VT
Vermont House Bill H0362

Vermont 2025-2026 Regular Session

Vermont House Bill H0362 Compare Versions

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55 VT LEG #380973 v.1
66 H.362 1
77 Introduced by Representative Headrick of Burlington 2
88 Referred to Committee on 3
99 Date: 4
1010 Subject: General provisions; Native American Indian People; Truth and 5
1111 Reconciliation Commission 6
1212 Statement of purpose of bill as introduced: This bill proposes to make changes 7
1313 to the State recognition process of Native American tribes and to implement 8
1414 restorative justice projects in collaboration with Odanak leadership. This bill 9
1515 also proposes to increase transparency and reduce conflicts of interest for the 10
1616 Truth and Reconciliation Commission. This bill also proposes to create a task 11
1717 force to review the validity of prior recognition of State tribes and to establish 12
1818 a legislative committee to oversee the Truth and Reconciliation Commission. 13
1919 This bill also proposes to seek a third-party audit of the Commission’s 14
2020 activities. 15
2121 An act relating to State recognition of Native American tribes and the Truth 16
2222 and Reconciliation Commission 17
2323 It is hereby enacted by the General Assembly of the State of Vermont: 18
2424 Sec. 1. FINDINGS 19
2525 The General Assembly finds: 20 BILL AS INTRODUCED H.362
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3030 (1) Deliberations of the Truth and Reconciliation Commission are not 1
3131 subject to Vermont’s Open Meeting law, raising transparency concerns. 2
3232 (2) The process for State-recognition of Native American Indian tribes 3
3333 has been flawed, excluding key voices, particularly those of the Odanak 4
3434 Abenaki. 5
3535 (3) The State’s recognition of certain Native American Indian tribes has 6
3636 perpetuated cultural erasure and undermined authentic Indigenous heritage. 7
3737 (4) Effective truth and reconciliation processes prioritize transparency, 8
3838 community inclusion, and restorative justice, as outlined in the United Nations 9
3939 Declaration of the Rights of Indigenous People. 10
4040 Sec. 2 1 V.S.A. § 852 is amended to read: 11
4141 § 852. VERMONT COMMISSION ON NATIVE AMERICAN AFFAIRS 12
4242 ESTABLISHED; AUTHORITY 13
4343 (a) In order to recognize the historic and cultural contributions of Native 14
4444 Americans to Vermont, to protect and strengthen their heritage, and to address 15
4545 their needs in State policy, programs, and actions, there is hereby established 16
4646 the Vermont Commission on Native American Affairs (the “Commission”). 17
4747 (b) The Commission shall be composed of nine members appointed by the 18
4848 Governor for staggered two-year terms from a list of candidates compiled by 19
4949 the Division for Historic Preservation. The Governor shall appoint members 20
5050 who have been residents of Vermont for a minimum of three years and reflect 21 BILL AS INTRODUCED H.362
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5555 a diversity of affiliations and geographic locations in Vermont. A member 1
5656 may serve for no not more than two consecutive terms, unless there are 2
5757 insufficient eligible candidates. No individual affiliated with or employed by a 3
5858 group or band seeking formal State recognition as a Native American Indian 4
5959 tribe shall serve on the Commission during the pendency of the application. 5
6060 The Division shall compile a list of candidates from the following: 6
6161 * * * 7
6262 Sec. 3. 1 V.S.A. § 853 is amended to read: 8
6363 § 853. CRITERIA AND PROCESS FOR STATE RECOGNITION OF 9
6464 NATIVE AMERICAN INDIAN TRIBES 10
6565 * * * 11
6666 (c) The recognition process shall require genealogical evidence of 12
6767 Indigenous ancestry verified by independent experts and based upon input 13
6868 from federally or internationally recognized Indigenous communities. In 14
6969 addition, in order to be eligible for recognition, an applicant must file an 15
7070 application with the Commission and demonstrate compliance with 16
7171 subdivisions (1) through (8) of this subsection, which may be supplemented by 17
7272 subdivision (9) of this subsection: 18
7373 (1) A majority of the applicant’s members currently reside in a specific 19
7474 geographic location within Vermont. 20 BILL AS INTRODUCED H.362
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7979 (2) A substantial number of the applicant’s members are related to each 1
8080 other by kinship and trace their ancestry to a kinship group through genealogy 2
8181 or other methods. Genealogical documents shall be limited to include those 3
8282 that show a descendency descendancy from identified Vermont or regional 4
8383 native people. 5
8484 (3) The applicant has a connection with Native American Indian tribes 6
8585 and bands that have historically inhabited Vermont. 7
8686 (4) The applicant has historically maintained an organizational structure 8
8787 that exerts influence and authority over its members that is supported by 9
8888 documentation of the structure, membership criteria, the names and residential 10
8989 addresses of its members, and the methods by which the applicant conducts its 11
9090 affairs. 12
9191 (5) The applicant has an enduring community presence within the 13
9292 boundaries of Vermont that is documented by archaeology, ethnography, 14
9393 physical anthropology, history, folklore, or any other applicable scholarly 15
9494 research and data. 16
9595 (6) The applicant is organized in part: 17
9696 (A) to preserve, document, and promote its Native American Indian 18
9797 culture and history, and this purpose is reflected in its bylaws; and 19
9898 (B) to address the social, economic, political, or cultural needs of the 20
9999 members with ongoing educational programs and activities. 21 BILL AS INTRODUCED H.362
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104104 (7) The applicant can document traditions, customs, oral stories, and 1
105105 histories that signify the applicant’s Native American heritage and connection 2
106106 to their historical homeland. 3
107107 (8) The applicant has not been recognized as a tribe in any other state, 4
108108 province, or nation. 5
109109 (9) Submission of letters, statements, and documents from: 6
110110 (A) municipal, State, or federal authorities that document the 7
111111 applicant’s history of tribe-related business and activities; and 8
112112 (B) tribes in and outside Vermont that attest to the Native American 9
113113 Indian heritage of the applicant. 10
114114 (d) The Commission shall consider the application pursuant to the 11
115115 following process, which shall include at least the following requirements: 12
116116 * * * 13
117117 (3) A process for appointing a three-member review panel for each 14
118118 application to review the supporting documentation and determine its 15
119119 sufficiency, accuracy, and relevance. The review panel shall provide a detailed 16
120120 written report of its findings and conclusions to the Commission, the applicant, 17
121121 and legislative committees. Members of each review panel shall be appointed 18
122122 cooperatively by the Commission and the applicant from a list of professionals 19
123123 and academic scholars with expertise in cultural or physical anthropology, 20
124124 Indian law, archaeology, Native American Indian genealogy, history, or 21 BILL AS INTRODUCED H.362
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129129 another related Native American Indian subject area. If the applicant and the 1
130130 Commission are unable to agree on a panel, the State Historic Preservation 2
131131 Officer shall appoint the panel. No member of the review panel may be a 3
132132 member of the Commission or affiliated with or on the tribal rolls of the 4
133133 applicant No individual affiliated with or employed by a group or band 5
134134 seeking formal State recognition as a Native American Indian tribe shall serve 6
135135 on a review panel. 7
136136 * * * 8
137137 Sec. 4. 1 V.S.A. § 857 is added to read: 9
138138 § 857. RESTORATIVE JUSTICE FOR ODANAK ABENAKI 10
139139 (a) The Commission shall consult with Odanak Abenaki leadership on all 11
140140 matters relating to Indigenous policy and recognition of Native American 12
141141 Indian tribes in Vermont. 13
142142 (b) To support cultural revitalization, the Commission shall allocate grant 14
143143 funding to projects led by the Odanak Abenaki, including cultural preservation 15
144144 and education initiatives. 16
145145 Sec. 5. STATE RECOGNITION OF NATIVE AMERICAN INDIAN 17
146146 TRIBES TASK FORCE; REPORT 18
147147 (a) Creation. There is created the State Recognition of Native American 19
148148 Indian Tribes Task Force to review the validity of the prior recognition of 20
149149 Native American Indian tribes by the State. 21 BILL AS INTRODUCED H.362
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154154 (b) Membership. The Task Force shall be composed of the following 1
155155 members: 2
156156 (1) two current members of the House of Representatives, not all from 3
157157 the same political party, who shall be appointed by the Speaker of the House; 4
158158 (2) two current members of the Senate, not all from the same political 5
159159 party, who shall be appointed by the Committee on Committees; 6
160160 (3) two experts in Indigenous genealogy, who shall be appointed by the 7
161161 Vermont Commission on Native American Affairs, in consultation with the 8
162162 Executive Director of the Office of Racial Equity; 9
163163 (4) one representative from the Odanak First Nation, who shall be 10
164164 appointed by Odanak leadership; 11
165165 (5) one representative from the Wôlinak First Nation, who shall be 12
166166 appointed by Wôlinak leadership; 13
167167 (6) one member of the public with expertise in the legal standards for 14
168168 Indigenous recognition, who shall be appointed by the Governor; and 15
169169 (7) one representative from the Vermont Attorney General’s Office, 16
170170 who shall be appointed by the Attorney General and who will serve in an ex 17
171171 officio, nonvoting capacity. 18
172172 (c) Powers and duties. The Task Force shall study the validity of the prior 19
173173 recognition of Native American Indian tribes by the State, with a focus on 20 BILL AS INTRODUCED H.362
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178178 genealogical evidence and historical continuity and shall consider the 1
179179 following questions: 2
180180 (1) whether past recognition practices were consistent with best 3
181181 practices and legal standards; 4
182182 (2) whether the recission of any previous recognitions should be 5
183183 recommended; 6
184184 (3) what alternative pathways exist for cultural recognition while 7
185185 ensuring historical integrity; and 8
186186 (4) what impact State recognition has had on federal recognition efforts, 9
187187 the allocation of State funding, and Indigenous cultural preservation. 10
188188 (d) Assistance. The Task Force shall have administrative support from the 11
189189 Office of Legislative Operations for the purpose of scheduling and staffing 12
190190 meetings and from the Office of Legal Counsel for the purpose of providing 13
191191 legal research and preparing recommended legislation. The Task Force may 14
192192 also seek technical assistance from the Vermont Historical Society, the 15
193193 University of Vermont and State Agricultural College, the University of 16
194194 Ottawa, and recognized experts in Indigenous law. 17
195195 (e) Report. On or before December 1, 2025, the Task Force shall submit an 18
196196 interim written report to the House Committee on General and Housing, the 19
197197 Senate Committee on Economic Development, Housing and General Affairs, 20
198198 and the Governor with its findings and any recommendations for legislative 21 BILL AS INTRODUCED H.362
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203203 action. On or before June 15, 2026, the Task Force shall submit a final written 1
204204 report to the House Committee on General and Housing, the Senate Committee 2
205205 on Economic Development, Housing and General Affairs, and the Governor 3
206206 with its final conclusions and any further recommendations for legislative 4
207207 action. 5
208208 (f) Meetings. 6
209209 (1) The representative from the Attorney General’s office shall call the 7
210210 first meeting of the Task Force to occur on or before July 15, 2025. 8
211211 (2) The Task Force shall select a chair from among its members at the 9
212212 first meeting. 10
213213 (3) A majority the voting members shall constitute a quorum. 11
214214 (4) The Task Force shall meet a minimum of four times and not more 12
215215 than six times. 13
216216 (5) The Task Force shall cease to exist on June 30, 2026. 14
217217 (g) Compensation and reimbursement. 15
218218 (1) For attendance at meetings during adjournment of the General 16
219219 Assembly, a legislative member of the Task Force serving in the member’s 17
220220 capacity as a legislator shall be entitled to per diem compensation and 18
221221 reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than six 19
222222 meetings. These payments shall be made from monies appropriated to the 20
223223 General Assembly. 21 BILL AS INTRODUCED H.362
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228228 (2) Other members of the Task Force shall be entitled to per diem 1
229229 compensation and reimbursement of expenses as permitted under 2
230230 32 V.S.A. § 1010 for not more than six meetings. These payments shall be 3
231231 made from monies appropriated to the General Assembly. 4
232232 Sec. 6. 1 V.S.A. § 902 is amended to read: 5
233233 § 902. VERMONT TRUTH AND RECONCILIATION COMMISSION; 6
234234 ESTABLISHMENT; ORGANIZATION 7
235235 (a) There is created and established a body corporate and politic to be 8
236236 known as the Vermont Truth and Reconciliation Commission to carry out the 9
237237 provisions of this chapter. The Truth and Reconciliation Commission is 10
238238 constituted a public instrumentality exercising public and essential government 11
239239 functions and the exercise by the Commission of the power conferred by this 12
240240 chapter shall be deemed and held to be the performance of an essential 13
241241 governmental function. 14
242242 (b)(1) The Commission shall consist of three commissioners appointed 15
243243 pursuant to section 905 of this chapter and shall include one or more 16
244244 committees established by the commissioners to examine institutional, 17
245245 structural, and systemic discrimination caused or permitted by State laws and 18
246246 policies experienced by each of the following populations and communities in 19
247247 Vermont: 20 BILL AS INTRODUCED H.362
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252252 (A) individuals who identify as Native American or Indigenous; 1
253253 (B) individuals with a physical, psychiatric, or mental condition or 2
254254 disability and the families of individuals with a physical, psychiatric, or mental 3
255255 condition or disability; 4
256256 (C) Black individuals and other individuals of color; 5
257257 (D) individuals with French Canadian, French-Indian, or other mixed 6
258258 ethnic or racial heritage; and 7
259259 (E) individuals from marginalized communities, including Odanak 8
260260 Abenaki, and other affected groups; and 9
261261 (F) in the commissioners’ discretion, other populations and 10
262262 communities that have experienced institutional, structural, and systemic 11
263263 discrimination caused or permitted by State laws and policies. 12
264264 (2)(A) Each committee shall consist of the commissioners and members 13
265265 appointed by the commissioners in consultation with the populations and 14
266266 communities identified pursuant to subdivision (1) of this subsection (b). 15
267267 (B) The commissioners shall ensure that the members of each 16
268268 committee shall be broadly representative of the populations and communities 17
269269 who are the subject of that committees’ work. In addition, the commissioners 18
270270 shall ensure that committee members: 19
271271 (i) demonstrate expertise in Indigenous rights, reconciliation 20
272272 processes, or systemic racism; and 21 BILL AS INTRODUCED H.362
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277277 (ii) do not have direct ties to any group subject to an investigation 1
278278 by the Commission. 2
279279 * * * 3
280280 Sec. 7. 1 V.S.A. § 906 is amended to read: 4
281281 § 906. POWERS AND DUTIES OF THE COMMISSIONERS 5
282282 (a) Duties. The commissioners shall: 6
283283 (1) establish, in consultation with the populations and communities 7
284284 identified pursuant to subdivision 902(b)(1) of this chapter and other interested 8
285285 parties in the commissioners’ discretion, committees to examine institutional, 9
286286 structural, and systemic discrimination caused or permitted by State laws and 10
287287 policies that have been experienced by the populations and communities 11
288288 identified pursuant to subdivision 902(b)(1) of this chapter; 12
289289 (2) determine, in consultation with the populations and communities 13
290290 identified pursuant to subdivision 902(b)(1) of this chapter, historians, social 14
291291 scientists, experts in restorative justice, and other interested parties in the 15
292292 commissioners’ discretion, the scope and objectives of the work to be carried 16
293293 out by each committee established pursuant to subdivision (1) of this 17
294294 subsection; 18
295295 (3) develop and implement a process for each committee established 19
296296 pursuant to subdivision (1) of this subsection to fulfill the objectives 20
297297 established pursuant to subdivision (2) of this subsection; 21 BILL AS INTRODUCED H.362
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302302 (4) work with the committees and Commission staff to carry out 1
303303 research, public engagement, and other work necessary to: 2
304304 (A) identify and examine historic and ongoing institutional, 3
305305 structural, and systemic discrimination against members of the populations and 4
306306 communities identified pursuant to subdivision 902(b)(1) of this chapter that 5
307307 has been caused or permitted by State laws and policies; 6
308308 (B) determine the current status of members of the populations and 7
309309 communities identified pursuant to subdivision 902(b)(1) of this chapter; and 8
310310 (C) satisfy the scope of work and the objectives established pursuant 9
311311 to subdivision (1) of this subsection (a); 10
312312 (5) work with the committees and Commission staff to identify potential 11
313313 programs and activities to create and improve opportunities for or to eliminate 12
314314 disparities experienced by the populations and communities that are the subject 13
315315 of the committees’ work; 14
316316 (6) work with the committees and Commission staff to identify potential 15
317317 educational programs related to historic and ongoing institutional, structural, 16
318318 and systemic discrimination against members of the populations and 17
319319 communities that are the subject of the committees’ work; 18
320320 (7) work in consultation with the populations and communities 19
321321 identified pursuant to subdivision 902(b)(1) of this chapter, experts in 20
322322 restorative justice, and, in the commissioners’ discretion, other interested 21 BILL AS INTRODUCED H.362
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327327 parties to ensure that the work of the Commission is open, transparent, 1
328328 inclusive, and meaningful; and 2
329329 (8) adopt global best practices by aligning the work of the Commission 3
330330 and the committees with the principles outlined in the United Nations 4
331331 Declaration on the Rights of Indigenous Peoples; 5
332332 (9) include restorative justice to repair the harm caused to affected 6
333333 communities and accountability for past errors by the Commission; and 7
334334 (10) supervise the work of the Executive Director of the Commission. 8
335335 * * * 9
336336 Sec. 8. 1 V.S.A. § 908 is amended to read: 10
337337 § 908. REPORTS 11
338338 * * * 12
339339 (c) The Commission shall submit to the General Assembly a quarterly 13
340340 report on progress, challenges, and expenditures. 14
341341 (d) The Commission may, in its discretion, issue additional reports to the 15
342342 Governor, General Assembly, and public. 16
343343 Sec. 9. 1 V.S.A. § 911 is amended to read: 17
344344 § 911. DELIBERATIVE DISCUSSIONS; EXCEPTION TO OPEN 18
345345 MEETING LAW 19
346346 (a) Notwithstanding any provision of chapter 5, subchapter 2 of this title, 20
347347 the deliberations of a quorum or more of the members of the Commission shall 21 BILL AS INTRODUCED H.362
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352352 not be subject to the Vermont Open Meeting Law The Commission is subject 1
353353 to the provisions of the Vermont Open Meeting Law in chapter 5, subchapter 2 2
354354 of this title, except as provided in subsection 909(d) (private proceedings) and 3
355355 section 912 (group sessions) of this chapter. 4
356356 (b) The Commission shall regularly post to the Commission’s website a 5
357357 short summary of all deliberative meetings held by the commissioners pursuant 6
358358 to this subsection The Commission shall open its meetings to the public and 7
359359 publish agendas, meeting minutes, and records of its decisions in accordance 8
360360 with the Vermont Open Meeting Law. 9
361361 (c)(1) As used in this section, “deliberations” means weighing, examining, 10
362362 and discussing information gathered by the Commission and the reasons for 11
363363 and against an act or decision. 12
364364 (2) “Deliberations” expressly excludes: 13
365365 (A) taking evidence, except as otherwise provided pursuant to section 14
366366 909 of this chapter; 15
367367 (B) hearing arguments for or against an act or decision of the 16
368368 Commission; 17
369369 (C) taking public comment; and 18
370370 (D) making any decision related to an act or the official duties of the 19
371371 Commission The Commission shall be subject to the penalty and enforcement 20
372372 provisions of the Vermont Open Meeting Law for any violations of the law. 21 BILL AS INTRODUCED H.362
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377377 Sec. 10. 1 V.S.A. § 913 is added to read: 1
378378 § 913. AUDIT; SCOPE; REPORT 2
379379 (a) Scope. The State Auditor shall evaluate the operation and effectiveness 3
380380 of the Commission including: 4
381381 (1) the Commission’s compliance with the Vermont Open Meeting Law 5
382382 and transparency standards; 6
383383 (2) the integrity of the Commission’s past decisions, including potential 7
384384 biases and exclusion of key voices; 8
385385 (3) the effectiveness of the Commission’s recommendations in 9
386386 achieving reconciliation goals; and 10
387387 (4) any recommendations with respect to the scheduled repeal of the 11
388388 Commission. 12
389389 (b) Report. The Auditor shall submit a written report of the results of the 13
390390 audit to the House Committee on General and Housing and the Senate 14
391391 Committee on Economic Development, Housing and General Affairs on or 15
392392 before December 15, 2026. 16 BILL AS INTRODUCED H.362
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397397 Sec. 11. 1 V.S.A. § 914 is added to read: 1
398398 § 914. LEGISLATIVE OVERSIGHT COMMITTEE 2
399399 (a) Creation. There is created the legislative Truth and Reconciliation 3
400400 Commission Oversight Committee. 4
401401 (b) Membership. The Committee shall be composed of the following 5
402402 members: 6
403403 (1) three members of the House of Representatives, not all from the 7
404404 same political party, appointed by the Speaker of the House; and 8
405405 (2) three members of the Senate, not all from the same political party, 9
406406 appointed by the Committee on Committees. 10
407407 (c) Chair. The Committee shall elect a chair and a vice chair from among 11
408408 its members, one from each chamber, at the first meeting of each biennium. 12
409409 (d) Meetings. The Committee shall meet at the call of the Chair a 13
410410 minimum of three times when the General Assembly is in session and a 14
411411 minimum of two times and a maximum of four times when the General 15
412412 Assembly is not in session. 16
413413 (e) Quorum. A majority of the membership of the Committee shall 17
414414 constitute a quorum. 18
415415 (f) Records. The Committee shall keep minutes of and record its meetings. 19
416416 (g) Powers and duties. The Committee shall: 20 BILL AS INTRODUCED H.362
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421421 (1) monitor the Commission’s compliance with transparency, public 1
422422 access, and ethical standards; 2
423423 (2) ensure reporting requirements are timely met; 3
424424 (3) review complaints and concerns raised about the Commission’s 4
425425 decisions and decision-making process; 5
426426 (4) oversee the audit pursuant to section 913 of this chapter; 6
427427 (5) recommend legislative changes if systemic issues emerge; and 7
428428 (6) prepare for the prospective repeal of the Commission by ensuring an 8
429429 appropriate transition of the Commission’s responsibilities. 9
430430 (h) Assistance. The Committee shall have the assistance of the staff of the 10
431431 Office of Legislative Counsel and of the Joint Fiscal Office. 11
432432 (i) Reimbursement. For attendance at a meeting when the General 12
433433 Assembly is not in session, members of the Committee shall be entitled to per 13
434434 diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 14
435435 for not more than four meetings. 15
436436 Sec. 12. EFFECTIVE DATE 16
437437 This act shall take effect on passage. 17