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Chair of Vermont Indian Commission testifies in Committee

Written by Administrator

Thursday, 28 January 2010

Chair of Vermont Indian Commission testifies in Committee 1-28-2010 Testimony regarding S. 222 AN ACT RELATING TO RECOGNITION OF ABENAKI TRIBES For the Senate Economic Development Committee: Chair, Vincent Illuzzi; Vice Chair, Hinda Miller; Clerk, Timothy Ashe; Douglas Racine; William Carris Kwai Kwai (Greetings) Honored Senators! My name is Charles Delaney-Megeso, and I am a resident of Burlington. I thank you for allowing me to testify before you today. I am the Chair of the Vermont Commission on Native American Affairs (VCNAA). Although the testimony I am about to give is primarily my own, I do first want to represent the sentiments and efforts of the Commission over the past year and since S.222 was published. All of the Members – and some of those who served in the past – have a strongly held view that the Commission simply does not have any sort of legal authority to fulfill the responsibilities we were given in §852. A significant example is the Act 250 situation at Burlington’s Intervale. The VCNAA was specifically created “in order to recognize the historic and cultural contributions of Native Americans to Vermont, and to protect and strengthen their heritage”. Yet, when a known, highly valuable and significant, Abenaki site is at stake, neither the Commission nor any of its Members could get party status. At the beginning of 2009, the VCNAA submitted a proposed “vested authority” bill to the Legislative Council in order to be able to conduct the appointed §852 duties “including the creation of State policy toward and programs for Native peoples, and the oversight of all other affairs affecting Native American peoples in the State.” It has been explained to us that the State Assembly does not confer “vested authority” on any Commission to do its work; nevertheless, we need to be given something that gives us standing in the areas of our responsibility. How this can be done to everyone’s satisfaction has yet to be agreed upon. Specifically in terms of the bill S.222 before us, I have been speaking with my fellow Commission Members. We have not taken a position as a Commission on the bill, and have not yet decided whether to make it part of our current agenda. Of course, each of us has our view of it. Members of the first term of the Native American Affairs Commission stand behind the Indian recognition criteria they developed after much research. It mirrors federal requirements, but, as part of the S.369 bill in 2008, caused a great deal of contention with Native leaders, spokespeople, and advocates. Another thread of thought concerns the decision by the Odanak Abenaki of Quebec to extend membership along the matrilineal bloodlines. This means many more recognized Abenaki in our state, and raises questions about legal interaction between the Canadian-recognized Vermont Indians, our state government, and other Native people in Vermont. One member would like to see this bill tabled. Because I continue to exercise my right as a Vermont resident to testify on issues that concern me, such as Indian rights, one of the Native Affairs Members has declared that I’ve committed treason. And so, on that note, I now speak only for myself. I, along with two other advocates for Native issues, helped shepherd and co-author S.117 for this State Assembly in 2006. That law was well intentioned and was meant to recognize Vermont’s indigenous Abenaki and other Native American people as Indians. Everyone who worked on it thought that it would address the needs that our Native people have, particularly as it regards the federal Bureau of Indian Affairs, Arts and Crafts law. Sadly and surprisingly, the BIA has made it clear that our original law doesn’t meet their bar. It is the hope of everyone here that the new bill will be satisfactory, and I urge the chair of this and any other committee that takes up this bill to insure that its provisions will meet the criteria for the Indian Arts and Crafts law by consulting with that department. Finally meeting the BIA’s requirements for our Native artisans and other professionals to identify and work professionally as “Abenaki” will be a significant economic boon to Vermont’s indigenous people, and also add to the State budget coffers. Although this is a major focus of the bill, and of the needs of my community, today I would like to discuss some other aspects of the legislation. Just before S.117 was passed, substantive changes were made in the final draft that were not made public and which greatly altered the provisions for the Vermont Commission on Native American Affairs. Previously, the idea had been that recognized Abenaki groups would each get direct representation on the Commission, and other Native Americans (including Abenakis) would fill out the at-large seats with members selected by the sitting Commission from candidates solicited by the Division for Historic Preservation. Under the current arrangement, the Governor makes all appointments and selects the Chair. This has resulted in many Abenaki bands rejecting the Native American Affairs Commission because they are not specifically represented. In turn, this has often left the Commission somewhat hamstrung because the constituents we are meant to serve often feel that unrepresentative “others” are trying to dictate to them rather than help them. This is a very unfortunate. Over the past three and a half years, Native people of good character, education, vision, and positive ideals who were not tribal delegates have served on the Native Commission. Despite a tremendous amount of effort both on the part of the Native community and the VCNAA, problems with the original law have yet to be resolved, a condition I hope we can fix in this legislative term with S.222. This situation is complicated by the interpersonal and intertribal dynamics that have occurred over the years. Although I have the privilege of serving as the Chair of the VCNAA, I am unable to have good lines of communication with some of the Abenaki leaders. While I have tried to reach out, I have been viewed with great suspicion in part because of the negative opinion these leaders and members of their groups have of the Native American Affairs Commission. I am strongly of the opinion that if we – both delegates from tribes and at-large Native Commissioners – were able to work together at the same table, many of these difficulties could be overcome. Where old wounds now fester, new alliances of trust and mutual aid could be forged. And so, I am a supporter of this bill’s suggested tribal representatives on the VCNAA, but also an advocate for the non-affiliated Native peoples to have a place at that table. Historically, traditional Abenaki society is organized by family, clan, and region, and it is important that this very large, non-tribal population of Abenakis also has representation. I would suggest, for example, that there be a number of at-large seats, and at least enough to make the number of Native Commissioners uneven. In this way, people such as Louise Lampman-Larivee and Tim de la Bruere for example, who are part of large family clans, can play a vital role in bringing balance to the VCNAA, in part by representing the needs of family groups that are distinct from those of tribes. By simply changing the structure of the Commission, unexpected and significant positive changes may well come about in the Native communities. A Commission membership such as I have outlined would help Abenakis of all stripes and from all corners of the state be better able to see eye to eye and work in our common interest. Rather than problems fracturing Vermont’s Native community, these may be able to be resolved quickly, before they cause long-lasting and deep damage to groups and individuals. We may all come to see ourselves as who we originally and still are: one people. I see many positive aspects of bill S.222, but I do have some suggested changes. I offer these in the firm belief that they will help promote fairness, democracy, and a more functional Commission: 1) Each recognized tribe should only have one seat – and therefore one vote – on the Commission. 2) At-large VCNAA member applications should continue to be solicited by the Division for Historic Preservation, but I believe that these candidates should not be members of any State recognized tribe. I would suggest that the final selection be made by on vote each of the sitting Commission, the Director of Historic Preservation, and a third relevant – cultural, not political – government body, for example. 3) The Commission itself should choose its Chair. 4) Commission Members’ terms should be staggered for continuity and also to help avoid the current situation of having multiple vacancies. 5) As stated above, it is important to insure that there are no less than seven but always an uneven number of Commissioners so as to prevent tie votes. Currently, a simple majority is all that’s needed to pass motions. It is my fond wish that many or all of the positive outcomes we all want from this bill will come to pass. I hope that once the tribes are recognized, a more common sense approach will be taken as to who is or is not a blood member of a group or lineage, or who else will be accepted into their tribes. Perhaps one day, tribal membership status will be less partisan and political and more about the caliber of current and potential members, and the cultural and personal contributions they do and can provide. In my mind, each person is a temporary leader when their talents are called upon. If this can be seen as a strength instead of as a threat, more good will come to all. Let there never come a time again when people such as myself – who has a long and documented family relationship with well-known Abenaki-Algonquin blood lines – are slandered across the Abenaki lands as someone who is not an Indian, but an outside agitator. Oliwni (thank you) for your time and consideration. May spirits of fairness and cooperation prevail. Signed, Charles Delaney-Megeso Mazipskwik Abenaki

 

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