j. An Act Regulating Fisheries, March 8th 1787, 1787 Vt. Laws at 253; C I., Ex.. 22. This Act prohibits the erection of any structure across any river in the State which obstructs the natural passage of fish, except dams necessary for mills. One who does erect such a structure is guilty of nuisance and subject to a fine.
127. In 1791, the Republic of Vermont settled New York's claims to its lands with a $30,000.00 payment, clearing the way to entry into the Union. C I at 88.
128. The Missisquoi survived as a native American community in their traditional homeland throughout the existence of the Republic of Vermont, living openly and unmolested. C III at 111-112, 146.
129. No explicit acts or expressions of intention to extinguish Missisquoi aboriginal rights by any Vermont, New York, New Hampshire, Quebec, Continental Congress body or the United States federal government exist.
130. It was alien to the Missisquoi culture to go to colonial courts to maintain or vindicate property rights, and, therefore, it was not a viable option. C III at 158.
F. Missisquoi population figures
131. Using varying indirect methods of estimation, e.g. numbers Of houses times estimated number of people per house, the experts show1
Place ... Population
Vermont ... 511,456
Franklin County ... 34,788
Grand Isle County ... 4,613
Alburg ... 496
Fairfax ... 1,805
Georgia ... 2,818
Grand Isle ... 1,238
Highgate ... 2,493
Isle La Motte ... 393
Milton ... 6,829
North Hero ... 442
St. Albans ... 7,308
Sheldon ... 1,618
South Hero ... 1,188
Swanton ... 5,141
133. Eighty to ninety percent of tribal members still live in the 'Missisquoi homeland, while others return regularly. T IV at 73-74.
134. A small neighborhood in Swanton, consisting of several streets and known as Back Bay, has a forty to sixty percent Missisquoi population. T II at 171-172.
135. For a variety of reasons attributable to both the Native Americans and the census process, the Native American census count is it valid from 1790 forward. Moody T III at 154.
136. Though the details are not clear from the evidence, tribal Membership is a function of birth and a formal process of induction. T IV at 72.
140. In order to receive federal funds through the Administration on Native Americans (ANA) an organization must be Native American to the satisfaction of the federal authorities. In 1982 ANA designated ASHAI as one of only ten nationwide grantees. T V at 163, 174.
141. In certain years, ASHAI funneled well in excess of $100,000 into the Missisquoi region, though not all of it was earmarked for Native Americans. The Vermont Housing Finance Agency's neighborhood Self-Help Development Program funds were not Native American specific. T V at 166, 171.
142. Abenaki Acres, a low income housing program was a cooperative effort between the Missisquoi and ASHAI. T V at 124.
143. Other federal program grants which ASHAI has served over the years include:
a. ANA weconomic development grant for the codification of tribal laws and leadership training, which was "almost a formula distribution among Indian people in New England."