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The database did not include source citations for information contained in the database and the vital records and other historical documents submitted by the petitioner, and the State of Vermont supplied documentation for only a few of the petitioner's members and claimed ancestors (20 birth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
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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 ListsThe 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:
Proposed Finding - Summery Under the Criteria
Page 145
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.
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 146
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).
