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Blood quantum laws or Indian blood laws are laws that define Native Americans in the United States status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups .
Blood quantum is traced from the ancestor listed on the 1924 Baker Roll. A person with a blood quantum of less than 1/16th is an Eastern Band Cherokee descendant, but not a tribal citizen. The Eastern Band Cherokee nation does not allow DNA testing to be used to determine tribal citizenship, unless the test is to determine parentage.
Tribal constitutions outline criteria for citizenship which can include minimum blood quantum requirements, residency, lineal descendant, or other criteria. [11] Many tribes who formed governments under the Indian Reorganization Act of 1934 have minimum blood quantum requirements. [11]
The system was further codified by the federal government in acts such as the 1887 Dawes Act and the 1934 Indian Reorganization Act. [7] [10] Blood quantum levels for Native Americans can be recorded by the Bureau of Indian Affairs, who issue Certificates of Degree of Indian Blood to individuals that are used in tribal recognition. [7] [10]
A Certificate of Degree of Indian Blood or Certificate of Degree of Alaska Native Blood (both abbreviated CDIB) is an official U.S. document that certifies an individual possesses a specific fraction of Native American ancestry of a federally recognized Indian tribe, band, nation, pueblo, village, or community. [1]
Download as PDF; Printable version; ... Outline of United States federal Indian law and policy; ... Blood quantum laws; C. Cal NAGPRA;
The Dawes Rolls, though recognized as flawed, are still essential to the citizenship process of the Nations that include them in their laws. [5] [6] The federal government uses them in determining blood-quantum status of individuals for Certificate of Degree of Indian Blood. [5]
Some tribes have a blood quantum requirement for citizenship. Others use other methods, such as lineal descent.While almost two-thirds of all federally recognized Indian tribes in the United States require a certain blood quantum for citizenship, [15] tribal nations are sovereign nations, with a government to government relationship with the United States, and set their own enrollment criteria.