Indian by identity: a look inside tribal enrollment

By Alyssa Kelly

PABLO — "Enrollment is just a tracking number for individual members of a tribe. It keeps the tribes on a federally recognized level," says CS&KT enrollment specialist Lawrence Kenmille. "But it doesn't mean you are or you aren't an Indian by identity."

In 2001 to 2002, controversy circled the enrollment policies of the Flathead Reservation. Headline titles ranging from "Divided by Blood," or "A Battle Over Who is Indian," were used to describe the issue.

"The bottom line factor that needed to be taken into consideration is preservation of the tribes for future generations on several levels. From the standards set by the U.S Government to the cultural standards set by our own people," says Kenmille.

In order to be considered an (government recognized) enrolled member of the Confederated Salish and Kootenai Tribes, one must belong to the Salish, Kootenai, and/or Pend d'Orielle Tribes by a minimum of 1/4 blood quantum. Blood quantum is determined by the individual's ancestry. This policy has been in effect since 1953. "It's really a shame that Indians need to prove their ethnicity through blood quantum but that's the reality for a diminishing nation," says Kenmille.

Controversy erupted when families made up of both enrolled tribal members and descendents, known as "split families," created a proposal, which asked for lenience on the Tribe's enrollment policy for descendent family members. "Lineal descendency refers to an individual that is a descendent of the tribes, fourth or fifth generation," says Kenmille. The proposal was brought before Tribal Council, who in turn denied their terms.

"Split families began on the reservation in the 1960's," says Kenmille. "There would be some family members born on the reservation who were less than 1/4 blood quantum and they would be considered enrolled because they were born on the reservation. Then there would be some family members who were more than 1/4 blood quantum but because they were born off the reservation, they wouldn't be eligible for enrollment."

Following their first defeat, the split families created a petition and had various individuals of the membership sign in support of their cause. "By the order of process, since the split families had a petition against Tribal Council's denial, it caused a need for input by registered voters," says Kenmille. "The Bureau of Indian Affairs needed to validate the signatures (on the petition) and approve the draft created on the lineal descendancy."

Faced with the opposition, the tribes hired an anthropologist from the University of Colorado named Deward E. Walker, Jr. Ph.D., and associates from the Walker Research Group to create a population projection. During the estimated six-month research in 2002, Walker considered enrollment effects on the tribes using "Three Enrollment Scenarios." The scenarios went as follows:

A. Changing enrollment criteria to lineal descendancy at the effective date of the change, five years, ten years, and twenty years, subsequent to the effective date of the change

B. Changing enrollment criteria to include blood of other Tribes for currently enrolled Tribal members, thereby affecting their descendants' blood quantum

C. The effects of status quo: no change to enrollment criteria

Through Walker's thorough research, the tribes were given a better understanding of possible outcomes on each enrollment scenario. The end result of each scenario went as follows:

1. Scenario A will result in a major increase in the size of the population eligible for CSKT enrollment with continuous growth for future years.

2. Scenario B will result in a temporary surge of additional members eligible for CSKT enrollment that will level off within a decade or two followed by a continuing decline in the total population eligible for enrollment.

3.

Scenario C will result in a continuing decline in the population eligible for enrollment that may have already begun.

The lineal descendancy proposal faced a second process of decision when the CS&KT membership was given the opportunity to voice their opinion through voting.

"The referendum voted unanimously against the terms proposed in the document," says Kenmille. "The reason for the defeat was the authors of the document changed the original terms that were included in their petition. Rather than asking that the tribes include split families, the document asked that the tribes include all descendents. The term 'descendent' was too broad for the membership. An individual can be one in one millionth blood quantum and still be considered a descendent of a tribe."

Following the final defeat of the lineal descendancy proposal, it was found in the Tribe's best interest to propose the addition of other Indian blood count to the CSKT blood quantum. Some factors that contributed to the new proposal were the data provided in Walker's research, the interest of the membership, and the historical count of CSKT blood quantum.

Tribal Council appointed three Tribal elders to make up a committee that would distinguish the technicalities of the new proposal. The elders on the committee include Bitterroot Salish elder Louie Adams, Pend d'Orielle elder Patrick Pierre, and Kootenai elder Matt Michel. In the decision making process, the elders are assisted by legal advisor Pat Smith. Smith is a lawyer who has experience in Tribal law.

With time, the majority of Tribal families residing on the Flathead reservation intertwined to the point of nearly all members having some form of relation. "Now, there are a lot of intertribal (made up of members from various tribes) marriages and children because we're all related," Kenmille says. "The children in these intertribal families could be full blood Native American and have lived on the reservation their whole lives. But because they're part from other tribes they lose the opportunity for membership."

In the first official blood quantum statistics written by federal "Indian agents," for the Confederated Salish and Kootenai Tribes in 1905, blood from all tribes were counted in determining enrollment.

"As you can see here," Kenmille says pointing to the page in the ledger book. "Aside from being Salish, Kootenai, and Pend d'Orielle, there are eleven other tribes listed for these enrolled members on this page alone. Upper Pend d'Orielle, Spokane, Chinook, Blackfeet, and the list goes on. Back then, intertribal families and marriages were very common. So it is possible for a portion of current members to be part (by blood) from other tribes. The elders felt that since it worked in the past, it could work again in preserving the tribes."

Major priorities that needed to be taken into consideration whether the Tribes chose for its future lineal descendancy or including other Indian blood in the CSKT blood quantum were preservation of the culture and tribal resources.

Using Walker's research as a resource, Kenmille explained the strain on Tribal resources by the possible membership population able to utilize those resources. "Including other blood count, the effects on culture and tribal resources won't be as severe," says Kenmille. "The increase in members able to utilize Tribal resources won't jeopardize the preservation. As the studies had shown, there will be a slight population increase, but it will go down and stabilize. Including descendents, there will be a never-ending increase in membership able to utilize Tribal resources. Preservation will be out of the question and eventually the tribal resources will diminish."

Being as the Native American nation is technically a nation separate from the U.S., there is an alternative method that could be used to determine tribal enrollment. That method is known as "Naturalize citizenship." Naturalize citizenship is a form of citizenship that is based on factors separate from blood quantum. The World English Dictionary defines Naturalize citizenship as: "Granting citizenship to somebody of foreign birth, or to acquire citizenship in an adopted country."

"Language, culture, heritage, and religion are four requirements on incremental basis," says Kenmille. "We could set Tribal enrollment standards where a person is required to understand and live by those requirements in order to be a member. Blood quantum wouldn't be an issue because everything the tribe stands for (four requirements) will be preserved. The idea for using Naturalization was brought up by (former enrollment specialist) Pat Lefhand in the 80's. He came up with the idea to get away from the blood quantum standards all together."

Kenmille hopes to see the enrollment standards of CSKT reach the level of Naturalization citizenship: "In order to make (Naturalization) possible, there would be certain steps and guidelines that would need to be followed. On way to determine who is eligible for membership could be a test given by the Culture Committees. Members could be required to know so much of the language at a certain age and then required to be fluent speakers as they got older."

With the sensitive standards set by Naturalize citizenship, a certain level of responsibility would be put on cultural leaders and teacher s of the Tribes to make the information accessible to those pursuing membership. "There isn't as man (cultural leaders) for the Tribes as there was say, 20 years ago. But I think we still have enough individuals capable of meeting the demands," says Kenmille.

Aside from demolishing the standards set by the U.S. Government for blood quantum, Kenmille says there are other important reasons for pursuing Naturalize Citizenship standards for enrollment: "The Culture Committees have been working to make the written language accessible to the membership so that it isn't lost, but it's up to the individual to utilize it," Kenmille offers as an example. "A lot of times, enrolled members aren't even showing interest in it."

Looking at the drawn-out process for the enrollment standards at hand, there has been a lot of interest by the membership in understanding where the Tribes are in pursuing the count of other Indian blood.

According to Kenmille, the elders appointed in the committee are still working out the technicalities. "The wording of the draft is very important and we understand that there is no room for error. Everything needs to be precise under the Indian Rights Act," says Kenmille.

When the draft is complete and approved by council, a secretary election will be held. From there, the Bureau of Indian Affairs will look over the draft to ensure that it is constitutional. An ordinance will adopt the decision and it will become an amendment to the Tribal constitution.