A Bit More Historical [Hysterical?] Documentation's and Questions? Abenaki Nation/Vermont Articles of Association - Howard F. Knight Jr., Elwin "Joe" Merle Pero, Wayne Hoague, Richard Phillips, and Rudolph Kent Ouimette, ETC:

I do NOT conclude that either Luke Andrew Willard nor his "Alliance" buddy Roger "Longtoe" Anthony Sheehan are "Chiefs" of ANY legitimate "Abenaki" Tribal Entity whatsoever. I will now proceed to EXPLAIN WHY I conclude this, based on the documentation in my possession. Let's do an evaluation of the HISTORICAL RECORDS, shall we?
First, take a review of the "Articles of Association" of the "Abenaki Nation of Vermont" of about January of 1977 (or 1979) .... begin to DO THE MATH ... connect the names, dates, and documentation! Watch as I SHOW and PROVIDE the Paper Trail from Homer Walter St. Francis Sr. through various names, who created various "Inc. Organizations" all the way up to wherein Luke Andrew Willard (with the late Nancy Lee Cote-Rolls) created the "Nulhegan-Coosuk" "Abenaki" "Tribe" in August of 2004.

Resolution #1:

Whereas, the Abenaki Self Help Association is a Federally funded Indian Service Center and
Whereas, article 1, Section 2a of the by-laws of ASHA states that "ASHAI services shall be available to all Indian people located within the ASHAI Service area"; and
Whereas, Indian Bands are autonomous and sovereign entities within the Indian nations, and
Whereas, Indian Bands have not declared to the Government or any agency thereof the right to determin their membership, and
Whereas, many Indian people, and particularly many members of the first reconstituted Abenaki Tribal Council who were recognized by the State of Vermont are deprived of membership and services by the Abenaki Self Help Association, Inc., and
Whereas, paid employees of the ASHAI were observed throughout the last most recent election using paid time and ASHAI facilities for electioneering to promote the [?] of St. Francis/Sokoki Band members for board seats, thus slanting the election in favor of one Band, and
Whereas, The Abenaki Self Help Association, Inc., has been constantly the subject of nepotism and self serving interests since its inception, and
Whereas, The Missisquoi Band, The Green Mountain Band, and the Eastern Woodlands Band Chiefs and Councils have no input into the program development or policy decisions of the ASHAI, now
Therefore be it resolved:
1. That the Abenaki Nation/Vermont formally withdraws it's support for the policies of ASHAI.
2. That the Abenaki Nation/Vermont formerly withdraws it's support for all the programs of the ASHAI.
3. That the Abenaki Nation/Vermont resolves to compete with the ASHAI for program and services administration for Indian people in Vermont.

4. That all Federal, State, and private sources of funds for ASHAI should be so notified.

Introduced by:

Chief Wayne J. Hoague

Green Mountain Band of the Abenaki Nation

Vermont Life August 1994

Wayne Hoague of Swanton, a former chief. "Everybody told us we didn't exist," he says, "But we are here." He hunts deer during Vermont's fall bow season.

Resolution #2

HUNTING AND FISHING AND LAND USE

Whereas, since the beginning, Indian people have lived in harmony and balance with their environment, and
Whereas, for the past two centuries, Indian people have been driven from their hunting and fishing and agricultural homeland by the encroachment of European settlements, and
Whereas, these Indian people and their descendants have migrated back to their traditional settlements, and reformed their Tribal Councils, and
Whereas, The Abenaki people have never sold their lands or bargained them away by treaty or other indenture with the States of New York, New Hampshire, or Vermont or the Federal government, and
Whereas, there have been repeated demands for the return of these aboriginal lands by the Abenaki people over the past two centuries, and
Whereas, Indian people hold the land in sacred reverence and the wildlife thereon as gifts from their Creator upon which they have traditionally subsisted, and
Whereas for thousands of years, our ancestors have freely roamed over these lands and hunted, fished, and cultivated and harvested herbs, now
Therefore Be It Resolved:
1. That the Abenaki Nation/Ver,pmt advocates the issuance of free hunting and fishing rights for Abenaki People.
2. That the Abenaki Nation/Vermont advocates the continued use by the Abenaki people of all lands shared by is with or taken from us by white settlers, for hunting, fishing, and gathering of herbs.
3. That the Abenaki Nation/Vermont opposes the licensing or taxing of Abenaki people for any uses of our sacred land or the gifts from our creators which were provided for our use.

4. That the Abenaki Nation/Vermont supports the free use of all watercourses for travel, hunting, fishing, and other traditional uses.

Submitted by:
Chief Arthur W. Seymour
Missisquoi Band of the Abenaki Nation

Resolution #3

RECOGNITION

Whereas, Aboriginals on this continent called Turtle Island recognized the Europeans who landed on our shores, and

Whereas, our people have become educated to the ways of colonialism and understand the process of genocide which is one of its manifestations, and

Whereas, Indian Tribal governments have been dealt with as sovereign entities throughout history, and

Whereas, the Abenaki people in Vermont were studied as individuals and in community in 1976 and were recognized by Governor Thomas P. Salmon by Executive Order as Aboriginals of this territory, and

Whereas, the governing body of the Abenaki people, as a result of this proclamation, was with as such by the Chief Executive Officer of the State of Vermont, and granted appointive powers to the Governor's Commission on Indian Affairs, and

Whereas, the Federal government has dealt with the Abenaki Nation as a Nation of Indian people,

Now Therefore Be It Resolved:

1. That the Abenaki Nation/Vermont recognizes its member bands as organized bands of Indian people, and

2. That the Abenaki Nation/Vermont advocates the formal process of recognition by the Federal government for its member bands,

3. That the Abenaki Nation/Vermont advocates the formal process of recognition by the State of Vermont for its member bands.

Submitted by:

Chief Richard "Blackhorse" W. Phillips

Eastern Woodlands Band of the Abenaki Nation.

Identification Card

Abenaki Nation/Vermont

Name: Chief RICHARD PHILLIPS

Address: P.O. Box Highgate Springs

State: VERMONT

Date of Birth: 4/4/37

[Actually Richard Wilfred Phillips was born on April 04, 1937 in Fort Edward, Washington County, New York state, to Louis Nolan Phillips and Catherine Sarah (nee: Weeks) Phillips]

EASTERN WOODLANDS #

(PISOWAKAMIGW WOBANAKIAK)

BLACKHORSE

LINK: http://reinventedvermontabenaki.blogspot.com/2010/01/kdakinna-pobatamwogan-medicine.html Regarding the Kdakinna Pobatamwogan Medicine Society Inc. - Articles of Association :

LINK: http://reinventedvermontabenaki.blogspot.com/2010/02/eastern-woodlands-band-of-abenaki.html Regarding the Eastern Woodlands Band of the Abenaki Nation Inc. ~and~ Abenaki Nation of Vermont Inc.

ARTICLES OF ASSOCIATION

OF THE

ABENAKI NATION/VERMONT

WE, the undersigned, do hereby volutarily associate ourselves together as a non-profit Indian Inter-Tribal Assocation under the provisions of Title 11, Chapter 19, of the Vermont Statutes Annotated, as amended, and have hereby adopted the following articles of association, viz:

ARTICLE I - NAME

The name of this incorporated Indian Inter-Tribal Association shall be ABENAKI NATION/VERMONT.

ARTICLE II - DURATION

This incorporated Indian Inter-Tribal Association shall have perpetual duration and perpetual succession in it's corporate name.

ARTICLE III - PURPOSES

The purposes for which this Indian Indian Inter-Tribal Association is formed is not for profit, but to provide for the amalgamation of the various Indian Inter-Tribal Associations of Abenaki people in Vermont;

And to expand opportunities for people of Abenaki Indian descent, living in Vermont and elsewhere, to form social and cultural associations with other people of Abenaki Indian descent;

And to work for the elimination of prejudice, discrimination and racial and ethnic tension involving persons of Abenaki Indian descent;

And to improve the economic, educational, and social conditions of Abenaki people and their descendants living in Vermont and elsewhere;

And to advocate for the recognition of the Abenaki people and the return of their aboriginal lands;

And to assist the member Bands in the identification of Abenaki people and their descendants;

And to do any any [sic] and all lawful activities which may be necessary, useful, or desirable for the furtherance, accomplishment, fostering, or attainment of the foregoing purposes, either directly or indirectly, and either alone or in conjunction or cooperation with others, whether such others be persons or organizations of any kind or nature, such as Indian Tribes or organizations, corporations, firms, associations, Trusts, institutions, or foundations, governmental bureaus, or agencies.

ABENAKI NATION/VERMONT - 2
ARTICLE IV - POWERS AND LIMITATIONS
This Indian Inter-Tribal Association is empowered to engage in all activities allowable under the provisions of Title 11, Chapter 19 of the Vermont Statutes Annotated, as amended, or any future Non-Profit Corporation Act, which serve to futher the purposes set forth in Article III above.
All of the activities of this corporation shall be exercised exclusively for charitable or educational purposes in such manner that this Indian Inter-Tribal Association shall qualify as an exempt organization under 501 (c) (3) of the Internal Code of 1954, as it is currently or may hereafter be in force and effect.
ARTICLE V - DEDICATION OF PROPERTY, ASSETS, AND INCOME
This Indian Inter-Tribal Association is formed solely for the purposes set forthe in Article III herein. This Indian Inter-Tribal Association is not organized for pecuniary gain or profit, and it will not distribute any gains, profits, or dividends to the officers or directors thereof, or to any other person, except  that it shall be authorized to pay reasonable compensation for services rendered and to make payments in furtherance of it's specific and primary purposes.
ARTICLE VI - DIRECTORS AND OFFICERS
The number and qualifications of directors and officers shall be as provided in the By-Laws.
The initial Board of Directors shall consist of three (3) directors who shall serve until their successors are selected and qualified according to the By-Laws.
The names and addresses of the initial directors are:

Chief Arthur W. Seymour

Missisquoi Band of the Abenaki Nation

36 Walnut Street

Burlington, Vermont 05401

Chief Wayne J. Hoague

Green Mountain Band of the Abenaki Nation

R.F.D.

West Swanton, Vermont

Chief Richard W. Phillips

Eastern Woodlands Band of the Abenaki Nation

Post Office

Highgate Springs, Vermont 05460

ARTICLE VII - REGISTERED OFFICE AND AGENT
The registered office of this Indian Inter-Tribal Associaton shall be:
15 Jewett Street [Rudolph Kent Ouimette's address]
Swanton, Vermont
The registered agent at the above address shall be:
***Kdakinna Pobatamwogan Medicine Society
[this Incorporation *** was created on July 17, 1978 by R. Kent Ouimette, Arthur Bill Seymour, Arthur's wife ... Dorothy Seymour, and R. Kent Ouimette's wife ... Viviane Jean (nee: Richard) Ouimette.]

ABENAKI NATION/VERMONT - 3

ARTICLE VIII - DISOLUTION

If the disolution of this Indian Inter-Tribal Association shall become necessary, the Board of Directors shall ask the Kdakinna Pobatamwogan Medicine Society, an organization exempt under section 501 (c) (3) of the Internal Revenue Code, to administer the holdings of this Indian Inter-Tribal Association in accordance with it's stated purposes.

Any other assets not so disposed shall be disposed of by the County Court of this County in which the principle office of the corporation is then situated, exclusively to such organizations as the court shall determine, whose purposes are in harmony with the purposes of this Inter-Tribal Association.

ARTICLE IX - AMENDMENT

These Articles of Association may be altered or amended at any regular or special meeting of the Board of Directors by the Board of Directors by the unanimous affirmative vote of all of the Directors then in office.

Amendments to these Articles of Association, when so adopted shall be filed with the Secretary of State in accordance with the provisions of Title 11, Chapter 19, of the Vermont Statutes Annotated, as amended.

ARTICLE X - INCORPORATIONS

The names and addresses of the incorporators of this Indian Inter-Tribal Association are as follows:

IN WITNESS WHEREOF, WE, the undersigned have executed these Articles of Association this __2nd__ day of __February__ A.D. 1980.

Arthur W. Seymour, L.S.

Missisquoi Band of the Abenaki Nation

36 Walnut Street

Burlington, VT 05401

Wayne J. Hoague, L.S.

Green Mountain Band of the Abenaki Nation

R.F.D. #1

West Swanton, VT 05488

Richard W. Phillips, L.S.

Eastern Woodlands Band of the Abenaki Nation

Post Office

Highgate Springs, VT

--------------------------------------------------------------------
State of Vermont) ss. Swanton, February 2nd, A.D. 1980
Franklin County)
On this date, personally appeared Chief Arthur W. Seymour, Chief Wayne J. Hoague, and Chief Richard W. Phillips,
known to me to be the persons whose names they subscribed to the above document and acknowledged that their signing and sealing of this document was their free act and deed, before me,
R. Kent Ouimette
Justice of the Peace

 United States Department of Education

Washington, D.C. 20202

November, 1980

Dear Colleague:

The purpose of this booklet is to provide you with information regarding the process of applying for FY 1981 Ethnic Heritage Studies Program funds. Applicants are required to file the forms in this package in order to obtain benefits.

I would like to call your attention to several changes in the application information package for FY 1981. Specifically, we have added: (1) Table of Ethnic Groups Involved in Ethnic Heritage Studies Program Projects 1974-1977 (E1-3); (2) a listing of reasons for disqualifying applications (f4); (3) Ethnic Heritage Studies Program Regulations (C1 and C2); and (4) certification of non-profit status and educational purpose (D2).

In addition, the program information section of the Application Notice indicates a number of changes in funding procedures for FY 1981 that you should consider in preparing your application.

Particularly important is the opportunity to apply for either single or multi-year grants. The Ethnic Heritage Studies staff and dissemination staff located in the Education Department regional offices are available to answer questions about the application process. However, we are not permitted to review applications in advance of the closing date.

The Secretary expects to announce the recipients of grants no later than June 30, 1981.

Thank you for your interest in the Ethnic Heritage Studies Program.

Sincerely,

Lawrence E. Koziarz

Director

Ethnic Heritage Studies Program

 [FRONT Cover]

APPLICATION FOR GRANTS
UNDER THE ETHNIC HERITAGE
STUDIES PROGRAM

 [BACK Cover]

R. KENT OUIMETTE, DIR

MASIPSKOIK WOBANAKIAK

MISSISQUOI BAND-THE ABENAKI NATN

15 JEWETT ST

SWANTON  VT  05488

[ALLEGEDLY Richard "Blackhorse" Wilfred Phillips created this document]

A Declaration

On this date [March 19, 1983 as it is indicated] , I, Richard Wilford Phillips, do hereby surrender my position as High Chief of the Woobanakick Eastern Woodlands Abenaki Nation Vermont band. I, until further notice, will be known as the number 2 Chief, though I retain my I.D. card and band number as number 1 Chief until such time I resume duties as High Chief.

The purpose of this document is due to family pressures and obligations which must take precedent at this time.

This document is dated for record, and signed by the Clan Chiefs present on this date, stated below, with myself. It is understood that I will resume my position as High Chief upon a minimum of 30 days notice to the Tribal Council Chief serving in the capacity of High Chief at the time of notification.

Signed

Richard Wilford Phillips

CHIEF BLACK HORSE

dated: 19 March 1983

CLAN CHIEF:

SPIRIT BEAR: Emerson B. Garfield

Chief (Spirit Bear)

WHITE BUCK: Kevin J. Fletcher

Chief White Buck

RUSHING WATER: Howard F. Knight, Jr.

Chief Rushing Water

[NOTICE: The handwriting 'slant' is Howard F. Knight, Jr.'s ... NOT Richard W. Phillips. Richard Phillips middle name was NOT "Wilford" but rather on ALL Vermont Vital Records of his marriage and his children's birth records, it was Richard Wilfred Phillips. So, what this indicates, is that this document is a FORGED, CREATED, DECEITFUL MANIPULATION of reality. It's a confabulated document. Richard "Blackhorse" Wilfred Phillips was ALREADY "outside" this concocted group Incorporate by March 19, 1983 to my thinking.]

REVIEW THIS LINK: http://4.bp.blogspot.com/_hqC5V9v2WXg/SxRAJLnl9II/AAAAAAAACAI/L6m-IhBfc4s/s1600/85.+Exhibit+33+Pg+03.jpg Wherein, on December 01, 1992 ... quote, right from Howard F. Knight, Jr.'s own typed up confabulations (which were used as "evidence" in a Massachusetts "Incorporation Protest" hearing involving Paul Wilson Pouliot and Homer St. Francis Sr. too), "In either 1979 or 1980 some of these families who were desendants of the old Coos/Cowasuck Tribal Band came together under Richard "Black Horse" Phillips who was the next Coos Chief, formerly from Swanton and Newport, Vermont. About June or July of 1980, I joined the Coos Tribal Band and took my seat on the Tribal Council as a Clan Chief representing my family Clan. Suddenly, from "out of the blue", in the summer of 1983, Chief Richard "Black Horse" Phillips resigned. No reason was ever given. At this point, the Tribal Senior Council (as it was known at that time) to include Alden Palmer - Senior Councilor, elected me as the Acting Chief because of the reasons that they felt I was able to write cleary [sic], speak to issues with a clarity that the others on the Council felt inadequate to do, and probably the most important to them, the fact that I had a college education compared to many who had only a 6-8th grade, maybe a 10th or 11th grade education if they were lucky. I served as Acting CHief until October 1989, at which time I was elected to a Seven year term as the Coos Tribal Chief per the Tribal Band By-Laws by the Council members".

Obviously, Howard Franklin Knight, Jr. either CREATED this dated March 19, 1983 document "to cover his arse" for the lack of legitimacy to being connected to anything authentically Coos "Abenaki" or...perhaps, he just "forgot" to shred this particular created forged document, that he himself created, and was "ignoring" its "created" reality. By my calculations (reviewing the factual documents), Mr. Richard Wilfred Phillips had already left this incorporations for reason(s) I will explain later on. The FACT that on this particular March 19, 1983 document, it is indicated that Richard Phillips supposedly wrote Wilford, instead of Wilfred, as his middle name....is clearly a VERY STRONG INDICATOR, that Richard Phillips DID NOT create this document, nor did he create or sign it with his bone fide signature! The ONLY person who created and signed this document, was seemingly Howard Franklin Knight, Jr. himself on March 19, 1983 or a date thereafter. To my thinking.

NEXT, I WILL BEGIN TO SHOW AND PROVIDE THE SEEMINGLY DECEITFUL MANIPULATION OF THE DOCUMENTS ABOVE, BY NONE OTHER THAN HOWARD FRANKLIN KNIGHT, JR. himself.

[NOTICE: the upper right hand corner handwritten "E1"]

[unaltered]

FOLLOW ALONG....

MORE IS YET TO BE POSTED

REMEMBER

WAYNE J. HOAGUE

ARTHUR W. SEYMOUR

RICHARD W. PHILLIPS

all came from

HOMER WALTER ST. FRANCIS SR.'S

ST. FRANCIS/SOKOKI BAND

OF

ABENAKIS OF VERMONT

INCORPORATED

We INTERRUPT the NORMAL Broadcasting Service of this blog, to ANNOUNCE this BREAKING NEWS!:

Date: Tue, 4 Jan 2011 23:30:42 -0800 (PST)
From: Luke Willard
Reply-To: Luke Willard
Subject: Recognition

To: Alan Kinlon Mkazas Largy (Mabel Victoria nee: Burton's son), Allen Davis, Billie Jo Abbott , Linda Marsh, Lynn Appleby, Lucy Cannon, chopsueychad@yahoo.com, Christina, Dana Cheney, Frank Cheney, Lorraine Carrington (resides in NY State), Charles Delaney (member of Trad. Abenaki of Mazipskwik..Homer's relative Connie Brow's Inc. group), Debbie Davis, Debbie Demers, Dennis, Derrick Davis, Jennifer Davis, Jessica Davis, Keith Davis, Lisa Davis, Nettie Demar, firefighter627@ymail.com, greengo@surfglobal.net, Debbie Girard, Dave Gilman (Inc. Agent of Trad. Abenaki of Mazipskwik ... Homer's relative Connie Brow's Inc. group) , Doug Gilman, Richard Green, Kathy Phillips (Richard "Black Horse" Phillips dau.), Jeremy Lacasse, Linda Caron, Debbie Willard (Luke Willard's wife) , Donna Shelton, Don Stevens (member of April St. Francis-Merrill's group), Dawn Macie, Mandi, Maria Baker, Chastity Phillips, Paul Tamburro, Jessica Phillips-Russell (Kathy Joyce nee: Phillips daughter Jessica Erin nee: Ouimette - Deth), Tom, David Vandeusen

Kwai Kwai Nulhegan members,
Yesterday, the Vermont Commission on Native American Affairs voted unanimously to recommend Nulhegan for State Recognition. Chief Don attended the meeting and spoke for the tribe. I just wanted to say congratulations... we're almost there. We're gonna need as many friends in the legislature as we can get, so if you know anyone... call or write. If you do, please mention Nulhegan specifically because each tribe will have their own bill. Please relay this news to your families and other Nulhegan members.

Yesterday was a good day. There are many positive things happening. We look forward to a great year.

Luke Willard
(802) 754-2216

P.S. As you can see, I added Nancy Cote and Ed Davis to this email. I do this because recognition meant so much to them both.

~

Written by Administrator Mark W. Mitchell
Thursday, 06 January 2011
VT Indian Commission approves 2 applicants for recognition
The VT Indian Commission voted unanimously Tuesday to recommend Nulhegan (Luke A. Willard-Donald W. Stevens Jr.) and Elnu (Roger "Longtoe" A. Sheehan) for State tribal recognition.
"Our reports are prepared and will be sent to the legislature," stated Luke Willard, Chair of the Commission. It has been requested by the Commission that the Koasek (Nancy L. nee: Millette-Doucet) come back with more information.
Mississquoi (April A. nee: St. Francis-Merrill) are still holding back, but are planning on sending something in soon in response to the application process.

MY RESPONSE:

Now all you Vermonter's out there in Vermont

PAY ATTENTION

My intuition is telling me this VT Indigenous Alliance will do the following:
Step 1. Luke Andrrew Willard is going to seek Vermont State Recognition FOR HIS INCORPORATION to be "legislatively sanctioned," by the stroke og a Government pen, with the title of supposedly being an "authentic" Abenaki Tribe.

Step 2. is going to be, once atleast 1 of these Incorproated Groups gains that "legislatively sanctioned" concocted "recognition" as being allegedly "an authentic Abenaki Tribe," then the other 3 Incorporated Groups within Vermont (El-Nu, Missisquoi, and Koasek Inc.'s) will then slither up under the 1 VT State recognized incorporate group. That way, these 4 Inc. groups can pretend that their crafts and art are alleged "authentic" Abenaki. Nancy Millette-Doucet will NOT have to show or provide ANY legitimate evidence genealogically (etc) that she (nor any of her followers/members) are honestly connected to ANY Abenaki Ancestors! April St. Francis-Merrill of Swanton, VT will also very likely UNITE "under" Luke Andrew Willard, and thereby bypass (go around, over the top, or underneath) the findings and absolute lack of Abenaki Ancestral Community connection as well. READ the BIA FINDINGS, etc.!


Step 3. will be that Donald Warren Stevens' and his  cronies of this concocted "VT Indigenous Abenaki Alliance," in all their manipulated confabulations and their alleged "outside Scholars" (such as David Skinas, Frederick M. Wiseman, and Dave Lacy) will go after (already these people have been "positioning" themselves politically) the June 1796 "King Philip" Territorial Deed, and stage a "Land Grab", implying that the Phillips Family descends from the said historical "King Philip" of Coos County, New Hampshire, which includes (geographically-speaking) northeastern Vermont etc.!


Step 4. will be that these Incorporations will go after a Casino, perhaps (?); and or DEMAND $$$$$ for that loss; and that the Indian Arts and Crafts Board of the BIA immediately "recognize" these Incorporation group's "artists" as legitimate "Abenaki Crafters" so they can label their wares.


All the while, Abenakis from and or of Odanak and their many descendants living here in Vermont, New Hampshire, New York, Connecticut, Massachusetts, and Rhode Island (over the past 100-200 years & into the present and future) are continued to be maliciously and hatefully ignored, and will NOT be recognized by the Vermont and or New Hampshire Legislators. How very nice.


"Lateral Oppression/Violence" and "Genocide" against legitimately documented Abenaki People from HISTORICAL Community, is the name of the game, in 2011 by these Inc.'s and their supportive "representatives" like Sen. Hinda Miller and her side kick Vince Illuzzi.


These Incorporation President's like Luke Andrew Willard, Nancy Millette-Doucet and her buddy, April St. Francis-Merrill should BE SO PROUD!


Again, these people are operating under the 3-D's premise. That being Deceitfulness, Deceptions, and DISHONESTY. Oh, let's not forget manipulation too.

Vermont gets to get rid of it's "Indian Problem" by simply officially legislatively-recognizing a bunch of already VT State-Sanctioned and Endorsed Incorporate Entities, that claim to represent the Abenaki Ancestors and contemproary "Abenaki" population.

How nice. The only good Indians, are  DEAD one's someone once said, and nowadays, its more like "the only good Indians, are the one's that are NOT mentioned in Vermont's Abenaki Recognition 2006 to 2011."

When incorporations can be legislatively state-sanctioned and changed into becoming  bone-fide "VT Abenaki Tribes", is a day that even Hitler would envy! "Re-writing Abenaki History" is EXACTLY what is going on here in Vermont....by these incorporations (as well as in New Hampshire)!

Well, let the "Abenaki Circus" Games begin....

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
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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
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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
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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).