STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand TenAN ACT establishing a New Hampshire commission on Native American affairs and recognizing the Historic Abenaki Tribes: Koasek Traditional Band of the KOAS, NH Abenaki and all other Historic Abenaki Tribes who’s territory spans the CT River in VT and NH and other American Indian residents as a minority population in the state of New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Department of Cultural Resources; New Hampshire Commission on Native American Affairs. Amend RSA 21-K by inserting after section 23 the following new subdivision:
New Hampshire Commission on Native American Affairs 21-K:24 New Hampshire Commission on Native American Affairs Established.
I. In order to recognize the historic and cultural contributions of Native Americans to New Hampshire, to protect and strengthen their own heritage, and to address their needs in state policy, programs, and actions, there is hereby established the New Hampshire commission on Native American affairs.
II. The commission shall consist of 7 members who are residents of New Hampshire and Native American community leaders representing the diversity of the states' American Indian population.
(The governor shall appoint the initial members from a list of 15 candidates compiled by the New Hampshire Intertribal Native American Council on behalf of American Indian groups within the state.) STRIKE /CHANGE TO: NH Historical Resources, NH Commissioner of Cultuaral Affrairs will compile Native American members to present to the Governor to choose the 7 members commission members.
Thereafter, the governor shall appoint members based on recommendations submitted by (the commission.) STRIKE/ change to: NH Historical Resources, NH Commissioner of Cultuaral Affrairs will compile Native American members to present to the Governor to choose the 7 members commission members.
The Native American commission shall be nonpartisan. Each member of the commission shall serve a 3-year term, and no member shall serve more than 2 consecutive terms. Initial appointments by the governor shall be for staggered terms of one, 2, or 3 years.
III. The commission shall be vested with the authority to:
(a) Address issues common to Native Americans and persons of Native American
descent who are residing in this state.
(b) Promote and protect Native American arts in New Hampshire. This is moot. According to Federal Indian Arts and Craft Laws the only way an artist can claim they are Authentic is if the State or BIA recognizes historic tribes with full state recognition. Paul Pouliot of the Cowasuck Pennacook uses his Incorporation numbers to say he is federal recognized. He also says his number 151 on file with the BIA for a letter of Intent he wrote in 1995 makes him recognized. According to the BIA they have no clue who he is and a petition was never filed because he has no historic standing and would never meet the BIA federal petition for recognition. He has never been granted recognition in MA or Vt where he has tried to get recognized over the years.
BIA DEF For Recognition:
(c) Associations, organizations, corporations or groups of any character that have been formed in recent times may not be acknowledged under these regulations. The fact that a group that meets the criteria in § 83.7 (a) through (g) has recently incorporated or otherwise formalized its existing autonomous political process
The only way NH could possible protect Indian Arts and Crafts is to give state recognition to historically standing tribes in the state who the NH Historic Resources has worked with over the years including: NH Abenaki Charlie True, Koasek Abenaki of the Koas (Haverhill and Newbury) and Maybe NH Intertribal Council (Peter Newell) however that would need to be checked with BIA and Indian Arts and Craft Board. To my knowledge a State has NEVER recognized an Intertribal Council. States recognize HISTORIC tribes.
(c) Develop guidelines and policies to assist state agencies with state and federal laws pertaining to Indian affairs, such as:
(1) Preservation and protection of Native American artifacts and burial grounds under Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601. NH Historic Resources already does this.
(2) The Indian Child Welfare Act of 1978, 25 U.S.C., section 1902 et seq. This is dangerous. Paul Pouliot ( Cowasuck Pennacook) has on many occasions destroyed families by false claims against families because of his personal grievances with individuals. This part of the bill should only be under the supervision of NH State Child Welfare and Attorney General’s office!
(3) The Indian Arts and Crafts Act of SUMMARY: This rule adopts regulations to carry out Public Law 101-644,
LAWS CONCERNING INDIAN ARTS AND CRAFTS BIA and INDIAN ARTS AND CRAFT BOARD:
the Indian Arts and Crafts Act of 1990. The regulations define the nature and Indian origin of products that the law covers and specify procedures for carrying out the law.
EFFECTIVE DATES: November 20, 1996.
FOR FURTHER INFORMATION CONTACT:
Meridith Z. Stanton or Geoffrey E. Stamm, Indian Arts and Crafts Board, Room 4004-MIB, U.S. Department of the Interior, 1849 C Street, NW., Washington, DC 20240, telephone 202-208-3773 (not a toll-free call).
1990, P.L. 101-644.
The Indian Arts and Crafts Act of 1990 The Indian Arts and Crafts Act of 1990 (P.L. 101-644) is a truth-in-advertising law that prohibits misrepresentation in marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian Tribe or Indian arts and crafts organization, resident within the United States. For a first time violation of the Act, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.Under the Act, an Indian is defined as a member of any federally or State recognized Indian Tribe, or an individual certified as an Indian artisan by an Indian Tribe.
.R. 725: In dian Arts and Crafts Amendments Act of 2009 Congressional Research Service Summary
The following summary was written by the Congressional Research Service, a well-respected nonpartisan arm of the Library of Congress.
1/27/2009--Introduced.
Indian Arts and Crafts Amendments Act of 2009 - Amends the Indian Arts and Crafts Act of 1990 to: (1) authorize any federal law enforcement officer to conduct an investigation of an offense involving the sale of any good that is misrepresented as an Indian produced good or product that occurs within the jurisdiction of the United States; and (2) authorize the Indian Arts and Crafts Board to refer such an alleged offense to any federal law enforcement officer (currently, just to the Federal Bureau of Investigation (FBI)) for appropriate investigation. Permits a federal law enforcement officer to investigate such an alleged offense regardless of whether such officer receives a referral from the Board. Requires that the findings of an investigation of such an alleged offense by any federal department or agency be submitted to: (1) a federal or state prosecuting authority; or (2) the Board. Provides for the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); and (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. Allows the Board, in lieu of, or in addition to, any such criminal proceeding, to recommend that the Attorney General initiate a civil action. Revises: (1) requirements for the initiation of civil actions for misrepresentation of Indian produced goods; and (2) penalties for the misrepresentation of such goods.
(e) Indian tribe means—
(1) Any Indian tribe, band, nation, Alaska Native village, or any organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or
(2) Any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority. Sustained contact means the period of earliest sustained non-Indian settlement and/or governmental presence in the local area in which the historical tribe or tribes from which the petitioner descends was located historically
(b) Historical generally refers to programs or lands having a particular history that is relevant to the Tribe. For example, particular trails, forts, significant sites, or educational activities that relate to the history of a particular Tribe.
Definition of ‘‘Indian’’
The term ‘‘Indian’’ and the interrelated term ‘‘Indian Tribe’’ are defined by Congress by statute in the 1990 Act and may not be changed by regulation. As defined by the 1990 Act, however, the terms ‘‘Indian’’ and ‘‘Indian Tribe’’ already include, for purposes of sections 104, 105, and 107 of the 1990 Act, members of Staterecognized Tribes and Alaska Natives, as well as members of federally recognized Tribes.
Sections 104 and 105 of the 1990 Act
define ‘‘Indian’’ and ‘‘Indian Tribe’’ as follows:
‘‘The term ‘Indian’ means any individual who is a member of an Indian tribe, or for the purposes of this section is certified as an Indian artisan by an Indian tribe;’’
‘‘The term ‘Indian tribe’ means—‘‘Any Indian tribe, band, nation, Alaska Native village, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or ‘‘Any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority.’’ In response to the comment regarding the sale of art by individuals who are not members of federally or State recognized Tribes, but are of Indian descent, it should be noted that such individuals may market their goods as an Indian, provided they are certified as an ‘‘Indian artisan’’ by an Indian Tribe.
(d) Assist Native American tribal councils, organizations, and individuals to:
(1) Secure social services, education, employment opportunities, health care, housing, and census information. The Historic Tribes already does this (2) Permit the creation, display, and sale of Native American arts and crafts to legally label them as Indian- or Native American-produced, as provided in 18 U.S.C. section 1159(c)(3)(B) and 25 U.S.C. section 305e(d)(2). See above this is NOT legal with out state recognition of Historic Tribes
(3) Receive assistance and support from the federal Indian Arts and Crafts Board, as provided in 25 U.S.C. section 305 et seq. They will only assist if State recognizes Historic Tribes. You should study this and have committee meet with or talk with Indian Arts and Craft Board. Numbers and addresses are listed above
(4) Establish eligibility for federal assistance with educational, housing, and cultural opportunities. Historic Tribes already do this….
(5) Establish and/or continue programs offered through the U.S. Department of Education Office on Indian Education pursuant to Title VII of the Elementary and Secondary Education Act established in 1972 to support educational and cultural efforts of tribal entities that have been either state or federally recognized. Historic tribes already do this.
IV. The commission shall meet at least 4 times a year and at any other times at the request of the chairperson. The chairperson of the commission shall be elected by a majority vote of the commission members.
V. The commission is authorized to accept any gifts, grants, or donations from any public or private source, provided that such gifts, grants, or donations shall be used exclusively to advance the commission's purpose and duties. Members of the commission shall serve without compensation. Commission should NOT be allowed to gain financial help. It is up to the tribes to take care of their people and the commission should only be in place to assist Tribes with project NOT fund anything!
VI. Beginning November 1, 2011, and each year thereafter, the commission shall submit an annual report of its activities, findings, and recommendations to the governor, the speaker of the house of representatives, the senate president, the commissioner of the department of cultural resources, and the state library.
VII. The commission shall be administratively attached to the department of cultural resources.
2 Recognition of Abenaki People.
I. The state of New Hampshire recognizes the Abenaki people and recognizes
all Native American people who reside in New Hampshire as a minority population. Indian People are already a minority. Do not need a bill for this!
II. Recognition of the Native American or Abenaki people provided in paragraph I shall be for the sole purposes specified in section 1 of this act and shall not be interpreted to provide any Native American or Abenaki person with any other special rights or privileges that the state does not confer on or grant to other state residents. What is a definition of ABENAKI? IS that anyone who self proclaims or is that an individual who has NH Historic inherited rights by blood bone to NH? By most definitions it is HISTORICALLLY Located to a region land base from the beginning of time and members are approved by tribal council of that land base region. Just because someone says they are Abenaki doesn’t make them Abenaki with in NH ! Their must be a historic evidence they are and connected to a region landbase with in NH!
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
10-2489
12/10/09
HB 1610-FN - FISCAL NOTE
AN ACT establishing a New Hampshire commission on Native American affairs
and recognizing the Abenaki and other American Indian residents as a minority population in the state of New Hampshire. STRIKE Indian People are already a minority
FISCAL IMPACT:
The Department of Cultural Resources states this bill may increase state restricted revenue by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on county and local revenue or on state, county, or local expenditures. Can not increase states revenue with the federal laws will not uphold this bill!
METHODOLOGY:
The Department of Cultural Resources states this bill establishes a New Hampshire commission on Native American affairs. While the commission will be administratively attached to the Department of Cultural Resources, the Department states this will not cause an increase in cost as a result. The bill authorizes the newly established commission to accept any gifts, grants, or donations from any public or private source, provided that such gifts, grants, or donations shall be used exclusively to advance the
commission's purpose and duties. The Department states this authorization may lead to an increase in state restricted revenues in FY 2010 and each year thereafter.
Finally according to Indian Arts and Craft Laws this bill could end up costing the State of NH and Indian Artists a fortune! In order for this bill to be a legal standing to address concerns mentioned in this bill Historic Tribes or Bands would need to be fully state recognized according to Federal terms stated above.
I hope this helps you. Chief Nancy Millette Doucet
CONCLUSION: Nancy Lee Millette-Cruger-Lyons-Doucet CLEARLY is SUPPORTING her OWN VERSION of HB1610, to BENEFIT her "group"/ family members! Nancy Doucet DOES NOT REPRESENT THE LEGITIMATE HISTORICAL ABENAKI PEOPLES OF NEW HAMPSHIRE.
NO WHERE IN HB1610 AS WRITTEN NOR THE REVISION WRITE-UP BY NANCY DOUCET ... IS THERE ANY REQUIREMENT TO SHOW GENEALOGICAL, SOCIAL, OR HISTORICAL EVIDENCE, THAT THESE "GROUPS" SUCH AS NANCY DOUCET'S, ETC. (HER FAMILY!) DESCEND GENEALOGICALLY FROM A LEGITIMATE ABENAKI COMMUNITY WITHIN VERMONT OR NEW HAMPSHIRE!
NANCY MILLETTE DOUCET MERELY REPRESENTS A CONTEMPORARILY CREATED 501(c)3 NON-PROFIT INCORPORATION CREATED BY HER!
THEY ARE NOT FROM A HISTORIC ABENAKI COMMUNITY!
