-02011-0 07/17/1978 Kdakinna Pobatamwogan Medicine Society. Duane Ouimette. **

N-01198-0 12/26/1979 Eastern Woodlands Band of the Abenaki Nation.
Carmen G. Allen, Richard Phillips, Emerson Garfield, Clifford Phillips. Terminated 06/23/1989.**

N-00019-0 02/08/1980 Abenaki Nation/ Vermont -Kdakinna Pobatamwogan Medicine Society. Terminated 06/23/1989. Officers: Arthur W. Seymore, Wayne J. Hoague, Richard Phillips. Terminated 06/23/1989.**

N-00018-0 03/18/1981 Abenaki Housing Cooperative. April A. Rushlow. Officers: Carol Delorme, Debra Bergeron, Homer St. Francis II, Rhonda Miller.

V-31127-0 10/26/1982 Abenaki Endeavors, Inc. Kittell Branagan and Sargent. Officers: (President) Homer W. St. Francis, (Secretary) Michael A. Delaney, (Director1) John Churchill, (Director2) Bernard Robtoy.

N-07484-0 12/16/1991 Abenaki Tribal Land Trust. Homer St. Francis. Officers: Harlan LaFrance, April Rushlow, Carol Delorme, Burton DeCarr.

N-07485-0 12/16/1991 Abenaki Development Corporation. Homer St. Francis. Officers: Peter Pelissier, Amie Hakey, Carol Delorme, Jeff Sise.

N-08024-0 04/16/1993 Odanak Abenakis of Vermont, Inc. Richard R. Bernier. Officers: (Officer1) Richard R. Bernier, (Officer2) Tina Delabruere, (officer3) Stacie Lee Baker, (Officer4) Richard R. Bernier. Tradename.***

Document 02:
N-09089-0 01/12/1996 Traditional Abenaki of Mazipskwik and Related Bands. Ina Delaney. Officers: (Officer1) Claude Bake, (Officer2) Catherine Westhaven, (Officer3) Ina Delaney, (Officer3) Ina Delaney. Last Biennial Report filed: 02/28/2002. Terminated: 06/25/2004. Reinstated: 08/07/1998.

0104915 02/08/1996 Abenaki Construction-Missisquoi Masonry. Charles Delaney II-Megeso.

N-09217-0 05/15/1996 Abenaki Resource Management, Inc. Homer St. Francis. Officers: (Officer1) Homer W. St. Francis, (Officer2) April A. Rushlow, (Officer3)Carol Delorme, (Officer4) Carol Delorme, (Officer5) Jeff Sose, (Officer6) Donna Roberts, (Officer7) April A. Rushlow. Terminated: 11/22/2000.*

N-09257-0 07/16/1996 Winter Center for Indigenous Traditions. John Moody. Officers: (Officer1) Donna Roberts Moody, (Officer2)?, (Officer3) Wanda Pockette, (Officer4) Wanda Pockette, (Officer5) Donna Roberts Moody, (Oficer6) Wanda Pockette. Last Biennial Report filed: 04/30/2008. Terminated: 11/22/2000. Reinstated: 09/30/2002.

N-09373-0 11/20/1996 Alnobak Nebeskiak, Inc. Bea Nelson.

V-59450-0 11/07/1997 Abenaki Natural Beverage, Inc. April A. Rushlow. Officers: (President) Frederick Wiseman, (Vice President) Roy Bergeron, (Secretary) Jane Kiser, (Treasurer) Anna Louko, (Director1) April A. Rushlow, (Director2) Harlan LaFrance, (Director3) Anna Roy.

N-10074-0 10/20/1998 The Abenaki Nation of Vermont, Inc. Bruce Delorme. Officers: Paul W. Pouliot, Gail Demers, Denise K. Pouliot, Rene Blanchette, Arlene Andresen.*

N-11065-0 04/11/2001 Clan of the Hawk, Inc. Andrew Swett. Officers: (Officer1) Ralph Swett, (Officer2) Andrew Swett, (Officer3) Gail Ruggles, (Officer4) Ralph Swett, (Officer5) Ralph Swett, (Officer6) Andrew Swett, (Officer7) Gail Ruggles.*

N-11748-0 12/13/2002 Gedakina, Inc. Judy Dow. Officers: (Officer1) Rick Pouliot, (Officer2) Judy Dow, (Officer3) Melinda Neff, (Officer4) Susan Soctomah, (Officer6) Natalie Michell, (Officer7) Cathleen Wilson.

0007395 04/24/2003 Abenaki Group, Inc.Vicki Soutiere Expiration Date: 08/24/2003.

N-24884-0 08/25/2004 Nulhegan Band of the Coosuk-Abenaki People, Inc. Nancy Cote-Rolls. (Officer5) Luke Willard, (Officer6), Nancy Cote-Rolls, (Officer7), Dawn Macie. Wit/Dissolve: 10/25/2004.

N-25547-0 02/15/2006 Nulhegan Band of the Coosuk-Abenaki People, Inc. Dawn Macie. (Officer1) Dawn Macie, (Officer2) Luke Willard, (Officer3) Nancy Cote. Terminated 06/06/2008.

Document 03:
0146594 03/02/2006 Cowasuck-Horicon Traditional Council of the Sovereign Abenaki. Member 1: Howard F. Knight Jr. Member 2: Emerson Garfield. Member 3: Brian Chenevert. Cessated on: 05/02/2006. Status: Inactive. Tradename. ***

N-25565-0 03/02/2006 AHA “Abenaki Helping Abenaki, Inc.” Dawn Macie. Officers: (Officer1) Luke Willard, (Officer2) Dawn Macie (?), (Officer3) Billie Largy, (Officer4) Doug Iverson, (Officer5) Dawn Macie, (Officer6) Luke Willard, (Officer7) Billie Largy. Last Biennial Report filed: 06/30/2008. Terminated: 06/06/2008. Reinstated: 07/09/2008.

0104915 04/05/2006 Abenaki Construction-Missisquoi Masonry. Charles Delaney II-Megeso. Tradename.

N-25641-0 05/02/2006 Cowasuck-Horicon Council of the Abenaki in Vermont, Inc. Sachem Emerson “Spirit Bear” Garfield. Officers: (Officer1) Emerson Garfield, (Officer2-3) Kimberly Merriam, (Officer5) Emerson Garfield, (Officer6) Kimberly Merriam, (Officer7) Ashley Alexander.**

0156264 06/24/2008 White Pine Association. Nancy Millette. Officers: Peggy Fullerton, Colleen Chase, Mike Fenn.

0157824 12/23/2008 Koasek Traditional Band of the Koas Abenaki Nation. John Prescott – Nancy Millette – Shirley Hook. Tradename.

N-30389-0 04/07/2009 Cowasuck of North America, Inc. Howard F. Knight Jr. Officers: (Officer5) Nathan Pero, (Officer6) Matthew R. Knight, (Officer7) Morris Pero.*

GO TO: http://www.sec.state.vt.us/corps/index.htm for any verification of these above named Incorporations and or Tradename Entities.

REMEMBER: ALL of the Information, Dates, Names, etc. you can cross-reference from within this blog's documents that are posted, and also within the Document Commentary.

For Example: CLICK ON THIS LINK http://reinventedvermontabenaki.blogspot.com/search?q=%22Richard+Phillips%22 Go down below the Incorporation and Trade Name List to the second Posting and begin to cross-reference the historical events; the dates; the names. Review the Names, the Date's, and realize that the COLLUSION was going on years ago ca. 1976 up into the early 1980's, and even up into 2006; etc.

These "groups" of alleged and reinvented Abenakis in Vermont and New Hampshire (including Massachusetts) were "pushing" and "influencing" Political Agents/ Legislative Representatives of Vermont and New Hampshire to BELIEVE that these "groups" were legitimately genealogically and historically from the Abenaki People's......but genealogically and historically it is proven that they are NOT from the Abenaki People's nor connected to the Abenaki Ancestors.

Today, in December 2009, these Alleged and Reinvented "Abenaki" "groups" calling themselves Missisquoi/St. Francis - Sokoki, Koasek, Cowasuck, Coos, Nulhegan, etc etc, having incorporated in either VT or NH, and or multiple States such as CA, WA, RI, MA, etc. these Representive's of the various "groups" are again "pressuring" "deceiving" "manipulating" and out-right lying" to the Governmental Legislative Representatives who stupidly sympathize with these "groups" to give these "groups" of supposed "Abenakis" Official State Recognition. Refusing to SHOW and PROVIDE the documentary evidence from outside and from within their perspective groups and families, that they are indeed truthfully descended from the Abenaki People!

When it is SHOWN and PROVIDED that these "groups" of alleged "Abenakis" cannot and will not SHOW and PROVIDE to the Legislature for adequate review and evaluation the merits and foundations of their proclamations and self proclaimed Abenaki Identity, these "groups" and their "Chiefs" or "Representatives" scream "paper geneocide", "we were in the Eugenics", or "we were hiding in plain sight".

Far from telling the honest truth about their ancestral connections, they will "hide" the truth, just as they have tried to "hide" every document thats on this blog from the Public and from the Legislature's in Vermont and or New Hampshire.

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