Smokin' Ace

Vermont band denied federal recognition
© Indian Country Today November 22, 2005. All Rights Reserved
Posted: November 22, 2005
by: Gale Courey Toensing / Indian Country Today
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AP Photo/The Burlington Free Press, Alison Redlich -- Abenaki Chief April St. Francis-Merrill held a news conference with fellow tribe members at their headquarters in Swanton, Vt., on Nov. 14. Leaders of the Abenaki tribe met with reporters for the first time since the BIA disclosed it was recommending against giving the tribe federal recognition.
SWANTON, Vt. - The chief of the St. Francis/Sokoki Band of the Abenaki Nation of Missisquoi said the tribe will continue its quest for federal acknowledgement despite a preliminary denial by the BIA.

''We have always known this is not an easy process,'' said Chief April St. Francis-Merrill. ''Native people are the only people who have to prove to the government that tried its best to ethnically cleanse us that we survived being ethnically cleansed. The battle isn't over. It's just begun.''

The BIA issued a proposed finding Nov. 10, saying the St. Francis/Sokoki Band's evidence failed to prove its members descended from the historical Abenaki tribe, that it existed as a tribe from 1900 to 1975, or that it was identified as a continuous community with political authority from first contact with non-Indians.

According to a Department of the Interior press release, ''The petitioning group did not meet criteria 83.7 (a), (b), (c) and (e) of the acknowledgment regulations [Part 83 of Title 25 of the United States Code of Federal Regulations].''

The tribe has 180 days to submit additional information.

BIA spokesman Nedra Darling emphasized the preliminary nature of the ruling.

''They have the opportunity to pull some documents together and pinpoint their efforts. They have time now to go back and look at records and hopefully provide the information,'' Darling said.

The denial marks the third time in less than a month that the BIA has denied federal recognition to a New England tribe.

On Oct. 12, Associate Deputy Secretary James Cason issued reconsidered final determinations rescinding the federal acknowledgment of two Connecticut tribes, the Eastern Pequot Tribal Nation and the Schaghticoke Tribal Nation. He notified the tribes by fax, which stung tribal leaders. Eastern Pequot and Schaghticoke members said Cason apologized for his action at the recent National Congress of American Indians convention.

Cason telephoned Merrill to announce his decision.

''I wasn't surprised. We've seen what happened to the last two New England tribes. I know they're going through the same thing we're going through, but it must be even worse for them because they had recognition. They [the BIA] give it and they take it away. They make it so hard for the Eastern tribes to succeed,'' Merrill said.

As in Connecticut, Vermont's Attorney General William Sorrell used the power of his office to mount a tough opposition campaign against the tribe's efforts.

In commenting on the BIA decision, Sorrell said, ''This has never been about trying to discriminate against the group seeking tribal recognition. Since there are so many rights that typically flow from federal recognition, it is extremely important that the stringent legal tests for recognition be met. Our research indicated that this group has not met these tests. The BIA agrees with our assessment of the evidence.''

But the main thrust of his opposition, as in Connecticut, focused on generating fear that the tribe would open a casino and file land claim lawsuits.

''They've brought up a casino and land claims for the last 25 years, and yet the attorney general has never agreed to meet with us and discuss these issues despite repeated offers by us to do so. The reason is that he knows those issues are a red herring to hide behind rather than face the underlying issue - the history of Vermont in prosecuting the Abenaki Nation, and how we can correct that wrong and move forward,'' Merrill said.

Merrill estimated that the attorney general has spent about $400,000 of taxpayers' money to fight the tribe.

''Are they going to give us the same amount of money they spent on experts to finish up our petition?'' Merrill asked.

The tribe has no money and no financial backer. The tribe's lawyer provides his services pro bono.

Although the tribe has no reservation, it has purchased 300 acres in Brunswick Springs and sold the development rights to the Vermont Land Trust. The $200,000 purchase price was raised by members and through generous donations, Merrill said.

''It was aboriginal land that at one point was a sacred healing ground for all Native people, whether Abenaki or not. There are six different mineral water springs there used for healing. There have been people in the past who built hotels and things there, and they all burned to the ground,'' Merrill said.

The tribe's struggle for both state and federal recognition has taken many twists and turns over the years.

Merrill inherited the title of chief from her father, who died in 2001. He submitted the tribe's letter of intent to seek federal acknowledgement in 1980 and the filed the first petition in 1987. The petition was later withdrawn during a court case and resubmitted in 1996.

In 1976, the state spent $35,000 on a study of the tribe. The governor at the time said he would grant the tribe state recognition if it could prove its identity.

''We did that and had state recognition for a whole three months,'' Merrill said. In 1977, a new governor wrote off the tribe's state recognition in an executive order, Merrill said.

But in 1983, the same governor issued a proclamation saying the St. Francis/Sokoki Band was the only tribal government in Vermont.

The tribe won an aboriginal fishing and hunting rights lawsuit in state Superior Court, only to have it overturned in an appeal by the state in the U.S. Supreme Court on the state's claim that the tribe doesn't exist.

While claiming the tribe doesn't exist, the state has purchased land for the repatriation of the bodies of ancestors that had been dug up by private land owners.

The tribe also received a federal grant to help put together its petition for federal recognition. Most of the work was done by tribal members with the help of consultants, Merrill said.

''It a long battle, but the fight is not over. We have to keep going for our children's sale. Whatever we do today is for the next seven generations. That's the way we've always looked at it,'' Merrill said.

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