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WEDNESDAY, AUGUST 8, 2001

More than a year after it first proposed regulations on blood quantum, the Bureau of Indian Affairs is re-opening debate on the controversial issue.

To begin discussion on the rules, the BIA will be consulting with tribes and interested parties today in Oklahoma. The meeting, which occurs in Norman, is the first of several which will take place nationwide, said spokesperson Nedra Darling.

At issue are Certificates of Degree of Indian or Alaska Native Blood, more commonly known as CDIBs. Used to determine qualification for federal services such as health care and education, the BIA issues them to American Indians and Alaska Natives throughout the country.

Up until now, however, the BIA says it never had a uniform process for agencies and offices to follow. The regulations will finally establish a nationwide standard for issuing, changing or invalidating CDIBs, say officials.

But a number of tribal leaders and Indians have complained about the proposal. First offered in April 2000, the BIA held three public meetings on the rules last year.

In response to requests made by tribes and others, the BIA has delayed finalizing the rules several times. In June, acting Assistant Secretary Jim McDivitt extended the public comment period to the end of this year.

That leaves new Assistant Secretary Neal McCaleb with the task of making a decision on the rules. Unless the comment period is extended again, he will take action in the first few months of next year.

There have been a number of questions about the rules. While a CDIB does not establish membership in a federally-recognized tribe, critics say the new rules could end up disenrolling tribal members.

Some tribes, particularly those in California, rely on the BIA to handle enrollment. Other tribes require a CDIB to become enrolled.

Under the rules, obtaining a CDIB is a complex process. Anyone who wants one must prove he or she is descended from a member of a federally-recognized tribe.

That normally means providing a birth certificate to show a relationship between an enrolled parent. But if a parent is not enrolled, death certificates to prove a relationship to an enrolled grandparent is required.

Consequently, critics say members of tribes that were terminated will be shut out of programs for which they may be eligible. While many benefits are extended to members of federally recognized tribes, they are also open to anyone who can show they have a certain degree of blood, typically one-fourth or one-half, regardless of tribal enrollment.

The new regulations state that blood degree will be calculated only from members of federally-recognized tribes.

Comments on the rules are being accepted until December 31.

Get the Proposed Regulations:
Certificate of Degree of Indian or Alaska Native Blood

Relevant Links:
Bureau of Indian Affairs - http://www.doi.gov/bureau-indian-affairs.html

RealAudio from Native America Calling:
The New BIA Regulations on Blood Quantum (July 20, 2000)

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