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56-532: The Delaware Nation was also known as the Delaware Tribe of Western Oklahoma and was sometimes called the Absentee or Western Delaware. Delaware Nation had 2,255 enrolled citizens in the 2024 fiscal year. As of March 16, 2019, Delaware Nation membership was changed from minimum blood quantum of 1/8 blood to Lineal Descendancy by vote during a Secretarial Election. The Delaware Nation's tribal complex

112-504: A basis for tribal enrollment in most cases. Federally recognized tribes are "unique governmental entities and are not extensions of State or local governments." Some tribes, such as the United Houma Nation , do not have federal recognition, but are recognized at the state level using procedures defined by various states, without regard to federal recognition. Other organizations self-identify as Native American tribes for

168-469: A certain percentage of Native American ancestry and demonstrated residence with a tribe or commitment to the community. Few tribes allow members to claim ancestry in more than one tribe. The Little Traverse Bay Bands of Odawa Indians accept persons of 1/4 Native American ancestry plus documented descent from an ancestor listed in specific records. In part, this recognizes that the Odawa people historically had

224-528: A child is related to particular parents. Many researchers have published articles that caution that genetic ancestry DNA testing has limitations and should not be depended on by individuals to answer all their questions about heritage. Many African Americans believe they have some Native American ancestry. But, in the PBS series led by historian Henry Louis Gates Jr. , called African American Lives , geneticists said DNA evidence shows that Native American ancestry

280-504: A minimum degree of blood relationship and often an ancestor listed in a specific tribal census from the late 19th century or early 20th century. The Eastern Band of Cherokee Indians of North Carolina , for example, require an ancestor listed in the 1924 Baker census and a minimum of 1/16 Cherokee blood inherited from their ancestor(s) on that roll. Meanwhile, the Cherokee Nation requires applicants to descend from an ancestor in

336-486: A person who has one parent who is a full-blood Native American and one who has no Native ancestry has a BQ of 1/2. Nations that use blood quantum often do so in combination with other criteria. There are different BQ that are required for enrollment in different tribes. For example, to be eligible for enrollment, the Omaha Tribe of Nebraska requires a BQ of 1/4 Native American and descent from a registered ancestor, while

392-620: A specified blood quantum and lineal descent from an individual on a designated tribal roll. The U.S Territory of American Samoa restricts the alienation of non-freehold land to any person who has less than one-half native blood. "'Native' means a full-blooded Samoan person of Tutuila, Manu’a, Aunu’u, or Swains Island." In Australia , the racial laws inflicted on the Stolen Generations have been compared to blood quantum laws, as mixed-race Indigenous Australian children were removed from their families to biologically absorb them into

448-541: A territory on both sides of what is now the border between the US and Canada. Each federally recognized tribe has established its own criteria for membership. Given the new revenues that many tribes are realizing from gambling casinos and other economic development, or from settlement of 19th-century land claims , some have established more restrictive rules to limit membership. Between 1904 and 1919, tribal members of mixed African and Native American ancestry were disenrolled from

504-454: A variety of reasons; they may be a scattered tribe who no longer exist as an organized nation, or they have not completed the certification process established by the government entities in question, they may have lost their recognition through termination , or they may be a group of non-Native individuals seeking recognition as a tribe for other reasons. Some federally recognized tribes are confederacies of more than one tribe. Historically,

560-474: Is a legal term in United States law with a specific meaning. A Native American tribe recognized by the United States government possesses tribal sovereignty , a "domestic dependent, sovereign nation" status with the U.S. federal government that is similar to that of a state in some situations, and that of a nation in others, holding a government-to-government relationship with the federal government of

616-510: Is conducted every 10 years and is used to get a population count. The National Research Council noted in 1996, "The U.S. census decennial enumerations indicate a Native American population growth for the United States that has been nearly continuous since 1900 (except for an influenza epidemic in 1918 that caused serious losses), to 1.42 million by 1980 and to over 1.9 million by 1990." In the 2000 census, there were 2.5 million Native Americans. Since 1960, people may self-identify their ancestry on

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672-545: Is far less common than previously believed; of the group tested in the series, only two of the people showed likely Native ancestry. Only 5 percent of African Americans have at least one-eighth Native American ancestry (equivalent to one great-grandparent). On the other hand, nearly 78 percent of African Americans have at least one-eighth European ancestry (the equivalent to one great-grandparent), and nearly 20 percent have at least one-quarter European ancestry (the equivalent to one grandparent.) In response, one critic asserted

728-776: Is located north of Anadarko. In August 2012, the Delaware Nation opened Casino Oklahoma located in Hinton, OK. The Delaware peoples historically spoke the Delaware language (also known as the Lenape language), Munsee and Unami , two closely related languages of the Eastern Algonquian subgroup of the Algonquian language family. The Lenape people were divided into three dialectal divisions, which later became

784-467: Is located two miles (3 km) north of Anadarko, Oklahoma on Highway 281. Their tribal jurisdictional area is located within Caddo County, Oklahoma . They operate their own housing authority and issue tribal vehicle tags. The current Delaware Nation Executive Committee are: The nation's annual economic impact was estimated at $ 5 million in 2010. Their tribal casino, Gold River Bingo and Casino,

840-444: Is that the grandchild of a person on the 1958 roll who was recorded as 1/4 Chippewa is now eligible for tribal membership, thus effectively setting the requirement at 1/16. (equivalent to five great-grandparents) (equivalent to one parent) (equivalent to one grandparent) (equivalent to one great-grandparent) (equivalent to one great-great-grandparent) (equivalent to one great-great-great-grandparent) These tribes require both

896-678: The Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. Such tribes, including Alaska Native village or regional corporations recognized as such, are known as "federally recognized tribes" and are eligible for special programs and services provided by the United States . The BIA, part of the US Department of the Interior, issues Certificate of Degree of Indian Blood , which tribes use as

952-669: The Chitimacha tribe of Louisiana, and their descendants have since then been denied tribal membership. In 2007 the Cherokee Nation voted in the majority to exclude as members those Cherokee Freedmen who had no documented ancestors on the Cherokee-by-blood list of the Dawes Rolls . However, the Cherokee Supreme Court ruled in 2005 that they were legitimate members of the tribe at that time. After

1008-886: The Indian Reorganization Act of 1934 , instead determining tribal status on the basis of kinship, lineage, and family ties. Some tribes, such as the Navajo Nation , did not adopt the type of written constitution suggested in that law until the 1950s. Given intermarriage among tribes, particularly those that are closely related and have settled near each other, critics object to the federal requirement that individuals identify as belonging to only one tribe when defining blood quantum. They believe this reduces an individual's valid membership in more than one tribe, as well as costing some persons their qualification as Native American because of having ancestry from more than one tribe but not 1/4 or more from one tribe. Overall,

1064-481: The Poarch Band of Creek Indians . Many tribes today are confederations of different ethnic groups joined into a single political entity making the determination of blood quantum challenging. Other tribes require a minimum blood degree only for tribal members born "off" (outside) the nominal reservation . This is a concept comparable to a combination of the legal principles of Jus soli and Jus sanguinis in

1120-683: The Seminole Nation of Oklahoma attempted to exclude two bands of Seminole Freedmen from membership to avoid including them in the settlement of land claims in Florida, where Seminole Freedmen had also owned land taken by the US government. Since 1942, the Seminole have, at times, tried to exclude Black Seminoles from the tribe. The freedmen were listed separately on the Dawes Rolls and suffered segregation in Oklahoma . More recently,

1176-539: The Wyandotte Nation , require an unspecified amount of Indian ancestry (known as " lineal descendancy ") documented by descent from a recognized member. Others require a specified degree of Indian ancestry but an unspecified share of ancestry from the ancestral tribe or tribes from which the contemporary tribal entity is derived, such as the Grand Traverse Band of Ottawa and Chippewa Indians and

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1232-417: The nationality laws of modern sovereign states. The Red Lake Nation of Minnesota declared in 2019 that all original enrollees on the tribe's 1958 roll were to be "considered full-bloods", regardless of their actual blood quantum as recorded on the roll. Since the tribal blood requirement for membership was (and still is) 1/4, the implication of this "resetting" of the original tribal members' blood quantum

1288-483: The 18th century. Blood quantum (BQ) continues to be a controversial topic. In 1705, the Colony of Virginia adopted the "Indian Blood law" that limited the civil rights of Native Americans and persons of one-half or more Native American ancestry. This also had the effect of regulating who would be classified as Native American. In the 19th and 20th centuries, the US government believed tribal members had to be defined for

1344-407: The 1906 Dawes roll (direct lineal ancestry), but does not impose minimum blood quantum requirement. The United Keetoowah Band requires a minimum 1/4 blood quantum. The Mashantucket Pequot tribe on the other hand, base their tribal membership on an individual proving descent, by recognized genealogical documentation from one or more members of the eleven families included on the 1900 US census of

1400-642: The Cherokee Nation of Oklahoma just requires lineal descent from a proven Cherokee ancestor recorded on the Dawes Rolls and has no BQ requirements at all. Others use a tiered system, with the Choctaw Nation of Oklahoma using lineal descent for general enrollment, but requiring a BQ of "at least one-fourth" for all tribal council candidates. Prior to colonization, individual tribes had established their own requirements for membership, including

1456-667: The Civil War, the US required the Cherokee and other Native American tribes that had supported the Confederacy to make new treaties. They also required them to emancipate their slaves and to give full tribal membership to those freedmen who wanted to stay in tribal territory. The Cherokee Freedmen often had intermarried and some had Cherokee ancestry at the time of the Dawes Rolls, qualifying as Cherokee by blood, but registrars typically classified them as Freedmen. Similarly, in 2000,

1512-886: The DNA that can be inherited from either parent of an individual, but at a cost of precision. DNA tests that survey the full DNA strand focus on " single nucleotide polymorphisms " or SNPs, but SNPs might be found in Africans, Asians, and people from every other part of the world. Full survey DNA testing cannot accurately determine an individual's full ancestry. Though DNA testing for ancestry is limited more recent genetic testing research of 2015, have found that varied ancestries show different tendencies by region and sex of ancestors. These studies found that on average, African Americans have 73.2–82.1% West African , 16.7%–29% European , and 0.8–2% Native American genetic ancestry, with large variation between individuals. A notable debate in 2019 over

1568-457: The English word tribe is a people organized with a non– state government, who typically claim descent from a common founder and who speaks the same language . In addition to their status as legal entities, tribes have political, social, and historical rights and responsibilities. The term also refers to communities of Native Americans who historically inhabit a particular landbase and share

1624-659: The Seminole refused to share with them the revenues of 20th-century US government settlements of land claims. The Center for Constitutional Rights has filed an amicus brief, taking up the legal case of the Black Seminoles and criticizing some officials of the Bureau of Indian Affairs for collaborating in this discrimination by supporting tribal autonomy in lawsuits. By treaty, after the American Civil War ,

1680-586: The Seminole were required to emancipate slaves and provide Black Seminoles with all the rights of full-blood Indian members. "American Indian tribes located on reservations tend to have higher BQ requirements for membership than those located off reservation....[reference to table] [O]ver 85 percent of tribes requiring more than a one-quarter BQ for membership are reservation based, as compared with less than 64 percent of those having no minimum requirement. Tribes on reservations have seemingly been able to maintain exclusive membership by setting higher blood quanta, since

1736-672: The State of California formed rancherias and Nevada formed Indian Colonies . Multiethnic entities were formed by the U.S. federal government or by treaty with the U.S. government for the purpose of being assigned to reservations. For example, 19 tribes that existed in 1872 combined at that time to form the Colville Confederated Tribes, which is now the single federally recognized tribe, Colville Indian Reservation in Washington state . The international meaning of

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1792-522: The US Census. Native American activism and a rising interest in Native American history appear to have resulted in more individuals identifying as having Native American ancestry on the census. Many Native American tribes continue to employ blood quantum in current tribal laws to determine who is eligible for membership or citizenship in the tribe or Native American nation. These often require

1848-430: The United States . Many terms used to describe Indigenous peoples of the United States are contested but have legal definitions that are not always understood by the general public. The term tribe is defined in the United States for some federal government purposes to include only tribes that are federally recognized by the Bureau of Indian Affairs (BIA), and those Alaska Native tribes established pursuant to

1904-464: The United States; the treaty was signed on September 17, 1778. The Oklahoma branches were established in 1867, with the purchase of land by Delaware from the Cherokee Nation ; they made two payments totaling $ 438,000. A court dispute followed over whether the sale included citizenship rights for the Delaware within the Cherokee Nation. In 1867, the courts ruled that they had only purchased rights to

1960-688: The basis for the three Clans of the Lenape. These divisions were the Monsi ( Munsee ) or Wolf, the Unami or Turtle, and the Unilactigo or Turkey. Today the clans are known as the Tùkwsit (Wolf Clan), Pùkuwànko (Turtle Clan), and Pële (Turkey Clan). The Delaware Nation is the Pùkuwànko (Turtle Clan). The Delaware were the first Indian nation to enter into a treaty with the newly formed government of

2016-401: The beginning of the US government's widespread application of the blood quantum idea. At the time, for someone to be recognized as Native American and be qualified for financial and other benefits under treaties or land sales, they had to meet a specific BQ requirement set by the federal government. Native American tribes did not formally use blood quantum law until the government introduced

2072-576: The concept of the one drop rule . This was prevalent in the South after Reconstruction , when white-dominated legislatures imposed legal segregation , which classified the entire population only as white or colored (Native Americans, some of whom were of mixed race, were included in the latter designation). It related to the racial caste system of slavery before the American Civil War . Some critics argue that blood quantum laws helped create racism among tribal members. The historian Tony Seybert contends that

2128-402: The early 21st century, many Native American tribes had modified their enrollment requirements and banned people who were already considered members. Those who are not members had tried to challenge policies to become a member. A person's blood quantum (BQ) is defined as the fraction of their ancestors, out of their total ancestors, who are documented as full-blood Native Americans. For instance,

2184-411: The government and attempted to avoid enumeration. But the only way to do this was to completely flee the Native American community during a time of widespread persecution. Native Americans who tried to refuse, if they were not already in a prison camp, had warrants issued for their arrests; they were forcibly rounded up and documented against their will. It is a modern misconception that this enumeration

2240-547: The justness of the extinguishment of aboriginal title is nonjusticiable, including in the case of fraud. Because the extinguishment occurred prior to the passage of the first Indian Nonintercourse Act in 1790, that Act did not avail the Delaware. As a result, the court granted the Commonwealth's motion to dismiss. In its conclusion the court stated: "... we find that the Delaware Nation's aboriginal rights to Tatamy's Place were extinguished in 1737 and that, later, fee title to

2296-493: The land for their lifetimes. The Curtis Act of 1898 dissolved tribal governments and ordered the allotment of tribal lands to individual members of tribes. The Lenape fought the act in the courts but lost. The lands were allotted in 160-acre (650,000 m) lots in 1907, with any land left over sold to non-Indians. The Nation became federally recognized on July 5, 1958, as the "Delaware Tribe of Western Oklahoma." They ratified their current constitution in 1972. In November 1999,

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2352-553: The land was granted to Chief Tatamy—not to the tribe as a collectivity." Blood quantum Blood quantum laws or Indian blood laws are laws in the United States that define Native American 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 . By contrast, many tribes do not include blood quantum as part of their own enrollment criteria. Blood quantum laws were first imposed by white settlers in

2408-750: The number of registered members of many Native American tribes has been reduced because of tribal laws that define and limit the definition of acceptable blood quantum. Native American nations have continued to assert sovereignty and treaty rights, including their own criteria for tribal membership, which vary among them. In the early 21st century, some nations, such as the Wampanoag tightened their enrollment criteria and excluded persons who had previously been considered members. Challenges to such policies have been pursued by those excluded. Native American tribes have maintained their claims to sovereignty and treaty rights, as well as their own membership requirements. By

2464-765: The percentage must be higher because there are so many family stories (the reasons for which Gates and, notably, Chris Rock explored in the documentary), but felt that many people did not always talk about it because to acknowledge it would be to deny their African heritage. Some critics thought the PBS series African American Lives did not sufficiently explain such limitations of DNA testing for assessment of heritage. In terms of persons searching for ethnic ancestry, they need to understand that Y-chromosome and mtDNA (mitochondrial DNA) testing looks only at "direct" line male and female ancestors, and thus can fail to pick up many other ancestors' heritage. Newer DNA tests can survey all

2520-541: The practice of banishment for those who had committed unforgivable crimes. Some traditional communities still hold to these precontact standards. Tribes that follow lineal descent may require a Native American ancestor who is listed on a prior tribal rations-issue roll , such as the Dawes Rolls for the Five Civilized Tribes in Oklahoma or a late 19th-century census . In some cases, they may also require

2576-911: The purposes of federal benefits or annuities paid under treaties resulting from land cessions. According to the Pocahontas Clause of the Racial Integrity Act of 1924 , a white person in Virginia could have a maximum blood quantum of one-sixteenth Native American ancestry without losing his or her legal status as white. The Indian Removal Act and the Trail of Tears led to a major enumeration of Native Americans as well as controversies and misunderstandings about blood quantum that persist to this day. As they were being forcibly driven out of their ancestral homelands and subjected to genocide , many Natives understandably feared and distrusted

2632-661: The reservation location has generally served to isolate the tribe from non-Indians and intermarriage with them." Many Native Americans have become used to the idea of "blood quantum". The blood quantum laws have caused problems in Native American families whose members were inaccurately recorded as having differing full or partial descent from particular tribes. In some cases, blood quantum has strained families and relationships. At certain times, some state governments classified persons with African American and Native American admixture solely as African American, largely because of racial discrimination related to slavery history and

2688-725: The southern colonies. Nationwide, 54-61% of all Native Americans marry non-Natives , which is a much higher rate than for any other racial group. It is projected that the Minnesota Chippewa Tribe will experience a gradual population decrease in the coming decades, unless it lowers its current membership requirement of at least 25% Native ancestry, as a consequence of tribal members having children with non-Native Americans for several generations. No federally recognized tribe enrolls members solely based on DNA testing, as it generally cannot distinguish among tribes. Some tribes may require DNA testing only to document that

2744-573: The tribe does not require blood quantum. Author Robert J. Conley has stated that if a tribe like the Cherokee Nation are "really serious about exercising its sovereignty and determining its membership," then it should not use the roll that "was put together by the U.S. government and then closed by the U.S. government," meaning that a tribal nation is still subject to the settler definitions of its members when other outside nations do not require rolls, ethnicity, race, or blood quantum for citizenship, but rather birth location and descendance. The U.S. Census

2800-487: The tribe later "developing a quantifiable definition of Cherokee identity based on ancestry," this "would dramatically affect the process of enrollment late in the nineteenth century and the modern procedure of obtaining membership in the Cherokee Nation, both of which require tracing and individuals’ lineage to a ‘Cherokee by blood.’" Thus, the Dawes Roll still upholds "by blood" language and theory of its time even though

2856-476: The tribe officially changed its name to the Delaware Nation. In September 2000 the Delaware Nation of Oklahoma received 11.5 acres of land in Thornbury Township, Delaware County, Pennsylvania In 2004 the Delaware of Oklahoma sued Pennsylvania over land lost in 1800. This was related to the colonial government's Walking Purchase of 1737, an agreement of doubtful legal veracity. The court held that

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2912-656: The tribe. The Northern Ute Tribe require a 5/8 blood quantum, making them the only tribe to require a number greater than 1/2. The Miccosukee of Florida , the Mississippi Choctaw , and the St. Croix Chippewa of Wisconsin all require one-half "tribal blood quantum", also among the higher percentages. At the other end of the scale, some tribes, such as the Kaw Nation , have no blood quantum requirement. Many tribes, such as Alabama-Quassarte Tribal Town and

2968-692: The validity of DNA testing for Native American ancestry arose over the controversies surrounding Elizabeth Warren's ancestry . Basing citizenship off specific enrollment rolls, like the Dawes Roll (that were taken after more than 80 years after Removal, after the Civil War , and after tribal government restructuring), is what scholar Fay A. Yarbrough calls "dramatically different from older conceptions" of tribal identity based on clan relationships, "in which individuals could be fully," for example, "Cherokee without possessing any Cherokee ancestry." And that by

3024-520: The white population under the assumption that full-blooded individuals were doomed to extinction. Tribe (Native American) In the United States, an American Indian tribe , Native American tribe , Alaska Native village , Indigenous tribe , or Tribal nation may be any current or historical tribe , band, or nation of Native Americans in the United States . Modern forms of these entities are often associated with land or territory of an Indian reservation . " Federally recognized Indian tribe "

3080-496: Was equivalent to contemporary tribal enrollment, or in any way optional. The concept of blood quantum was not widely applied by the United States government until the Indian Reorganization Act of 1934 . At the time, the federal government required persons to have a certain BQ to be recognized as Native American, and thus eligible for financial and other benefits under treaties or sales of land. The Indian Reorganization Act of 1934 marked

3136-551: Was why some members of the so-called Five Civilized tribes were slaveholders. The majority of slave owners were of mixed-European ancestry. Some believed they were of higher status than full-blood Indians and people of African ancestry. Other historians contend that the Cherokee and other tribes held slaves because it was in their economic interest and part of the general southeastern culture. Cherokee and other tribes had also traditionally taken captives in warfare to use as slaves, though their institution differed from what developed in

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