Final Determination Against Federal Acknowledgment of the St. Francis/Sokoki Band of Abenakis of Vermont Pages 53 to 60:

[53.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)
Criterion 83.7(f) requires that the membership of the petitioning group is composed principally of persons who are not members of any acknowledged North American Indian tribe.

Summary of the Proposed Finding

The PF concluded the petitioner met criterion 83.7(f) based on three documents: two petition documents and the SSA's 1996 governing document, which contained proscriptions against SSA members having membership in any other federally recognized North American Indian tribe. The PF strongly encouraged the petitioner to modify its "enfranchisement" form to include a statement that applicants for enrollment must sign, attesting that they are not members of a recognized North American Indian tribe and are not citizens of another country.

The PF did not investigate whether the members from the current petitioner appeared on the rolls of neighboring federally recognized Indian tribes. If SSA members were enrolled in Indian tribes, those Indian tribes would mostly likely be located in the nearby northeastern United States, or Canada.

Summary of the Comments on the Proposed Finding
The Department received no comments, from either the petitioner or any other party, on the PF's conclusions under criterion 83.7(f).

Analysis for the Final Determination
The department contacted the BIA's Eastern Region office and requested its assistance in cross-referencing the SSA's confirmed adult membership list, the "A1" list, with the membership lists of other federally recognized Indian tribes in Maine: the Aroostook Band of Micmac Indians of Maine, the Passamaquoddy Tribe of Maine, and the Penobscot Tribe of Maine. Cross-referencing the petitioner's "A1" list with these three lists revealed that the petitioner's "A1" membership list does not overlap with the membership list of any of these three federally recognized Indian tribes from Maine. The membership list from the Houlton Band of Maliseet Indians, a fourth federally recognized Indian tribe in Maine, was not available for cross-referencing.

There are no federally recognized Indian tribes in nearby New Hampshire, and there are no other Abenaki Indian tribes in New England in which SSA members might be enrolled. According to the definition section of 25 CFR 83. 1, an Indian tribe "means any Indian or Alaska Native tribe, band, pueblo, village, or community within the continental United States that the Secretary of the Interior presently acknowledges to exist as an Indian tribe." Therefore, the regulations do not require the Department to investigate whether the petitioner's membership includes individuals enrolled in Indian tribes outside the United States, including, in this petitioner's case, the Canadian Abenakis at Odanak. Therefore, based on the Department's research for the PF and

[54.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

the FD, the FD concludes that the SSA petitioner is composed principally of persons who are not members of any acknowledged North American Indian tribe.

The petitioner did not inform the Department that it modified its "enfranchisement" form to prohibit explicitly applicants from being enrolled in another federally recognized Indian tribe or from being citizens of another country. Nonetheless, the 25 CFR Part 83 regulations do not require this, and the petitioner's failure to modify its "enfranchisement" form does not prevent the petitioner from meeting criterion 83.7(f).

Final Determination's Conclusions on Criterion 83.79(f)
The petitioner meets criterion 83.7(f) because its membership is composed principally of persons who are not members of any acknowledged North American Indian tribe.

[55.]

St. Francis/Sokoki Band ofAbenakis of Vermont (Petitioner #68)

Criterion 83.7(g) requires that neither the petitioner nor its members are the subject of congressional legislation that has expressly terminated or forbidden the Federal relationship.

Summary of the Proposed Finding
Based on a review of the available documentation, the PF discovered no evidence that the petitioning group was the subject of congressional legislation to terminate or prohibit a Federal relationship as an Indian tribe. The PF concluded that the petitioner met the requirements of 83.7(g).

Summary of the Comments on the Proposed Finding
The Department received no comments, from either the petitioner or any other party, on the PF's conclusions under criterion 83.7(g).

Final Determination's Conclusions on Criterion 83.7(g)
Based on the available evidence, the FD concludes that the petitioner meets the requirements of criterion 83.7(g).

[56.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

APPENDIX

Clarification of Simon Obomsawin,

One ofthe Petitioner's 20 "Primary" Ancestors

This FD clarifies some conflicting information regarding Simon Obomsawin, one of the petitioner's "20 primary ancestors" (Abenaki PF 2005, 131). The PF stated that Elvine Obomsawin Royce (1886-1969) was the daughter of a Simon Obomsawin (1850-1910), but that "[it] is uncertain, but likely that this Simon Obomsawin is the same individual as "Simon Obomsawin fils" on the 1873 and 1875 St. Francis (Odanak) Abenaki censuses" (Abenaki PF 2005, 136 [emphasis added]). The PF also stated that if the connection were correct, then the eight descendants of Elvine Obomsawin Royce who are in the SSA group would be descendants of St. Francis Abenaki (Abenaki PF 2005, 137, n. 124). Elsewhere the PF stated that the SSA provided evidence that appears to indicate that eight of the petitioner's current members may in fact descend from on Simon Obomsawin" (Abenaki PF 2005, 138 [emphasis added]). These conditional statements were intended to give direction or guidance to the petitioner for additional research or evidence to confirm that the Simon Obomsawin, who was the ancestor to at least eight of the current members, was the same man identified as belonging to the St. Francis (Odanak) Indian tribe in Canada in the 1870's.

In the summary statement for criterion 83.7(e), the PF concluded that there was no primary or reliable secondary evidence that the petitioner's 20 "primary ancestors" descended from the "Missisquoi Band of Western Abenaki Indians," which is the entity that the petitioner claims was the historical Indian tribe (Abenaki PF 2005, 139). Thus, the conclusions concerning descent from the historical Indian tribe included Simon Obomsawin as one of the twenty ancestors lacking sufficient evidence.

The PF also concluded that:

Nor is there evidence that any ofthe SSA's current members descend from individuals named on historical documents which list Abenaki, such as the mid-18th century register of Fort Saint-Frederic (Roy 1946, 268-312), the 1765 Robertson lease (Robertson 1765.05.28), or the censuses or pay list of St. Francis (Odanak) Indians in Canada (Recensement du Villages 1873, Recensement du Villages 1875; Indian Distribution Pay List 1893.04.14), with the possible exception of the 8 current members who are descendants of Simon Obomsawin (Abenaki PF 2005, 139).

Thus, the petitioner was notified in the PF Summary under the Criteria that there was both a problem of the membership's undocumented descent from its claimed "20 primary ancestors," as well as a lack of evidence that those "20 primary ancestors" were members of a historical Indian tribe.

[57.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

However, the Federal Register notice summation of criterion 83.7(e) stated that "[e]ight current members (less than 1 percent of the group) have documented descent from a historical individual identified in the 19th century as a member of the St. Francis Abenaki Indian tribe at Odanak, Quebec, Canada" (70 FR 69779). From this statement, it appears that the PF concluded that some of the petitioner's members had documented their descent from the Simon Obomsawin who was on the Odanak censuses in the late 1800's thereby contradicting the conditional statements in the actual decision document. In order to correct any ambiguity between the conditional findings in the Summary Under the Criteria and apparently contradictory conclusion in the Federal Register notice, OFA has reexamined at the documents in the current record concerning Simon Obomsawin and his daughter Elvine Obomsawin Royce.

One of the petitioner's current members submitted a "Family Genealogy" chart that listed his parents, four grandparents, and six grandparents. This chart listed Elvine Obomsawin (1886-1967) as his father's mother, Simon Obomsawin, (born 1850 in Odanak) and Celina Obomsawin as the great-grandparents, and Simon Obomsawin (born 1824 in Odanak) and Catherine de Gonzaque (born 1830 in Odanak) as the paternal great-great-grandparents (Royce, Terry Alan Sr. 8/15/1952). This applicant's membership file also included his birth record naming both parents, and his grandmother's marriage record, which named her (Elvine's) parents as Simon and "Celvin" (sic: Celine) O'Bomsawin, who were both born at Pierreville, Quebec, Canada. The file also included a document, apparently compiled in 1987 by John Moody that summarized the genealogy of Elvine Obomsawin. This report included annotations showing that Moody consulted the registers of Mission St. Francois-de-sales, Odanak, and of the St. Francois-du-Lac Catholic Church, "Gordon Day's genealogies, taken from his own oral and written history work over the past 35 years," and Moody's own "recent research, oral or written." 31. Moody also stated that Simon's wife Celine died before 1899. Simon then married his second wife, Agathe Picard, in 1899 at Odanak. According to Moody, the children of Simon and Celine Obomsawin were William Simon, born 1879; Malvina, born 1881; Marie-Anne (Marion), born 1883, Leona (1885-1889); Elvine, born 1886; Marie-Anne (not Marion), born 1888; and Salmon (1890-1892) (Moody 6/2/1987). John Moody's annotations indicated that the full dates of birth and death for these children came from the Mission St. Francois-de-Sales, Odanak; however, he did not include copies of any of the original records.

Gordon Day's notebook showed that on July 30, 1957, he spent "3 hours at the Obomsawin camp" where he interviewed Elvine, Marion and William Obomsawin, and recorded songs and stories. They stated that their father and sister (not named) were in Gettysburg. William stated that his father, (Simon) came to Vermont between 1895 and 1900 and that he first camped at Cedar Beach, Charlotte, and implied that Simon built the house on Thompson's Point about 1907. Day stated that "Their father's mother was Moise DeGonzaque." This interview also included mention of other family members such as "Marion's Aunt Mary" and "Louis Napolean" who was their father's cousin. According to Day's interview, "Elvine was brought up by Mrs. Reeves, an Abenaki woman in Lakewood, N.Y. Marion was brought up by Mrs. Louis Watso, an aunt in Claremont, N. H." (Day 7/1948-11/13/1962).
___________________
FOOTNOTE:
31. The current record does not include copies of the original records, just Moody's notes and citations. Neither the petitioner nor Moody sent copies of these records, although Department requested them in the PF.

[58.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

OFA compared the names and circumstances described in this interview and in the members' file with the information in the Federal censuses and in the censuses of the St. Francis Odanak in Canada to verify the petitioner's claims of descent from Simon Obomsawin.

The 1930 Federal census of Charlotte, Chittenden County, Vermont, included the household of Simon Obomsawin, an Indian, 77 years old (born 1853), widow, born in "Canada-French," whose parents were also born in "Canada- French." According to the census he immigrated to the United States in 1908. His daughter Marion, age 37 (born 1893), and son William, age 44 (born 1886), were in the same household (1930 Federal Census, Chittenden, Charlotte Town, Thompson Point, ED 4, sheet 6A, household #130/137; PFR-GPF-V003-D0017). Simon's daughter, Elvine (Obomsawin) Royce was listed as, white, age 43 (born about 1887) and living with her husband and children in Duxbury, Washington County, Vermont, in 1930 (1930 Federal Census, Vermont, Washington County, Duxbury, ED 12-15, sheet 1A, household #6/6). Her husband and children were all born in Vermont. The census enumerator listed Elvine's birthplace as "Canada/English" and the same for both her father and mother, and that English was her native language. Her eldest child was born in Vermont in about 1913. (Elsworth C. Royce was age 17 on the 1930 census.)

The 1910 census of the town of Charlotte, Vermont, included Simon Obomsawin, Indian, age 62, with his second wife, Agathe, Indian, age 60, and daughter "Eveline [sic]," age 21, who were all born in "Canada-French," as were each of their parents. According to this census, they all came to the U. S. in 1904. Although there are some conflicting data, the two U.S. censuses do support the parentage and origins of Elvine Obomsawin Royce.

The records from Odanak, Canada, show the migration of a Simon Obomsawin family out of the village before 1873, although at least one son and daughter appear to have remained in Odanak until 1875, when they, too were listed in their father's household and "residing elsewhere in Canada." The following description of the Canadian records starts with the earlier identifications and works forward in time in order to show more clearly the movements of the Simon Obomsawin and his father's family.

The age categories for the 1873 census of Abenaki Indians at St. Francis identified males or females over 20 years old, between 12 and 20 years old, or under 12 years old. This census included "Simon Obumsawin fils" age 22 and "Marie Jeanne Obumsawin," age 16 as residents of the village (Recensement du Villages 1873, 5). Living elsewhere in Canada was the household of Simon Obumsawin (Sr.), age 46 and "Catherine M Gonzague Obum [sic]," age 40, included Mathilde "Obum" who was between 12 and 20 years old, and Elvine, Cecile, Ursule, F. de Sales, and Gonzague, who were all under 12 years old (Recensement du Villages 1873, 7). Two years later, the "Simon Obumsawin fils" and Marie Jeanne Obumsawin" were in the off reservation household of Simon Obomsawin.

The 1875 census of "St. Francis Abenaki Villages" listed the household of "Simon Obumsawin, age 48 (born about 1827, or the Simon Sr. in 1893) as one of the "Residents du Canada" (Recensement du Villages 1875, 6). The headings for the fields of information on the census called for the enumerator to put a mark in the column for males or females who were over 17, 16-5, or under 4 years of age. Most residents in the villages also had a specific age listed for

[59.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

each member of the household. However, those living elsewhere in Canada or in the United States tended to have just the "over 17," etc. age columns marked. This is the case for the household of Simon Obumsawin, who was age 48, and included Mathilde, Elvine, Maude, F. de Sales, Gonzague, "Simon fils [son or offspring]" and "la soeur [his sister orthe sister]" Marie Jeanne, were all identified as over age 17. It is not clear whether "la soeur" refers to Marie Jeanne as a sister of "Simon fils," or the sister of Simon, the head of the house. In either case, she may be the "Aunt Mary" mentioned in Day's interview. No other family relationships were stated for this household.

At the end of the residents of the villages section of the 1875 census was a brief statement explaining the reduction in numbers of residents since the previous census. Under the heading "Absent En Canada" was an entry for "S. Obomsawin fils 2," which could be interpreted to mean that two of S. Obomsawin's (probably Simon Sr.) sons had left the village and were living elsewhere in Canada. It could also mean that the man identified as "S. Obomsawin fils" and another member of his household had moved. If the latter is correct, it would account for Simon fils and Marie Jeanne who had been on the reservation census in 1873, but were living elsewhere in Canada with the older Simon Obomsawin in 1875.

The "1893 Indian Distribution Pay List" listed heads of house and number of males, females, boys, and girls in each household, along with the number of individuals paid, the number paid at the previous distribution, the number of decreases in the household due to emigration or death, the number of increases per household by immigration or birth, and remarks (Indian Distribution Pay List 04/14/1893). This list does not include residences, so we do not know where these households were located. Several "Obumsawins" were enumerated on this list, including three Simons, Mathilde, Mary J, and "L. Napolean," among others. Household #72, Simon Obumsawin fils [followed by illegible word], was occupied by a single man who had not been paid on the previous distribution. There were no increases or decreases in the composition of this household and no comments in the remarks column (Indian Distribution Pay List 04/14/1893). The PF speculated that this might be the Simon Obomsawin who later moved to Vermont (Abenaki PF 2005, 136). However, it now looks like he was a young man out on his own for the first time.

Household #69, "Simon Obumsawin Jr.," had one male, one person paid, seven people who were previously paid, and one person who died since the previous distribution. In the remarks column is the note that two children were adopted by No. 66 (Jean Elie Obumsawin), one child adopted by No. 108 (Louis Wawanolet), and one child adopted by No. 86 (Stanislas Panadis). This fits the composition of the Simon Obomsawin family described by Moody (Moody 1987), that of a family where the mother died before 1899 and two children died before 1893 (Indian Distribution Pay List 4/14/1893). The fact that four children were adopted out and that one person had died since the previous distribution indicates that the mother of the children died and that Simon Jr. was unable to care for the four young children by himself. This family also matches the circumstances and composition of the family interviewed by Gordon Day who identified four children (Elvine, Marion, William, and "their sister" in Gettysburg) and their father Simon, who were still living in 1957. Elvine and Marion also told Day that they were "brought up by" someone other than their parents: "Elvine was brought up by Mrs. Reeves, an Abenaki woman in Lakewood, N.Y. Marion was brought up by Mrs. Louis Watso, an aunt in

[60.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

Claremont, N.H." (Day 7/1948-11/13/1962), which supports the connection to the Obomsawin family that had four children "adopted out" by 1893.

Household #78, "Simon Obumsawin Sr.," had one adult male who was paid a share of the distribution. There were no increases or decreases in the composition of his household and only one individual had been paid on the previous distribution. This appears to be the Simon Obomsawin who married Catherine de Gonzague and was the father of Simon Jr. described above.

Household #79, Mathilda Obumsawin, was a single female, who was paid one share and who had been paid on the previous list. Household #77, Mary J. Obumsawin, also composed of a single female who had been paid one share on the previous distribution as well as one share on the 1893 distribution (Indian Distribution Pay List 4/14/1893). This is most likely the "Marie Jeanne" who was living with Simon, Sr. in 1875 and with Simon fits in 1873. She is also likely to be the "Aunt Mary" mentioned in Day's interview.

These censuses support the reported family configurations and national origins of Elvine Obomsawin as recorded by Moody and Day. The censuses of St. Francis Abenaki at Odanak and 1893 Indian Distribution Pay List confirm family connections between members of the Simon Obomsawin [Sr.] family and confirm that his family lived in Canada, but not always in the Abenaki Indian Village. In fact, the family lived away from the village as early as 1873. Simon Obomsawin Sr.'s son, Simon Jr. was on the 1893 List apparently a widower with four young children that he "adopted out" after the death of his wife, Celine. Therefore, although the petitioner did not submit any additional vital records to confirm the birth dates and family connections, there is sufficient evidence in the record to verify that eight members of the SSA descend from Simon Obomsawin who was once part to the St. Francis Abenakis at Odanak. This Simon Obomsawin may have been living away from the village before 1873, but he associated with it through the 1890's. At some point around 1900, this Simon Obomsawin moved from Canada to Vermont.

CC: OFASURNAME;Chron
IA-OFA:FFlavin:ff/SoFrlf/jkc:513-7650;6/22/07 K:\OFA\decisions\Abenaki\SSAFD\FDSUCAbenaki.doc

NOTE: Jeanne Anne (nee: DeForge) who married Douglas Francis Brink on August 28, 1971 in Montpelier, Vermont, "and her family relatives" were merely associated with the "St. Francis/Sokoki Band of the Abenaki Nation" and not fully members of such group. See Page 43 and FOOTNOTE: 21. of this FD, wherein it is stated, The 2005a list had additional categories, including an "M2" category (looking for more proof); a "3" category (more documentation is needed); and an "N" category (no Abenaki). The petitioner does not consider the individuals listed in the "O" category of the same membership list are affiliated with Odanak/St. Francis, and thus are not fully members of the petitioner's group. Also, on Page 52 of the FD it is stated, When read together, the Proposed Finding, the Appendix, and the rest of the Final Decision conclude that 8 of the petitioner's 1,171 full members, less than 1 percent, demonstrated descent from a Missisquoi Abenaki Indian ancestor. By 1800, most of the historical Missisquoi Abenaki Indian tribe had migrated to St. Francis, or Odanak, in Quebec, Canada. The available evidence demonstates that these eight members descend from Simon Obomsawin, who once belonged [?] to the St. Francis, or Odanak Indian Community, and who can be traced to the historical Missisquoi Abenaki tribe through lists of Indians belonging to St. Francis, or Odanak. The available evidence does not demonstrate that these eight members were assosciated with the St. Francis/Sokoki Abenaki petitioner before the 1990's.
Furthermore, the available evidence does not demonstrate that the other remaining 1,163 members, or their claimed ancestors, descend from an earlier Missisquoi Abenaki entity in Vermont or any other historical Indian tribe.

So, with that said, WHY is it that with the Vermont Legislative writing-up (retrospectively-speaking) S.117 and S.222, is the Vermont Politican's attempting to grant Official State Recognition to this Swanton, Vermont-based and confabulated Incorporation calling itself the "St. Francis/ Sokoki Band of the Abenaki Nation" group (led today by the late Homer St. Francis Sr.'s daughter April nee: St. Francis Rushlow-Merrill , since her father's death)  Or for that matter, any of the other Incorporated groups who have created this concocted "VT Indigenous Alliance" a.k.a. "Abenaki Alliance" with April St. Francis-Merrill, in 2011?

The question begs an answer, in contrast to what the O.F.A. of the B.I.A. and the Attorney General's Office (William H. Sorrell and Eve Jacobs-Carnahan) concluded BASED ON THE FACTUAL DOCUMENTATION. Is anyone willing to address this question, and provide an answer to these Incorporated Group's 3-D's? I'll inform readers what the 3-D's are, in a little bit in this post.

Or perhaps the better question could be... Ought any of these INCORPORATE GROUPS to gain Legislative "Abenaki Recognition" from the Legislature, based on dubious questionable foundations of being connected to the Abenaki People?

And yet another question....If the Missisquoi, Coosisak ("Koasek"), and the other Abenakis in New England went to Odanak, Quebec, Canada and of course, there are Abenakis and their descendants who have openly lived their lives and died in Vermont and New Hampshire within the previous 100-200 years (like the O'Bomaswins, Watso's and Robert Families etc., to name just a few, WHERE are their descendants in all of this "Abenaki Recognition" Process going on here in Vermont and or New Hampshire?! Why are these Incorporated Groups who are now proclaiming that their follower's/members are "Abenaki Tribes" so afraid, threatened and hostile towards Abenakis and their descendants who ARE connected to Odanak etc.? I will explain where I am going with this, in the next posting of documents.......

The 3-D's are

Deceit

Deception

Dishonesty

Final Determination Against Federal Acknowledgment of the St. Francis/Sokoki Band of Abenakis of Vermont Pages 43 to 52:

[43.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)
Criterion 83.7(e) requires that the petitioner's membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes which combined and functioned as a single autonomous political entity.

Summary of the Proposed Finding
The PF concluded that the petitioner did not meet the requirements of criterion 83.7(e). To satisfy this criterion, the petitioner must (1) identify its current members, and (2) provide evidence that those members descend from a historical Indian tribe. The PF concluded that the petitioner did not identify its current members as required by the regulations, and that although the petitioner claimed descent from the historical "Western Abenaki" Indian tribe, it did not document descent from that historical Indian tribe or any other historical Indian tribe.

The petitioner did not properly identify its members because each of the three membership lists it submitted did not satisfy the requirements of the regulations. 21. According to the 25 CFR 83.7(e)(2) acknowledgment regulations:

The petitioner must provide an official membership list, separately certified by the group's governing body, of all known current members of the group. This list must include each member's full name (including maiden name), date of birth, and current residential address. The petitioner must also provide a copy of each available former list of members based on the group's own defined criteria, as well as a statement describing the circumstances surrounding the preparation of the current list and, insofar as possible, the circumstances surrounding the preparation of former lists.
__________________
FOOTNOTE:
21. For the PF, the petitioner submitted three membership lists: one dated December 19, 1995, that the Department received on January 17, 1996, one undated list that the Department received on May 16, 2005, and a third one dated August 9, 2005, that the Department received on August 23, 2005. The OFA designated the May 2005 list the "2005a" list, and designated the August 2005 list the "2005b" list. The Department considered each of these three lists for the PF. The petitioner divided its 2005 lists into various categories, most notably an "A1" and an "A2" list, and a "C1" and a "C2" list. The "A" lists listed adults, and the "C" lists listed children. The petitioner defined the "A1" group as members with complete membership files as determined by the SSA. The petitioner stated that only these individuals are eligible to vote in the group's elections. The "A2" individuals are described as "Abenaki," but "cannot vote until they complete their files as requested" (St. Francis-Merrill to AS-IA 8/18/2005). Those children on the "C1" list had completed membership files, those on the "C2" list had incomplete membership files. The 2005a list had additional categories, including an "M2" category (looking for more proof); "3" category (more documentation needed), and an "N" category (not Abenaki). The petitioner does not consider these individuals to be members. The petitioner also stated that the individuals listed in the "0" category of the same membership list are affiliated with Odanak/St. Francis and thus are not fully members of the petitioner's group. This "2005a" membership list, excluding deceased members, contains 4,485 entries. The "2005b" list (August 2005), is the only list certified by the petitioner's governing body. The petitioner did not certify this list in time for the PF, but the FD notes that it is now certified. The "2005b" list contains 1,038 "A1" adult individuals and 133 children "C1" members, for a total of 1,171 members with enrollment files completed to the satisfaction of the SSA. The certified "2005b" list has 1,184 "A2" individuals and 151 "C2" members. The combined total of "A1," "A2," "C1," and "C2" individuals is 2,506 individuals. For more information on these lists, see the Abenaki PF, pp. 88-89, 140-146.

[44.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

The PF concluded that the petitioner's governing body had not certified any of the three membership lists. Furthermore, each list submitted for the PF was incomplete in some capacity, lacking proper residential addresses, maiden names, or birthdates, for example. When the information on the various lists is combined, the membership list remains incomplete. Many of the entries in the petitioner's genealogical charts or in the Family Tree Maker TM (FTM) genealogical database lacked full names, dates, and places of birth. Many of the members that were new to the most recent membership list did not demonstrate genealogical connections to the earlier members. The petitioner did not submit explanations for the changes in its membership lists as called for in the regulations. The PF also expressed concern that the petitioner may have withheld from the Department the names of some of its members, at the request of those members (Abenaki PF 2005, 145-146). The regulations require that "petitioner must provide an official membership list, separately certified by the group's governing body, of all known current members of the group" (25 CFR 83.7(e)(2), italics added). The PF encouraged the petitioner to correct the above deficiencies (Abenaki PF 2005, 141-146).
Criterion 83.7(e)(1) requires that the petitioner's membership consist of individuals who descend from a historical Indian tribe or Indian tribes that combined and functioned as a single autonomous political entity. The SSA petitioner claimed to descend from the "Western Abenaki Indians" who resided at Missisquoi, near present-day Swanton, Vermont. The PF concluded that while the petitioner provided some genealogical information for its members, it did not demonstrate descent from the Western Abenaki Indians or any other historical Indian tribe.

There is significant documentation attesting to the presence of Western Abenaki Indians in Northern New England before 1800. However, for the PF, the petitioner did not submit genealogical information that linked the group's current membership to individuals belonging to the historical Indian tribe of Western Abenaki Indians in the 18th century. Instead, the petitioner identified 20 "historical 20th century social core families," and asserted that these families "comprised the Abenaki community." 22.

The PF concluded that although the petitioner partially documented the genealogical connection between some of its current members and these "social core families," it did not document the connection between these "social core families" and a historical Indian tribe, either the "Western Abenaki Indians" or any other historical Indian tribe. The petitioner derived much of its historical narrative from academic publications, but these publications did not document a historical Western Abenaki tribal entity that included the petitioner's ancestors (Abenaki PF 2005, 126). Two documents that would likely provide names of individuals from a historical Western Abenaki Indian tribe area register of baptisms, marriages, and deaths, recorded at Fort Saint-Frederic (a French fort on the southwestern shore of Lake Champlain) between 1732 and
_________________
FOOTNOTE:
22. The PF states: [t]he petitioner identifies 20 'historical 20th century social core families' that the petitioner asserts 'comprised the [Missisquoi] Abenakie community. They are: Barratt, Belrose, Cheney, Colomb, Demar, Ethier/Hakey, Gardner, Hance, Hoague, Lafrance, Medor, Morits, Nepton, Obomsawin, Ouimette, Partlow, Phillips, Richards, St. Francis and St. Lawrence' (SSA 12/11/1995 [Second Addendum], 10). Although not specifically stated in its petition, the petitioner implies, through information supplied in its genealogical database and its petition documents, that the progenitors of these 20 family lines are the Abenaki ancestors of all of its current members" (Abenaki PF 2005, 113).

[45.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

1759, and a 1765 lease designated "Robertson's Lease" for land "in the bay of Missisque." However, the PF concluded that the petitioner did not demonstrate descent from the Abenakis named on the register at Fort Saint-Frederic or on Robertson's Lease. 23. With the exception of the Simon Obomsawin, none of the petitioner's claimed ancestors are named on the available 18th or 19th century lists that identified individuals as Abenaki Indians (Abenaki PF 2005, 114-119). The PF also noted that the petitioner's claimed ancestors are not identified as Indians on any of the decennial U.S. Federal censuses between 1790 and 1930 (Abenaki PF 2005, 120). Consequently, based on the available documentation, the PF concluded that the petitioner did not demonstrate descent, either of its members or its 20 "social core families," from any individuals belonging to a historical Abenaki Indian tribe, with the exception of Simon Obomsawin (Abenaki PF 2005, 128, 132).

The PF also found problems with the selection of the 20 "primary" ancestors, that is, the alleged Indian ancestor in each of the 20 "social core families." These problems are significant because the petitioner relies on these 20 "primary" ancestors to link to a historical Indian tribe. As the PF stated, "[a]s far as can be determined, the SSA does not assert Missisquoi Abenaki or Western Abenaki descent through any ancestors other than the 20 'primary' ancestors named in the petition" (Abenaki PF 2005, 137). Of the 20 "primary" ancestors, there is limited documentation suggesting that perhaps 2 (Simon Obomsawin and Jean Charles Nepton) might descend from Abenaki Indians, though not necessarily Western Abenaki Indians from or near Swanton, Vermont. 24. At the time of the PF, only 24 of the group's 1,171 "full members" claimed descent from these two individuals (8 members from Obomsawin and 16 from Nepton). 25. The available
______________________
FOOTNOTES:
23. The names Joseph Abomsawin and Marian Poorneuf [Portneuf] appear on Robertson's Lease in 1765, as names of the individuals, presumably Abenaki Indians, who leased land at Missisquoi to James Robertson. The petitioner claims an individual named Simon Obomsawin as a "primary" ancestor, and there are individuals with the "Obomsawin" and "Portneuf' surnames on the petitioner's membership lists. However, "there is no evidence in the current record showing that any of the petitioner's current members descend from these individuals [Joseph Abomsawin and Marian Poorneuf]" (Abenaki PF 2005, 128).

24. Simon Obomsawin appeared on several 19th-century lists of St. Francis Indians at Odanak in Quebec, Canada. Most of the Missisquoi Abenaki Indians had left northern Vermont before 1800 and migrated to Odanak consequently, many descendents of the 18th century Missisquoi Abenaki Indians lived at or near Odanak in the 19th century. The PF was not clear in its evaluation of Simon Obomsawin and those members of the petition who claim descent from him. Therefore, the FD includes an appendix, entitled "Clarification of Simon Obomsawin, One of the Petitioner's 20 'Primary' Ancestors," that clarifies the Department accepts him as an Western Abenaki Indian.

Jean Charles Nepton was born in Massachusetts in 1831 and died sometime after 1877, probably in Canada (Abenaki PF 2005, 128, 137). The PF stated that "[t]transcriptions of Canadian documents submitted by the petitioner in a member file indicate that Jean Charles Nepton was Abenaki," though it is not clear if he was a Western Abenaki Indian or an Eastern Abenaki Indian, or if he descended from an Abenaki group from Missisquoi. The Department needed to examine copies of the actual documents, not merely transcriptions, and therefore encouraged the petitioner "to submit further information in the form of original documents to clarify Nepton's ancestry." The PF stated that "until copies of the original records are provided by the petitioner, his Indian ancestry cannot be confirmed" (Abenaki PF 2005, 131 n. 120). The Department did not receive additional evidence during the comment and response periods that confirmed the origins of Jean Charles Nepton.

25. Eight individuals on the group's "2005b" membership list claim descent Simon Obomsawin (Abenaki PF 2005, 131). The FD includes an appendix, entitled "Clarification of Simon Obomsawin, One of the Petitioner's 20 "Primary" Ancestors,' that clarifies the Department's evaluation of Obomsawin and discusses the eight members who descend from him. Sixteen individuals on the group's "2005b" membership list claim descent from Jean Charles Nepton (Abenaki PF 2005, 131). The Department required more documentation to confirm his alleged

[46.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

documentation does not identify the other 18 "primary" ancestors either as Indians or as belonging to a particular Indian tribe. The PF noted that the 20 "primary" ancestors did not live contemporaneously with one another or nearby one another. Thus, the petitioner would need to demonstrate that these "primary" ancestors were part of a community that descended from a historical Indian tribe (Abenaki PF 2005, 137).

The PF also discussed a methodology used by John Scott Moody of Norwich or Sharon, Vermont, etc. to support the petitioner's claim of descent from a historical Indian tribe and concluded that this methodology was unsound. The methodology posited genealogical connections based on similar surnames in geographically proximate locations. The researcher for the petition apparently searched for the family names of the SSA petitioner on 18th and 19th century lists for the St. Francis Indians at Odanak as well as in other local records ofthe greater Swanton area of Vermont. If the researcher found similarities between SSA surnames and the surnames in the greater St. Francis region of Quebec, Canada, he designated the SSA families to be "Abenaki" family lines. This is a flawed methodology for several reasons. First, it speculates about genealogical connections, but it does not document them; therefore, this methodology is not acceptable by current professional standards. Second, it does not adequately explain or document the unusually wide variations of the surnames in the analysis. 26. Third, it assumed that individuals with a surname that is also borne by many Indians or frequently associated with known Indians are also Indians. The available evidence indicates that only 8 of the petitioner's 1,171 full members on the group's current "2005b" membership list descend from the St. Francis Abenakis in Quebec, Canada, the group that John Scott Moody investigated for surnames that appear to be similar to those of SSA members (Abenaki PF 2005, 134-135). 27.

Because of the various difficulties the petitioner had in meeting criterion 83.7(e), the PF encouraged the petitioner to submit additional information so that the Department might better understand its membership, its ancestry, and its potential connection to a historical Indian tribe. The Department encouraged the petitioner to investigate cemetery records from St. Mary's Catholic cemetery in Swanton, Vermont, for evidence of Indian descent and historical community. It also encouraged the SSA to submit original copies of local land records to better document the activities of its claimed ancestors, and to submit copies of birth, marriage, and death records to better substantiate oral histories that allege Indian ancestry (Abenaki PF 2005, 124-126). The PF determined that the available evidence did not establish descent from a historical Indian tribe and that "to pursue Federal acknowledgment, it must provide evidence
_____________________
FOOTNOTE:
25. continued....identity as an Abenaki Indian (see previous footnote). During the comment and response periods, the Department received no additional evidence that the group's current members descended from Jean Charles Nepton, thus, the Department cannot confirm Nepton's alleged "Abenaki" identity.
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FOOTNOTES:
26. The PF provided examples of the broad but undocumented surname variations employed by the petitioner. The PF states, "[w]hile it is not uncommon for names to have various spellings in the historical records, such as Benedick for Benedict or LaDue for Ladeau, it is very unusual for the same individual to be identified by a completely different surname. The SSA has not shown that these widely different names were indeed 'variations' of the petitioner's ancestors' names. For example, according to the petitioner, the Benedict family of Alburg and the Lake Champlain Islands included the name variations of Bartem, Burnaby, Benway, Pandike, Prado, and Paradee" (Abenaki PF 2005, 134).

27. For more information on the "2005b" and other lists, see footnote 21 on p. 43 of this FD and the Abenaki PF 2005, 88-89, 140-146

[47.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

acceptable to the Secretary of descent from a historical tribe" (Abenaki PF 2005, 137). Thus, the PF instructed the petitioner that it must provide evidence that its members descend from a historical Indian tribe, either through the 20 "social core families," or otherwise.

In summary, the PF found that the petitioner did not provide a complete and properly certified membership list as required by the criterion 83.7(e). The petitioner did not document the descent of its members from a historical Indian tribe or from historical Indian tribes that combined and functioned as a single autonomous political entity. Furthermore, the methodology used to support the undocumented contention that its 20 "social core families" as "Abenaki" families is a speculative methodology that does not meet professional genealogical standards or the requirements of the regulations. The PF concluded, based on the available evidence, that the petitioner did not meet criterion 83.7(e).

The task for the petitioner in the comment period, therefore, was to properly certify its current membership list, clarify its membership history and official membership list, and to provide evidence that its membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes that combined and functioned as a single autonomous political entity.

Summary of the Comments on the Proposed Finding
On November 1, 2005, the Department received a submission from the petitioner that addressed several items that pertain to criterion 87.3(e). One item was a letter, signed by the petitioner's governing body, which properly certified the 2005 membership list that the Department evaluated for the PF. Another letter in the submission certified other material that the Department analyzed for the PF, including copies of 26 membership files and a letter clarifying membership categories. The Department analyzed these now-certified materials for the PF, and the FD notes them as certified. This submission also contained two lists labeled as membership rolls: one labeled as a 1975 list, and the other labeled as a 1983 list. As noted in the FD's "Administrative History Prior to the PF" section, the Department received these documents too late to incorporate into the PF and instead considers them for the FD.

The May 2006 letter from Lester Lampman contains several statements that address criterion 83.7(e). The Lampman letter includes a copy of an undated proposed amendment to the State of Vermont's bill regarding state recognition of the "Abenaki People" that may be considered for this criterion. The document is entitled, "House Proposal of Amendment S. 117: An act relating to state recognition ofthe Abenaki People." John Moody's May 2006 comments identify two documents that he believes will provide names of specific historical Abenaki Indians from whom the petitioner can claim descent. However, he states that these documents are "missing" and consequently could not provide copies of those allegedly critical documents or inform the Department about how it could obtain copies.

In its August 2006 submission, the petitioner submitted a copy of the "Against the Darkness" DVD. 28. The petitioner instructed the Department to evaluate the interview with "Alice Roy" in its analysis for the FD. The interview with "Alice Roy" does not specifically address criterion
_____________________
FOOTNOTE:
28. See footnote 5 on p. 8 of this FD for a fuller description of the "Against the Darkness" DVD video presentation.

[48.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

83.7(e). However, the video's principal theme, that seven generations of Abenaki Indians have survived in Northern Vermont, from the late 18th century to the present, pertains to criterion 83.7(e).

Although the petitioner certified its current membership list and provided two earlier membership lists during the comment period, the petitioner did not provide the Department with any of the additional information that the PF requested. Most important, neither the petitioner nor any other party submitted new evidence in response to the questions raised in the PF concerning the group's descent from the historical Indian tribe.

Analysis for the Final Determination
The petitioner's governing body submitted only two documents to be considered for the FD that relate to criterion 83.7(e), a membership list from 1975 and a membership list from 1983. The petitioner labeled one list as the "1975 Tribal Roll-Abenaki Nation of Vermont, St Francis/Sokoki Band." It is unclear if this is a copy of the original document, or a list compiled at a much later date that attempts to reconstruct an earlier 1975 group. Documents from the middle 1970's generally refer to the group either as the "Abenaki tribe" or as the "Abenaki Tribal Council," rather than the "St. Francis/Sokoki Band." The 11-page list contains the names of 308 individuals and their addresses, although it does not contain complete residential addresses for everyone listed. It does not contain any birth dates, so the Department is unable to determine whether these individuals were adults or children at the time of the list's creation. The petitioner included no description of the circumstances surrounding the preparation of this list or any separate analysis of it. There is no governing document from that period explaining the group's membership criteria. Most of the individuals on the list came from the Swanton-Highgate-St. Albans area of Franklin County, Vermont. The Department found that 96 of the 308 individuals listed, about 31 percent, are not part of the group's current FTM genealogical database. The petitioner did not provide any explanation of what happened to these individuals.

This petitioner entitled its second list, "1983 Abenaki Nation of Vermont-St. Francis/Sokoki Band," and submitted it in two sections. The first part is a 36-page list of 922 individuals over the age of 15. It includes their names and addresses, although many of the latter do not contain complete residential addresses. It does not include the birthdates of the listed individuals. The second part is a 38-page list of 748 children under the age 15. It contains the children's names, addresses, ages, and dates of birth, although many ofthe addresses are not complete residential addresses. The combined lists add up to 1,670 individuals, whose residences are mainly in locations throughout Vermont and the surrounding states. The petitioner did not provide any explanation of why the group grew so rapidly from 308 members in 1975 to 1,670 in 1983. It is unclear if this increase was due to the addition of member's children, the addition of new members who had not interacted with the group before, or some other reason. The Department also found that 610 of these 1,670 individuals, about 36 percent, are not part of the group's current FTM genealogical database. The petitioner did not provide any explanation of what happened to these individuals.

Because the petitioner provided no analysis, context, or explanation of these lists, it is difficult to draw any meaningful conclusions from them. Neither of these lists attempts to associate the

[49.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

group's members with specific Indian ancestors who belonged to the Western Abenaki Indians or any other historical Indian tribe.

The May 2006 Lampman letter contends that the "LaPan Family/Brow Family and the Lampman family can tie to the Historical Indian tribes" through "oral history" tapes in possession of the family. However, the letter provided neither copies of the tapes nor transcripts of them. The Lampman letter also asserts, "Full name-Maiden name-documentation for the family were completed in 1986 and were left in files at the tribal office." The Department responded to this letter on June 2, 2006, notifying Lester M. Lampman and the letter's cosignatories of the 90-day extension to the comment period and confirming the receipt of their initial comments on the proposed finding. Despite the additional 90-day extension to the comment period, neither Lampman nor the cosignatories of the letter submitted copies of the "oral history" tapes or transcripts of them, and they did not forward copies of the documentation that allegedly was "left in files at the tribal office." Consequently, although the senders made assertions regarding the PF's conclusions under 83.7(e), they did not send any additional evidence to assist the Department in reevaluating the evidence for the PF, either during the original comment period or the extended comment period.

The May 2006 Lampman submission also contains a copy of an undated proposed amendment to Vermont's "S. 117: An act relating to the state recognition of the Abenaki People." The document states that the general assembly finds:

(1) At least 1,700 Vermonters claim to be direct descendents ofthe 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. (VT General Assembly 2006, 1)

This statement is not sufficient to establish a genealogical link between the petitioner and a historical Indian tribe as required by 83.7(e). The bill states that 1,700 unnamed Vermonters claim to be direct descendents of "several indigenous Native American peoples," but it does not state that 1,700 Vermonters are direct descendents of a specific Abenaki Indian tribe in northwestern Vermont. Even if the proposed legislation said this, the statement would not demonstrate that the petitioner's membership consists of individuals who descend from a historical Indian tribe. An assertion that is not supported by appropriate documentation, about the ancestry of a group, by a contemporary state legislature or other source, is not a form of evidence that is acceptable to the Secretary to meet the requirements ofthe regulations. More specifically, the acknowledgment regulations in 25 CFR 83.7(e)(1) generally expect "evidence identifying present members or ancestors of present members as being descendents of a historical Indian tribe." The assertion expressed in the Vermont bill does not identify present members or name the ancestors of the "1,700 Vermonters." It only asserts that "at least 1,700" unnamed, unspecified Vermonters "claim" to descend from "several indigenous Native American peoples."

The "Against the Darkness" DVD video in the petitioner's August 2006 submission is a story about seven "Abenaki" Indians who have lived in northern Vermont during the last two

[50.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

centuries. The DVD presents the first of the seven individuals as being a child of a signatory of Robertson's Lease, the second individual as a descendant of the first, the third individual as a descendent of the second, and so on. The implication of this video presentation is that there are "Abenaki" Indians living in Vermont in the 21st century who descend from an Abenaki Indian who signed Robertson's Lease in 1765, and therefore that some of the petitioner's members descend from a historical Indian tribe. The "Against the Darkness" video also implies that this descent has been documented.

The "Against the Darkness" video is not evidence acceptable to the Secretary because much of the material that the video presents is not attributed in manner that allows verification by the Department. 29. Most problematic is the video's standards for genealogical evidence. For the PF, the petitioner submitted an introduction to the video. In this introduction, the video's producer, Frederick M. Wiseman, discusses the genealogical evidence he used for the video:

The foundation of the video is an American Abenaki pedigree. For clarity of message, the film will use a single documented Missisquoi Abenaki lineage from a well-respected online genealogy database, thereby avoiding exploitation of unpublished and proprietary tribal information. Due to the political implications of the lineage, the production uses aliases and approximate birth-dates to shelter the online genealogical source from cyber tampering. (Wiseman 3/2004, 4)

The video shields the video's "evidence" from independent verification and evaluation, and this statement acknowledges that it shields evidence and attempts to justify that shielding. Furthermore, because it uses "aliases and approximate birth-dates" for its subjects, "Against the Darkness" presents no real genealogy that can be evaluated by the Department. Neither the petitioner nor any other party submitted material to the Department that documents the genealogy ofthe seven characters in the video. The available evidence does not demonstrate that members of the petitioner descend from signatories of Robertson's lease, as the video suggests.

In his May 2006 comments, Moody calls the Department's attention to two document sets that he claims will help the petitioner establish descent from a historical Indian tribe. One document is associated with the "1786 Memorial of Joseph Traversy" to the Continental Congress, which mentions "22 Indians. . . [who] have been deprived of their lands" (Continental Congress 10/24/1786, 2; Moody 5/5/2006, 2). Moody claims that a list of these 22 Indians, along with all other related documents, "disappeared in the 1780's, and [have] never been found." The second set of documents to which Moody has called the Department's attention are associated with the "1784 Vermont Freemen's' Courts at Missisquoi." Documents from these courts, he claims, contain "extensive documentation ofthe Abenaki and Ira Allen conflict at Missisquoi in the 1780's which are rumored to have included two Freemen's' Courts held by Ira Allen's agent Thomas Butterfield." However, Moody states "[t]hese documents have not been found." He then proceeded to "urge all parties to this process to do an exhaustive search for any documents linked to this Vermont court case regarding the Abenaki at Missisquoi." He also expressed his
________________
FOOTNOTE:
29. See the discussion of the documents from the Manataka Indian Council and the March 31, 2005, notice, "Office of Federal Acknowledgment, Reports and Guidance Documents, Availability, etc." (70 FR 16515), on p. 20 of this FD, fora further discussion of this issue

[51.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

hope "that the BIA OFA, the Abenaki Nation of Missisquoi, all the interested scholars, and even the Vermont Attorney General's Office could work together, in the interest of the truth, to find these missing documents" (Moody 5/5/2006, 2). 30.

There is nothing in the text of the Joseph Traversy memorial to the Continental Congress that confirms such a list of "22 Indians" once existed. However, the text indicates that Congress referred the matter to the War Department (Continental Congress 10/24/1786, 2). Moody did not indicate that he searched the correspondence files ofthe War Department. Likewise, for the "1784 Vermont Freemen's' Courts at Missisquoi," the petitioner would have to find documentation that identified particular individuals as Abenakis from northwestern Vermont, and then provide appropriate documentation that the membership of the current petitioner descends from them. If such a list existed, it would have to identify at least some of these "22 Indians" as Abenakis from northwestern Vermont, and it would then be incumbent upon the petitioner to demonstrate that the membership of the current petitioner descends from them

The 25 CFR 83.5(c) acknowledgment regulations state that the "Department shall not be responsible for the actual research on behalf of the petitioner." It is the petitioner's burden to provide evidence to demonstrate its claims and meet the mandatory criterianot the Department The Department's March 31, 2005, notice, "Office of Federal Acknowledgment; Reports and Guidance Documents; Availability, etc.," states:, to investigate these claims.. There is no direct evidence that the list of "22 Indians" actually exists at present; Moody himself states the list "disappeared in the 1780's and has never been found." The available evidence does not directly state that such a list ever existed in the first place. Similarly, Moody claims that the records of the Freeman's Courts are "rumored" to contain relevant information. It is the responsibility of the petitioner,

One purpose of the comment period on the proposed finding is to give the petitioner and third parties an opportunity to present additional evidence in response to the findings on the petition. Submissions by the petitioner and third parties during the comment period, rather than research by the acknowledgment staff, are the most appropriate and efficient means to supplement the record of the petition (70 FR 16515).

This clarifies that it is the responsibility of the petitioner and third parties to submit additional evidence, and that it is not the burden of the Department to locate these "missing" documents. Neither the petitioner any other party submitted copies of these documents.

Moody's comments regarding the Joseph Traversy memorial and the records of the Freeman's Courts are the only substantive comments on 83.7(e). However, these comments depend upon
__________________
FOOTNOTE:
30. "Moody based his comments on the Joseph Traversy memorial on the Papers of the Continental Congress, in particular, on a document in roll 196 of the M247 microfilm copy of the papers. In the text of the Joseph Traversy memorial to the Continental Congress that Moody submitted, there is a passage stating that Congress referred the matter to the War Department. Moody did not indicate that he searched the records of the War Department. Following Moody's research in the Papers of the Continental Congress, OFA researchers investigated the letters and reports from Major General Henry Knox, the Secretary of War, between the years of 1786 and 1788, in the following collection: Record Group 360, Papers of the Continental Congress, items 150-151, M247, rolls 164-165. OFA researchers found no mention of the Joseph Traversy memorial and the "22 Indians."

[52.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

documents that may or may not have existed. If they did exist, they are also apparently "lost" and only "rumored" to contain useful information. Thus, although Moody correctly identified a problem with the SSA petition and provided substantive comments on it, he did not provide the evidence needed to support his claims.

Final Determination's Conclusions on Criterion 83.7(e)
The Department's PF concluded, based on the available evidence, that the petitioner did not satisfy criterion 83.7(e) because it did not properly identify its members, certify its current membership list, and demonstrate its descent from a historical Indian tribe or tribes that combined and functioned as a single autonomous political entity. The PF noted, with some ambiguity, that the available evidence demonstrated that 8 of the 1,171 full members on the group's "2005b" membership list, defined by its "A1" adult members and "C1" child members, descend from a historical Indian tribe. Before the issuance of the PF. The two other, older lists the petitioner provided were of limited evidentiary value. There was no explanation describing the context or composition of these lists, and they did not help to establish a link to a historical Indian tribe or tribes. The "Against the Darkness" DVD presents no real genealogy that the Department can evaluate. There is no reason to believe that the two alleged "missing" document sets from the late 18th century would demonstrate that the petitioner's membership descends from a historical Indian tribe. The commenter's speculations about "missing documents" cannot be verified and thus do not provide evidence for the purposes of 83.7(e), and the Department makes its decisions based on available evidence. Furthermore, the petitioner did not submit any other materials, as the PF requested, to demonstrate that any of its members descend from a historical Indian tribe., the petitioner submitted a letter that properly certified its 2005 membership list; however, the petitioner at no time submitted a current membership list that remedied any of the other deficiencies addressed by the PF

The FD includes an appendix entitled "Clarification of Simon Obomsawin, One ofthe Petitioner's 20 'Primary' Ancestors," to clarify the PF's above-mentioned ambiguity. When read together, the PF, the appendix, and the rest of the FD conclude that 8 of the petitioner's 1,171 full members, less than 1 percent, demonstrated descent from a Missisquoi Abenaki Indian ancestor. By 1800, most of the historical Missisquoi Abenaki Indian tribe had migrated to St. Francis, or Odanak, in Quebec, Canada. The available evidence demonstrates that these eight members descend from Simon Obomsawin, who once belonged to the St. Francis, or Odanak, Indian community, and who can be traced to the historical Missisquoi Abenaki Indian tribe through lists of Indians belonging to St. Francis, or Odanak. The available evidence does not demonstrate that these eight members were associated with the SSA petitioner before the 1990's. Furthermore, the available evidence does not demonstrate that the other remaining 1,163 members, or their claimed ancestors, descend from an earlier Missisquoi Abenaki entity in Vermont or any other historical Indian tribe. Therefore, the FD affirms the PF's conclusion that, based on the available evidence, the petitioner did not meet criterion 83.7(e).

Final Determination Against Federal Acknowledgment of the St. Francis/Sokoki Band of Abenakis of Vermont Pages 32 to 42:

[32.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

Criterion 83.7(c) requires that the petitioner has maintained political influence or authority over its members as an autonomous entity from historical times until the present.

Summary of the Proposed Finding
The PF concluded, based on the available evidence, that the petitioner did not meet criterion 83.7(c) at any point in time. The PF evaluated the petitioner's case over four distinct periods: (1) 1600 through 1800; (2) 1800 through 1900; (3) 1900 through 1975; and (4) 1975 through the present.

For the period before 1800, the PF concluded that the available evidence did not demonstrate that the petitioner's members or its claimed ancestral family lines were part of any Western Abenaki Indian tribe in either Quebec or Vermont. Additionally, the petitioner lacked evidence that its ancestors were part of the group led by the colonial period's known Western Abenaki chiefs, like Grey Lock and Joseph-Louis Gill. Furthermore, the petitioner did not provide evidence that its specific claimed ancestors were a group exercising political influence before 1800 (Abenaki PF 2005, 93-94). Consequently, the available evidence did not demonstrate that the petitioner's ancestors maintained political influence or authority over its group before 1800.

For the period from 1800 to 1900, the available evidence did not demonstrate that the petitioner's claimed ancestors were a group from 1800 to 1875, exercising political influence or authority. During this period there were several land claims made by Iroquois Indians who claimed land in northern Vermont. However, the available evidence does not show that an Abenaki group from northern Vermont was a party to these land claim activities. Furthermore, the accompanying discussions did not mention the presence of an Abenaki group residing in northern Vermont who might also have claim to lands in the northern part of the state.
The PF concluded, "no Western Abenaki entity containing the petitioner's claimed ancestors existed in northwestern Vermont in the 19th century capable of exercising political authority or influence," but encouraged the petitioner to provide evidence demonstrating how its claimed ancestors exercised political influence or authority as a group during this period (Abenaki PF 2005, 95).

Later in the 19th century, in particular, for the period from 1875 to 1900, the petitioner claimed that Nazaire St. Francis provided food and clothes to children, and that Cordelia (Freemore) Brow was a midwife; consequently, the petitioner argued, these two ancestors served as informal leaders of a community of its claimed ancestors. The PF concluded, however, that these activities alone did not constitute an exercise of political authority, but encouraged the petitioner to investigate the activities of these individuals further (Abenaki PF 2005, 95-96). Neither the petitioner nor any other party submitted comments that addressed this request by the Department.

[33.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

For the period from 1900 to 1975, the PF concluded that the petitioner "presented little evidence demonstrating informal leadership among any group of the petitioner's claimed ancestors" (Abenaki PF 2005, 107). Although the petitioner provided a few examples of individuals who allegedly exercised political influence, the PF found this evidence insufficient and requested more substantive evidence that these individuals influenced members of a distinct group and evidence that their authority extended beyond their family members. Furthermore, the PF encouraged the petitioner to provide information documenting how the group's ancestors responded to the Vermont Eugenics Survey or the Iroquois land claims of the 1950's, two events that would have been likely to elicit a political response from the petitioner's ancestors.

For the period since 1975, the PF noted the creation of the SSA as an active political organization, particularly as evidenced by the leadership of Homer St. Francis and Leonard Lampman. During this period, the SSA engaged the State of Vermont in several legal disputes, started its pursuit of Federal acknowledgment, and instituted several social and cultural programs. However, the PF concluded that the available evidence was not sufficient to demonstrate widespread participation by the group's members in these political processes; instead, the available evidence suggested the "political influence is limited to the actions of a few group members pursuing an agenda with little input from the membership" (Abenaki PF 2005, 108). Political influence should exist bilaterally between leaders and followers . 20. The PF recommended that the petitioner submit additional evidence, including meeting minutes and sign-in sheets, which might help clarify the nature of the political processes and the group's participation in those processes (Abenaki PF 2005, 102-103, 106).

In summary, the PF concluded that the available evidence was insufficient to show that the petitioner met the requirements of criterion 83.7(c) at any time during the period from early historical contact to the present.

Comments on the Proposed Finding
On May 15, 2006, the Department received a letter from the petitioner, signed by April St. Francis-Merrill and six additional council members that included four brief essays by Frederick Wiseman that constituted a partial response to the PF. Only one of these four essays, an essay about a "chief' in a souvenir postcard, addresses criterion 83.7(c).

On May 17, 2006, the Department received comments from Lester M. Lampman and several individuals associated with the petitioning group. These comments consisted of a photograph of Senator Patrick Leahy of Vermont with Leonard Lampman, a photograph of the "Grandma Lampman Site," and 11 pages of additional documents. Some of these comments apply to criterion 83.7(c) for the modern period.
_________________
FOOTNOTE:
20. The Department has interpreted the regulations in past decisions that, "[i]t must be shown that there is a political connection between the membership and leaders and thus that the members of a tribe maintain a bilateral political relationship with the tribe .... If a small body of people carries out legal actions or makes agreements, ... the membership may be significantly affected without political process going on or without even the awareness or consent of those affected" (Miami FD 1992, 15).

[34.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

On August 22, 2006, the Department received comments from the governing body of the petitioner, including a set of photocopied treaty documents, four Internet essays entitled "Abenaki History," and a collection of meeting minutes from the 1970's, 1980's, and 1990's. Much of this material applies to criterion 83.7(c).

John Moody submitted a set of comments that the Department received on May 15, 2006. His submission included 9 pages of comment and discussion; and 10 pages of photocopies of primary sources. Some of his comments apply to criterion 83.7(c).

The petitioner did not submit any additional information, as the PF requested, describing how its ancestors responded politically to the Iroquois land claims in the 19th century, or the Vermont Eugenics Survey (Abenaki PF 2005, 107). Similarly, the petitioner did not provide any further evidence, as the PF requested, describing the activities of Nazaire St. Francis and Cordelia (Freemore) Brow, the two women whom the petitioner alleged were informal political leaders (Abenaki PF 2005, 107). Moreover, although the petitioner submitted a collection of meeting minutes from the 1970's, 1980's, and 1990's, the petitioner did not submit any information, as the PF requested, demonstrating bilateral political influence between the SSA leaders and the broader membership.

Analysis for the Final Determination
For clarity, the FD will present its findings using the four periods of analysis that that the PF used. These four periods are: (1) first contact through 1800; (2) 1800 through 1900; (3) 1900 through 1975; and (4) 1975 through the present.

Political Influence, First Contact through 1800
In its August 2006 submission, the petitioner included comments that apply to the Abenaki Indians before 1800. These comments include the set of Internet essays from the "Manataka American Indian Council" on Abenaki history and culture during the 16th, 17th, and 18th centuries. These Internet essays, as described above under 83.7(b), are entitled to little weight as evidence within the meaning of the regulations. These essays provide some evidence in support of the PF's conclusion that there was an Abenaki entity in or around northern Vermont before 1800 that exercised political authority. However, the available evidence does not show that the Internet essays are discussing the petitioner's ancestors, and therefore these Internet essays do not help demonstrate that the petitioner's ancestors exercised political influence within a group in or around northern Vermont.

In the same August 2006 submission, the petitioner submitted several treaty and proclamation documents from the 18th century. These documents are described above under criterion 83.7(b). These documents speak of Indians in non-specific, generic terms and do not link the petitioner to any specific Abenaki Indians from northwestern Vermont. Therefore, these documents do not provide evidence that the ancestors of the petitioner exercised political influence within a group in northwestern Vermont before 1800.

[35.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

In his May 2006 comments, Moody discusses two sets of documents that were allegedly created in the late 18th century but, at present, either are not locatable or do not exist. Moody speculates that, if found, these documents might help describe Abenaki leadership in northwestern Vermont during the 18th century in a manner that would satisfy criterion 83.7(c). Moody's speculations, however, cannot be verified and thus do not provide evidence for the purposes of this criterion. As this FD discusses elsewhere, the Department makes its decisions based on available evidence (see criterion 83.7(e) for a further discussion of these documents and their unavailability).

Political Influence, 1800-1900
For the period from 1800 to 1900, there is one piece of information submitted in the comment period that pertains to criterion 83.7(c). This is a copy of the Treaty of Ghent, submitted by the petitioner in August 2006. This treaty, signed in 1814, secured peace between the United States and Great Britain following the War of 1812. As discussed under criterion 87.3(b) above, Article IX of the treaty discusses matters pertaining to Indians, but uses only the generic terms "Indian," "tribe," and "nation" to refer to Indian entities. The treaty makes no specific reference to an Abenaki entity or an Indian community in northwestern Vermont. Therefore, the Treaty of Ghent does not provide evidence to help the petitioner meet criterion 83.7(c).

Political Influence, 1900-1975
Although the petitioner provided a few examples of individuals who allegedly exercised political influence during this period, the PF found that this evidence did not demonstrate political influence as described by the criterion. The PF requested more substantive evidence that these individuals influenced members of a distinct group and evidence that their authority extended beyond their family members. Furthermore, the PF encouraged the petitioner to provide information documenting how the group's ancestors responded to the Vermont Eugenics Survey or the Iroquois land claims of the 1950's, two events that would have been likely to elicit a political response from the petitioner's ancestors. The petitioner did not submit any of this requested additional evidence during the comment period.

During the comment period, the petitioner resubmitted a black and white postcard picturing an unidentified "chief' to support its claim of political influence of an historical Abenaki Indian tribe in Vermont in the early 20th century. The PF stated the "chief' depicted on the souvenir tourist postcard did not provide evidence of political influence connected to the group's claimed ancestors. The petitioner's "Against the Darkness" video presentation contains the same black and white postcard showing a man sitting in a small boat. The photograph is undated, but the petitioner estimates that it dates to around 1900. The provenance of the postcard is unclear, but the petitioner stated earlier that "[t]he postcard was purchased from the Internet from a California collector" (Wiseman Catalog 2005). The postcard contains the caption "Chief of the Wabanacus, Highgate Springs, VT." In "The Case of the 'Chief of the Wabanacus' Post Card," Fred Wiseman states:

The BAR/BIA requires Euroamerican evidence of historical political activity and/or status by Vermont Abenakis to document political continuity. There is no

[36.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

more important signifier of Native political status in turn-of-the-century Anglo-America than the term "chief," especially when closely tied to an ethnic identifier.


One of the more interesting misinterpretations by the BAR/BIA of the Missisquoi documentary record is the case of the ca. 1900 postcard with a picture of a dark-complexioned man in a boat.... BAR/BIA attacks this simple, common sense evidence of political status by Euroamericans, making an implausible argument that the postcard does not mean what it says.


The specific term "Chief' was applied to the individual in the boat through a negative-incised legend at the bottom of the postcard. This postcard inscription was reinforced by the Ben Gravel memoir (e.g. Voice of the Dawn, page 144) that refers to a chief during the same general period in Swanton. (Wiseman 5/15/2006)

The name of the "chief," however, is scratched out, making identification of the individual impossible. If this man was a "chief' of any Abenaki community, the petitioner needed to provide a name for him, and describe at least some actions carried out under his leadership to be meaningful evidence under 83.7(c). The petitioner provided no documented information regarding this individual. This souvenir postcard does not provide evidence of political influence under 83.7(c) for the petitioner during this time.

Political Influence, 1975 to the Present
The PF analyzed ASHAI meeting minutes for the years 1978-1984 and 2001-2005. The petitioner censored some of the original ASHAI meeting minutes. The PF requested that the petitioner submit uncensored copies of the censored minutes, along with copies of meeting minutes for the years not yet submitted. The PF also analyzed SSA council meeting minutes for 1976-1984 and 1996-2005, but requested meeting minutes for the 1985-1996 period (Abenaki PF 2005, 102).

In its August 2006 submission, the petitioner submitted additional meeting minutes. There are three types of meetings for which the petitioner submitted minutes: council meetings, ASHAI meetings, and joint meetings of the council and ASHAI. During the comment period, the petitioner responded by submitting 293 pages of minutes of ASHAI meetings for the years 1987 to 1995, along with minutes from 15 joint meetings of the ASHAI and the council that spanning 1988 to 1997. The new submissions also included 600 pages of council minutes for 1976 to 1996.

With the previously submitted minutes, the petitioner's "tribal council" minutes cover a span from 1976 to 2005. The new and previously submitted ASHAI and joint minutes span from 1988 to 1995. There are some months for which the petitioner did not submit meeting minutes, indicating that there may not have been meetings during those months, or that the minutes were unavailable for submission; the petitioner did explain why certain months had no meeting minutes. As requested, the new submissions contained names of those who participated in the

[37.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

meetings. The comments, along with previous materials, support the PF's finding that the petitioner first created its political organizations in the 1970's.

The group began recording meeting minutes in the 1970's. In 1975, with the encouragement of Ronnie Cannes, a non-Abenaki, the group founded the ASHAI (SSA 10/1982 Petition, 105). It formed the "Abenaki Tribal Council," in late 1976 or 1977 (ATC 1977, 1). The two organizations often shared board members and overlapped in their activities. As a whole, the organizational minutes of ASHAI and the council showed some attempts by the group to seek support or to establish relations with Indian organizations, State agencies in Vermont, and Federal agencies. The group also became interested with tribal recognition issues beginning in the 1970's and continuing to the present. Their pursuit of tribal recognition issues brought them into contact the Native American Rights Fund, the State of Vermont, and Federal agencies.

Since 1995, most of the petitioner's political activities within its organizations were mainly the product of the St. Francis family and its limited number of supporters. The PF stated:

In 1995, he [Homer St. Francis, 1935-2001] led a successful drive to change the group's constitution to make the position of "Chief" a lifetime appointment limited to members of his family, a move that many in the group disagreed with and which contributed to a split within the group (Walsh 11/7/1995). When he became too ill to handle the daily responsibilities of the group, he named his daughter "Acting Chief' and then became the "Grand Chief" He remained in this position until his death in 200[1], and his daughter April (St. Francis) Merrill currently serves as "Chief." Two of St. Francis's sons served on the group's governing body with their father and sister for many years, as did a number of nieces and nephews.


... [A newspaper report from 1979 stated that] St. Francis's "authoritarian style" and his disregard for the opinions of others led to the formation of the breakaway group. This would not be the last time that a portion of the group split away from the main body nor would it be the last time that St. Francis's leadership was cited as the reason. (Abenaki PF 2005, 104)

The PF also stated:

The September 27, 1998, general meeting includes the information that 14 people were in attendance, but does not say whether those 14 included the people who were already serving on the council, or if all 14 of those people were eligible to vote. Nominations were made for members to serve on the ASHAI board and on the group's governing body, but instead of ballots being cast, the minutes indicate that ... the Chief cast one ballot, to elect Tribal Council and ASHAI board of directors by acclamation (SSA 1998.09.27, 1). Further, the minutes read as follows: "We don't have to have an election. You are all now all Tribal Council and ASHAI board of directors. . . ." (Abenaki PF 2005, 103)

[38.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

The petitioner did not provide evidence that the membership as a whole cared about, agreed, or disagreed with the decisions and actions of its leaders. An important task for the petitioner during the comment period was to provide evidence of bilateral political influence between the council members and ASHAI officers on the one hand, and the broader membership on the other.

The available minutes from the council, ASHAI, and joint meetings did not show that members participated in the decision-making process or that they expressed concern about the importance of political issues. That is, the minutes do not show bilateral influence between the council members and ASHAI officers on the one hand, and the broader membership on the other. For example, on March 12, 1977, a special membership meeting called to adopt a "Constitution for the Abenaki Nation/Vermont" had only 19 members present.

Another example that suggests a low degree of participation in the SSA's political process can been seen by examining the attendance at nomination meetings. The petitioner's nomination meetings represented one of the few times that the general membership could nominate and vote for candidates to run for offices of the petitioner's organizations. Yet, the SSA had only limited attendance at these meetings. While petitioner's membership during the late 1970's and early 1980's varied between 300 and 1,670 members, the attendance at the nomination meetings were very limited. The following is a list of the SSA's nomination meetings and the number of people who attended them:

On September 26, 1977, 39 people attended.
On August 13, 1979, 18 members attended.
On August 5, 1981, 37 people attended.
On September 30, 1982, 19 people attended.
On December 7, 1982, 17 people attended.
On August 30, 1983, 24 people attended.
On September 27, 1984, 10 people attended.
On September 2, 1985, 13 people attended.
On September 17, 1986, 9 people attended.
On August 27, 1987, 16 people attended.

During this 10-year period, an analysis of the 120 members attending the nomination meetings demonstrated:

85 members attended only one meeting.
14 members attended two meetings.
5 members attended 3 meetings.
2 members attended 4 meetings.
4 members attended 5 meetings.
3 members attended 6 meetings.
0 members attended 7 meetings.
1 members attended 8 meetings.
0 members attended 9 meetings.
2 (Homer St. Francis and Leonard Lampman, Sr.) attended all 10 meetings.

[39.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

After 1987, council minutes of nomination meetings are not available.

The minutes show the group first created its political organizations in the 1970's, but they engaged only a few members of the petitioner's group. The evidence does not demonstrate a bilateral political relationship between the rest of the members and the group's leadership. For example, on September 11, 1978, 24 people attended the meeting. Homer St. Francis spoke about "having more people attend meetings and having more volunteers instead of the same ones all the time." The PF commented that this low rate of participation in the group's decision-making process and elections showed a lack of a bilateral relationship between the group's leadership and the broader membership (Abenaki PF 2005, 103). Between August 1976 and October 1996, a review of 194 council meetings and the number of participants revealed that the average attendance of council meetings was between 8 and 9 individuals of whom 4 to 8 were board members. The available information reveals that attendance at council meetings did not represent an attendance high enough to demonstrate the involvement of a substantial portion of the group's members. High levels of meeting attendance are not required to demonstrate the existence of political processes, and this final determination has evaluated the evidence about meeting attendance together with other evidence of political participation for this period. However, the evaluation of that other evidence for both the proposed finding and the final determination does not show that the group's political activities involved a signification portion of the group's membership or that a bilateral relationship existed between the members and the group's leaders.

Since the 1970's, the petitioner has claimed, to varying degrees, as many as 1,500 to 2,000 members in its group. However, as indicated by the minutes, the petitioner lacks a clear understanding of the numbers of its claimed members. As discussed above in criterion 83.7(b), at a September 10, 1996 "tribal council" meeting, "potential citizens" had been "selected more-or-less at random from the genealogy computer and the phone book" (ATC 9/10/1996). Recruiting "potential citizens" from the Internet and a phone book demonstrated that the petitioner lacked a community over which to exercise political authority. Moreover, the minutes clearly demonstrate that only a fraction of the members participated in political decision-making processes regardless of the actual number of members. Attendance at meetings is only one way that a group may document political processes. In this case, however, the petitioner did not provide other evidence to show that the members were aware or involved in issues of concern to the governing body.

Based on the available evidence, the petitioner's political influence is similar to that maintained in social clubs, nonprofit groups, or other voluntary organizations. Generally, a small number of the petitioner's members carried out political actions affecting the political interests of only a small number of active members, but the available evidence shows that the rest of the claimed members had little or no participation in the council's actions. Under the acknowledgment regulations, a petitioner must be a distinct political body, able to exercise significant formal or informal influence over its members, who in turn influence the policies and actions of the leadership as defined under criterion 83.7(c)(1)(iii). The available evidence demonstrates that participation in the group's political processes was not widespread across the claimed members.

[40.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

Lester Lampman's comments indicated his concern about the process to achieve Federal recognition and attempted to provide some support for the group's petition. Lampman's cover letter included a short history of his family and the petitioning group. His comments included: (1) A letter from Congressman Leahy to Chief Leonard Lampman, (2) Picture of Grandma Lampman's Plaque [See discussion in criterion 83.7(a) above], (3) Internet descriptions of a few corporations, associated with the petitioner and (4) other materials. Mr. Lampman's letter referred to oral tradition materials, but during an extended comment period, he did not submit these materials. Mr. Lampman's comments generally lacked supporting documentation and explanation of the political processes of the petitioner as defined under criterion 83.7(c).

John Moody also submitted comments regarding political influence for the petitioner for this period. He stated:

... leadership among the Missisquoi Abenaki has clearly been a matter of following by example rather than by an imprimatur granted by a Euro-American sovereign. This Missisquoi leadership pattern is found extensively from the 19th and 20th century with both women and men. Although Homer St. Francis and Blackie Lampman were major leaders, and chiefs, in the 1970's to 1980's Missisquoi re-emergence, their daughters Chief April St. Francis Merrill and Louise Lampman Larivee, are major leaders in the current time period.


... Even in the 20th century, when all non-Native institutions and law inveigh against it, there are still some examples of matrilinearity at Missisquoi. There are also numerous examples of women in major leadership roles, including the role of community leader. (Moody 5/5/2006, 4)

Moody did not provide additional names of leaders nor did he document his claims of the political leadership for the petitioner. Moreover, he did not demonstrate the group had maintained political influence over its members throughout history as an autonomous Indian entity.

For the period since 1975, the petitioner did not demonstrate its leaders could influence and mobilize the claimed membership. The petitioner did not show that there was widespread knowledge, communication or involvement in political processes by most of the group's members or that its members considered issues and actions by the leaders to be of importance. The council's activities did not show that a bilateral political relationship existed. The available evidence for both the PF and the FD does not demonstrate that the claimed membership as a whole was aware of or affected by council activities in significant ways.

Final Determination's Conclusions on Criterion 83.7(c)
The PF concluded that there was an Abenaki entity in or around northwestern Vermont through the late 18th century. The PF also concluded that the available evidence did not show that the petitioner's ancestors had a historical connection to these 18th-century Abenaki Indians. During the comment and response periods, the Department received no additional evidence showing that the petitioner's ancestors belonged to an Abenaki Indian entity living in Vermont prior to 1800.

[41.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

The petitioner submitted documents that discussed 18th-century Abenaki Indians, but no evidence that these Abenaki Indians were the petitioner's ancestors. John Moody alluded to 18th century documents that were allegedly missing; however, Moody's speculations cannot be verified and thus do not provide evidence for the purposes of 83.7(c). The Department makes its decisions based on available evidence. Therefore, the FD affirms the PF's conclusions and determines that petitioner does not meet criterion 83.7(c) before 1800.

For the period between 1800 and 1900, the PF concluded that the record did not contain any evidence that demonstrated the exercise of political influence as required by criterion 83.7(c). In particular, the PF noted the lack of political activity on the part of any Vermont Abenaki group to dispute claims made by the Iroquois Indians to lands in Vermont. The petitioner mentioned two ancestors, Nazaire St. Francis and Cordelia (Freemore) Brow, who provided food to children and served as a midwife, respectively. However, the information provided about these women does not constitute sufficient evidence to demonstrate that the two were "exercising political authority or influence" as required by criterion 83.7(c). The PF encouraged the petitioner to submit more information on the activities of these two ancestors during the comment period (Abenaki PF 2005, 96); however, the petitioner did not do so. During the comment period, the Department received only one document that referred to political activity in the 19th century, a copy of the 1814 Treaty of Ghent. This document does not specifically refer to the petitioner and is too vague to assist in addressing the criterion. Therefore, the FD concludes that the available evidence is not sufficient to satisfy criterion 83.7(c) between 1800 and 1900.

For the period since 1900, the PF encouraged the petitioner to submit evidence that its ancestors maintained political influence or authority over each other as an autonomous entity from historical times to the present. Similarly, the PF asked the petitioner to provide documentation of the political authority of "family bands" and political leaders before the formation of its 1970's council. The petitioner's comments did not demonstrate what its claimed ancestral leadership or families were doing to exercise political influence or authority, nor did the petitioner show its claimed ancestors exercised political influence or authority over each other as an autonomous entity since 1900. Petitioner did not offer evidence of its general membership acknowledging the heads of petitioner's recent organizations as leaders. The petitioner's comments did not contain sufficient evidence to remedy the deficiencies noted by the PF. For the period from 1900 to the present, the petitioner did not demonstrate political influence and or authority as an autonomous entity. Therefore, this FD affirms the PF's conclusion that the petitioner does not meet criterion 83.7(c).

Based on the available record, the FD concludes that there is insufficient evidence to demonstrate that the petitioner maintained political influence or authority over its members as an autonomous entity at any point in time. Because the available evidence does not demonstrate that the petitioner maintained political influence or authority over its members as an autonomous entity from historical times until the present, the petitioner does not meet criterion 83.7(c).

[42.]

St. Francis/Sokoki Band of Abenakis of Vermont (Petitioner #68)

Criterion 83.7(d) requires a copy of the group's present governing document including its membership criteria. In the absence of a written document, the petitioner must provide a statement describing in full its membership criteria and current governing procedures.

Summary of the Proposed Finding

The PF found that the petitioner satisfied criterion 83.7(d) by submitting a copy of its governing document, a document entitled "Constitution of The Sovereign Republic of the Abenaki Nation of Missisquoi." This constitution "was presented to the citizenry at a Special General Meeting on November 5, 1995" and "ratified at a Special General Meeting" on February 25, 1996 (SSA Constitution 02/25/1996, 11). This document described the group's membership criteria and current governing procedures. The petitioner also submitted a copy of a superseded 1982 constitution and meeting minutes. However, the PF noted several minor issues with the 1996 constitution and suggested that the petitioner remedy these issues. (Abenaki PF 2005, 110-112).

Summary of the Comments on the Proposed Finding
The Department received no comments, from either the petitioner or any other party, on the PF's conclusions under criterion 83.7(d).

Final Determination's Conclusions on Criterion 83.7(d)
The Department's PF concluded that, based on the available evidence, the petitioner satisfied criterion 83.7(d). Although the petitioner did not respond to the Department's suggestions in the PF, the available evidence satisfies the criterion. Therefore, the FD affirms the PF's conclusion that the petitioner meets criterion 83.7(d).

FASCINATING-ENLIGHTENING-INFORMATIVE ISN'T THIS DOCUMENTATION? THERE IS MORE TO BE POSTED.....