Latest / Best of: Features / Crow Legislature rejects bill to expand enrollment
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- 0:05Crow legislature rejects bill to expand enrollment. Written by Nora Mabi Montana
- 0:11Free Press. This article is being read by an automated voice generated
- 0:15by Everlet. After nearly two hours of impassioned debate, the Crow
- 0:21Tribe's legislature on Wednesday voted down a bill that would dramatically change
- 0:25the definition of tribal membership. The bill, brought by Chairman Frank White
- 0:30Clay, would have revised the tribe's blood quantum standard, effectively making more
- 0:35people eligible for tribal citizenship. Blood quantum, a concept created by white
- 0:40settlers and rooted in assimilation tactics, refers to the fractional amount of
- 0:44tribal affiliation in an individual's ancestry. The concept is central to individual
- 0:49identity and is also highly controversial. Most tribes nationwide use a blood
- 0:55quantum calculation to determine eligibility for citizenship. Tribal enrollment in turn determines
- 1:01eligibility for certain health services, the ability to vote in tribal elections,
- 1:05and whether a person can qualify for educational scholarships, among other rights
- 1:09and privileges. Tribal enrollment numbers can also influence federal funding for tribal
- 1:14programs. With each new generation it becomes harder for any tribe using
- 1:19blood quantum to maintain its membership as tribal members marry non natives
- 1:24or people from other tribes. The limitations of blood quantum as a
- 1:27qualifying standard for tribal membership, a California Law Review article contends, threaten
- 1:33to jeopardize the existence of native nations, as you cannot have a
- 1:37nation without citizens. While most tribes in Montana use blood quantum to
- 1:42determine citizenship, the Chippewa Cree and Northern Cheyenne tribes use a lineal
- 1:46descendancy model, in which membership is determined by a person's ancestry. The
- 1:51Blackfeet and Fort Belknap Ani E and Nakota tribes have also initiated
- 1:56community discussions about potentially changing enrollment requirements. According to the Crow Tribe's
- 2:02current enrollment policy, an individual must possess one quarter Crow Indian blood
- 2:07to enroll as a member of the tribe. The proposed legislation would
- 2:10revise that policy, so that all living current members would be considered
- 2:14to have one hundred percent Crow blood. That would change the lives
- 2:19and membership status not just of more than fourteen thousand enrolled Crow
- 2:23tribal members, but thousands of descendants who would become more likely to
- 2:27qualify for tribal membership in the services that come with it. The
- 2:32Beal. The Crow tribal Legislative Branch, one of three branches of tribal
- 2:37government, comprises eighteen senators. Sitting at a table surrounded by members of
- 2:42the tribal legislature on Wednesday afternoon, Chairman Frank White Clay and Tribal
- 2:47Attorney Majel Russell made their pitch for the bill. Blood Quantum, the
- 2:52said, became central to federal policy in the late nineteenth century. From
- 2:56eighteen eighty seven to nineteen thirty four, the federal government divided tribal
- 3:01land into allotments for distribution to individual tribal members, using blood quantum
- 3:06to determine eligibility, with the goal of assimilating Native Americans into white
- 3:11society through private property ownership. In assigning blood quantum values to individuals,
- 3:17federal agents made significant errors, said Russell. She called the practice arbitrary,
- 3:22citing instances where children of the same parents were assigned different blood
- 3:26quantum values. Russell presented the
- 3:29Legislature. As They most viable option to address the issue in a
- 3:33timely manner. Other reforms, she said, would require a constitutional referendum, a
- 3:37more burdensome political process. The tribe has faced declining enrollment since twenty
- 3:44twenty three, the chairman and tribal attorney argued. Without a blood quantum
- 3:48revision in the coming decades, they said the tribe could eventually cease
- 3:52to exist as a political entity. White Clay said the legislation could
- 3:56benefit young people whose parents are enrolled but who are not enrolled
- 4:00themselves. Everything about them is crow, he told the legislature. They live
- 4:05here, they work here, their culture is here. But just by a
- 4:08little bit, they're not crow. When we hold on to Blood Quantum,
- 4:11our tribe’s has an expiration date. The discussion. While some senators opposed
- 4:18the idea of revising blood quantum at all, others said the
- 4:21legislation didn't go far enough and offered only a temporary fix. Senator
- 4:26Darwin Spotted Sr. Voiced a popular counter argument that more liberal enrollment
- 4:31requirements could result in more people vying for fewer resources in a
- 4:34federal system where resources are already scarce. Right now we're fighting for
- 4:40one big pot, all of us Native Americans in the US, he
- 4:43said.
- 4:44While the chairman and tribal attorney argued that federal funding is often
- 4:48calculated based on a tribe's population, resulting in more resources based on
- 4:52higher membership, Spotted said he was skeptical and added that the Trump
- 4:56administration is particularly unpredictable. Senator Dean Don't Mick said that while he
- 5:02appreciated how the legislation would benefit the tribe, he worried that broader
- 5:06membership could make it more difficult in the future to revise the
- 5:09tribe's constitution, which requires support from a significant portion of the tribe's
- 5:14citizens. He also expressed concern that the legislation was passing the buck
- 5:19to future generations to contend with the issue. I want to go
- 5:23back to the drawing board, he said. Senator Jason Kill's Pretty Enemy
- 5:28took issue with the alleged errors in enrollment information as described by
- 5:32Russell, arguing that before the tribe considers legislation to revise blood quantum,
- 5:37it should correct any inaccuracies in existing membership roles. What are you
- 5:42guys going to do about those that were illegally enrolled? He said.
- 5:46Senator Velma Pickett spoke in support of adopting a lineal descent policy,
- 5:51the type of membership determined by a person's ancestry. This isn't the
- 5:55only option, she said, of the proposed legislation. This isn't a step
- 5:59away from blood quantum. It only extends the expiration date. Since, Leslie
- 6:04Cabote, Josie Passes, and Glenn Plentyhawk were among the legislation's most vocal
- 6:09supporters. Cabody criticized lawmakers opposing arguments as being rooted in fear. Supporting
- 6:15the blood quantum revision, she said, exercised the tribe's sovereignty and helped
- 6:19ensure the tribe's future. Blood quantum is not a legitimate deciding factor
- 6:24of whether Absaluke people walk the face of this earth or not,
- 6:27she said, Our decision is to decide that as long as the
- 6:31grass grows, the rivers flow, there shall be recognized, enrolled members of
- 6:35the Absoluke nation that America and everybody else will have to deal
- 6:39with. We need to assure that. Passes similarly characterized opposing arguments as
- 6:45fear based and urged the legislature to consider the community's children. We
- 6:50have several little Indian kids running around this reservation who are enrolled
- 6:54in other tribes, who live here, who are crow, who dance traditional,
- 6:58who speak the language, who sing, she said. That's their identity, but
- 7:02on paper they’re not enough. They are one tick mark away, two
- 7:05tick marks away. We're telling them that they are not crow, and
- 7:09we are not considering them. The legislation, she said, sends a message
- 7:13to young people that you matter, you're crow. I see you and
- 7:16you count. What's next? After almost two hours of debate, the legislature
- 7:23voted the bill down on a ten seven vote. Several lawmakers said
- 7:27that while the bill is dead, the debate about blood quantum isn't
- 7:30over. The chairman could bring another piece of legislation for the body
- 7:34to consider or issue an executive order revising blood quantum. The tribe
- 7:39can also change its membership requirements via constitutional referendum. Standing in the
- 7:45chamber after the vote, Chairman White Clay echoed the sentiment that some
- 7:49Senators voted out of fear. I just believe that they're scared of
- 7:53change, he said. They fear these new things. Maybe the next generation
- 7:57won't. This story was originally published by Montana Free Press and distributed
- 8:02through a partnership with the Associated Press.