Enrollment Update News February 2012 Proposed Changes in the Tribal Enrollment Ordinance

[email protected] Enrollment Update News February 2012 Proposed Changes in the Tribal Enrollment Ordinance In October 2011, the Bishop Tribal Council held the 1st of a series of Pub- lic Hearings regarding proposed changes in the enrollment ordinance. The proposed changes would be to amend the ordinance to add new criteria such as: blood quantum, a residency clause, and having a continual generational enrollment of descendents. Question: How did we arrive at Each meeting scheduled has discussed a “proposing” a blood quantum different topic. The most recent meeting on Janu- or enrollment changes? ary 25, 2012, the Bishop Tribal Council had invited On December 17, 2009 a tribal ENROLLMENT survey was taken asking if COMMITTEE representatives from the Bureau of Indian Affairs Tribal members would like to in Sacramento, California to give a presentation include a blood quantum in the LAURINE NAPOLES and answer any questions regarding blood quantum and when it is used or if it is still used. The current Tribal Enrollment Ordi- RUTH CHAVEZ nance. (134 people responded) meeting with the Bureau of Indian Affairs was in- PATTY MANRIQUEZ This lead to proposed changes formative for both the Enrollment Committee and and public hearings. GERALD HOWARD the community. ROBIN HOWARD The importance of these Public Hearings is for the community to become informed and be involved in the decision making process. Hopefully, the Enrollment Committee and Department can answer some ENROLLMENT DEPARTMENT of the misconceptions that have been mentioned during the Public Hearings. (i.e., GERTRUDE BROWN, We have members coming out of the “wood works”. And if we create limitations, ENROLLMENT SPECIALIS T then people will be dis-enrolled and that would mean Question: What are the reasons for trying to more money for tribal members.) The topics being discussed may or may not make it to the ballot to vote on. Inside this issue: implement restrictive criteria to the enroll- But, it is important for the community to make well in- ment ordinance? formed decisions knowing the effect it will have on fu- Changing Lineal Descent 2 Community members have ture generations. expressed concern for the The Tribal Council has stated that new criteria Statistics 3 growing number of tribal will only effect new incoming members, not currently en- Residency 4-5 members, the concern of rolled members. The Enrollment Department will not be Tribal Member Concerns the thought of not enough dis-enrolling current tribal members if new criteria is ap- land, and the notion of proved and implemented. Blood Quantum 6-7 “more" money. In the end, the tribal members define who we are Documents as a tribe. The basic question to ask ourselves is “Why are we creating limitations?” Is it for money? Is it for land? Is it for resources? Are we look- Reservation vs. Off- 8 Reservation Benefits ing towards tribal extinction or cultural extinction? Or are we creating a path towards cultural and/or tribal continuance for generations to come? Graph: Adult Tribal Mem- 9 bers by State THEN…1996 Base Roll Members: 716 Blood Quantum : A Relic 10- of Racism and Termina- 11 NOW… (12/2011): Adult members: 1,244 & Minor members: 520 tion Article, Jack D. Forbes TOTAL: 1,764 Calendar of Meetings 12 PAGE 2 ENROLLMENT UPDATE NEWS FEBRUARY 2012 Moving from Lineal Descent to Continual Generational Enrollment Lineal Descent (Current) Direct Descent (Proposed) Definition of Lineal Decent: Definition of Direct Lineal Decent: The direct issue of an ancestor (namely the Direct issue of an ancestor which does not child, grandchild, etc.) Collateral relatives include collateral relatives. BUT there can such as aunts, uncles, brothers, sister, et., be no break in enrollment for all genera- are not considered lineal descendants. tions. At this time, the Bishop Tribe has a lineal de- Moving to direct descedancy would mean that scendancy policy which means that applicants each generation would have to be an enrolled must trace their descendancy back to a base roll member of the Bishop Paiute Tribe to be eligible member, but each prior generation doesn’t have for membership. to be an enrolled member of the Bishop Tribe. This system has been working for the Bishop Example: If a grandchild to a base roll member Paiute Tribe. was to apply for membership to the Bishop Pai- ute Tribe then the following would have to be Example: The applicants can be great-great set in place for that child to enroll: grandchildren but the parents and grandpar- ents didn’t have to be enrolled in the tribe for (1). the grandmother/father was a base roll those children to be eligible for membership. As member - Enrolled in Bishop Paiute Tribe long as those children can show proof of lineal (2). the daughter and/or son (mother or father descendancy to a base roll member, they would of the potential member) - Enrolled in Bishop be eligible. Paiute Tribe This shows a continual generational enrollment of members with the Bishop Paiute Tribe with no disconnect. EXAMPLE OF CONTINUAL GENERATIONAL ENROLLMENT ELIGIBILITY FEBRUARY 2012 ENROLLMENT UPDATE NEWS PAGE 3 STATISTICS A concern that has been voiced from the past meetings has been the INCREASE in the tribal enrollment. When the “OFFICIAL” enrollment in the tribe began, we started with a base roll membership of 716 adults. According to the base roll criteria, there were many different areas that families could trace back to for descendancy. If the intentions were to include “everyone” then that opened the doors for enrollment of their families for generations to come. As stated by the BIA representatives, the base roll is permanent and can not be changed. According to the Bishop Paiute Enrollment Ordinance… Article II. TRIBAL MEMBERSHIP Section 1. Base Roll A. Owens Valley Indians of Paiute descent living in the Bishop areas: Round Valley, Laws, Red hill, West and East Bishop, Jenkins Ranch, and Sunland Reservation, who signed in favor of the 1928 Land Exchange Agreement, with the exception of those who now hold land as recognized or enrolled members of another federally recognized tribe or Rancheria B. Persons of Owens Valley descent who are listed as family members on an original assignment, on the Bishop Reservation granted on or before 1941, with exception of those who now hold land as recognized or enrolled members of another federally recognized tribe or Rancheria. C. Person(s) who possess or ever possessed a valid assignment on the Bishop Reservation on or be fore the effective date of this Ordinance, with the exception of those who now hold land as recognized or enrolled members of another federally recognized tribe or Rancheria. The information provided is based on the Bishop Multi-Activity Contract Annual Report for the years ending 2005, 2006, 2007, 2008, 2009, 2010; the 1996 approved Bishop Tribal Base Roll, and the 2011 December per capita distribu- tion. PAGE 4 ENROLLMENT UPDATE NEWS FEBRUARY 2012 RESIDENCY CRITERIA Our current system EXAMPLE: Shoshone-Paiute Tribes of the Ducky Valley Reservation Currently, there is no residency requirement in the enrollment ARTICLE II. MEMBERSHIP process. Meaning, that the appli- Section1. The membership of the Shoshone-Paiute Tribes shall consist as fol- cant does not need to have ever lows: resided on the reservation too be considered for membership. (a) All persons of Indian blood lawfully enrolled upon the Duck Valley Reserva- tion whose names appeared on the official census roll as of January 1, 1935, provided that such roll may be corrected within 6-months after ap- Proposed Change proval of this constitution and bylaws by the Shoshone business council with the approval of the Secretary of the Interior. It has been proposed that a residency requirement be added to the (b) All children born to any member of the Shoshone-Paiute Tribes who is a enrollment process. Meaning, that resident of the reservation at the time of the birth of said children. for an applicant to be considered for membership, they must show EXAMPLE: Tule River Tribal Council that they have resided within the defined, approved area for a certain “Resident” means a member of the Tribe who maintains amount of time. a physical domicile on the Reservation. For purpose of establishing membership a member shall be considered EXAMPLE: Tule River Tribal Council to be a resident of the Reservation at the time of his or Residency Exemptions her child’s birth if the member has had a physical domicile on the reservation for (12) month immediately pre- (a) Any member serving in the Armed Forces of the United ceding the birth of said child. States who is stationed outside the Reservation Membership into the tribe consists of: (b) Any member employed with the United States Govern- ment, who resides outside the Reservation Any person who: (1) is a Direct Descendant of a Tule River Tribal Mem- (c) Any member attending an educational institution located ber; and outside the Reservation (2) has resided on the Reservation for five consecutive (d) Any member employed in seasonal work outside the Res- years from the date of their application and upon ervation. proof of physical domicile in an approved resident (e) Any member residing in a convalescent home, nursing of the Reservation at the time of birth. facility, group home, public jail, criminal detention facil- (3) The following members shall not be deemed to ity, or mental health institution located outside the Res- have lost their status as resident of the Reserva- ervation. tion for as long as the specified service, employ- (f) Any member in foster care outside the Reservation ment, attendance, confinement, commitment, or residency continues, if the member subsequently (g) Any member residing in a domestic violence shelter or returns to the Reservation within 2 months, or rehabilitation center located outside the Reservation within a reasonable period of time as demonstrated by the circumstances affecting the member’s return (h) Any member residing outside the Reservation for the pri- to the Reservation.

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