St. Francis/Sokoki Band of Vermont Abenakis: Proposed Finding--Summary Under the Criteria--That This Group Does Not Exist As A Indian or Abenaki Tribe: Pages 147 to 149 plus Charts A-1,2,3,4,5,6 and B-2:

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 147

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.

In its petition, the SSA states, "The current memberships of the St. Francls/Sokoki Band is not composed of people who have membership in any other North American Indian Tribe" (SSA 1986.05.23 [Addendum 13] 171).

An earlier petition submission (SSA 1982. 10.00 Petition, 181[168]), presenting "criteria used in determining membership" that were "otherwise tacit and taken-for-granted among Tribal Council members," contained a proscription against membership for any applicant who is a member of a federally acknowledged tribe, band, or community:

Any person of Abenaki descent, whether through the male or female Linde [sic], Who is not currently a member of another recognized North American Indian tribe, is eligible for membership in the St. Francis/Sokoki band of the Abenaki Nation. (SSA 1982. 10.00 Petition, 181[168])

The SSA's current governing document contains a similar proscription in Article I, Section 2 (b):

Any person of Abenaki descent as determined by the Chief and Tribal Council, who is not a citizen of any other- North American Tribe and who is not a citizen of any other country, is eligible for citizenship. The Chief and Tribal Council may seek advice and council from the Board of Elders regarding citizenship eligibility." (Petitioner 2005, 1996 constitution)

The petitioner submitted two copies of an "enfranchisement form" mentioned in Article 1, Section 2, of the current governing document. The first form was hand-labeled "Enfranchisement form" and was entitled "Application for Citizenship and Indian Status Sovereign Republic of the Abenaki Nation of Missisquoi." It included labeled spaces for name, address, telephone, spouse's name, maiden name, birth date and place of birth, and names, birth dates and places of birth of the applicant's children. At the top, the form provides spaces for date of "citizenship" approval, initials of certifying official, "identification number" and "band number." At the bottom of the form are two statements with a signature line for the applicant: a "certification" statement avowing that the applicant has entered true information and is applying for "citizenship" in the group, and a "subordination" statement agreeing to abide by the rules, regulations and policies of the group. Space is not provided beneath these statements for a date of signature or for a witness signature. The back of the form is a three-generation ascending pedigree history chart, beginning with the applicant's parents and ending with the applicant's great-grandparents. The second "enfranchisement form," specified for "reauthorized families," is identical to the first with the exception of the pedigree history chart, the second "enfranchisement form" has spaces only for the applicant's parents' information, followed by the statement "the remaining information is available in the archives." The "enfranchisement" forms do not have a statement that the applicants must sign affirming that they are not members of a

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 148

recognized North American Indian tribe and are not citizens of another country. The petitioner is strongly encouraged to require such a statement from its members.

The petitioner indicated that a number of current members are not listed on the group's current 2005b membership list. The petitioner is strongly encouraged to include all members on its membership list for consideration under this criterion.

The Department has riot compared the petitioner's membership list with the membership lists of the Canadian Abenakis or any of the New York or northeastern United States tribes.

Conclusion
No evidence has been found to indicate that any of the petitioner's members are enrolled in any federally recognized tribe. Therefore, the petitioner meets the requirements of criterion 83.7(f).

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 149

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

In its petitioner, the SSA states, "[The Band] has never been terminated by the Congress nor does the membership of the Band belong to any terminated tribes" (SSA 1986.05.23 [SSA 1986.05.23 [Addendum B], 171)

There is no evidence that the petitioner has been subject to congressional legislation that hags terminated or forbidden the Federal relationship as an Indian tribe.

Conclusions

The petitioner meets the requirements of criterion 83.7(g).

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Appendix A

A-1

Information Chart on Petitioner's

Claimed Ancestor Families

First Vermont Appearance by Petitioner's

Claimed Ancestors

or Their Descendants

(See Chart Document For Details)

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Appendix A

A-2

Information Chart on Petitioner's

Claimed Ancestor Families

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Appendix A

A-3

Information Chart on Petitioner's

Claimed Ancestor Families

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Appendix A

A-4

Information Chart on Petitioner's

Claimed Ancestor Families

FOOTNOTES:

1. Day 1948.07.00 - 1962.11.13, 4. (Regarding Simon Obomsawin on the A-4 Chart)

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Appendix A

A-5

Information Chart on Petitioner's

Claimed Ancestor Families

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Appendix A

A-6

Information Chart on Petitioner's

Claimed Ancestor Families

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

B-2

Witnesses Present

Edward Simmonds
Peter Stanley
Richard McCarty

(Signed)

Daniel Poorneuf (LS)
Francois Abenard (LS)
Francois Joseph (LS)
Jean Baptiste (LS)
Jeanssis (LS)
Charlotte (LS)
Marian Poorness (LS) Theresa daughter of Michel (LS)
Magdelaine Abenard (LS)
James Robertson (LS)

Be it remembered that personally appeared before me Richard McCarty ascribing witness to the foregoing instrument, and made oath on the holy evangelist of Almighty God that he the informant is ascribing witness to and did see the within named Kapen Segou, Daniel Poorneuf, Francois Abenard, Francois Joseph, Jean Baptiste and Jeanssis, Charlotte, Marian Poorneuf, Theresa daughter to Joseph Michel, Magdelaine Abenard, sign, seal and as their respective acts and deeds, deliver the within written instrument in waiting purporting to be a lease of land therein mentioned, to James Robertson, therein also mentioned and that the several names of him this informant, Edward Simmonds and Peter Stanley are of the respective hand writing of him, this informant Edward Simmonds and Peter Stanley.

(signed) Richard McCarty

Sworn before me this 20th Day of September 1765
(signed) Thomas Brashay, J. P.

The foregoing is a true copy of the Original,
Registered and Recorded by me, J.
Goldtrap Debrigs [?]

United States Department of the Anterior

OFFICE OF THE SECRETARY

Washington, DC 20240

NOV 10, 2005

Ms. April Merrill
P.O. Box 276
Swanton, Vermont 05488

Dear Ms. Merrill:

The petition of the group known as the St. Francis/ Sokoki Band of Abenakis of Vermont, Petitioner #68, for Federal acknowledgment as an Indian tribe has been reviewed under Code of Federal Regulations, Title 25, Part 83, Procedures Establishing That An American Indian Tribe Exists as An Indian Tribe (25 CFR Part 83). Based on available evidence, the Associate Deputy Secretary of the Interior (ADS) is proposing to determine that the Petitioner #68 does not exist as an Indian tribe within the meaning of Federal law.

Enclosed please find copies of the Summary under the Criteria for the proposed finding. You, any individual, or organization wishing to challenge or support the proposed finding shall have 180 days from the publication date of the Federal Register notice to submit arguments and evidence to the ADS to rebut or support the proposed finding. Interested and informed parties who submit arguments or evidence to the ADS must provide copies of their submissions to the petitioner. A copy of the approved notice is enclosed and we will send you a copy of the notice when it is published in the Federal Register. The comment period will begin upon the date of publication of the notice in the Federal Register.

During the comment period, the ADS shall provide technical advice concerning the factual basis for the proposed finding, the reasoning used in preparing it, and suggestions regarding the preparation of materials in response to the proposed finding. The ADS shall make available to the petitioner in a timely fashion any records used for the proposed finding not already held by the petitioner, to the extent allowable by Federal law.

In addition, the ADS, if requested by the petitioner or any interested party, hold a formal meeting during the comment period for the purpose of inquiring into the reasoning, analyses, and factual bases for the proposed finding. The proceedings of this meeting shall be on the record. The meeting record shall be available to any participating party and become part of the record considered by the ADS in reaching a final determination. A copy of the guidelines concerning formal meetings is enclosed.

Should you have any questions, please do not hesitate to contact the Off iceof Federal Acknowledgment, 1951 Constitution Avenue, N.W., MS 34B-SIB, Washington, D.C. 20240 or call (202) 513-7650.

Sincerely,
R. Lee Fleming
Director, Office of Federal Acknowledgment

Enclosures:
Press Release
Approved Federal Register Notice Summary under the Criteria
Formal Meeting Guidelines

cc With Enclosures:
Mr. Mark Nestor

Interested parties:
Governor of Vermont
Attorney General of Vermont

Informed parties:
Mr. John Moody
MY RESPONSE:
This afore-posted documentation regarding the Proposed Finding by the OFA known as the "Office of Federal Acknowledgment"  from November 09, 2005 apparently is BEING IGNORED by the State of Vermont Legislative Representatives and by the Vermont Governor, James Douglas.

The B.I.A.'s "Office of Federal Acknowledgment" REPEATEDLY REQUESTED of April Ann (nee: St. Francis) Rushlow-Merrill, Frederick Matthew Wiseman PhD., and John S. Moody to substantiate their group's claims of Abenaki descent, etc., etc.

What the Office of Federal Acknowledgment got in response was NOTHING from these people. Reminds of me of the saying, "Shit in one hand, then wish in the other....and see which one fills up faster."

The reason, I think...that NO PROOF, NO CLEAR-and-CONVINCING EVIDENCE, and NO SUBSTANTIATION from this self-proclaimed "St. Francis/ Missisquoi Abenaki" group, is simply this:

THIS GROUP INCORPORATE (who are not documented socially-historically-and genealogically)....ARE NOT WHO THESE PEOPLE CLAIM TO BE. This group of people are ALLEGEDLY "Abenaki"...who have RE-INVENTED themselves, into BEING ABENAKI.

OR NOT ABENAKIS AT ALL

The State of Vermont now wants to turn i-n-c-o-r-p-o-r-a-t-i-o-n-s into Indian/ Abenaki Tribes, sanctioned by the State in possibly 2011, by a Vermont Commission on Native American Affairs, chaired by one Incorporate President "Chief," Luke Andrew Willard, and others appointed to this Commission, who come from their recently-concocted "Abenaki Alliance."

So, what the newly-appointed, recently-reconstructed, recently-restructured VCNAA and this recently-concocted or created "Abenaki Alliance "of 5 of these State of VT-sanctioned INCORPORATIONS want to do....is circumvent ("go around"), manipulate, deceive, and lie their way into gaining Vermont State Recognition...WITHOUT HAVING TO PROVIDE clear and convincing genealogical-social-or historical record documentation, that ACTUALLY APPLIES TO THESE GROUPS (or their members) in order to supposedly "sell their B.S." to everyone. Any evidence provided by these 4 or five "Abenaki" Inc. groups will be "shielded from the public review"....(that way IF the State of Vermont Legislative does succeed in their "MAKING ABENAKIS," no one will be able to realize the truth until the damage of distortions, manipulation and lies, is done).

How "FAIR" and "UNBIASED" and "TRANSPARENT" is this "GAME" these groups are playing today, while appointed to the VCNAA, to try and recommend to the VT Legislature, their own State Recognition?

The answer is obvious

Next....

St. Francis/Sokoki Band of Vermont Abenakis: Proposed Finding--Summary Under the Criteria--That This Group Does Not Exist As A Indian or Abenaki Tribe: Pages 138 to 146:

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 138

The information in the SSA's 2005 genealogical database did not link members' ancestors to a historical tribe. The database did not include source citations for information contained in the database and the vital records and other historical documents submitted by the petitioner, and the State of Vermont supplied documentation for only a few of the petitioner's members and claimed ancestors (20 birth records, 28 marriage records, and 8 death records plus 3 obituaries). Thus, OFA researchers were unable to verify birth date, birthplace, parents' names, marriage date and spouse's name, or children's names except for those enumerated on U.S. censuses. The petitioner needs to update its genealogical database to include citations to evidence verifying dates and relationships, histonical "primary" ancestor, and membership status. Numerous individuals listed on the SSA's 2005b membership list (as A- 1, A-2, and Children) were not entered in the 2005 FTMTM database (see discussion under criterion 83.7(e)(2)).

In addition, the 20 "primary" ancestors claimed by the petitioner were not of the same generation and OFA researchers were unable to verify that individuals in all the "primary" ancestral families were living in a community together continuously through time. In some cases, their first recorded residences in Vermont span more than a century, indicating they did not all immigrate at the same time. The petitioner will need to demonstrate that its named progenitors were a part of a community that migrated over time, or that the progenitors arriving at later dates joined the existing community. Some did not live at the same location prior to appearing in Vermont, according to the petitioner's records (Hakey came from Massachusetts; Medor came from St. Regis, Quebec; Gibeau/Cheney came from Lacolle, Quebec, Hance came from St. Mathias/ St. Jean, Quebec, area; Hoague may have come from the St. Dominique/St. Hyacinthe, Quebec, area; and Obomsawin came from St. Francis/Odanak, Quebec). Standard genealogical research starts in the present and works back through time, documenting each preceding generation. By doing this, the petitioner should be able to identify its ancestors who may have been contemporaries and living in a community.

The petitioner needs to provide an analysis of documents which it claims contains the names of members or ancestors of members, including a list of members or ancestors of members shown in each document. If the identity of a person on the list is uncertain or incomplete, such as having only initials, or the wrong initials, or naming a person identified on another document in a different place at the same time, the petitioner should include in its analysis supporting documents or information to substantiate the identity of the claimed member or ancestor named in each document.

Although documents submitted by the SSA provided evidence indicating that 8 of the petitioner's current members may in fact descend from one Indian ancestor (Simon Obomsawin) who appears to have been an Abenaki Indian living at St. Francis (Odanak), Canada, in the late 19th century, and 16 of the petitioner's current members may in fact descend from a second Indian ancestor (Jean Charles Nepton) who appears to have been an Abenaki Indian living in Roberval Township, Chicoutimi County, Quebec, Canada, at about the same time, no primary or reliable secondary documentation was submitted or located that adequately identified any of the other 18 claimed ancestors as descending from or belonging to a community of Missisquoi Abenakl or Western Abenaki Indians residing in Canada, Vermont, or elsewhere prior to their appearance in the Swanton, Vermont area.

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 139

The petitioner should seek contemporary, primary evidence documenting individual family ancestors identified in the petition so that they can be traced to their historical ancestors. Vermont county court records, contemporary newspaper accounts, and provincial records from Canada are possible sources of evidence. Although deeds are limited in the amount of individual identifications they provide, they can be used to locate ancestors, especially if these records span decades. Records of the French and Indian War and the American Revolutionary War, as well as U.S. Civil War pension or service records, individuals, often identify individuals as Indian, sometimes naming the tribe of affiliation, but more importantly they tell the genealogist vital details about the lives of soldiers and their dependants. These types of records are readily available from a variety of sources. The petitioner should also submit the photocopies of the records it previously submitted as abstracts.

As stated in Procedures Establishing That an America Indian Groups Exists as an Indian Tribe:
For most groups, ancestry need only to be traced to rolls and/or other documents created when their ancestors can be identified clearly as affiliated with the historical tribe. (U.S. Federal Register 2/25/1994, Vol. 50/38, 9288)

About 10 percent of the individuals named on the SSA's current (2005b) membership list (section A-1 and Children labeled C-1) and database cannot be connected to parents or spouses, much less to distant ancestors. Therefore, family charts, showing names of spouses, parents, and children are vital information in documenting the lineage of the petitioner's membership to the claimed historical tribe. Ensuring that members are entered in the group's genealogical database, along with their ancestors and descendants, provides OFA researchers the necessary information to conduct an analysis of the petitioner's claims. Where possible, the petitioner should submit vital records, which are critically in understanding the ancestry and genealogical relationships of group members. The petitioner should also submit evidence that persons on the membership list have affirmatively consented to be included in the petitioner's membership (see 25 CFR 83. 1, "Member of an Indian group").

Summary

The entity claimed by the SSA as its historical tribe is the "Missisquoi Band of Western Abenaki Indians." There is no primary or reliable secondary evidence in the record that the petitioner's claimed ancestors (specifically the 20 "primary" ancestors discussed above) descended from such a tribe. Nor is there evidence in the record that any of the 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 for St. Francis (Odanak) Indians in Canada (Recensement du Villages 1873; Recensement du Villages 1875; Indian Distributional Pay List 1893.04.14), with the possible exception of the 8 current members who are descendants of Simon Obomsawin. "Determination" of Abenaki descent by the "Chief' or "Tribal Council," as specified in the group's governing document, is insufficient to document descent from a historical Indian tribe.

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 140

~Pay Attention To This Page Content~

There is insufficient genealogical documentation of the petitioning group's members and their individual ancestors to demonstrate descent from a historical Indian tribe by evidence acceptable under 25 CFR Part 83. "The primary evidence submitted by the petitioner and the State, or found by OFA researchers, does not support the petitioner's claims.

Criterion 83.7(e)(2) requires that

the petitioner must provide all official membership list, separately certified by the group's governing body, of all known current members of the group.

Memberships

Memberships Eligibility Criteria

As defined in the SSA's current governing document, dated February 25, 1996, members must document direct descent from "an Abenaki family listed on the 1765 James Robertson lease" or "be a person of Abenaki descent as determined by the Chief and Tribal Council" (SSA 2005, 1996 constitution).

Membership Application Process

The petitioner has not submitted documentation of the methodology for enrolling members. The minutes and correspondence of the petitioner's "Tribal Council" do not contain any mention of the governing documents or ordinances being used to determine membership. The minutes do show votes by the tribal council to accept members as well as disenfranchise members in 1977 and 1978 (SSA Minutes 1977.02.21, 1; SSA Minutes 1977.11.28,1; SSA Minutes 1978.03.21), but the names of the individuals were redacted or were not recorded. The minutes do not show a vote by the tribal council to certify membership lists.

Documentation of Descent

The documents submitted by the petitioner do not demonstrate how its membership meets the group's own membership criterion. However, the regulations under criterion 83.7(e) do not require that a petitioner's members meet the group's membership criteria, only that a petitioner's members "descend from a historically Indian tribe or from historically Indian tribes which combined and functioned as a single autonomous political entity." The documents submitted by the petitioner do not demonstrate that its members descend from such a historical Indian tribe.

Termination or Severance of Membership

The petitioner's current governing document (SSA 2005) briefly addressed procedures for voluntary resignation from membership, causes for temporary and permanent expulsion, and removal from the "Tribal Roll or List." Reference is made to "resolutions" and "statutes" regarding these tissues, but no copies of such documents were submitted by the petitioner.

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 141

Membership Lists

The petitioner has submitted three membership lists: one dated December 19, 1995, and received by BAR on Januarys 17, 1996, one undated (126.) and received by OFA on May 16, 2005 (see detailed description below), and the third one dated August 9, 2005, and received by OFA on August 23, 2005. For purposes of this PF, the first membership list will be referred to as the 1995 list, the second memberships list will be termed the 2005a list, and the last will be designated the 2005b list. They are all incomplete; that is, they do not meet the regulations as defined under criterion 83'7(e). The 1995 membership list is not certified and does' not contain the full residence address for all members and maiden names for married female members. The 2005a membership list does not contain the full birth date or residential address for all members, and does not contain the maiden names of married female members. In addition, the 2005a list is not separately certified, as required by the regulations under criterion 83.7(e). Finally, the 2005b membership list does not contain the full birth date or residential address for all members and it is not separately certified. These technicalities may be corrected for the FD.

The 1995 membership list contained 1,257 names of adults and children, including 7 double entries and 1 triple entry, making the corrected total membership 1,248. This list was composed of 51 pages with columns headed Last (name), First (name, sometimes with middle initial), Address (mailing), City, State, Zip, Band (membership number), DOB (date of birth), Maiden (name), Father, and Mother. The 1995 membership list was not dated and no information was provided concerning the circumstances which list was compiled.
The 2005a membership list contained 4,753 names distributed into sections as shown below.

See Document Image for Details This membership list, excluding deceased members, contained 4,485 entries, although this includes some duplicate entries and individuals not currently considered members by the petitioner (see discussion below). No explanation of the categories (A 1, A2, M2, 0, etc.) was included with the submission, although sections labeled "Children" and "Deceased" were self-

FOOTNOTES:

126. The binder containing the governing document was dated May 13, 2005.

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 142

explanatory. For the purposes of this PF, only the A1 and Children categories on the 2005a membership list are considered full members (see below), reducing tile group's memberships to 1,361 individuals. Each section comprises pages printed front and back with a single-column of individual names arranged alphabetically by surname, with an address following the name. As on the 1995 membership list, addresses are often incomplete ("same as father") or given as a

mailing address rather than as a residential address as required by the regulations. Maiden names of married female members are not provided on this list. The 2005a membership list submitted in May 2005 was not separately certified as required by the regulations and no iinformation was concerning the list was compiled.

The 2005b membership list contained 2,506 names distributed into sections as shown below. An explanation of the categories (A1, A2, and Children labeled as C1 or C2) found on this membership list and those categories used on the 2005a membership list was included with the submission. OFA researchers compared the petitioner's 2005b membership list with the petitioner's 2005 FTMTM genealogical database and identified duplications in the lists. The membership figures shown below have been adjusted for these duplications.

Section Label....Number....Pages....Designation by Petitioner

See Document Image For Details

The number of members with completed membership files on the current (2005b) membership list totaled 1,171. The A1 and A2 lists were printed on one side of double-sized (11 in. x 17 in.) computer printout paper in the form of a 10-column table. Names were arranged alphabetically by surname with columns headed Rec# [record or line number],  [A1 or A2 classification], Last Name, First Name, Address, City, ST [state abbreviation], Zip_Code, Band — #, D.O.B. [date of birth], and Maiden_Name. The C list was also printed on one side of double-sized computer printout paper in a 14-column table. Names were arranged alphabetically by surname as in the A1 and A2 sections and the same columns were present, with the addition of four columns labeled P.O.B. [place of birth], Mother, Father, and Sex [M or F]. Individuals (children) classified as C1 (complete membership file) and C2 (incomplete membership file) were interspersed on the children's list. As on the 1995 and 2005a membership lists, addresses were often incomplete ("Carrie Road" or "Same as Mom") or given as mailing address or post office box rather than the residential address as required by the regulations. In all of the sections (A1, A2, and Children), most of the listings contained full birth dates (although a few birth dates are missing). The 2005b membership list submitted in August 2005 was not separately certified as required by the regulations and no information was provided concerning the circumstances under which the list was compiled.

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 143

The SSA informed OFA that individuals listed in the A1 section of the group's 2005a and 20051) membership lists had completed their membership documentation and were considered full members with voting rights. Individuals listed in the A2 section were considered full members also but without voting rights until their membership files are complete; OFA researchers are uncertain whether the files are incomplete because of missing ancestry documentation, application forms, or copies of vital records of the petitioner even though, according the group's current governing document, they cannot vote until they are 15 years of age (2005 Petitioner, 1996 constitution), so the "Children" list was sorted into C1 and C2 individuals and the C1 members were counted with the A1 members as the group's total current membership.

For the purposes of this PF, only the A1 and C1 individuals were considered to be members of the SSA, because the A2 and C2 individuals had not satisfied the petitioner's required documentation for membership. The SSA stated in a letter received by OFA on August 23, 2005, that individuals listed in the M2's, 3's, and N's sections of the group's 2005a membership list are not considered members because their ancestry documentation is not complete. The petitioner also stated that the individuals listed in the O's section of the same membership list are affiliated with Odanak/St. Francis and thus are not fully members of the petitioner's group. Of course, the individuals listed in the Deceased section are no longer members, but having an updated listing of deceased members, provided with the 2005a membership list, was helpful for updating the group's genealogical database and comparing the current 2005b list of members with the 1995 membership list.

Although a detailed memberships application process was not defined in the petition, the group has revised its membership list occasionally since the first membership list was submitted in the early 1980's. (127.) The petitioner did submit sample application forms ("enfranchisement forms") and copies of 26 member files containing completed applications forms. However, the petitioner has not submitted any signed declarations of descent or affidavits of membership affiliation. The petitioner also submitted also [sic] six separate five-generation ancestor charts to show lines of descent from claimed ancestors (SSA 1982. 10.00 Charts 1, 2, 3, 4, 5-6, 7, 8). Most of these charts were only partially completed, lacking names, dates, and places of birth for each of the generations. In addition, the SSA presented charts for only 14 of the 20 ancestral families claimed by the petitioner. As shown in the tabulation above, the current 2005b membership submission contains many new names that are not entered in the 2005 FTMTM genealogical database or on ancestor or family charts. OFA researchers have been unsuccessful in connecting many of these new names to previously listed members.

Analysis - Membership

The present-day members of the SSA claim descent from 20 separate ancestors living at different times and at different places. The number of members listed has varied from 1,257 in 1996, to 1,361 in May 2005, to 1,171 in August 2005. The membership lists that were submitted are not certified, and do not include all members' dates of birth, maiden names, and complete residence addresses.

FOOTNOTES:

127. The OFA, formerly BAR, returned the original membership list at the request of the SSA in 1999, and it was not resubmitted by petitioner.

St. Francis/ Sokoki Band of Vermont Abenakis:

Proposed Finding - Summary Under the Criteria

Page 144

At OFA's request, the petitioner submitted copies of 26 selected membership files which OFA evaluated for membership procedures (St. Francis-Merrill to AS-IA 08.23.2005). All but one of these files, classified as AI (complete) by the petitioner, contained a signed enfranchisement) form, although some of the forms are different versions than the sample forms submitted with the membership files. They all contained a photocopy of the member's birth certificate, and some included photocopies of the member's marriage license and children's birth certificates. Some of the files included very limited ancestry information on the "enfranchisement" form. Only seven of the files contained documentation or information of generations ancestral to the member's parents. The petitioner will need to make available to OFA the complete membership files for all of its members, and evidence that its members have declared affirmatively that they are not enrolled in a federally recognized tribe and wish to be accepted for membership in the petitioner's group (25 CFR Part 83 Supplementary Information, 11, Tribal Roll: U.S. Federal Register 2/25/1994, Vol. 59/38, 9284). OFA has requested this from other petitioners in previous decisions.

There is a great deal of inconsistency between membership lists, particularly with regard to members' names, making it difficult for OFA researchers to track membership through time. Without birth dates on the 2005a membership list, it is difficult to identify different generations and persons with the same name or initials. Many members are listed under various names, sometimes by their full name, sometimes by a nickname, without clarification of the member's true identity. In other cases, , identical names are used for two different persons with no distinction between them, as when a male child is given the same name as his father and no designation such as "Jr." or "Sr." is entered. The maiden name or married name of many women members is not specified or has been confused with a previous married name or a step-parent's name. Occasionally non-Indian spouses appear to be included on the membership list and new members are added who bear names that do not link with any others on earlier membership lists. Thus, there is no information about the new members' claim of descent from the historical tribe.

Individuals have been added to the group's membership lists with no report of the application approvals to the SSA's governing body, although in contrast, several names appear in the minutes of the governing body as being presented for membership but their names are not found on any of the membership lists. Other individuals disappear from the group's membership list with no indication of whether they were deliberately excluded, accidentally omitted, or removed at death. Neither is any information provided concerning whether a member is temporarily suspended or permanently severed from membership. The SSA has provided a list of deceased members, which helped explain some discrepancies between the 1995, 2005a, and 2005b membership lists.

One particularly difficult problem with the membership involves non-kin members. No records have been submitted documenting any vote by the membership on any adopted member. Although the 1996 petition states that "[t]he Tribal Council may adopt into the band and nation any Indian or non-Indian they so choose" (SSA 1982. 10.00 Petition, 168), the current governing document makes no reference to non-Indian or adopted members. No notation is made on later membership lists to indicate whether previously adopted members were disenrolled or continue to be listed on the membership roll.

St. Francis/ Sokoki Band of Vermont Abenakis:

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No detailed procedures were given regarding the application forms, ancestry charts, decision-making process for approving applications, appeals process, or records maintenance. The first of the SSA's two principal descent requirements for membership as stated in the current governing document is very specific: "[d]ocmentation of direct descent from ail family listed on the 1765 James Robertson lease" (Petitioner 2005, Constitution). However, according to the SSA's governing document, barring the ability to prove descent from Robertson lease "family," members may be determined to be of Abenaki descent by the "Chief' and "Tribal Council," with optional advice from the "Board of Elders" (Petitioner 2005, Constitution). The regulations do not require that a group meet its own requirements, but only that its members descend from the historical tribe. The Department has determined that the 1765 Dames Robertson lease names individuals who are most likely Abenaki Indians living at Missiquoi at that time and, thus, is a document that could be used for tracing descent. However, claimed descent from a single historical individual or declaration of descent by a current leader or governing body does not provide adequate evidence of descent from the historical tribe as required by the regulations. The judgment of an "elder" should only augment, and should not be substituted for, actual documentation of descent. Based on the available evidence, in the record, none of the petitioner's members have documented descent from any person named on the 1765 James Robertson lease (128.) or from any individual identified as belonging to or descending from the historical Indian tribe.

The Department has repeatedly requested that the SSA submit previous membership lists, particularly those of 1975 and 1983, which are referenced in petition materials. However, in a letter dated Augusta 18, 2005, the petitioner specifically declined to submit these lists (St. Francis-Merrill to AS-IA 08.18.2005, 2). The regulations state

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 them preparation of former lists. (25 CFR 83.7(e)(2)) [Emphasis added.]

It is important for the petitioner to submit these previous lists in order for the Assistant Secretary to know the composition of the group through time and to evaluate the group's membership practices. Without these lists, the petitioner may not meet the acknowledgment requirements under this and other criteria. The petitioner is strongly urged to submit these previous membership lists for the final determination.

The SSA's August 18, 2005, letter also states that some members requested that their names not be included in the group's membership list and that the petitioner "assured those members that their names wouldn't be included in a list sent to the B.I.A." (St. Francis-Merrill to AS-IA 08.18.2005, 2). If the petitioner's current membership list does not contain the names of all of the group's members, the petitioner is strongly advised to submit a revised membership list including the missing names. The regulations state

FOOTNOTES:

128. The FTMTM databases submitted by the petitioner do not name descendants of any of the individuals named on the 1765 James Robertson lease.

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The 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 817(e)(2)) [Empphasis added.]

If the list submitted to the Assistant Secretary for consideration is not a complete list, then the complete compositions of the groups cannot be evaluated and the petitioner cannot meet the regulations under this and other criteria. The petitioner is strongly urged to submit the names of all members as well as all previous membership lists for the final determination.

Summary

Criterion 83.7(e)(2) is the foundation for defining the current membership and thus the community the petitioner claims exists. A complete and accurate list of the membership must be provided as part of the petition.

The petitioner has submitted three membership lists, but all are incomplete and are not separately certified by the governing body. The most recent membership list enumerates 1,171 members. However, the petitioner has not submitted evidence acceptable to the Secretary that the group's membership descends from a historical tribe or tribes which combined and functioned as a single autonomous political entity.

The membership list must have each member's complete birth name (first name, middle name, last name) (not nickname or initials unless the birth name actually contains initials), maiden name of married female members, complete residential address (not household affiliation or mailing address, e.g., a post office box number), and complete birth date (month, day, and year) as required by the regulations at 83.7(e) (2). Once the list is completed, it must be separately certified by the governing body before it is submitted in response to this PF.

The petitioner should submit any previous membership lists, including the 1982 list that was returned to the petitioner in 1989. These lists will help to define the community that may have continued to exist. In addition, the petitioner should submit a statement describing the circumstances surrounding the preparation of each membership list, as required under criterion 83.7(e).

Conclusion

The petitioner (SSA) has not demonstrated that its members descend from a historical tribe, or tribes that combined and functioned as a single autonomous political entity.

The membership lists submitted by the petitioner do not meet the requirements of the regulations.

Insofar as none of the petitioner's members have documented descent from the historical Western Abenaki Indian tribe, or any other historical tribal entity, and the petitioner has not submitted a complete, properly certified membership list or list preparation statement, the petitioner does not meet the requirements of criterion 83.7(e).

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The SSA claims that its members descend from "such historically documented family lines as: Cajials, Morice, Nepton, Obomsawin, Philippe, Portneuf, St. Francis, Toxus, and Wawanolett" (SSA 2000.00-00 cab). The surnames Cajials, Mortice, Philippe, St. Francis, and Toxus do not appear on any historical document in the current record identifying Abenakl or other Indian individuals associated with a historical Abenaki. Specifically, none of these five surnames appear on the mid-18th century register of Fort Saint-Frederic (Roy 1946, 268-312), on the 1765 Robertson Lease (Robertson 1765.05.28), or on the censuses or pay list for St. Francis (Odanak) Indians in Canada (Recensetnent du Villages 1873; Recensement du Villages 1875; Indian Distribution Pay List 1893.04.14), and there is no reference in the record of any female Abenakis marrying individuals with these surnames. An individual named Joseph Poorneuf is identified in 1751 as a St. Francis Indian on the register of Fort Saint-Frederic (Roy 1946, 303), but none of the petitioner's current members claim descent from this person. Individuals named Joseph Abomsawin [Obomsawin] and Marian Pooneuf [Portneuf] appear on the 1765 Robertson Lease, as names of the persons (presumed Abenakl Indians) leasing land to James Robertson at Missisquol, but there is no evidence in the current record showing that any of the petitioner's current members descend from these individuals. Numerous individuals, both male and female, with the surnames Abomsawin, Portneuf, and Wawanolett are found on the 1873 and 1875 censuses and the 1893 pay list for St. Francis (Odanak) Indians in Canada and 8 of the petitioner's current members claim descent from Simon Obomsawin (1850 Odanak, Quebec aft. 1930), who is likely the same person as "Simon Obomsawin fils" who is listed on these three documents, although the evidence to support this claimed descent is tenuous. This "Simon Obomsawin fils" may have had Portneuf and Wawanolett ancestors; however, none of the petitioners's current members document descent from Poorneuf or Wawanolett ancestors separately from the Obomsawln family line. Jean Charles Nepton (1831 Massachusetts-aft. 1877), claimed ancestor of 16 of the petitioner's current members, is recorded on a census (taken in about 1870) of Chicoutimi County, Quebec, Canada, as an Abenakl Indian from" Massachusetts, but there is no evidence in the current record indicating that this Nepton ancestors was either a Missisquoi Abenakl or a Western Abenakl or that lie ever resided in Vermont or in the area of Missisquoi.

The petitioner has not demonstrated descent from Abenakis named at Fort Saint-Frederic or in the 1765 Robertson lease and, thus, has not demonstrated descent from the historical tribe, assuming the persons named on these lists were part of a historical Western Abenaki tribe residing at Missisquoi in the mid-18th century. At this time, with the exceptions noted above, the petitioner has not shown descent from any documented Abenakl individuals.

The petitioner names 20 individuals as "primary" ancestors (112.) from whom it claims all members descend, and who it claims are descendants of the historical Missisquol Abenakl tribe. Although these are the only ancestors named by the SSA in its petition documents, some members listed on its current (2005b) membership list are not linked to these ancestors in the group's 2005 genealogical database. (113.) These 20 ancestors include the following: 114
FOOTNOTES:
112. As stated earlier, when referring to any of the 20 ancestors claimed by the petitioner to be original "Missisquoi Abenakl" progenitors, the designation "primary" ancestors or "primary" ancestral lines will be used.

113. That is, they were either not entered in the 2005 FTMTM database or were in the 2005 FTMTM database but were not connected to any of the ancestral

families lines. 

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Sarah (Morits) Barrett/Barratt (1806 Vermont-aft. 1856) -- married abt. 1827 to Samuel Barratt ( 1800 England-aft. 1856); 10 children all born in Vermont between 1827 and 1856' petitions documents indicate the first presence in Vermont for this family is 1806 individuals birth of Sarah (Morits) Barrett, the "primary" ancestor (see Appendix A); 71 individuals on the group's current 2005b membership list claim descent from this ancestor;

George W. Melrose ( 1872 Swanton, Vermont-1931 Vermont) - - married 1889 (in Swanton, Vermont) to Mary Jane Campbell (1872-1897); 4 children all born in Vermont between 1889 and 1897; petition documents indicate the first presence in Vermont for this family is 1872 birth of George W. Belrose, the "primary" ancestor (SSA 2005, FTM) (see Appendix A); 19 individuals on the group's current 2005b membership list claim descent front ancestor;

Margaret (Gibeau) Cheney (1906 Lacolle, Quebec-1927 Swanton, Vermont) – married 1924 (in Swanton, Vermont) to Giles Gilbert Cheney (1895 Dickenson Center, New York-1945 Swanton, Vermont); 2 children, one born in 1926 in Swanton; petition documents indicate the first presence in Vermont for this family is marriage of Margaret Gibeau and Giles Gilbert Cheney in 1924 in Swanton (SSA 2005, FTM) (see Appendix A); 5 individuals on the group's current 2005b membership list claim descent from this ancestor;

Jos. [Joseph] Colomb (abt. 1775 Quebec-aft. 1822) – spouse unknown; 3 children all born in Quebec (116.) between 1802 and 1822 (two sons buried in St. Mary's Catholic cemetery in Swanton, Vermont); petitioner claims first presence in Vermont for this family is the birth of the eldest son in 1802 (SSA 2005, FTM) (see Appendix A); 215 individuals on the group's current 2005b membership list claim descent from this ancestor;

Louis Desmarais/Demar (I 830 Quebec- -aft. 1857) – married abt.1857 to Marie Belisle (abt.1843 Quebec-aft. 1857); one child born in 1857 in Vermont; petition documents indicate the first presence in Vermont for this family is birth of child in 1857 (SSA 2005, FTM) (see Appendix A); 94 individuals on the group's current 2005b membership list claim descent from this ancestor;

Louis Gardner (18 1 0-aft. 1835) – married abt.1835 to Mary Spabin (I 815-aft. 1835); one child, born about 1835, birthplace unknown, petitioner claims first presence in Vermont for this family is in 1830s (SSA 2005, FTM) (see Appendix A); 90 individuals on the group's current 2005b membership list claim descent from this ancestor;

Eli Adelard Hakey/Ethier (1868 Spencer, Massachusetts-1952 Swanton,Vermont) –married 1891 to Delia Martell (1875 Swanton, Vermont-1962 Swanton, Vermont); 10 children born between 1893 and 1914, all probably born in Swanton, Vermont; petition
FOOTNOTES:
114. Very little of the genealogical information about these individuals and their descendants provided by the petitioner in the SSA 2005 FTMTM genealogical database is supported by documentation submitted by the petitioner or the State.

115. The number of descendants (current members) given for all "primary" ancestors will be more than the total number of current members because numerous members claim descent from more than one "primary" ancestor.

116. The two eldest sons, Lewis S. Colombo (betw. 1802 and 1808-1887) and Regis Richard Colomb (1808-1866), may have been born in Vermont.

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documents indicate the first presence in Vermont for tills family is marriage of Eli Adelard Hakey and Della Martell in 1891 (SSA 2005, FTM) (see Appendix A); 207 individuals oil the group's currant 20051) membership list claim descent from this ancestor;

Antoine Edward Hance/Hains (1816 St. Mathias, Quebec-1911 St. Albans, Vermont) to Caesarie Sarah Calcagno (1813-1899 Swanton, Vermont); (117.) 9 children born between 1843 and 1868, the first 4 and the 8th born in Quebec (St. Jean and St. Gregoire), the 5th through the 7th and the last born in Vermont (Swanton?); petition documents indicate the first presence in Vermont for this family is birth of 5th child in Swanton in 1854 (SSA 2005, FTC) (see Appendix A); 23 individuals on the group's current 2005b membership list claim descent from this ancestor;

Flavien Fabian Napoleon Hoague (1830 Quebec-aft. 1883) – married 1855 (in St. Rosalie, Quebec) to Adelle May Billings Belair/Bellaire (1831 Quebec-aft. 1878); 12 children born between 1856 and 1878, 5 of first 7 born in Quebec (St. Dominique and St. Hyacinthe), last 5 born in Vermont (one in Swanton); petition documents indicate the first presence in Vermont for this family is birth of 8th child in 1870 (SSA 2005, FTM) (see Appendix A); 218 individuals on the group's current 2005b membership list claim descent from ancestor;

Charles Lafrance (1838 Canada-1882 Vermont) – married abt. 1855 to Mary Berard/Barnes (1835 Phillipsburg, Quebec-191 1 Highgate, Vermont); 12 children born between abt. 1855 and 1873, first 5 and 9th children born in Quebec (Henryville and Bedford), 6th through 8th and last 3 children born in Vermont (Highgate); petition documents indicate the first presence in Vermont for this family is birth of 6th child in Highgate in about 1867-68 (SSA 2005, FTM) (see Appendix A); 49 individuals on the group's current 2005b membership list claim descent from this ancestor;

Peter Cayie Medor (1814 St. Regis, Quebec-1890 Swanton, Vermont) – married 1833 (in St. Regis, Quebec) to Marguerite Julia St. Pitied (1814 St. Regis, Quebec-1883 Swanton, Vermont); 6 children born between 1832 and 1853, 4 of first 5 born in Vermont (Swanton), last child born in New York; petition documents indicate the first presence in Vermont for this family is birth of first child in Swanton' 19 in 1832 (SSA 2005, FTM) (see Appendix A); 49 individuals on the group's current 2005b membership list claim descent from this ancestor;

John F. Morits (I 790-aft. 1827) – married abt. 1815 to Elizabeth Salisbury (bef. 1803- aft. 1827); 3 children born between 1816 and 1827, the first born in Quebec, the last 2 born in Vermont (Highgate); petition documents indicate the first presence in Vermont for this family is birth of 2nd child in abt. 1830 (see Appendix A); 60 individuals on the group's current 2005b membership list claim descent from this ancestor;

Jean Charles Nepton (1831 Massachusetts-aft. 1877) – married 1851 (in St. Urbane, Quebec) to Josephine Girard (1835 Quebec-aft.1877); 10 children born in Quebec
FOOTNOTES:
117. This individual was buried in St. Mary's Catholic cemetery in Swanton, Vermont (Ledoux 1993.08.00).

118. Third child may have been born in St. Regis, Quebec, in 1834.

119. First documentation of Vermont residence on U. S. census is birth year of

son in 1845 (1870 census).

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between 1853 and 1877 (Lac St. Jean); no documented presence in Vermont, only in Massachusetts and Canada (see Appendix A); 16 Individuals on the group's current 2005b membership list claim descent from this ancestor; (120.)

Simon Obomsawin/Obumsawin ( 1850 Odanak, Quebec-aft. 1930) married 1878 (111 Odanak, Canada) to Celine (maiden name Unknown) (bet'. 1807 Odanak, Quebec bef. 1910), 7(?) children borne between 1879 and 1886 all born in Quebec; petition documents indicate the first presence in Vermont for this family is 1907, attested to by a daughter of Simeon & Celine (Day 1948.07.00-1962.11.1, 3, 4), but the first documentation of residence is Simon Obonisawin's enumeration on the 1910 U. S. census in Charlotte, Vermont (U. S. Census, 1910) (see Appendix A); 8 individuals on the group's current 2005b membership list claim descent from this ancestor;

Theodore Amable [C.?] Ouimette (1799 St. Armand, Quebec aft. 1872) – married 1845 (in St. Georges, Quebec) to Louisa Sweeney (1822 Quebec-aft. 1872); 5 children all born in Quebec (St. Armand) between 1849 and 1872; petition documents indicate the first presence in Vermont for this family is marriage of second child in Swanton, Vermont, in 1878 (SSA 2005, FTM), (see Appendix A); 27 individuals on the group's current 2005b membership list claim descent from this ancestor;

Charles Henry Partlow (1839 Alburg, Vermont-1913 Highgate, Vermont) – married 1864 (in Rouses Point, Clinton, New York) to Sophie Blair/Blain (1847-aft. 1885); 9 children born between 1869 and 1885, 3rd and 5th children born in NY, 7th child born in Quebec; petition documents indicate the first presence in Vermont for this family is birth of Charles Henry Partlow, the "primary" ancestor, in 1839 in Alburg, Grand Isle, Vermont (SSA 2005, FTM) (see Appendix A); (121.) 84 individuals on the group's current 2005b membership list claim descent from this ancestor;

Antoine Bellipe Phillips (abt. 1787 Quebec-1885 South Burlington, Vermont) – married abt. 1834 to Catherine Cadalre (1820 Quebec-aft. 1848) 6 children born between 1834 and 1848, first 2, 4th and 6th children born in Quebec, 5th child born in Highgate, Vermont; petition documents indicate the first presence in Vermont for this family is birth of 5th child in 1846 in Highgate (SSA 2005, FTM) (see Appendix A); 166 individuals on the group's current 2005b membership list claim descent from this ancestor;

Peter Richard/Richards (1814 St. Albans Bay, Vermont-1880) – married abt. 1855 to Genifer Laporte (?-?) 3 children born between 1855 and 1868, birthplaces unknown, petition documents indicate the first presence in Vermont for this family is birth of Peter Richards, the "primary" ancestor, in 1814 in St. Albans Bay (SSA 2005, FTM) (see
FOOTNOTES:
120. Transcriptions of Canadian documents submitted by the petitioner in a member file indicate that Jean Charles Nepton was Abenaki. However, until copies of the original records are provided by the petitioner, his Indian ancestry cannot be confirmed. Also, although the transcriptions indicate he was Abenaki, they do not specify whether he was Western Abenaki or Eastern Abenaki and they to not indicate that he was a member or descendant of any Abenaki group from Missisquoi. The petitioner is encouraged to submit further information in the form of original documents to clarify Nepton's ancestry.

121. A Civil War pension record for Charles H. Partlow of Alburgh, Vermont, married to Sophia Partlow, was located by OFA. It does not identify Charles Partlow as an Indian.

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Appendix A); 38 individuals on the group's current 2005b membership from this list claim descent from this ancestor;

Michel St. Francis/Francois (bef. 1811 Canada-1863 Swanton, Vermont) --spouse unknown, 1 child, birth date and birthplaces unknown, petition documents indicate the first presence in Vermont for this family is birth of grandson in 1841 in Vermont (see Appendix A); 138 individuals on the group's current 2005b memberships list claim descent from this ancestor;

Hippolyte D. St. Laurent ( 1780 Quebec-1860 Swanton, Vermont) – married abt. 1808 to Elizabeth Lafrance (1788 Quebec-1860 Swanton, Vermont); 3 children born between 1808 and abt. 1830, 2nd child born in Quebec, 1st child born in Swanton, Vermont; petition documents indicate the first presence in Vermont for this family is birth of first child in 1808 (SSA 2005, FTM) (see Appendix A); 297 individuals on the group's current 2005b membership list claim descent from this ancestor;

The SSA has consistently claimed descent from the Missisquoi Abenaki or Western Abenaki Indians. The only documents in the record that name members of the Missisquoi Abenaki Indian are the Fort Saint-Frederic register covering the 1733 to 1756 period (Roy 1946, 268312) and probably the 1765 Robertson lease (Robertson 1765.05.28, see Appendix B). However, the Fort Saint-Frederic register listed most of those individuals who were identified as Indian only by their given names, 122 did not indicate where the individuals were living at the time, and did not provide information on genealogy or family relationships beyond the parent-child relationship. In addition, none of the 20 "primary" ancestors claimed by the petitioner are known to have been born before 1775, and the petitioner did not submit information on their parents or earlier ancestors. Therefore, it is not possible to connect the petitioner's claimed ancestors to the individuals listed on the Fort Saint-Frederic register or the Robertson's lease, and the petitioner does not document such ancestry in its FTM register database. Names of individuals listed on the Fort Saint-Frederic register were compared with later censuses at St. Francis (Odanak) and other available documents and could not be reliably linked to individuals named in those other documents or to known or claimed ancestors of the petitioner. As yet, none of the petitioner's 20 "primary" ancestors are listed on any document as being a member or descendant of the Missisquoi Abenakl or the Western Abenaki tribe as it may have existed in the 1700's.

The evidence for using "Abenaki" family names to demonstrate descent from the historical tribe as presented by the petitioner is unreliable. The available evidence does not demonstrate the petitioner's ancestors trace to a Western Abenaki or any other Indian tribe. The petitioner acknowledged this scarcity of evidence in its 1986 petition:

Identification of Abenaki individuals or groups as Indian has been quite low in all sources after 1800 except for the general accounts of "St. Francis Indians" down to 1860, some isolated citations of individual families from Odanak and Vermont in the census and town records as well as some local Indian and non-Indian oral traditions. Generally, the best accounts of the "St. Francis Indians," from the early 19th century and the Indian "swamp" or "marsh people" from the late 19th
FOOTNOTES:
122. Out of approximately 200 Abenaki individuals identified in this register, the surnames of only 17 individuals were recorded.

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and early 20th century were not specific to the contemporary Abenaki community. The twenty or so baptisms from 1903 to 1922 which showed "Indian" origin were the only clear connections of the present immunity to recorded Indian ancestry before the first tribal roll (1976) and 1980 census shoed several hundred Indians living in Swanton, Highgate, St. Albans and the immediate area. (SSA 1986.05.23 [Addendum B], 304) (123.)

As best as can be determined, it appears the SSA's researcher, John Moody, developed the connection between names of the claimed ancestral family lines and the Indians at St. Francis based largely on "variations" of names found on 19th century lists of Indians at St. Francis in Quebec. Moody described this process in his 1979 unpublished manuscript, which formed the foundation of the group's arguments in the 1982 and 1986 submissions. He stated as follows:

The majority of the families discovered so far lived on Missisquoi Bay and Lake Champlain with the other areas being maintained by individual families at different periods from 1820 to 1850. Not one of the families is cited as being "Indian," "Abenakis," or anything of the kind. The names are variants of those familiar at Odanak like Panadis (Benedict), Lazare, Gonzague, Benoit, Laurent, Denis, Saint Denis, Marie and Maurice in various combinations with names developed d exclusively at Missisquoi like Campbell, Peter, Coulomb-Cadoret, and Francis. French names later found as Abenaki names at Missisquoi and Saint Albans Bay included Guyette, Deno, Boucher, Tiriac, Gauthier, and others. (Moody 1979, 49)

The researcher apparently took the family names of SSA members and searched for them on lists of the Saint Francis Indians at Odanak in the late 18th and 19th centuries. When he did not find the exact name, he then searched for "variations" of those names at St. Francis (Odanak), in local church, land, school, and census records from the 19th century in northwestern Vermont, or which came from the "oral traditions" of current members. Once Moody found presumed similarities between the name of a SSA family line and names on the other records, he designated these family lines "Abenakl." Moody incorporated this research into the group's 1982 petition and further expanded it in the 1986 submission. Such a process is not based on sound genealogical, anthropological, or historical methodology. As a result, the petitioner has identified families as Western Abenaki mainly on speculation, not because the record demonstrate they were identified as Indian or as part of an Indian community. The petitioner has not provided evidence to show that the family lines from the 19th century listed as St. Francis Abenaki have descendants or any social or historical connection to the current members of the group.

Another difficulty in the use of family names is that the SSA provided almost no documentation to trace the evolution of how and when the claimed family name changes may have occurred, or how they might connect genealogically to actual family names on specific lists of Odanak Indians. While the petitioner described the content of various land, church, school, and census

123. The "twenty or so baptisms from 1903 to 1922" are discussed in criterion 83,7(a), (b), and later in this criterion.

They are actually birth records and do not clearly identify Indian ancestry.

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records, and abstracted lists of names of claimed ancestors from them, it did not submit copies of them. Nor did it provide most of the referenced interviews or genealogical materials. The petitioner is encouraged to submit copies of these documents.

While 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, Barnaby, Benway, Pandike, Prado, and Paradee. The Glode family of the same area had the possible variations of Latto, Ladue, Glodue, Ladura, Latuse, and Ladeau. In the case of the Hanks family of St. Albans, the claimed versions were Hinis, Hennisse, Hanass, St. Anus, Hance, Hanes, Hances, Arsinau, Hence, Henry, Hendrix, Hendrin, Henren, Henris, and Hendrick. Yet, the Hanks family of nearby Swanton had the unexplained name alternatives of Hance, Anus, Amis, Ascino, and Arseno. The Mortis family of St. Albans included the name shifts of Moritt, Murray, Merrick, Morice, Morriseau, Moricette, Morquis, and Marais. The Morits family of Swanton was attributed with the undocumented name variations of Morat, Maray, Morin, Morreson, Mercik, Merreik, and Morris. Numerous other examples of multiple name variations could be described (SSA 1196.01.17, Appendix IA, 1-24). Without proper genealogical evidence, such as birth, baptismal, marriage, and death records or deeds, probate records, or church records that identify the petitioner's ancestors by whatever variant spelling of their names there may be, the SSA's assertions concerning these widely diverse names are without support. Name changes are accepted if it is clear from a large variety of records that over time a family's name has actually altered. At present the petitioner has not demonstrated that these different surnames actually apply to their ancestors.

It should be pointed out that the surnames contained in documents listing individuals at St. Francis (Odanak), vary only slightly over approximately 60 years, from the 1832 St. Francis return (Nominal Return of the Abenaquois Indians 1832) to the 1893 St. Francis pay list (Indian Distribution Pay List 1893.04.14). Examination of the available rolls of the St. Francis Abenaki at Odanak taken during a period of 60 years (Nominal Return of the Abenaquois Indians 1832; Recensement du Villages 1873, 1875; Indian Distribution Pay List 1893.04.14), and Day's examination of leading St. Francis family names (Day 1981, Table 2), indicates very little variation in surnames save phonetic spelling variations which do not significantly change the pronunciation of the surname, for example, Capino for Capineau, Camp for Kemp, Msadaquis or Msadoques for Mesatoncous, and Nagazoa or Nigajoie for Nigajowa or Negajoua. A comprehensive examination of the origin and evolution of leading St. Francis family names compiled by Gordon Day in 1981 from various 19th century censuses and lists at Odanak shows relatively few name variations during a time when the petitioner claimed its ancestral family names were undergoing frequent, major alterations (Day 1981, Table 2; also 73-107). With so little variation of known Indian surnames in official documents over such an extended period of the 19th century, the SSA's claim that its ancestors' surnames changed into so many variations, with grossly differing spellings and pronunciations, is unconvincing.

Another complication in the use of family name variations culled from historical lists of St. Francis Indians of Quebec is that only 8 current members of the petitioner (out of 1,171

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members) claim descent from that Indian group. In the case of 14 additional claimed descendants, it is unclear whether they are actually current members of the group. The available evidence does not demonstrate that the remainders of the petitioner's claimed ancestors descend from the St. Francis Indians of Odanak or an Indian entity in Vermont which evolved from them. Day's exhaustive research led to the conclusions that by 1800 "practically all of the Indians originally living in Vermont, New Hampshire, western Maine and the Connecticut Valley in Massachusetts, excepting the Pigwackets, had moved to Odanak" (Day 1981, 117).

These problems with its researchers' use of family name variations were not unknown to the petitioner. In April 1979, Gordon Day wrote the petitioner's researcher, John Moody, and advised him to be cautious when dealing with Western Abenaki family names. First, he urged caution in using church registries because it was "uncertain" if the people listed in them were "residents in the vicinity or transients." Next, he advised Moody on the difficulty of dealing "subjectively with the degree of `Indians' of persons with French or English family names." Finally, he counseled interpreting "family names as disfigured Indian names" involved "a high degree of subjectivity" (Day 1979.04.27).

Moody himself describe some of the dangers in relying on family names in his 1979 unpublished study. Regarding the Morins or Maurice family names, he stated they "illustrate[d] the difficulty in accurate tracing of the family names at this time. Aside from the frequent absence of surnames in the Abenaki women, the Maurice name has at least five [sic] major variations including Moricette, Morisseau, Molisse, Morrisey, Morris, and Morits" (Moody 1979, 43, n. 22).

Gordon Day reiterated his concerns about the use of family names to show Western Abenaki ancestry in his 1981 Identity of the Saint Francis Indians, a work focusing on the pre-1850 period. He warned the "student who would identify Indians and trace families in the records" was "faced with two sets of formidable problems, one set arising from Indian naming practices and the other arising from the nature of the records" (Day 1981, 73). Regarding the first set of problems, an Abenaki child could have several first names, including a childhood name, a teenage name, a nickname, and a baptismal or official name which had French, English, and Indian equivalents (Day 1981, 73). The original Abenaki family name was generally replaced by an official French surname, which was normally used when dealing with whites or officials, while the Indian name remained known as the ancestral family name. Sometimes the given name of a father also became the family name of the child (Day 1981, 73-74).

Official recorders also compounded the confusion. Day explained:

The early church records often contain only the French baptismal names, because the recorder was either unaware of or indifferent to the correct Abenaki name. Given names and family names derived from given names are often reversed, presumably because the recorder did not know which was the family name...European and Americanized names may exist side by side for the same person, such as Benedict and Panadis. One problem is pervasive—the common inability of the recorders who wrote the censuses and other documents to understand and write Abenaki names in any suitable orthography. The sole [sic] exception to this

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in the materials used in this study are the two documents prepared in the 1840's by or under the direction of educated members of the band. (Day 1981, 74)

The SSA echoed and even cited most of Day's concerns regarding "the problem of Abenaki names" in its case as part of a five-page discussion of the issue located in Appendix D of its 1982 submission. It stated as follows:

Genealogical research on Abenaki families in northwestern Vermont has been complicated by the changes in Abenaki names, especially in the period following the American Revolution and the first few decades of the nineteenth century. There are two aspects of the problem. The first is simply the lack of any comprehensive records for the group as a whole. The other is the variation in names that occurred as a result of cultural interaction and intermarriage with French, Dutch and English settlers. (SSA 1982. 10.00 Petition, Appendix D, 206)

It added,

Were it only these problems of the records, the research on Abenaki families in northwestern Vermont would be difficult enough. But Abenaki naming practices in the context of French and English record-keeping make the tracking of names unusually complicated. Not only are the records sparse, but names change radically and unpredictably as they enter the record books of Europeans. (SSA 1982.10.00 Petition, Appendix D, 206)

Without copies of primary records, and the appropriate analysis of them by the petitioner, to trace the group's claimed ancestors and the evolution of their family names to copies of rolls or other documents created when those ancestors call be identified clearly as affiliated with a historical tribe, the available evidence does not demonstrate that the family name variants presented by the SSA are accurate or that they demonstrate descent from a historical tribe.

Documents in the record which name the claimed ancestors of the SSA's members consist primarily of abstracts of U.S. Federal censuses for 1800-1860 and 1900-1910. U.S. censuses generally provide only limited evidence for tracing descent from persons living between approximately 1790 and 1840 because only the heads of households are named and records generally do not identify individuals as being members of an Indian community. These documents provide information on head of household, age, place of birth and, beginning in 1850, names, ages, and birthplaces of family members. Later censuses included, for example, information such as parents' origins, kinship relations, household head, occupation, wealth, education, and number of children born to a mother and number of those children then surviving. Therefore, these 1800-1860 and 1900-1910 censuses do not provide evidence of Indian or Missisquol Abenaki ancestry for any of the petitioner's members or ancestors of the petitioner's members except perhaps for those 8 current members who descend from Simon Obomsawins (1850 Odanak-aft.1910). It is uncertain, but likely, that this Simon Obomsawin is the same individual named as "Simon Obumsawin fils" on the 1873 and 1875 St. Francis (Odanak) Abenaki censuses. Day interviewed the Obomsawins frequently about Abenakis language and the

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Obomsawin themselves identified specific people living on the reservation as their relatives; Day also spoke to people living on the St. Francis reservation who remembered Elvine (Obomsawin) Royce (Day 1948.07.00-1962.11.13, 1-2, 4, 14, 19). If Day's identification of the family as St. Francis Abenaki is correct, then the descendants of Mrs. Royce would also be St. Francis Abenaki. (124.) Although the tribal entity from which the Obomsawins claim descent is not designated on the Canadian reservation census, the reliability of Day's ethnographic research strongly suggests that the Obomsawins and Royce descendants are indeed descended from a member or members of the Canadian St. Francis Abenaki, although there is no documentation to support the petitioner's claim that they are Missisquoi Abenaki descendants. However, the Obomsawins left the Canadian tribe (Elvine Obomsawin Royce told Day in August 1956 that she left St. Francis in 1907 and had not returned since (Day 1948.07.00-1962.11.13, 4)), and there is no evidence in the record that the Royce descendants have continued to interact with the St. Francis Abenakis on a regular basis.

There is currently no documentation in the record to substantiate any genealogical connection between named Missisquol Abenaki or Western Abenaki individuals from the 18th and early 19th centuries and persons claimed by the petitioner as Western Abenakl Indian ancestors. The petitioner relies primarily on census information documenting Canadian birth for 12 of these ancestors but Canadian birth alone is insufficient to demonstrate the connection to the known Abenaki at Odanak/ St. Francis in Canada.

The SSA claimed that all persons listed on the petitioner's 1995 membership list descended from one of the 20 named ancestors. However, the primary genealogical documentation (such as birth records, baptismal certificates, marriage licenses, military documents, or death records) submitted for members named on the group's 1995 membership list did not verify the ancestry of the individuals listed. Sources for the data cited in the family history files and oral histories, including Abenaki and non-Indian "oral tradition" and other material, were supposedly included as part of Addendum C, which the petitioner never submitted (SSA 1996.01.17, Appendix 2, 99; Salerno 2001.10.23). OFA researchers were unable to document the asserted genealogical descent for the individuals named on the petitioner's current 2005b membership submission.

As far as can be determined, the SSA does not assert Missisquol Abenaki or Western Abenaki descent through any ancestors other than the 20 "primary" ancestors named in the petition. (125.) Further, the 20 "primary" ancestors claimed by the petitioner did not live contemporaneously or in geographic proximity to one another. The petitioner furnished no evidence generated in the lifetimes of these 20 "primary" ancestors identifying them by tribal affiliation or even as Indian, except for Simon Obomsawins and Jean Charles Nepton. Thus, the 20 "primary" ancestors appear to be simply the earliest known individuals from whom current members do descend, rather than members of a historical tribe from which current members must descend. If the petitioner wishes to pursue Federal acknowledgment, it must provide evidence acceptable to the Secretary of descent from the historical tribe.
FOOTNOTE:
124. Elvine (Obomsawin) Royce has 8 descendants listed on the petitioner's 2005b membership list.

125. A total of 3 members on the 2005b membership list appear in the petitioner's FTMTM database as descendants of "Chief Louis Annance" (1794-1875), alleged to have been Chief of the St. Francis Indians at some point.