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H.484
Introduced by Representatives Stafford of Brighton, Christiansen of East Montpelier, Baird of Burlington, Bouricius of Burlington, Kinsey of Craftsbury, Larocque of Barnet and Smith of Burlington
Subject: Abenaki tribe; state recognition; commission on Abenaki affairs
Statement of Purpose: This bill proposes to recognize the tribal status of the Abenaki people as a matter of state law; to create a commission on Abenaki affairs to negotiate matters of common concern to the state of Vermont and the Abenaki tribe; and to assist the Abenaki tribe in obtaining federal recognition.
AN ACT RELATING TO RECOGNITION OF THE ABENAKI TRIBE
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 1 V.S.A. chapter 23 is added to read:
CHAPTER 23. ABENAKI TRIBE
§ 851. STATEMENT OF PURPOSE
The general assembly hereby recognizes, as a matter of state law, the tribal status of the Abenaki people. The general assembly further declares it to be the intent of the people of the state of Vermont to assist the Abenaki people in obtaining federal recognition as a sovereign nation.
§ 852. COMMISSION ON ABENAKI AFFAIRS
(a) A commission on Abenaki affairs is created for the purpose of aiding the Abenaki tribe in its efforts to achieve federal recognition and to negotiate with the tribe in matters of common interest to the people of the tribe and the people of Vermont.
(b) Membership on the commission shall include ten members who shall be appointed by the governor. At least six members shall be knowledgeable in the area of federal Indian law, and at least two members shall represent the local community in which members of the Abenaki tribe reside and who are not members of the tribe. Members shall serve for four-year terms, staggered so that at least two and no more than three terms shall expire on June 30 of each year. The governor shall designate the chair of the commission to serve annually. Meetings shall be at the call of the chair.
(c) Vacancies which are created by resignations of the commissioners before their appointed term ends shall be filled by appointment of the governor, and individuals succeeding them shall serve only the period remaining in that commissioner's term of office.
(d) Members of the commission shall receive a per diem and expenses pursuant to section 1010 of Title 32.
§ 853. DUTIES
The commission shall:
(1) Consult with the Abenaki tribe to identify matters that should be negotiated between the tribe and the state of Vermont.
(2) Negotiate with the governing body of the Abenaki tribe for settlement of issues of concern. These may include issues of the entitlement of the tribe to fishing, hunting and trapping rights and an exemption from the provisions of Part 4 of Title 10.
(3) Recommend to the general assembly and the governor, action that should be taken by the state to resolve issues of concern to the Abenaki tribe.
(4) Work with the governing body of the Abenaki tribe and the federal government to achieve federal recognition of the Abenaki tribe as an independent sovereign nation.
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