OONSUDJTION AND BILAWS

,

OONSUDJTION AND BILAWS

OF THE

DUCKWAIER SHOSHDNE TRIBE

OF TOE

DUCKWAIER RESERVATION

NEVADA

PREAMBLE

November 13,

We, the Shoshone Indians residing on lands proclaimed on

be known hereafter as

1940, to be an Indian reservation, -which shall

organizathe IXickwater Reservation, in order to establish a tribal

to

resources,

our

develop

to

property,

tion to conserve our tribal

our

and

ourselves

of

welfare

the

administer justice, and to promote

and

descendants, do hereby ordain and establish this Constitution

Bylaws for the Duckvater Shoshone Tribe.

ARTICLE I -- NAME AND TERRITORY

The riamp of this organized body shall be the IXickwater

Shoshone Tribe.

.cjgf+.-inn

1

.

Die jurisdiction of the Duckvater Shoshone Tribe shall inSec. 2.

ni^p

nil

p~l

the territory within the confines of the IXickwater Reservaand

tion as established by the Proclamation dated November 13, 19^0,

the

by

acquired

be

hereafter

may

as

lands

to such other

shall extend

said

Duckvater Shoshone Tribe or by the United States in trust for

Tribe.

ARTICLE

U — MEMBERSHIP

SectiofKL. Die membership of the Duckvater Shoshone Tribe

of the following:

(a)

Pfrr\d

•

—

V\

walo^

shall^consi

All Shoshone Ind£ahs--Q£^at least one-half degree Indian blood

who may be designated by~~tbe~-Secretary..of''€he Interior as

eligible for residence on lands>ir chased heretofore or hereafter for the benefit of the Duckvater^Shoshone Tribe.

\.

(D)

Any other person xif at least one-half degree pf Shoshone blood

appears on the Carson Agency census 'xif the IXickwater

whose

Shoshone/Thdi ans who applies in writing to the Duekvater Tribal

~ ^\rr>cL

('&«

—

CouncflC^KVT^cidl

1

•

^^3

•

(cL jitll^children of at least one -half degree of Shoshone

blood born to any member of the Tribe.

Lan

Sec

OT any adult

Council shall cancel the

—tte-Ifcital

his tribal relation,

application to

jnember-ehip

2

i^i^’who makes

r_

-sevef

membership

thereafter such personjshaTT cease to hold

in the Tribe.

(

The ^ibaToouncil shall

of the Interior,

by the Secretary

_

subje^- — review

,

ahd^loss of membership

Sec. 3-

m—

4

governing body

Shoshone Tribe of

Die governing body of the IXickwater

as the Duckwater

^e^Duc ater Reservation^ shall be a council known

Tribal Council.

Section 1

^

members duly elected

Hie Tribal Council shall consist of five

year except tha

each

elected

to serve three years, two members being

every third ye air one shall be elected.

Sec. 2.

-f ran within its

Hie Council so organized sh all elect

chairman; and frcm within or without,

number ~~(l) a chairman; (2) a vice

treasurer; and may appoint or employ such

(3) a secretary; and (U) a

deemed necessary.

other officers or committees as may be

Sec

3

hereunder shall be

Hie first election of the Tribal Council

of the Carson Agency

i.aiip iT held and supervised by the Superintendent

sixty days after ratification

and the Constitutional Committee within

and approval of this Constitution.

Sec

k.

highest number of votes shall hold

The two candidates receiving the

highest, two years; and the next

office for three years; the two next

until their successors

hiSest one yearfand they shall hold office

the first election, elections

are duly elected and qualified. After

at least sixty days prior te

for the Tribal Council shall be called

of the Tribal Council.

expiration of terns of office of the members

election, no person shall

In all elections after the first

Sec. 5.

Tribal Council unless he sha

be a candidate for membership in the

Tribe of the Duckwater Reservabe a member of the Duckwater Shoshone

Reservation for a period of one

tion, and shall have resided on the

be at least twenty-five years

year* next preceding the election, and

of age.

Shoshone Tribe shall be

Hie Tribal Council of the Duckwater

Sec. 6.

members

the”sole judge of the qualifications of its

2

ARTICLE 17

— NOMINATIONS AND ELECTIONS

Section 1

Die Tribal Council or an election board appointed by the

Council shall determine rules and regulations governing all elections.

.

Sec.- 2.

All elections shall be by secret ballot.

Any qualified member of the IXickwater Shoshone Tribe may

announce his or her candidacy for the Tribal Council, such announce ment to be in writing and presented to the Secretary of the Tribal

Council at least ten days before the election. It shall be the duty

of the Secretary to post in a public place at least ten days before

the election the names of all candidates for the Tribal Council.

Sec. 3»

Sec, h.

Die Tribal Council or the election board appointed by the

Tribal Council shall certify to the election of the members of the

Tribal Council within five days after the election returns.

Sec. 5

Any member of the Duckwater Shoshone Tribe 21 years of age

or over, who has maintained legal residence on the reservation for

at least one year immediately prior to any election, shall have the

right to vote, provided that at the first election the one-year

residence rule shall not apply.

.

ARTICLE V

— VACANCIES AND RIMOVAL FRCM OFFICE

If a councilman or an official shall die, resign, be'

"Section 1.

removed from or recalled frcm office, permanently leave the reservation, or be found guilty of a felony or misdemeanor involving dishonest

in any Indian, State or 'Federal court, the Tribal Council shall declare)

the position vacant and an election shall be held to fill the unexpirec

term, provided, however, that in case^t^e councilman or official is

called to some branch of the Armed Force s^of the United States of

America, a vacancy shall be declared and an appointment made by the

Council to fill that vacancy only until the person involved is

released from the Armed Forces or. until his term would have expired

under^ofdinary conditions, whichever event occurs first. ""Upon returning^

to>-f£e reservation the person involved shall resume former duties.

Die Tribal Council may by four affirmative votes remove any

Sec. 2.

official or expel any member of the Council for neglect of duty or

gross misconduct. Before any such vote is taken on the matter, the

ember or official shall be given a written statement of the c h arges

against him at least five days before the meeting of the Tribal Council

before which he is to appear; and he shall be given an opportunity to

answer any and aT 1 charges at such designated Council meeting. The

decision of the Tribal Council shall be final.

3

1

1

•

Sec. 3. Upon receipt of a petition signed by one-third of the

-eligible voters calling for the recall of any member of the Council,

it shall be the duty of the Council to call an election on said recall

petition. No member may be recalled in any such election unless at

least 30 percent of the legal voters shall vote at such election.

(Amendment I adopted by tribal electorate at election held April 7 > 19

Approved by Assistant Secretary of the Interior June 6 ,. 19^0

*

— DUTIES AND POWERS OF TBE TRIBAL CCEJNCIL

Enumerated Powers. — lie Duckwater Tribal Council shall

ARTICLE VI

Section 1.

exercise the following powers, subject to any limi tations imposed by

the statutes or the Constitution of the United States, and subject

to all express restrictions upon such powers contained in this Constitution and attached Bylaws:

(a)

To negotiate with the Federal, State, and local governments on

behalf of the Tribe, and to advise and consult with the representatives of the Interior Department on all activities of the Department

that may affect the Duckwater Shoshone Tribe.

To employ legal counsel for the protection and advancement of

the rights of the Duckwater Shoshone Tribe, the choice of counsel

and the fixing of fees to be subject to the approval of the Secretary

of the Interior.

(b)

To approve or veto any sale, disposition, lease or encumbrance

of tribal lands, interests in lands or other tribal assets which may

be authorized or executed by the Secretary of the Interior, the Canmissioner of Indian Affairs, or any other qualified official or agency of

government: Provided, That no reservation lands s hall ever be leased

for a longer period than permitted by law, or sold or encumbered,

except for governmental or public service purposes.

(c)

To confer with the Secretary of the Interior with regard to

appropriation estimates or Federal projects for the benefit of

the Tribe prior to the submission of such estimates to the Rireau

of the Budget and to Congress.

(d)

ai

economic affairs and enterprises of the IXickwater

To manage al

Shoshone Tribe of the Duckwater Reservation in accordance with the

terms of a charter that may be issued to the Tribe by the Secretary

of the Interior.

(e)

To promulgate and enforce ordinances, which shall be subject

by the Secretary of the Interior, governing the conduct

review

to

of members of the Duckwater Shoshone Tribe within the Dickwater

(f )

k

*

.

and^rty

the use of tribal privileges

“^Cof assessStsIS

for ^c^purposes,

of available tribal funds

27S appropriation

^nonmambers^ omlng^^po

providing for the Ucensing of

nu B i^

e

r

so

all persons not

TOtiqn

reservation of

ia fS thn^clusion“rc^ihe

pennies for

the establis^ent of proper

licensed^ 2d J£S£?£

of the Tribe.

lav enforcement Vi thin the

Jurisdiction

<•>*£,

s-.

(h)

To adopt resolutions

"n^ten^vith

and

to exercise such

^the Council by theaniBylavs.

SSS’iSSupon

1

2e conferred

Future Povera

Sec. 3.

such

duties as

^^^^^0^11

££

- The

SSTteS of tL interior, or any

&TSS 2t2ri2d omciL

Federal

or agency of the State or

government

«

a

vested

Anv rights and povers heretofore

in

Beservation

^the -=%ter

tw*>v.«=

S^sSS’SlSSTi. »t3.

r^ressly referred to in ttis

of the S22ter

^fS^el^le

bylavs and constitu-

BesS^t^S^uS^adopUon of appropriate

tional amendments.

Sec. k.

Manner of Beviev. -- toy

GTS™ °

f

%v£^£e1£Se2ry

U

the

^f^sen Ld t22e SuSSent of approve

°cL2:

SS

vithin ten days thereafter,

or disapprove the same.

shall

If the Superintendent

“^ ^22intend2t°2Ilin

I

transSecretary of tie

^rsa^^rar^^^se^tTSe

Jf

date

d^s

SlrKo X,

^

vithin^ninety

Jra.

for any

or

ordinance

rescind ihe said

the Council of such decision.

y after its enactresolution vitnin ze

,,

«-Tvnrnve any ordinance or

If ^ese

^eretor.

reasons

his

of

Council

„St, he shall advise the

it may, by majority vote,

reasons appear to the Council insufficient,

“^T^ ^days

5

1

1

.5

refer the ordinance or resolution to the Secretary of the Interior,

who may, within ninety days from the date of its enactment, approve

the same in writing, whereupon the said ordinance or resolution shal

become effective.

ARTICLE VIII

— TRIBAL LANDS

Section 1. The lands of the Duckvater Shoshone Tribe now held or

hereafter acquired by the Duckwater Shoshone Tribe, or by the United

States in trust for said tribe, shal 1 be held as tribal lands and

shall be used in accordance with a land-use agreement entered into

between the Tribe and the Secretary of the Interior, and no part of

such lands shall be mortgaged or sold. Tribal lands shall not be

allotted to individual Indians, but agricultural lands may be assigned

to members of the Tribe or otherwise used by the Tribe as hereinafter

provided.

Sec. 2.

In any assignments of tribal lands which are now owned by

the Tribe or which may hereafter be acquired for the Tribe by the

United States, or purchased by the Tribe out of tribal funds, preference fiha.1 be given, first, to beads of families who are entirely landless and secondly, to heads of families who have received assignments consisting of less than an economic unit of agricultural land, or other

land or interest in land. The Tribal Council may, if it sees fit, charge

a land-use fee in accordance with the terms of the land-use agreement

entered into by the Tribe and the Secretary of the Interior. At least

fifty percent of the proceeds of such fees will be deposited in a fund

to be expended, with the approval of the Secretary of the Interior, for

the purchase of additional tribal land.

Assignments made under this section shall be for the primary purpose

of establishing homes for landless Indians and shal 1 be made in

accordance with the terms of the land-use agreement entered into by

the Tribe and the Secretary of the Interior.

If any member of the Tribe holding an assignment of land

Sec. 3.

shall, for a period of one year, fail to use the land so assigned,

the assignment shall be cancelled by the Council after due notice

and an opportunity to be heard is granted, and the said land may be

reassigned in accordance with the provisions of Section 2 of this

Article. Revocation of an assignment may be appealed by the assignee

to the Coanissioner of Indian Affairs, who shall upon receiving such an

appeal establish a board composed of three members, one member to be

named by £he applicant, one by the Tribal Council, and a third member to be chosen by the first two, provided that this third member shall

not be a member of the Tribe and shall not be an employee of the Carson

Indian Agency.

The decision rendered by this Board of appeals shall

6

i

t” 0

first mused fall to agree on a

third member, the Ccraniesioner of

Indian Affairs shall make the

appointment.

f ny ln iian holding an assignment,

his heirs or

? J

other indii-idnals

designated by him by vill or by vritten

reguest,

preference in the reassignment of the land,

provided

“

B ° f 0,5 Ducinrater Shoshone

Tribe L> vould

S^ifSblS't”

oe exigible to receive an

assignment.

oSr^i-^

‘

.

4‘

C

Applications for assignments shall be

filed with the Secretary

BhaLL' **

writing, setting forth the name of thT^

r

SO

pplying for the land and as accurate a

descriptira

? fI

^ as the

of Si

the land

desired

circumstances will permit. Notices of all

applioations received by the Secretary

of the

S£

111

cons P icuous Places on the reservation

fornot

less than twenty days before action

is taken by the Council

Anv

member °f the Tribe wishing to oppose

the granting of

±D VTiti e

ettln€ forth his objections, to be filed

sL retar r °^ '^ Council,

and may, if he so desires, appear

before th#»

^ t0

ll

present

evidence.

Die Secretary of the Council

xhaii

-pS * °S?u

r

hall furnish

the Superintendent

or other officer in charge of the

Agency a complete record of all action

taken by the Councfl on a^lications for assignment of land, and a

complete record of assignment^ shall

nCy 0ffiCS

oPen for inspectiTty

f| ; h

^

001111011

S

f

£SXi s£2 X

^

w^b

« «l^2nt

S^thi

.

^

5 S\£be

^

^

^

^

^

r

SuPerinte ndent may protest to the

Ccmmissione^if

oner of Indian Affairs °against the

action

of the Council on an assignsuch action hAg been taken

Unnn

1* 8 *'

Cco,nisBioner sha

authorize

the

creation

of a Board of Appeals, one member

to be named by the oerson m&v-tmr +b«

protest, one to be named by the Tribal

Council, and a third member to

^.provided

0,15 0,11,1

ter shaii

ShaU DOt

“PioyP'i

Ip the Indian

service. In case the two members

first named fail to atrree on a +»,•,• wj

^ber the Ocmmdsnioner of Indian Affairs shall make

Ohe decision rendered by this Board

of Appeals «h»n be finS?

ment application within 30 days after

STS^^AnofT

H

^

S

ARTICLE IX

"™

— REFERENUM

lpt

a Petition signed by at least

ten qualified voters of

S°Ve -Water

Shoshone Tribe, a referendum may

°£.

1

demanded on any

^L?

for proposed ordinance or resolution of be

enacted

the Council,

andthe

7

voting in such referendum

rote of a majority of the qualified voters

Council.

-chan thereafter be conclusive and binding upon the

ARTICLE X

— AMENIMENTS

by a maThis Constitution and Bylaws may be amended

Section 1.

Tri

Shoshone

jority vote of the qualified voters of the IXickwater

t a

for

called

election

of the Duckvater Reservation, voting at an

least

at

That

purpose by the Secretary of the Interior; Provided,

election,

such

at

vote

shall

vote

to

30 percent of those entitled

shall have been

but no amendment shall become effective until it

approved by the Secretary of the Interior.

the Interior to

It shall be the duty of the Secretary of

Sec. 2.

of a Petireceipt

upon

n ail an election on any proposed amendment

of the

members

voters,

tion signed by 25 percent of the qualified

Tribe.

BXLAWS OF THE KJCKWATER SHOSHONE TRIBE

ARTICLE I

— DUTIES OF Of-bluEttS

preside over

Section 1. The Chairman of the Tribal Council shall

of a chairman, an

al i meetings of the Council, perform all duties

exercise any authority delegated to him.

vhen called^

The Vice-Chairman shall assist the chairman,

shall preside.

he

chairman,

upon "so to do, and in the absence of the

and

duties

privileges,

When so presiding, he shall have all the

responsibilities of the chairman.

Sec. 2.

conduct all correThe Secretary of the Tribal Council shall

record of all matters transspondence and keep a complete and accurate

duty to submit promptly to

acted at Council meetings. It shall be his

Agency and the Commissioner of

the Superintendent of the Carson Indian

regular and special meetings

Indian Affairs, copies of all minutes of

of the Tribal Council and the Tribe.

Sec. 3.

He shall acbe as follows:

Sec. U. The duties of the Treasurer shall

safeguard all funds for whic

cept, receive, receipt for, preserve and

He shall deposit all

custodian.

the Council is acting as trustee or

by the Council, and

directed

such funds in such bank or elsewhere as

the Council s office,

in

same

keep an accurate record, filing

he

and accounts, and

and he shall report all receipts and expenditures

once every six

custody

the nature of all funds in his possession or

requested to

is

he

months to the Council in writing, or at any time

satisfactory

bond

give a

do so by the Council. He shall be required to

Affairs. Until the

to the Council and the Commissioner of Indian

for the

Treasurer is bonded, the Council may make such provision

8

"

handling of funds of the Tribe as

pfoper disbursement and use.

1

guarantee their safety and

shn-1

Sec. 5 .

Newly elected Council members who have been duly certified

shall be installed at the first regular meeting of the Council following the election.

Each member of the Council and- each officer or subordinate

official, elected or appointed hereunder, shall take an oath of

office prior to assuming the duties thereof, by which oath he Bhai 1

pledge himself to support and defend the Constitution of the United

States and this Constitution and HylawsSec. 6.

•

do solemnly swear that I will support

"I,

,

and defend 'the Constitution of the United States against all enemies;

that I will carry out faithfully and impartially the duties of my

office to the best of my ability; that I will cooperate, promote, and

protect the best interests of my Tribe, in accordance with its Constitution and Bylaws

Oath:

.

Regular meetings of the Tribal Council shall be held four

times yearly in the months of January, April, July and October, and

at such other times as the Council shall by resolution provide, the

exact day of meeting to be fixed by resolution.

Sec. 7«

Special meetings may be called by written notice signed by

Sec. 8

the Chairman, or by a majority of the Council, and when so called, the

Council shall have power to transact business as in regular meetings.

No business shall be transacted unless a quorum is present. A quorum

shall consist of a majority of the entire membership of the Council.

.

Sec. 9.

Order of business:

Call to order by the Chairman

Roll call

Reading of minutes of the last meeting

Unfinished business

Reports

New business

Adjournment

Sec. 10. Die Tribal Council may prescribe such salaries and expenses

for officers or members of the Council as may be deemed advisable,

frcm such funds as may be available.

9

3

ARTICLE II

— ORDINANCES AND RESOLUTIONS

Section 1. All final decisions of the Council on matters of general

and permanent interest to the members of the Tribe, sh all be embodied

in ordinances. Such ordinances shal 1 be collected and published from

time to time for the information and education of the members of the

Tribe.

Sec. 2.

AH final decisions of the Council on matters of temporary

interest, (such as action on the tribal budget for a single year, or

petitions to Congress or the Secretary of the Interior) or relating

especially to particular individuals or officials (such as adoption

of members, instructions for Council employees, or rules of order for

the Council), shal be embodied in resolutions. Such resolutions

shall be recorded in a special book which shall be open to public

inspection.

All questions of procedure (such as acceptance of c ommi ttee

invitations to outsiders to speak) shall be decided by

or

reports

motion of the Council or by the ruling of the Chairman, if no objection is heard. On a2 1 ordinances, resolutions, or motions, the

Council may act by majority vote, but all matters of importance shall

be fully discussed and a reasonable attempt be made to secure a unanimous agreement.

Sec.

3.

Sec. 4. Every ordinance gbal 1 begin with the words, "Be it enacted

by the Duckvater Tribal Council." Every resolution shall begin with

the words, "Be it resolved by the Duckvater Tribal Council."

ARTICLE HI

— ADOPTION OF CONSTITUTION ANT BYLAWS

This Constitution and Bylaws shall be in full force and effect whenever

a majority of the Shoshone Indians residing on the IXickvater Reservation,

Nevada, in accordance with the Proclamation of November 13> 1940, voting

at an election called by the Secretary of the Interior in which at least

30 percent of the eligible voters shall vote, s hal l have ratified such

Constitution and Bylaws and the Secretary of the Interior shall have

amended by

approved same, as provided in the Act of June l8, 1934,

the Act of June 15, 1935*

X, Oscar L. Chapman, the Assistant Secretary of the Interior of the

United States of America, by virtue of the authority granted me by

the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve

the attached Constitution and Bylaws of the Duckvater Shoshone Tribe of

the Duckvater Reservation.

10

AH rules and regulations heretofore promulgated by the Interior

Department or by the Office of Tnfli «n Affairs, 60 fax as they may

be incompatible with any of the provisions of the said Constitution

and Bylavs will be inapplicable to these TrrH ana from and after the

date of their adoption thereof.

All officers and employees of the Interior Department are. ordered

to abide by the provisions of the «<^ld Constitution and bylaws.

Approval recccmended:

F. H.

November 26, 1940.

DAIKER,

Assistant to the Commissioner of Indian Affairs

OSCAR L. CHAEMAN,

Assistant Secretary

Washington,

D. C., November 28, 1940

CERTIFICATION OF ADOPTION

Pursuant to an order, approved November 28, 1940 by the Assistant

Secretary of the Interior, the attached Constitution and Bylavs was

submitted for ratification to the Indians of the Du.clcvater Reservation

and was on November 30, 1940, duly approved by a vote of 36 for, and

0 against, in an election in which over 30 percent of those entitled

to vote cast their bal l o ts, in accordance with section 16 of the Indian

Reorganisation Act of June 18, 1934 (48 Stat. 984), as amended by the

Act of June 15, 1935.

OLIVER IKE,

Chairman, Election Hoard

BROWNIE SAM,

Secretary, ELection Board

DON C. FOSTER,

Superintendent, Carson Agency