"Conflict between draft as proposed and the Attorney General's office," stated Senator Vince Illuzzi, as being the reason for delaying a Senate committee's vote on S.222, An act relating to recognition of Abenaki tribes.
Since the passing of S117, the Vermont Commission on Native American Affairs has lacked the established authority to "permit the creation, display, and sale of Native American arts and crafts and legally to label them as Indian- or Native American-produced as provided in 18 U.S.C. § 1159(c)(3)(B)
On January 25, 2007, Mr. Bill Griffin, Asst Attorney General, testified that "the newly appointed VCNAA did not have authority to designate Native American status to Vermont tribes/bands under the Vermont Bill S117, passed into law in 2006."
The Indian Arts and Craft Board clarified in early 2008 the necessary requirements to protect an Indian under the Act.
"If someone is NOT an enrolled member of a state recognized tribe in the sense that the tribe has been recognized and is a tribe and individuals can be members of the tribe, they are NOT able to sell their art as Indian for the purposes of the Act."
This placed the VT Commission on Native American Affairs in an untenable situation from the onset, in that the VCNAA has established powers which are illusory.
How could the State of Vermont establish a Commission with established authority yet at the same time fail to recognize the Native Americans?
The Senate Committee on Economic Development, Housing and General Affairs hopes to take the bill up again "during the week of March 9," stated Senator Illuzzi.
So here we are, 2010 and no further along.
