K']1�8�C�C� Fort Belknap - 1 Const._djvu.txtUT ��j��j

Tribal code

Ask Donna

What actually matters in this document.

Text

United States Department of the Interior ameriL

OFFICE OF THE SECRETARY

Washington, D.C. 20240

TAKE

THROUGH: BILLINGS AREA DIRECTOR

OCT 11993

Ms. Edith Adams

Superintendent, Fort Belknap Agency

P.0. Box 98

Harlem, Montana 59526

Dear Ms. Adams:

We have received the results of the election held on September 17,

1993, by the qualified voters of the Fort Belknap Indian Community

of Montana. The election was called in accordance with an order

issued on July 15, 1993, by the Deputy Commissioner of Indian

Affairs, which permitted the qualified voters of the Fort Belknap

Indian Community to vote on the adoption or rejection of the

proposed revised constitution.

We have also received several validly filed letters contesting the

results of that election. After carefully considering the

allegations, I found nothing that would justify a recount of the

ballots or the holding of a new election which are the only

remedies available under the Secretary of the Interior's

(Secretary) election regulations found at Title 25 of the Code of

Federal Regulations, Part 81.

As evidenced by the completed Certificate of Results of Election,

the Constitution and Bylaws of the Fort Belknap Indian Community

was duly adopted by a vote of 416 for and 150 against in an

election in which 61% of the 959 members registered and entitled to

vote cast their ballots.

The Constitution and Bylaws of the Fort Belknap Indian Community of

the Fort Belknap Reservation of Montana is hereby approved pursuant

to the authority granted to the Secretary by the Act of June 18,

1934 (48 Stat. 984), as amended, and delegated to me by 230 D.M.

2.4. Please deliver the enclosed original document to the

Community.

Sincerely

Ada E. Deer

Assistant Secretary - Indian Affairs

Enclosure

cmsmuricN and bylaws

OF THE

FORT BELKNAP INDIAN COWUNITY

OF THE

PCRT BELKNAP RESERVATION

NCNIANA

PREAMBLE

We, the duly enrolled members of the Fort Belknap Reservation in the State of

Montana, in order to secure to ourselves and our descendants the management

of our own affairs, and to perpetuate this reservation as an abiding place

for the members of this Oorrrnunity, do establish this Constitution of the Fort

Belknap Indian Oorrrnunity.

ARTICLE I - OBJECTIVES

It shall be the object of the Fort Belknap Indian Oonmunity:

(a) To establish and maintain, with the aid of the Federal Government,

a form of home rule that shall promote the advancement and welfare

of the Indians of the Fort Belknap Reservation.

(b) To establish and enforce such rules as may be necessary to safe-

guard Indian property for the use of present and future

generations .

future generations, lands needed for home and livelihood.

ARTICLE II - TERRITORY

The jurisdiction of the Fort Belknap Indian Oorrrnunity shall extend to all

lands now contained within the Fort Belknap Reservation and to any lands that

may in the future be added thereto.

ARTICLE III - MEMBERSHIP

Section 1 . Original Members of Oorrmunitv . Every living person whose name

appears an the Allotment Roll of the Fort Belknap Reservation prepared and

approved pursuant to the Act of March 3, 1921 (41 Stat. 1355), shall be

entitled to membership in the Fort Belknap Indian Community.

Section 2 . Descend ants of Allottees . Each person of one-fourth (1/4) or

more Indian blood, regardless of residence, bom heretofore or hereafter to

any member or desce n da n t of a member of the Cbnmunity whose name was or is on

the Allotment Roll of the Fort Belknap Reservation prepared and approved

pursuant to the Act of March 3, 1921 (41 Stat. 1355), shall automatically be

entitled to membership in the Oommunity.

Section 3 . Adoption . The Oonminity may by a majority of the votes cast by

the members of the Cfcmnunity, adept as a member of the Oomnunity any person

of one-eighth (1/8) degree or more Indian blood who is a descendant of a

member of the Fort Belknap Oomnunity and/or an allottee; PROVIDED . That any

person to be eligible for adaption must have resided at least three (3)

consecutive years upon the Fort Belknap Reservation, and PROVIDED. FURTHER .

That such person has not received membership in any other tribe of Indians.

Section 4 . Loss of Membership . In no case shall a member lose his member-

ship other than by personal request in writing to the Oomnunity Council or by

reason of his having established legal residence in a foreign country.

Section 5 . Definition . Wherever the term "Indian blood" is used in this

Article it shall be determined to mean the blood of either or both the

Assiniboine or the Gros Ventre Tribe of the Fort Belknap Reservation.

Section 6 . Current Membership Roll . The membership roll of the Fort Belknap

Indian Ctorrrnunity shall be kept current by striking therefrom the names of

persons who have relinquished in writing their membership in the Oomnunity or

have established legal residence in a foreign country and of deceased persons

upon receipt of a death certificate or other evidence of death acceptable to

the Cbmnunity Council, and by adding thereto the names of persons who meet

the membership requirements and who comply with the procedures for enrollment

as members of the Oomnunity.

Section 7 . Appeals . Any person who has been rejected for enrollment as a

member of the Oomnunity, EXCKPi those rejected under Section 3, shall have

the right to appeal within 60 days from the date of written notice of

rejection to the Secretary of the Interior from the decision of the Oomnunity

Council, and the decision of the Secretary of the Interior shall be final.

Section 8 . Rules of Procedure . The Oomnunity Council shall have the

authority to prescribe rules to be followed in canpiling a membership roll

in accordance with the provisions of this Article, the completed roll to be

approved by the Fort Belknap Oomnunity Council, and in case of distribution

of Oomnunity assets, the roll shall be submitted to the Secretary of the

Interior for final approval.

- 2 -

ARTICLE IV - ORGANIZATION OF (XNMUNTIY COUNCIL

Section 1 . Oomposition . The Ccrrmunity Council shall be cornposed of four (4)

members, all of whom shall be chosen every second year by popular vote, a

President and Vice President who shall be chosen every four (4) years by

pcpular vote, and a Secretary-Treasurer who shall be appointed in accordance

with Section 4 of this Article. Every candidate for elected office shall pay

a filing fee of $10.00.

Section 2 . Creation of Districts; Apportionment . There shall be created by

the Qxnnunity Council two (2) Gros Ventre and two (2) Assiniboine voting

districts an the reservation. The actual enumeration for each district shall

be m ad e prior to July 1st of each election year. Representation an the

Oonmunity Council shall consist of two (2) Gros Ventre and two (2)

Assiniboine members, one representative from each tribe residing in each

district and having been elected by the members of his or her tribe in that

district. The President and Vice-President shall be a 'team of one (1) Gros

\fejitre and cne (1) Assiniboine, elected as a team at-large.

Section 3 . Tenure . The Gros Ventre and Assiniboine candidates for each

district shall be elected for a two (2) year term and may succeed themselves

at will. The President and Vice President shall be elected for a four (4)

year term and may succeed themselves at will.

Section 4 . Officers . The officers of the Comnunity Council shall consist

of: a President and Vice President who shall be elected at-large, and a

Secretary-Treasurer, who shall be appointed by the President and confirmed by

majority vote of the district representatives when properly convened, and who

shall be an enrolled member of either the Gros Ventre or Assiniboine Tribes,

qualified to perform the financial and administrative duties of Secretary-

Treasurer as defined by the Oorrrnunity Council. The Secretary-Treasurer of

the (immunity Council, as a nan-elected officer, shall not be entitled to

vote an matters before the Cfcmnunity Council. Once confirmed, the Secretary-

Treasurer shall serve at the pleasure of the President.

ARTICLE V - POWERS OF THE (XMCNTIY COUNCIL

Section 1 . Enumerated Pcwers . The Council of the Fort Belknap Oonmunity

shall have the following pcwers, the exercise of which shall be subject to

popular referendum as provided hereafter:

(a) To negotiate with the Federal, State and local governments cn

behalf of the Oonmunity and to advise and consult with the

representatives of the Interior Department an all activities of

the Department that may affect the Port Belknap Oonmunity.

(b) lb enploy legal counsel for the protection and advancement of the

rights of the Ocrrmunity and its members, the choice of counsel and

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

the Interior.

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

be authorized or executed by the Secretary of the Interior or his

duly authorized representatives, PROVIDED . That no Ccrrmunity lands

shall ever be sold or encumbered, but may be leased for any purpose

for periods consistent with existing law.

(d) TO submit through proper government channels recommendations for

the expenditure of Federal funds for tribal support, reimbursable

assistance, reservational improvements, health, education, and

other necessary activities looking toward the advancement of the

members of this Community.

(e) To barrow money from the Federal Government in accordance with the

terms of a corporate charter to be issued to the Fort Belknap

Indian Community.

(f) lb manage the economic affairs of the Community and to appropriate

available funds for public purposes.

(g) To assess fees against members of the Community or their property

to obtain funds for payment of expenses of the Community Council or

for carrying on any project that in the Council's opinion may be

beneficial to the Community as a whole, PROVIDED. HCMEVER . That any

district, not directly benefited by any project under contempla-

tion, may by a majority vote of the people of the district, exempt

itself from such assessment. In case of dispute as to whether a

certain district is benefited by a given project, any party may

appeal to the Commissioner of Indian Affairs for a final

determination .

(h) To exclude from the territory of the Community persons not legally

entitled to reside therein under ordinances which shall be subject

to review by the Secretary of the Interior.

•

(i) To establish ordinances, subject to review by the Secretary of the

Interior, governing law enforcement an the reservation, and to set

up courts for the trial and punishment of offenders against such

ordinances, in cases that do not fall within the jurisdiction of

the Federal Court.

- 4 -

(j) lb purchase land of members of the Community for public purposes,

under condemnation proceedings in courts of competent jurisdiction

(k) To prohibit the overgrazing of lands or other depletion of the

capital or natural resources of the Oormiunity by ordinances which

fshall be subject to approval by the Secretary of the Interior.

{1) To establish ordinances relating to the assignment, use or transfer

of tribal lands within the jurisdiction.

(m) To regulate the inheritance of real and personal property, other

than allotted lands, within the territory of the Oomnunity.

(n) To charter subordinate organizations for economic purposes and to

regulate the activities of all cooperative associations of members

of the Cfcrmunity.

(o) To regulate the domestic relations of members of the Ocrrmunity.

(p) To provide for the appointment of guardians for minors and mental

inccnpetents by ordinance or resolution subject to review by the

Secretary of the Interior.

(g) To make reconmendatians to the Superintendent or the Gorrmissioner

of Indian Affairs or the Secretary of the Interior concerning the

appointment and removal of enplcyees assigned to duties an the Fort

Belknap Reservation.

(r) To appoint subordinate boards and tribal officials, and to provide

for the popular election of subordinate district councils, and to

delegate to such boards, councils, or officials or to cooperative

associations which are open to all members of the Oomnunity any of

the foregoing powers, reserving the right to review any action

taken by virtue of such delegated power.

(s) Tb promulgate ordinances, subject to review by the Secretary of the

Interior, providing for the assessment and collection of license

fees from nonmembers doing business, or obtaining any other special

-ri ght or privilege within the reservation, including tcwnsites

therein.

Section 2 . Manner of Review . Any resolution or ordinance which, by the

terms of this constitution, is subject to review by the Secretary of the

Interior, shall be presented to the Superintendent of the reservation, who

shall, within ten (10) days thereafter, approve or disapprove the same.

If the Superintendent shall approve any ordinance or resolution, it shall

thereupon become effective, but the Superintendent shall transmit a copy

of the same, bearing his endorsement, to the Secretary of the Interior, who

may within 90 days from the date of enactment, rescind the said ordinance

or resolution . for any cause, by notifying the Ctnrnunity Council of such

recisicn.

If the Superintendent shall refuse to approve any resolution or ordinance

submitted to him, within ten (10) days after its enactment, he shall advise

the Ooninunity Council of his reasons therefor. If these reasons appear to

the Council insufficient, it nay, by a najority vote, refer the ordinance or

resolution to the Secretary of the Interior, who may, within 90 days from the

date of its enactment, approve the same in writing, whereupon the said

ordinance or resolution shall become effective .

Section 3 . Future Powers . The Council of the Fort Belknap Oonmunity may

exercise, subject to popular referendum, such further, powers as may in the

future be delegated to the Cbnrnunity by the Secretary of the Interior, or by

any other duly authorized official or agency of government.

Section 4 . Keserygd Powers . Any rights and powers heretofore vested in the

tribes of the Port Belknap Indian Community hut not expressly referred to in

this constitution shall not be abridged by this Article but may be exercised

by the people of the Fort Belknap Ootmiunity through the adoption of

appropriate bylaws and constitutional amendments.

ARTICLE VI - INITIATIVE AND REFERENDUM

Whenever a natter of great importance comes before the Council the councilman

shall, by resolution duly passed, submit the matter to the vote of the

people. If they do not so agree to submit the question, any two (2) members

of the Council, or one hundred members of the Community, may within thirty

(30) days after the vote of the Council, call such a popular referendum, but

no councilman shall call more than two (2) referendum elections during any

calendar year. When a referendum election has been called, the question to

be voted cn shall be posted at the voting places for at least ten (10) days

prior to the election. The notice shall contain the ordinance or resolution

to be voted an with the accompanying words: "Shall the ordinance (or

resolution) be approved. Yes ( ) . No ( ) ." The will of the majority of

those voting shall be the law, PROVIDED at least one-third of the eligible

voters actually vote.

- 6 -

ARTICLE VII - ELECTIONS

Section 1 . Right to Vote . All members of the Oorrmunity of either sex,

eighteen (18) years of age or over, are entitled to vote at any election when

he or she presents himself or herself at any polling place in the voting

district wherein the member resides, or in the case of nonresidents, absent

or infirm eligible voters, by absentee ballot, which shall be mailed to such

voters upon written request. Eligible nonresident members of the Omainity

shall also be entitled to vote in the district they are assigned by the

Council utilizing the duly enacted Election Ordinance during the enumeration

process. Each member of the Community shall be entitled to vote for one

candidate from their designated tribe for the council seat from their

designated district. Each member of the Community shall be entitled to one

vote for the President and Vice President, who shall run for office as a team

and be elected by all voters at-large.

Section 2 . Time of Elections . A primary election shall be held in each

district. The two (2) candidates for each office in each district receiving

the most votes shall progress to a general election in which the candidate

receiving the majority of the votes shall be elected and seated. For the

offices of President and Vice President, the two (2) teams receiving the most

votes at-large shall progress to a general election in which the team

receiving the majority of the votes at-large shall be elected and seated.

Primary elections for membership on the Ocrrrnunity Council shall be held on

the first Tuesday in November of the second year, and the general elections

shall be held on the first Tuesday in December of the same year. Duly

elected Council members shall take office immediately upon certification of

the election results.

Section 3 . Manner and Place of Elections . Elections shall be taken by

ballot, and polling places in each district shall be established by the

Council . Absentee ballots, including those of nonresidents, shall be counted

in the district and with the tribal affiliation to which the voter has been

designated in the enumeration process. The Council shall appoint three (3)

election judges to serve at each polling place for each election, and the

judges shall certify the results of the election.

Section 4 . Nominations . Candidates for election to membership on the

Community Council shall give public notice of such intention at least thirty

(30) days prior to the primary election date and at the same time file with

the Secretary-Treasurer of the Council a certificate of such intention

including a statement of residency in the district within which he or she

wishes to run for office, a statement of tribal affiliation for such office,

and an endorsement by five (5) duly qualified electors from the same tribe

and same district, other than immediate relatives . Candidates for election

to the Presidency and Vice Presidency shall give public notice of such

intention at least thirty (30) days prior to the primary election date and at

the sane time file with the Secretary-Treasurer of the Council a certificate

- 7 -

of such intention, including a statement of reservation residency, a

statement of affiliation of one (1) member of the team as a Gros Ventre and

one (1) as an Assiniboine, and an endorsement of the team by five (5) d u ly

qualified electors from each tribe, other than immediate relatives.

ARTICLE VIII - REMOVAL FRCM OFFICE

Section 1 . Forfeiture of Office . Any member of the Oonmunity Council who

shall be absent from three (3) consecutive regular meetings of the Council,

unless such absence shall be excused for cause, or who shall be convicted of

any offense involving dishonesty, shall automatically forfeit his office.

Section 2 . Impeachment . The Council may expel a member for cause by a

two-thirds vote, after due notice of charges and allowing an opportunity to

be heard.

Section 3 . Vacancies . When vacancies on the Council exist more than 270

days before an election to fill Oouncil seats, the President shall issue a

writ of election to fill such vacancies. At least thirty (30) days notice of

such election shall be given, and if more than two (2) candidates file for a

vacancy, the Council may conduct a primary to reduce the number of candidates

to two (2) for the position. In the event there occurs a vacancy in the

office of President, the Vice President shall assume the office of President

and shall then appoint a Vice President from within the tribe of the former

President. In the event there occurs a vacancy in the office of Vice

President, the President shall appoint a Vice President from within the tribe

of the former Vice President.

Section 4 . Recall . (A) Any person elected to the Ctouncil, including the

President and Vice President as a team, shall be subject to recall from that

office. In the case of a councilman, recall shall be initiated by a petition

signed by no less than forty percent (40%) of the number of votes cast by

tribal members in the councilman's district for that position in the last

general election preceding the recall petition. In the case of recall of the

President and Vice President, recall shall be initiated by a petition signed

by no less than forty percent (40%) of the total number of at-large votes

cast for the position at the last general election preceding the recall

petition.

(B) Every recall petition must contain a general statement of cause,

in not mere than two hundred (200) words, of the grounds of such demand for

recall, and must be filed at the office of the Secretary-Treasurer of the

Council. The subject of the recall petition shall immediately be served

with a copy of the recall petition and shall have ten (10) days from the

date of service to file his/ter response to the general statement of cause,

in not more than two hundred (200) words, with the Secretary-Treasurer of

the Council. Each signatory must add to his or her signature the date of

signing, his or her residency and t ribal affiliation.

- 8 -

shall be accepted by the Cbuncil. If he or she does not resign within ten

(10) days after a recall petition is filed, a special recall election shall

be ordered and held, not less than twenty (20) nor more than thirty (30) days

after such filing, to determine whether the subject should be recalled. On

the ballots at said election the reasons set forth in the recall petition

together with the subject's response, in not more than two hundred (200)

words, shall be printed for review by the voters. The subject shall continue

to hold office until the results of the election are officially declared by

the Council . The subject shall be recalled in the event that a majority of

the voters in the special recall election vote for such recall. Such action

to certify the election results shall be taken as soon as possible after the

election.

(D) No recall petition shall be circulated against a councilman until

he or she has been in office for a period of eight (8) months. Should a

recall petition fail, the subject shall not be subjected to further recall

action within one (1) year of the special recall election.

ARTICLE IX - AMENEMENIS

This constitution and bylaws may be amended by a majority vote of the

qualified voters of the Oonminity voting at an election called for that

purpose by the Secretary of the Interior, PROVIDED . That at least thirty (30)

percent of those entitled to vote shall vote in such election; but no

amendment shall become effective until it shall have been approved by the

Secretary of the Interior It shall be the duty of the Secretary of the

Interior to call an election on any proposed amendment, at the request of the

Oouncil, or upon presentation of a petition signed by one-third (1/3) of the

qualified voters, members of the Community.

- 9 -

/■"N

BYLAWS

OF THE

PORT BELKNAP INDIAN COMMUNITY

OF THE

PORT BELKNAP RESERVATION

MNIANA

ARTICLE I - DOTIES OF OFFICERS

Section 1 . President . It shall be the duty of the President to preside at

all meetings of the Council and to direct the work of its officers. He shall

appoint such standing conmittees as are provided for in the bylaws and

constitution and such tenporary committees as the business of the Ocnmmity

may require. He shall issue all necessary writs for regular or special

elections, setting dates, place of polling, cause due notices to be posted,

and in other ways perform any and all duties devolving upon his office with

diligence and dispatch.

Section 2 . Vice President . The Vice President shall preside at any meeting

of the Council from which the President is absent, and in the event of the

death of the President or his resignation or removal from office, he shall

serve the remainder of the term as President.

Section 3 . Secretary-Treasurer . The Secretary-Treasurer shall conduct the

correspondence of the Community Cbuncil, shall keep all records, minutes of

meetings, roster of members, records as to expenditures and allotments of

tribal, gratuitous, or other funds over which the Council has sole charge.

He shall keep an accurate record of all members of the Community, prepare

necessary resolutions for appropriate actions by the Council; he shall

prepare or cause to be prepared by such assistants as are assigned to him by

the President, such reports or registers as the President or council may

direct. He shall be required to give bond acceptable to the Community and

the Commissioner of Indian Affairs.

ARTICLE II - QQALIFICAnCNS OF OFFICE

No person shall represent the Community an the Cbuncil unless he is a duly

enrolled member of the Community who has attained the age of twenty- five (25)

years, and who has never been convicted of a major crime.

' ' ARTICLE III - SALARIES

The councilman shall receive as compensation for their services not to exceed

$3.00 per day while in session, and a mileage fee of five cents ($.05) per

'■ mile for travel from their home to place of meeting and return. Expenses

shall be paid from tribal funds. The Community Council may fix salaries of

officers or committeemen.

- 10 -

ARTICLE IV - MEETINGS AND PROCEDURES

Section 1 . Regular Meetings . The Community Council shall assemble an the

first Monday of every month.

Section 2 . Special Meetings . A special meeting may be called upon two (2)

days notice' by the President or by any four (4) members of the Council.

Section 3 . Quorum . A majority of the members shall constitute a quorum to

Section 4 . Rules of Order . The Council may determine the rules of its

proceedings and may punish its members for disorderly behavior.

Section 5 . Place of Meetings . The official meeting place of the Community

Council shall be at the agency headquarters unless otherwise agreed.

e *

Section 6 . Disqualification for Interest . No member of the Council shall

cast a vote an any question in which he may have a personal pecuniary

.interest.

ARTICLE V - LAND

Section 1 . Allotted Tands . Allotted lands, including heirship lands, within

the Port Belknap Reservation shall continue to be held by their present

owners as heretofore. It is recognized that under existing law such lands

may be condemned for public purposes, such as roads, public buildings, or

other public improvements , upon payment of adequate compensation, by any

agency of the State of Montana or of the Federal Government, or by the tribe

itself. It is further recognized that under existing law such lands may be

inherited by the heirs of the present owner, whether or not they are members

of the Port Belknap Community. Likewise it is recognized that under existing

law the Secretary of the Interior may remove restrictions upcn such land,

upon application by the Indian owners, whereupon the land will become subject

tc State taxes and nay then be mortgaged or sold to non- Indians. The right

of the individual Indian to hold or to lose his land, as under existing law,

shall not be abrogated by anything contained in this constitution, but the

owner of restricted land may, with the approval of the Secretary of the

Interior, voluntarily ocnvey his land to the Port Belknap Community, either

in exchange for a money payment or in exchange for an assignment covering the

same land or other land, as hereinafter provided.

Section 2 . Cornrnunitv Tands . The unallotted lands of the Port Belknap

Reservation, and all lands which may hereafter be acquired by the Fort

Belknap Cbmrnunity, shall be held as Community lands and shall not be allotted

to individual Indians but nay be assigned to members of the Fort Belknap

Oomramity, or leased, or otherwise used by the Community as hereinafter

provided.

11 -

Section 3 . Leasing of Oorrmunitv Lands . Oormunity lands may be leased by the

Community Council, with the approval of the Secretary of the Interior, for

such periods of time as are permitted by law.

In the leasing of Comnunity lands preference shall be given first, to Indian

cattle associations, and, secondly, to individual Indians who are members of

the Port Belknap Oomnunity. No lease of Community land to a nonmember shall

be made by the Oomnunity Council unless it shall appear that no Indian cattle

association or individual member of the Oomnunity is able and willing to use

the land and to pay a reasonable fee for such use.

Grazing permits covering Comnunity land nay be issued by the Oomnunity

Council, with the approval of the Secretary of the Interior, in the same

manner and upon the same terms as leases.

Free grazing privileges covering not to exceed 30 head of cattle or an

equivalent amount of other livestock, may be assigned ''on Comnunity grazing

land by the Comnunity Council, to members of the Community who do not have

any grazing land.

Section 4 . Grant of "Standard" Assignments . In any assignment of Comnunity

lands which are new cwned by the Community or which may be hereafter acquired

for the Oomnunity by the United States, or purchased by the Community out of

Gornnmity funds, preference shall be given to members of the Community who

have no allotted lands or previous assignments of Community lands.

Members of the Community, who at the time of allotment an the Fort Belknap

Reservation accepted a cash settlement in lieu of allotted lands, are

considered as having allotted lands, and no preference will be shewn such

members by reason of their being landless.

No allotted members of the Community who may hereafter have the restrictions

upon his land removed and whose land may hereafter be alienated shall be

entitled to receive an assignment of land as a landless Indian.

The Community Council may if it sees fit, charge a fee of not to exceed

$25.00 an approval of an assignment made under this section.

Assignments made under this section shall be for the primary purpose of

establishing homes for landless members of the Community and shall be known

as "standard" assignments .

Section 5 . Tenure of Standard Assignments . If any member of the Oomnunity

holding a standard assignment of land shall, for a period of two (2) years

fail to use the land so assigned, or shall, after due warning from the proper

Community officials, persist in using such land for any unlawful purpose, his

assignment may be cancelled by the Community Council after due notice and an

opportunity to be heard, and the said land may be reassigned in accordance

with the provisions of Section 4 of this Article.

- 12

Upon the death of any Indian holding a "standard" assignment, his heirs or

other individuals designated by him, by will or written request, shall have a

preference in the reassignment of the land, PROVIDED such persons are members

of the Fort Belknap Gorrmunity who would be eligible to receive a "standard"

assignment.

Section 6 . Grant of "Exchange" Assignments . Any member of the Gorrmunity who

owns an allotment or any share of heirship land may, with the approval of the

Secretary, voluntarily transfer his interest in such land to the Oornnunity in

exchange for an assignment to the same land or other land of equal value. If

the assignee prefers, he may receive, in lieu of a specific tract of land, a

proportionate share in a larger grazing unit.

Assignments made under this section shall be known as "exchange" assignments.

Section 7 . Leasing of Exchange Assignments . Exchange assignments may be

used by the assignee or leased by him to Indian cooperative associations, to

individual merrbers of the tribe, or, if no individual Indian or Indian

cooperative association is able and willing to rent the land at a reasonable

fee, such assignments may be leased to non- Indians, in the same manner as

allotted lands.

Section 8 . Inheritance of Exchange Assignments . Upon the death of the

holder of any exchange assignment, such land shall be reassigned by the

Oornnunity Council to his heirs or devisees, subject to the following

conditions:

(a) Such lands may not be reassigned to any heir or devisee who is not

a member of the Fort Belknap Oornnunity, EXCEP1' that a life

assignment may be made to the surviving widower or widow of the

holder of an assignment.

(b) Such lands may not be reassigned to any heir or devisee who already

: holds more than 1,000 acres of grazing land, or other land or

interests in land of equal value, either under allotment or under

exchange assignment .

too small for convenient management. No area of grazing land shall

be subdivided into units smaller than 40 acres, and no area of

agricultural land shall be subdivided into units smaller than two

and cne-half acres, EXgefj/ that land used for building or other

i mprovements may be divided to suit the convenience of the parties.

Where it is impossible to divide the land properly among the

eligible heirs or devisees, the Gorrmunity Oouncil shall issue to

such heirs or devisees grazing permits or other interests in tribal

1 anris of the same value as the assignment of the decedent.

(d) If there are no eligible heirs or devisees of the decedent, the

land shall be eligible for reassignment in accordance with the

provisions of Section 4 of this Article.

Section 9 . Inheritance of Improvements . Inprovements of any character made

upon assigned land may be bequeathed to and inherited by members of the Fort

Belknap Ocmnunity or otherwise disposed of under such regulations as the

Ctrrrnunity Council shall provide. No permanent inprovements shall be moved

from the land without the consent of the Oornrnunity Council .

Section 10 . Exchange of Assignments . Both standard and exchange assignments

may be exchanged between members of the Fort Belknap Community by cannon

consent in such manner as the Cbnrnunity Council shall designate.

Section 11 . Use of Unassigned Qcrrtmunitv Land . Community land which is not

assigned, including Conminity timber reserves, shall , be managed by the

Cbmmunity Cbuncil for the benefit of the members of the entire Community, and

any rash income derived from such land shall accrue to the benefit of the

Community as a whole.

Section 12 . Purchase of Land bv Community . Available tribal funds may be

used to acquire land under the following conditions:

(a) Hie Fort Belknap Indian Community Cbuncil may, in accordance with

law, purchase land within the Fort Belknap Reservation or adjacent

thereto; and may exchange tribal lands for other lands within the

reservation, subject to the approval of the Secretary of the

Interior or his duly authorized representative.

(b) The Community may purchase any land from its members who desire to

sell to the tribe.

Section 13 . Method of Making Assignments . Applications for assignment shall

be filed with the Secretary of the Council and shall be in writing, setting

forth the name of the person or persons applying for the land and as accurate

a description of the land desired as the circumstances will permit. Notices

of all applications received by the Secretary shall be posted by him in the

agency office and in at least three (3) conspicuous places in the district in

which the land is located for not less than 20 days before action is taken by

the Cbuncil. Any member of the Community wishing to oppose the granting of

an assignment shall do so in writing, setting forth his objections, to be

filed with the Secretary of the Cbuncil, and may, if he so desires, appear

before the Cbuncil to present evidence. The Secretary of the Cbuncil shall

furnish the Superintendent or other officer in charge of the agency a

complete record of all action taken by the Cbuncil on applications for

assignment of land, and a complete record of assignments shall be kept in the

agency office and shall be open for inspection by members of the Community.

- 14

The Council shall draw up one or more forms for standard and exchange

assignments, which forms shall be subject to the approval of the Secretary of

the Interior.

ARTICLE VI - ADOPTION

This constitution and bylaws, when ratified by a majority vote of the

qualified voters of the Fort Belknap Indian Cbnrnunity voting at a special

election called for the purpose by the Secretary of the Interior, PROVIDED .

That at least thirty percent (30%) of those entitled to vote shall vote in

such election, shall be submitted to the Secretary of the Interior, and, if

approved, shall be effective from the date of approval.

- 15 -

CERTIFICATE OF RESULTS OF ELECTION

Pursuant to a Secretarial election authorized by the Deputy Oorrmissioner of

Indian Affairs on July 15, 1993 the Constitution and Bylaws of the

Fort Belknap Indian Cbrrrnunity of the Fort Belknap Reservation of Montana, was

submitted to the qualified voters of the Fort Belknap Indian Oomnunity and

on S eptember 17, 1993 . was duly adcpted/re j ected by a vote of 416 for,

and 150 against, and 21 cast ballots found spoiled or mutilated, in

an election in which at least thirty percent (30%) of the 959 members

entitled to vote cast their ballot in accordance with Section 16 of the

Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended.

Election Board Member

Date:

- 16 -

APPROVAL

virtue of the authority granted to the Secretary of the Interior by the Act

of June 18, 1934 (48 Stat. 984), as amended, and delegated to ms by 230 D.M.

2.4, do hereby approve the Constitution and Bylaws of the Fort Belknap Indian

Oomnunity of the Fort Belknap Reservation of Montana. This Constitution is

effective as of this date; PROVIDED, That nothing in this approval shall be

construed as authorizing ary action under this document that would be

contrary to Federal law.

Ada E. Deer

Assistant Secretary - Indian Affairs

Washington, D. C.

Date:

K']��4]4],Duckwater Shoshone Tribe - 1 Const._djvu.txtUT ��j��jPfrr\d •

wa-

OONSUDJTION AND BILAWS

OF THE

DUCKWAIER SHOSHDNE TRIBE

OF TOE

DUCKWAIER RESERVATION

NEVADA

PREAMBLE

We, the Shoshone Indians residing on lands proclaimed on November 13,

1940, to be an Indian reservation, -which shall be known hereafter as

the IXickwater Reservation, in order to establish a tribal organiza-

tion to conserve our tribal property, to develop our resources, to

administer justice, and to promote the welfare of ourselves and our

descendants, do hereby ordain and establish this Constitution and

Bylaws for the Duckvater Shoshone Tribe.

ARTICLE I -- NAME AND TERRITORY

.cjgf+.-inn 1 . The riamp of this organized body s h all be the IXickwater

Shoshone Tribe.

Sec. 2. Die jurisdiction of the Duckvater Shoshone Tribe shall in-

p~l ni^p nil the territory within the confines of the IXickwater Reserva-

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

shall extend to such other lands as may hereafter be acquired by the

Duckvater Shoshone Tribe or by the United States in trust for said

Tribe.

ARTICLE U — MEMBERSHIP

SectiofKL. Die membership of the Duckvater Shoshone Tribe shall^consi

of the following:

(a)

— V\ ,

lo^

(D)

(cL

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 here-

after for the benefit of the Duckvater^Shoshone Tribe.

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

whose appears on the Carson Agency census 'xif the IXickwater

Shoshone/Thdi ans who applies in writing t o the Duekvater Tribal

cidl 1

CouncflC^KVT^- • — ^^3 ~ ^\rr>cL • ('&«

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

blood born to any member of the Tribe.

Lan

Sec 2 — tte-Ifcital Council shall cancel the jnember-ehip OT any adult

i^i^’who makes application to -sevef r_ his tribal relation, (

thereafter such personjshaTT cease to hold membership in the Tribe.

Sec. 3- The ^ibaToouncil shall

review by the Secretary of the Interior,

subje^- — _ ,

ahd^loss of membership

4 m — governing body

Section 1 Die governing body of the IXickwater Shoshone Tribe of

^e^Duc ^ a ter Reservation^ shall be a council known as the Duckwater

Tribal Council.

Sec. 2. Hie Tribal Council shall consist of five members duly elected

to serve three years, two members being elected each year except tha

every third ye air one sha ll be elected.

Sec 3 Hie Council so organized s h all elect -f ran within its

number ~~(l) a chairman; (2) a vice chairman; and frcm within or without,

(3) a secretary; and (U) a treasurer; and may appoint or employ such

other officers or committees as may be deemed necessary.

Sec k. Hie first election of the Tribal Council hereunder shall be

i.aiip iT held and supervised by the Superintendent of the Carson Agency

and the Constitutional Committee within sixty days after ratification

and approval of this Constitution.

The two candidates receiving the highest number of votes shall hold

office for three years; the two next highest, two years; and the next

hiSest one yearfand they shall hold office until their successors

are duly elected and qualified. After the first election, elections

for the Tribal Council shall be called at least sixty days prior te

expiration of terns of office of the members of the Tribal Council.

Sec. 5. In all elections after the first election, no person shall

be a candidate for membership in the Tribal Council unless he sha

be a member of the Duckwater Shoshone Tribe of the Duckwater Reserva-

tion, and shall have resided on the Reservation for a period of one

year* next preceding the election, and be at least twenty-five years

of age.

Sec.

6. Hie Tribal Council of the Duckwater Shoshone Tribe shall be

the” sole judge of the qualifications of its members

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.

Sec. 3» 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, 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

"Section 1. If a councilman or an official shall die, resign, be'

removed from or recalled frcm office, permanently leave the reserva-

tion, 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^

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

to-

Sec. 2. Die Tribal Council may by four affirmative votes remove any

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.

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 ♦

ARTICLE VI — DUTIES AND POWERS OF TBE TRIBAL CCEJNCIL

Section 1. Enumerated Powers. — lie Duckwater Tribal Council shall

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 Consti-

tution 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 represent-

atives of the Interior Department on all activities of the Department

that may affect the Duckwater Shoshone Tribe.

(b) 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.

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

be authorized or executed by the Secretary of the Interior, the Canmis-

sioner of Indian Affairs, or any other qualified official or agency of

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

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

except for governmental or public service purposes.

(d) To confer with the Secretary of the Interior with regard to

ai 1 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.

(e) To manage al 1 economic affairs and enterprises of the IXickwater

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.

(f ) To promulgate and enforce ordinances, which shall be subject

to review by the Secretary of the Interior, governing the conduct

of members of the Duckwater Shoshone Tribe within the Dickwater

“^Cof assessStsIS the use of tribal privileges and^rty

27S appropriation of available tribal funds for ^c^purposes,

providing for the Ucensing of ^nonma mbers^ omlng^^po ^ nu B i-

TOtiqn ia r fS e thn^clusion“rc^ihe reservation of all persons not so

licensed^ 2d J£S£?£ the establis^ent of proper pennies for

lav enforcement Vi thin the Jurisdiction of the Tribe.

<•>*£,

s-.

(h) To adopt resolutions "n^ten^vith and

SSS’iSS 1 ^ ani to exercise such duties as

2e conferred upon the Council by the Bylavs.

Sec. 3. Future Povera - The ^^^^^0^11

such £ £ SSTteS of tL interior, or any

&TSS 2t2ri2d omciL or agency of the State or Federal

government .

« a tw*>v.«= Anv rights and povers heretofore vested

S^sSS’SlSSTi. »t3. ^the -=%ter Beservation in

r^ressly referred to in ttis ^fS^el^le of the S22ter

BesS^t^S^uS^adopUon of appropriate bylavs and constitu-

tional amendments.

Sec. k. Manner of Beviev. -- toy %v£^£e1£Se2ry

■GTS™ ° f ^f^se n Ld U t22e SuSSent of the

°cL2: SS vithin ten days thereafter, approve

or disapprove the same.

If the Superintendent shall “^ I ^22intend2t°2Ili n trans-

^rsa^^rar^^^se^tTSe Secretary of tie

SlrKo X, vithin^ninety d^s Jra. ^ date Jf

rescind ihe said ordinance or for any

the Council of such decision. “^T^ ^days after its enact-

«-Tvnrnve any ordinance or resolution vitnin ze y ,,

„St, he shall advise the Council of his reasons ^eretor. If ^ese

reasons appear to the Council insufficient, it may, by majority vote,

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 1

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, prefer-

ence fiha.1 1 be given, first, to beads of families who are entirely land-

less and secondly, to heads of families who have received assignments con-

sisting 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.

Sec. 3. If any member of the Tribe holding an assignment of land

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 mem-

ber 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

I ndian Agency. The decision rendered by this Board of appeals shall

t” 0 first mused fall to agree on a

third member, the Ccraniesioner of Indian Affairs shall make the

appointment.

oSr^i-^ ? f J ny . ln ‘ iian holding an assignment, his heirs or

other indii-idnals designated by him by vill or by vritten reguest,

preference in the reassignment of the land, provided

S^ifSblS't” “ B ° f 0,5 Ducinrater Shoshone Tribe L> vould

oe exigible to receive an assignment.

f| C ; h 4 ‘ Applications for assignments shall be filed with the Secretary

001111011 BhaLL ' ** ^ writing, setting forth the name of thT^

S Si ? r fI SO f ^ pplying for the land and as accurate a descriptira

of the land desired as the circumstances will permit. Notices of all

applioations received by the Secretary of the £SXi s£2 X S£

w^b 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 « «l^2nt

S^thi sL ±D . VTiti ^ e '^ ettln € forth his objections, to be filed

before th#» retar ^ r ° Council, and may, if he so desires, appear

xhaii -pS * °S?u ll r t0 present evidence. Die Secretary of the Council

hall furnish the Superintendent or other officer in charge of the

Agency a complete record of all action taken by the Councfl on a^lica-

tions for assignment of land, and a complete record of assignment^ shall

5 S\£be ^ nCy 0ffiCS ^ ^ ^ oPen for inspectiTty

sione^if i ° r ^ Su P erinte ndent may protest to the Ccmmis-

oner of Indian Affairs against the action of the Council on an assign-

ment application within 30 days after such action hAg been tak en Unnn

STS^^AnofT 1 * 8 *' ^ Cco,nisBioner sha H 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

S ^.provided ^ 0,15 0,11,1 "™ ter shai i

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?

ARTICLE IX — REFERENUM

S°V e - lpt °£. a P etition signed by at least ten qualified voters of

^L? 1 f Water Shoshone Tribe, a referendum may be demanded on any

enacted or proposed ordinance or resolution of the Council, andthe

rote of a majority of the qualified voters voting in such referendum

-chan thereafter be conclusive and binding upon the Council.

ARTICLE X — AMENIMENTS

Section 1. This Constitution and Bylaws may be amended by a ma-

jority vote of the qualified voters of the IXickwater Shoshone Tri

of the Duckvater Reservation, voting at an election called for t a

purpose by the Secretary of the Interior; Provided, That at least

30 percent of those entitled to vote shall vote at such election,

but no amendment shall become effective until it shall have been

approved by the Secretary of the Interior.

Sec. 2. It shall be the duty of the Secretary of the Interior to

n ail an election on any proposed amendment upon receipt of a Peti-

tion signed by 25 percent of the qualified voters, members of the

Tribe.

BXLAWS OF THE KJCKWATER SHOSHONE TRIBE

ARTICLE I — DUTIES OF Of-bluEttS

Section 1. The Chairman of the Tribal Council shall preside over

al i meetings of the Council, perform all duties of a chairman, an

exercise any authority delegated to him.

Sec. 2. The Vice-Chairman shall assist the chairman, vhen called^

upon "so to do, and in the absence of the chairman, he shall preside.

When so presiding, he shall have all the privileges, duties and

responsibilities of the chairman.

Sec. 3. The Secretary of the Tribal Council shall conduct all corre-

spondence and keep a complete and accurate record of all matters trans-

acted at Council meetings. It shall be his duty to submit promptly to

the Superintendent of the Carson Indian Agency and the Commissioner of

Indian Affairs, copies of all minutes of regular and special meetings

of the Tribal Council and the Tribe.

Sec. U. The duties of the Treasurer shall be as follows: He shall ac-

cept, receive, receipt for, preserve and safeguard all funds for whic

the Council is acting as trustee or custodian. He shall deposit all

such funds in such bank or elsewhere as directed by the Council, and

he keep an accurate record, filing same in the Council s office,

and he shall report all receipts and expenditures and accounts, and

the nature of all funds in his possession or custody once every six

months to the Council in writing, or at any time he is requested to

do so by the Council. He shall be required to give a bond satisfactory

to the Council and the Commissioner of Indian Affairs. Until the

Treasurer is bonded, the Council may make such provision for the

handling of funds of the Tribe as shn-1 1 guarantee their safety and

pfoper disbursement and use.

Sec. 5 . Newly elected Council members who have been duly certified

shall be installed at the first regular meeting of the Council follow-

ing the election.

Sec. • 6. 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 Hylaws-

Oath: "I, , do solemnly swear that I will support

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 Constitu-

tion and Bylaws . "

Sec. 7« 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. 8 . Special meetings may be called by written notice signed by

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.

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 me m b ers 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 3 be embodied in resolutions. Such resolutions

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

inspection.

Sec. 3. All questions of procedure (such as acceptance of c ommi ttee

reports or invitations to outsiders to speak) shall be decided by

motion of the Council or by the ruling of the Chairman, if no ob-

jection 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 unan-

imous agreement.

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 ha l l have ratified such

Constitution and Bylaws and the Secretary of the Interior shall have

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

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.

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 By la vs 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: November 26, 1940.

F. H. DAIKER,

Assistant to the Commissioner of Indian Affairs

W ashing ton, D. C., November 28, 1940

OSCAR L. CHAEMAN,

Assistant Secretary

CERTIFICATION OF ADOPTION

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

Secretary of the Interior, the attached Constitution and By lavs 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 b al 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

K']��*�h�h)Chippewa Cree Indians - 1 Const._djvu.txtUT ��j��j

CONSTITUTION AND BYLAWS OF THE

CHIPPEWA CBEE INDIANS OF THE

ROCKY BOY’S RESERVATION

MONTANA

UNITED STATES

DEPARTMENT OF THE INTERIOR

OFFICE OF INDIAN AFFAIRS

CONSTITUTION AND BYLAWS OF THE

CHIPPEWA CREE INDIANS OF THE

ROCKY BOY’S RESERVATION

MONTANA

i o

APPROVED NOVEMBER 23, 1935

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1936

CONSTITUTION AND BYLAWS OF THE CHIPPEWA

CREE INDIANS OF THE ROCKY BOY’S RESERVATION,

MONTANA

Preamble

We, the original and adopted members of the Rocky Boy’s Band

of Chippewas enrolled upon the Rocky Boy’s Reservation in the

State of Montana, in order to exercise our rights to self-government,

to administer all tribal affairs to the best advantage of the individual

members, and to preserve and increase our tribal resources, do ordain

and establish this Constitution of the Chippewa Cree Tribe of the

Rocky Boy’s Reservation, Montana.

Article I — Territory

The jurisdiction of the Chippewa Cree Tribe of the Rocky Boy’s

Reservation, Montana, shall extend to the territory within the Rocky

Boy’s Reservation as established b}^ act of September 7, 1916 (39

Stat. 739), amending the act of February 11, 1915 (38 Stat. 807),

in the State of Montana, and to such lands as have been or may

hereafter be acquired and added to the Reservation by law.

Article II — Membership

Section 1 . The membership of the Chippewa Cree Tribe shall

consist as follows:

(a) All members of the Rocky Boy’s Band of Chippewas enrolled

as of June 1, 1934.

(b) All children born to any member of the Chippewa Cree Tribe

of the Rocky Boy’s Reservation who is a resident of the reservation

at the time of the birth of said children.

nonresident member of the tribe.

(d) Any person shall lose his membership if after the adoption

of this Constitution he is away from the reservation for a period

of ten years unless within that period he applies to the Business

Committee for extension of his membership and the Business Com-

mittee acts favorably upon such application. Any extension of

membership shall be construed to include all absentee children

of such member. Likewise, loss of membership by the parent shall

be construed to include loss of membership by his absentee children.

Section 2. Any Indian, one-half blood or more and a resident of

Montana, not a member of any other reservation, may become a

member of this organization provided that two-thirds or more of

the eligible voters cast their ballots at such election, and provided

35740—35 (1)

further that two-thirds of those voting at such election vote in

favor of such adoption. All elections to membership shall be con-

firmed by the Secretary of the Interior.

ArtIi

Article III — Organization of Governing Body

“ ur uuvauuflu B®I /

■ '' ‘ 7 Section 1. The governing body of the Chippewa Cree Tribe shall

be known as the Business Committee.”

Section 2. The Business Committee shall consist of nin4 members,

who shall be known as “Representatives” and chosen from the

districts which they represent.

Section 3. 1 he electoral districts and the representation of each

are designated as follows :

Sf-V 2 representatives.

i "\ 2 representatives.

_ er ~ — r\ 2 representatives.

'Z Duck Greek jl. l representative.

There shall also\be a representative from the reservation at large.

The present Business Committee shall designate the boundaries

of each district pnohto the election of the first Business Committee

as provided in this Constitution, and the Business Committee here-

after shall have the authority to change the boundaries of the dis-

tricts provided that any >such change in districts shall be subject

to approval of the voters at ohe annual election.

Section 4. I he Business Committee so organized shall elect from

within its own number (1) a Chairman, and from within or out-

side of its own number (2) Secretary, (3) Treasurer, and (4) such

other officers and committees as An ay be deemed necessary The

Business Committee shall determin\the term of office for each of

these officials and for any other officials or committees that may be

appointed. / \ •

Section 5. The first election of representatives shall be held within

30 days after ratification, of this Constitution and approval thereof

by the Secretory of the/interior, and shallV called and supervised

by the Superintendent, of the reservation. \

Section 6. The tepfn of office of each representative shall be two

years, except, at tM first election, the term of one of the two repre-

sentatives from /the Sangrey, Haystack, and Parker districts, and

the representative of the Duck Creek District shall expire 14 days

after the first/ annual election held as provided hereafter, and the

term of t hr remaining representatives shall expire 14 days after

the second annual election ; and thereafter, the terS of each repre-

sentative, shall be two years from the date of entrance in office.

Of {he representatives from the Sangrey, Haystack, and Parker

distryto elected at the first election, those receiving the highest votes

shall' serve 2-year terms and those receiving second highest votes

shall serve 1-year terms, unless prior to the first election the present

Rocky Boys Tribal Council shall establish some alternative man-

yfer^if allotting the different terms of office.

, Section 7. The general election of representatives to th\ Business

Committee shall be held annually on the last Saturday in Jufie.

Section 8. Representatives may receive not to exceed $3 per dien \

while attending business meetings paid from available tribal' funds

■J

within the exclusive control of the Business Committee or funds

raised by tribal taxation.

Article IV — Elections and Nominations A**^™^*

Mm Hi

Si^tion 1. Any resident member twenty-one years of age at the ‘

time affection shall be eligible to vote at any general election.

Section 2. General elections of district representative^shall be

by districts^sqnd the Business Committee shall design at^the polling

places for eachsdistrict.

Section 3. AlNmting shall be by secret ballot.

Section 4. Members to be eligible for office^ of representatives

must have the following qualifications :

District Representative must be a member (man or woman) who

has resided two years on hjs or her selection or the selection of his

wife or her husband and within the District two years immediately

prior to election and must be at. feast 2£> years of age. The Represen-

tative at Large must be a member At least 65 years of age.

Section. 5. Any man or womaiC eligible to become a member of

the Business Committee who ^vvfshe\to run for office shall register

with the Secretary of the Business Committee as a candid ate fifteen i

days before^date of election, and a list of^ candidates shall be posted

jhi each. district. 4

Section 6. Each district shall elect its district representatives and

the reservation as a whole shall elect the Representative at Large.

Section 7. The candidate receiving the largest number of votes

shall be elected. ' \

Section 8 . Elected representatives shall enter office fourteen days

from the date oi the general election.

Section 9. All elections shall be held in accordance^ with the rules

and regulations laid down by the Business Committee\ j

Section 10. The Business Committee shall be the sfcfe judge of /

the qualifications of its members. \,

, Article V — Vacancies and Removal From Office

Section Y. I f a representative or official shall die, resign, perma-

nently leave the reservation, or shall be found guiRy of a felony or

misdemeanor involving dishonesty in any Indiap^State, or FederaL

Court, the Business Committee shall declare tire position vacant and\

shall call a district special election to fill^tfch vacancy.

Section 2. The Business Committee lhay by an affirmative vote of '

six members expel any member for neglect^ of duty or gross miscon-

duct provided that the accused member shalHre given full and fair

opportunity to reply tji>^my and all charges aiSa.. designated Com-

mittee meeting. It is further stipulated that any sufchmember shall

be given a written statement of the charges against him^ least five

days^befofe the meeting at which he is to appear.

Article VI — Powers of the Com mitte e

Section 1. The Busi ness Co mmittee of the Chippewa Cree Tribe j/

of the Rocky^i>yVTt^rvation. shall exercise the following powers

subject Jte-^hy limitations imposed by the.^tatutes or the Const itu-

/fion of the United States, and subject further to all express, restric-

tive nnAn such powers contained in this Constitution 4nd the

tions upon

/ attached Bylaws. /

(a) To negotiate with the Federal, State, and local Governments

on behalihof the tribe and to advise and consult with repi^sentatives

of the Interior Department on all activities of the Department that

may affect thk Rocky Boy’s Reservation. j

(b) To empW legal counsel for the protection and /advancement

of the Chippewa\Cree Tribe and its members, the choice of counsel

and the fixing of ijees to be subject to the approval o^ the Secretary

of the Interior.

of tribal lands, interests in lands or other tribal/ 7 assets, including

oil, gas, and minerals\vhich may be authorized Or executed by the

Secretary of the InterioV the Commissioner of Indian Affairs, or any

other official or agency oil Government, provide (j th at no tribal lands

shall ever be sold, encumbered, or leased for a/period exceeding five

years, except for Governmental purposes. /

(d) To advise the Secretary of the Inte/ior with regard to all

appropriation estimates or Vederal projects for the benefit of the

Rocky Boy’s Reservation prim* to the submission of such estimates to

the Bureau of the Budget anckto Congres^s.

(e) To approve applications for selections of land in conformity

with Article VI of this Constitution.

(f) To manage all economic Y ff airs /and enterprises of the Chip-

pewa Cree Tribe, including tribaNands', tribal timber, tribal saw mill,

tribal flour mill, tribal community sj/ore, and any other tribal activi-

ties, in accordance with the terms oYa charter which may be issued to

the tribe by the Secretary of the InArior.

(g) To charter subordinate organizations for economic purposes

and regulate the activities of all cjoopeVtive associations of members

of the Chippewa Cree Tribe, j

(h) To appropriate for pubnc purpdfees of the Reservation any

available tribal funds, provided that anAsuch appropriation made

prior to July 1, 1940, shall be/subject to review by the Secretary of

the Interior. /

(i) To levy taxes upon members of the Chippewa Cree Tribe and

to require the performance/ of community labm* in lieu thereof, and

to levy taxes or license f^es, subject to review\bv the Secretary of

the Interior, upon nonn>embers doing business \vithin the reserva-

tion. /

(j) To exclude frony the restricted lands of the^tocky Boy’s Res-

rin, under ordi-

ecretary of the

ervation persons not /legally entitled to reside thei

nances which shall/oe subject to review by the

Interior.

(k) To enact /resolutions or ordinances not inconsistent with

Article I of thi^/Constitution governing adopting and abandonment

of membershi

(l) To pr(/Oiulgate and enforce ordinances which shall be\subject

to review- b f the Secretary of the Interior governing the conduct of

\ members pi the Rocky Boy’s Reservation and providing fok the

maintenance of law and order and the administration of justice

by establishing a reservation court and defining its duties and

powers.

IMNMNMMMMMMK!

i) To administer all estates and determine heirs m accordance \

witl^orifinances of the tribe which shall be subject^-tfie approval

of the Secretary of the Interior. , , ,•

(n) To encotrrage and foster thearts^^fafts, culture, and tradi-

tions of the ChippeW-Qree Tribe^^ . .. \

(o) To acquire and u^erCpublic purposes any part of a selection \

provided that adcquate^mpensatinn is paid by the Business Com-

mittee to the-hdlder of such selection. ""7 , ,, . •• /

(pi^TCregulate the domestic relations of members of the tribes

(q) To provide for the apointment of guardians for minors anti

mental incompetents by ordinances or resolutions subject to approval

of the Secretary of the Interior. . .

(r) To make rules and regulations governing all elections pro-

vided for in this Constitution. . . _ , . ....

(s) To adopt ordinances governing hunting and fishing within

the confines of the reservation.

(t) To delegate to subordinate boards or to cooperative associa-

tions which are open to all members of the tribe any of the fore-

going powers, reserving the right to review any action taken by

virtue of such delegated power. _ , . ,

Section 2. Manner of review . — Any resolution or ordinance which

by the terms of this Constitution is subject to review by the Secre-

tary of the Interior, shall be presented to the Superintendent of the

Reservation, who shall, within ten (10) days thereafter, approve or

disapprove the same. , ...

If the Superintendent shall approve any ordinance or resolution,

it shall thereupon become effective, but the Superintendent shall

transmit a copy of the same, bearing his endorsement, to the Secre-

tary of the Interior, who may within ninety (90) days from the date

of enactment, rescind the said ordinance or resolution for any cause,

by notifying the Business Committee of such decision.

- If the Superintendent shall refuse to approve any resolution or

ordinance submitted to him, within ten (lO) days after its enact-

ment. he shall advise the Business Committee of thg Rocky Boys

Reservation of his reasons therefor. If these reasons appear to the

Business Committee insufficient, it may, by a majority vote, refer

the ordinance or resolution to the Secretary of the Interior, who may,

within ninety (90) days from the date of its enactment, approve the

same in writing, whereupon the said ordinance or resolution shall

become effective.

Section 3. Future 'powers . — The Business Committee of the Rocky

Boy’s Reservation may exercise such further powers as may in the

future be delegated to the Business Committee by the members of

the Tribe, the Secretary of the Interior, or by any other duly author-

ized official or agency of government, ...

Section 4. Reserved powers— Any rights and powers heretofore

vested in the tribe or band of the Rocky Boy’s Reservation but not

expressly referred to in this Constitution shall not be abridged by

this article, but may be exercised by the people of the Rocky Boy s

Reservation through the adoption of appropriate bylaws and consti-

tutional amendments.

Article VII — Popular Participation in Government

Section 1 . All regular meetings of the Business Committee shall

be open to the public, but visitors may not interfere with proceedings,

and may only speak with the consent of the Chairman.

Section 2. All resolutions and ordinances of the Business Com-

mittee shall be placed in writing and posted in public places, and

copies shall also be placed with each r epre s entat i ve . £

/ 7, f *7 7 ^ Article VIII — Beferendum

Section 1. Upon a petition of at least one-haJi-<rf^^

ters oOhe-ChippPwa Cree Tribe or uponjlie^fequest of a majority

ot the membersoTthes.Business Comniiit^any enacted or proposed

ordinance or resolution of<h^B«Smess Committee shall be submitted

to popular referendunn^aila^^ of a majority of the qualified

voters in such refependum shalibe-^onclusive and binding on the

Committee i _^M^rVicred three-fourths or^ore of the eligible voters

participate in such referendum.

Section 1 . No lands now within the reservation boundary, held

in trust for the tribe, may be alienated nor may title pass to any

individual.

Section 2. Any head of a family who is a member shall be entitled

to the use of not more than 160 acres of land, such land to be known

as u a selection.”

Section 3. Applications for selections shall be presented in writing

to the Business Committee.

Section 4. The applicant shall be investigated by the Business

Committee before action may be taken on his application.

Section 5. The applicant upon approval of application shall re-

side upon selection and do a reasonable amount of improvement for

two years before selection is finally approved.

Section 6. All selections approved by the Superintendent of the

reservation at the time of the approval of this Constitution shall

remain in effect.

Section 7. If any man has allowed his selection to run down, and

has made no effort to keep up improvements and make a reasonable

use of his land, the Business Committee shall have the right to

cancel his selection after due hearing, and to reassign his land to an

eligible member of the tribe provided that such member shall pay

to the former occupant of the land the value of all his improvements

as determined by an appraisal board appointed by the Business

Committee. This valuation of the board shall be subject to review

and modification by the Business Committee upon appeal by the

man who loses his selection. The Business Committee may allow the

man to remain in his house without the use of the land and reassign

the land to any other eligible member.

Section 8 . Tribal lands not assigned as selections may be used in

common for grazing purposes by all members in accordance with

ordinances or resolutions enacted by the Business Committee, or may

( be leased by the Business Committee with the approval of the Sec-

retary of the Interior in accordance with law. Preference shall be

Article IX — Tribal Lands

given, first, to Indian cooperative associations, and, secondly, to

individual Indians who are members of the Chippewa Cree Tribe.

No lease of tribal lands to a nonmember shall be made by the ^

Business Committee unless it shall appear that no Indian cooperative ;

association or individual member of the tribe is able and willing to

use the land and to pay a reasonable fee for such use, provided

no individual member of the tribe or cooperative association shall

be given any perference as to the use of tribal land unless the stock

of such individual member or association is restricted stock and bears

the ID brand.

Section 9. Improvements of any character made upon selections

may be willed to and inherited by members of the Chippewa Cree

Tribe. When improvements are not possible of fair division, the

Business Committee shall dispose of them under such regulations as

it may provide. No permanent improvements may be removed from

any land without the consent of the Business Committee.

Article X — Amendments

May tl. 1*17*—

and Duties or\ ,

Section 1 . This Constitution and Bylaws may be amended by a

majority vote of the qualified voters of the tribe voting at an election

called for that purpose by the Secretary of the Interior, provided that

at least thirty (30) percent of those entitled to vote shall vote in such

election, but no amendment shall become effective until it shall have

been approved by the Secretary of the Interior. It shall be the duty

of the Secretary of the Interior to call an election on any proposed

amendment upon presentation of a petition signed by tw$>thirds of

the efeible voters of the tribe __ * 14 , ..

bylaws

.Section 1. Organization of Business Committee

Omb^rs :

(a) NQie officers of the Business Committee shall be tWChairman, J ,

SecretaryNmd Treasurer, and such other officers as maybe hereaf ten^r

designated oKthe Business Committee. / 7 y

(b) The Chairman, Secretary, and Treasurer shall be elected by^

the Business Committee upon nomination and by secret ballot. ^

first meeting of the Brfeipess Committee pmtil the Chairman has \

been elected and installed.

(d) The Superintendent of\^he respiration shall administer the

Oath of Office to all representati

(e) In the absence of any officej^t a meeting, the Business Com-

mittee shall elect a temporary officer fomthat meeting.

(f) The Chairman of the Committee sh^ll preside over all meet-

ings of the Committee, shall perform all duties of a Chairman and

exercise any authority delegated to him by rhe Committee. He

shall only vote in case ox a tie.

(g) The Secretary :>f the Business Committee sltqll conduct all

tribal correspondence and shall keep an accurate recortiof all mat-

ters transacted ar the business meetings. It shall be his ch*ty to sub

mit promptly/to the Superintendent of the jurisdiction and the Com

missioner pr Indian Affairs copies of all minutes of regular and

special nj

^e tings of the

Business Committtee.

It shall be his duty to have the minutes permanently bound and

ready for inspection at all times. It shall also be his duty to re-

ceive all petitions, applications, and other business papers and pre-

pare same for presentation to the Business Committee.

(h) The Treasurer of the Business Committee shall accept, re-

ceive, receipt for, preserve, and safeguard all funds in the custody

of the Committee whether same be tribal funds or special funds for

which the Committee is acting as trustee or custodian. Checks and

drafts shall be made to Treasurer, Business Committee, and shall be

endorsed for deposit only. He shall deposit all such funds in a bank

or elsewhere as directed by the Committee and shall make and pre-

serve a faithful record of such funds and shall report on all re-

ceipts and expenditures and the amount and nature of all funds in

his possession or custody, such report being made in writing to the

Committee at regular meetings and at such other times as requested

by the Committee.

He shall not pay out or otherwise disburse any funds in his pos-

session or custody or in the possession or custody of the Business

Committee except when properly authorized so to do by resolution

duly passed by the Committee.

All checks shall be signed by the Treasurer and countersigned by

the Secretary, and all checks issued prior to July 1, 1940, shall be

approved by the Superintendent of the Reservation.

The books and records of the Treasurer shall be audited at least

once each year by a competent auditor employed by the Committee

and at such other times as the Committee or the Commissioner of

Indian Affairs may direct. The Treasurer shall be required to give

a surety bond satisfactory to the Committee and the Commissioner

of Indian Affairs. The Treasurer shall be present at all special or

regular meetings of the Committee.

Section 2. Meetings. —

(a) The Business Committee shall hold regular meetings for

business on the last Friday of each month, at nine a. m., at the office

of the Rocky Boy’s Agency. . 1 * 1 .

(b) Special meetings may be called at any time by the Chairman

upon ten hours written notice delivered to representatives.

meeting before the Business Committee may be officially called to

order. Only representatives shall have the right to vote.

(d) In case of the absence of the Chairman, the Secretary shall

act until a temporary Chairman has been elected.

Section 3. Order of business . —

(a) Roll call.

(b) Reading of the minutes of previous meeting.

(d) Secretary to present any bills, requisitions, claims, etc.

(e) Hearing of applications, petitions^ complaints, and other busi-

ness properly coming before the Committee.

(f) Any other business. ,

(g) Adjournment.

Section 4. Manner (ff placing/ business btfoi'e C oimfiittee. —

(a) District representatives snail receive all applications, petitions,

complaintsTetc., whioh must be in written form, originating in their

district, and shall, wherever/possible^/nle same ton days before the

next meeting with the Secretary.

(b) N^oflScial^Cion mavj^taken ojir-ftilyDusiness except as it

shall ge^hroughthe prescribed channel^

Section Procedure for adoption of Constitution and Bylaws . —

(a) This Constitution and Bylaws attached hereto shall be in full

force and effect whenever a majority of the adult voters of Rocky

Boy’s Band of Chippewas voting at an election called by the Secre-

tary of the Interior in which at least thirty percent (30%) of the

eligible voters shall vote, shall have ratified such Constitution and

Bylaws and the Secretary of the Interior shall have approved same,

as provided in Act of June 18, 1934, as amended by the Act of June

15. 1935.

Certification of Adoption

Pursuant to an order, approved October 18, 1935, by the Secretary

of the Interior, the attached Constitution and Bylaws were submitted

for ratification to the members of the Rocky Boy’s Band of Chip-

pewas of the Rocky Boy’s Reservation and were on November 2,

1935, duly adopted by a vote of 128 for, and 23 against, in an election

in which over 30 percent of those entitled to vote cast their ballots,

in accordance with section 16 of the Indian Reorganization Act of

June 18, 1934 (48 Stat. 984), as amended by the Act of June 15,

1935 (Pub. No. 147, 74th Cong.).

John Parker,

Chairman of Election Board.

Malcolm Mitchell,

Chairman of Rocky Boy's Business C ommittee.

Joe Corcoran,

Secretary .

Earl Wooldridge,

Superintendent.

I, Harold L. Ickes, the 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 Chippewa Cree Tribe of

the Rocky Boy’s Reservation.

All rules and regulations heretofore promulgated by the Interior

Department or by the Office of Indian Affairs, so far as they may be

incompatible with any of the provisions of the said Constitution

or Bylaws are hereby declared inapplicable to the Chippewa Cree

Tribe of Rocky Boy’s Reservation.

All officers and employees of the Interior Department are ordered

to abide by the provisions of the said Constitution and Bylaws.

Approval recommended November 15, 1935.

John Collier,

Commissioner of Indian Affairs.

Harold L. Ickes,

Secretary of the Interior

Washington, D. C.,

November 23, 1935.

K']$[Y�7:7:Crow Tribe - 3 Const._djvu.txtUT ��j��jPnr'.erAecl

CONSTITUTION AND BYLAWS

of the

CROW TRIBAL COUNCIL

PREAMBLE

The Crow Tribe, of Indians, in an effort to enforce the respect

of their "basic human, constitutional and treaty rights, do hereby re-

establish the Crow Tribal Council to represent, act and speak for the

Crow Tribe in any and all tribal matters, and to promote the general

welfare of the Crow Tribe, do adopt the following constitution and

bylaws for the conduct of Crow Tribal matters in conjunction with the

lawful right of the Bureau of Indian Affairs to conduct same.

Article I

The Crow Tribal Council shall be composed of the entire member-

ship of the Crow Tribe.

Article II

The council shall elect every two (2) years, in conformity to

its rules of procedure, a Chairman, Vice-Chairman, Secretary and

Vice -Secret ary. The Chairman shall have no vote unless there he a

tie vote before the council. The election for these officers shall

he held the second Saturday of May every other year after May ,

then the first election shall be held under this constitutional change

Officials are to assume their duties July 1, after election.

Article III

Any duly enrolled member of the Crow Tribe , except as herein

provided, shall be entitled to engage in the deliberations and

voting of the council, provided the females are 18 years old an

males 21 years.

Article IV

All nominations for officers of the council and any other tribal

matter before the council shall be by voice, standing, hand-raising

o? secret Sllot, as the council shall elect at each of its meetings.

A n 1 n "\ 7

Article VI

The Powers, .Duties, and Functions of the Council:

1. The council shall establish its own rules of procedure.

2. Meetings. There shall be regular tribal council meetings

held each year on the second Saturday of January, the second Saturday

of April, the second Saturday of July, and the second Saturday of

October, and as many additional meetings shall be held as tribal

business may require. All meetings shall be called by the Chairman

and the Committee.

3 . Notice of meetings and agendas. It shall be the duty of

the Secretary, or in his absence, the Vice -Secretary of the Crow

Tribal Council to give notice of all tribal council meetings of the '

Crow Tribe in writing for a period of at least seven days prior to

each meeting date. Notices shall be posted at one public place in

each district of the reservation, and at the Agency Headquarters, and,

where possible, in the local newspapers and by radio broadcast. Notices

in addition to the date, time and place of the meeting, shall list in

numerical order the business to come before the tribal council meeting.

No business shall be transacted at the meeting unless it has been

included in the public notice. Copies of proposed resolutions or other

business to be considered shall be furnished to the elected district

representatives by the Tribal Secretary seven ( 7 ) days prior to meeting

dates.

4. Items of business. Agenda of the tribal council meeting shall

include all items required by the (l) Tribal Chairman and committee,

(2) Superintendent of the Crow Agency, and ( 3 ) any petition duly signed

by 100 qualified voters. All requests to the Chairman and committee

for a general council meeting shall be in writing and shall clearly

state the nature of the business to be presented before the general

council.

5 . If the Commissioner of Indian Affairs desires to present any

matter to the council for its action, such request shall be presented

in writing to the Chairman or the committee, who shall as herein

provided, advertise such request as provided, and set the date for the

council sessions.

6 . Except where otherwise specified in this constitution and

bylaws, decisions of the council shall be by a simple majority of the

vote cast.

7 . The council shall perform the duties assigned to it under this

constitution and bylaws and shall have such powers in addition to those

expressly conferred on it thereunder as may be necessary to achieve its

effective operation and to realize its objective.

8. All matters presented and coming "before the Crow Tribal

Council to he voted upon by the members of the Crow Tribe shall be

decided and determined by a simple majority vote.

9. There shall be a committee composed of two (2) members

from each of the Six Districts of the Crow Reservation and two (2)

members from off -the -reservation Indians elected for a term of two

(2) years, in accordance with the tribal council's rules of proce-

dure, to act as an executive committee to work with the officers

under the general direction of the council. The first election of

these committee merfbers shall be held within 30 days from and after

adoption of this constitutional amendment, and all subsequent elections

to be held the second Saturday of the month of May at 2-year intervals

on alternate years from the tribal officials election. Each district

shall select its own election judges from within said district whose

expenses shall be paid from tribal funds. The results of such

elections shall be final and conclusive.

10. The Crow Tribe, through the Crow Tribal Council, shall have

the power to levy, assess and collect taxes and license fees upon

non-members of the Crow Tribe doing business' within the boundaries of

the Crow Indian Reservation, subject to review by the Secretary of

the Interior.

Article VII

Status and Functions of the Council:

1. The Crow Tribal Council is the voice of the Crow Tribe.

2. The Crow Tribal Council is the medium, the body, the tribal

organization through which the Crow Tribe speaks to the government

and the general public.

3. The Council, representing the entire Crow Tribe, shall voice

the opinions, wishes, sentiment, hopes and decisions in any and all

tribal matters for the Crow people to the Congress and the Interior

Department, by resolutions and through tribally elected delegates who

shall, under instructions of the council, proceed to Washington or

elsewhere to present in person such decisions and their own arguments

and appeals in support thereof as the council shall direct by majority

vote .

4. Subject to existing federal law which endows the Congress

with plenary powers over the Indians in their tribal state, and which

in turn passes such authorities down the line to the Secretary of

Interior and the Commissioner of Indian Affairs, who by regulations

based upon acts of the Congress, control the management of Indian

Affairs subject to const itutional limitations. The Crow Tribal Council,

without legal status as such, but being the mouthpiece and the voice of

the Crow people, will from time to time call to the attention of the

Congress its views and wishes with respect to the administration of its

rights, property and affairs by the Bureau of Indian Affairs.

5 . Because of existing law governing Indian administration "by

the Congress herein pointed out, the Crow Council admits its limited

authority in the administration of its own tribal matters, "but also,

understanding the constitutional limitations of the government in

this same field, the Crow Tribal Council will sponsor all legislation

with state, federal and local governments on behalf of the Crow Tribe,

and will, through tribal council resolutions and elected delegates

and representatives, consult with and otherwise deal with representa-

tives of the department of the government of the United States on all

matters affecting the, interests of the Crow Tribe.

6. The Crow Tribal Council, which encompasses the entire member-

ship of the Crow Tribe, so far as the Crow people are concerned, shall

be supreme in determining by a majority vote of those attending, any

course of action taken which is designed to protect Crow tribal

interests.

7 ; The American system of "majority rule" used in the Congress

of the United States shall prevail in the decisions of the Crow

Tribal Council in regularly called and duly assembled conventions, and

its majority decisions shall be conclusive and binding over the losing

minority.

8. The Bureau of Indian Affairs, being a part of the United States

Government, shall in no wise interfere directly or indirectly through

its field representatives or agents with the deliberations or decisions

of the Crow Tribal Council. The council, existing tinder the legal

handicaps herein pointed out, belongs to the Crow Tribe only, and not

the government, and as such will make its decisions without Indian

Bureau interference or advice, inasmuch as the Indian Bureau, under the

broad powers in Indian administration conferred upon the Congress and

the Indian department by both the Congress and the courts, can and does

nullify Indian tribal council actions the country over when same takes

issue with its own views. However, the Crow Tribal Council, regardless

of same, hereby reserved unto itself the right to initiate moves look-

ing to the protection of the Crow tribal rights and interests under their

treaties and under the American constitution guaranteeing all basic

human rights to all who live under the American flag, and to the equal

protection of the laws of our country.

9. The Crow Tribal Council in a duly called session will decide

the manner of voting, whether by districts or in the council itself or

whether by secret ballots in the districts or in the council, and on

this issue the local Indian Bureau representatives will have no voice

whatsoever - the council reserves this right unto itself.

10. Every member of the Crow Tribe, outside of the exception herein

provided for, shall have equal opportunities to discuss any and every

question of tribal concern before the council, and to participate,

without interference, in all votes taken upon any such questions.

Article VIII

SECTION I: - This Constitution and Bylaws shall he amended by a

majority vote of* the qualified voters of the Crow Tribe voting at

an election called for that purpose by the tribal council, provided

that no amendment shall become effective until it shall have been

approved by the Commissioner of Indian Affairs or his authorized

representative .

SECTION II: All eligible tribal members may vote at such duly

called elections. The enactment of rules and procedure for conduct-

ing such an election shall be the responsibility of the tribal

council. The tribal council shall enact an election ordinance.

AND BE IT FURTHER RESOLVED, that the above listed changes are

those which the tribal council wishes to make in the present Crow

Tribal Constitution and shall do so regardless of any or all other

resolutions or provisions, and if other resolutions or constitutional

changes are in conflict with the above state rules, they shall be

henceforth repealed, rescinded and expunged- from the records.

A-OUck I x A~~X<L

II-IS-C, 6

BYLAWS

Article I

Duties of Crow Tribal Council

Section 1. The Chairman of the Council shall preside over all

meetings of the Council, perform sill duties of the Chairman and

exercise any and all authority detailed "by the Council, and shall "be

entitled to vote only in case of a tie.

Section 2. The Vice-Chairman shall assist the Chairman when

called upon so to do; in the absence of the Chairman, shall preside

and vhen so presiding shall have all the privileges, duties, and

responsibilities of the Chairman.

Section 3. The Secretary of the Council shall forward a copy

of the minutes of. all the meetings to the Superintendent of the

Reservation, and the Commissioner of Indian Affairs, and the Regional

Director, and shall conduct all correspondence of the Council and

shall keep all records and minutes of the meetings , records as to

expenditures and allotment of tribal gratuitous and other funds over

which the Council has sole charge.

Section 4. The duties of all appointed special committees or

officer of the Council shall be clearly defined by resolutions of the

Council at the time of their creation or appointment. Such committees

and officers shall report from time to time as required to the Council

and their activities and decisions shall be subject to review of the

Council.

Section 5. Regular and emergency meetings of the Crow Council

shall be held on call of the Chairman at Crow Agency, Crow Agency,

Montana.

Section 6. No business shall be transacted unless a quorum of

100 is present.

Section 7. Order of business:

(a) Call to order by Chairman

(b) Reading of minutes of last meeting

fd) Reports

(e) New business

( f ) Adjournment

Section 8. It shall be the duty of the Chairman of the Council

to duly notice all tribal council meetings of the tribe for a period

of at least seven (7) days prior to such meeting date, for decisions

of the Crow Tribe affecting the sale or lease of tribal property, or

of legislative matters affecting the Crow Tribe.

Section 9. A salary is to "be paid to each officer or member of

the Crow Tribal Council when serving as an authorized delegate as

follows :

Within the State of Montana $10.00 per day

Outside the State of Montana, with the

exception of trips to Washington, D. C. ......... 15*00 per y

To Washington, D. 25. 00 per day

In addition to the above scale of salaries a per diem is to be

paid each officer 05 member of the Crow Tribal Council, computed in

accordance with the U. S. Government Travel Regulations and in

addition transportation via rail, air or personal car, whichever is

administratively determined to be in the best interest of the Crow

Tribe.

Approval

Resolution No. 31 adopted February 3, 1955, approved by letter

to the Chairman of the Crow Tribal Council from Commissioner Glenn L.

Emmons dated March 18, 1955*

Article II

Ratification of Constitution and Bylaws

This Constitution and the attached Bylaws, when adopted by a

majority of those attending District Councils called to vote on

accepting a Constitution and Bylaws shall be binding upon the Crow

Tribe .

CERTIFICATE OF ADOPTION

Pursuant to the Constitutional election held on June 24, 1948,

this Constitution and Bylaws of the Crow Tribal Council of Montana,

was adopted by a vote of 295 for and I30 against in an election m

which 425 votes were cast.

red)'

.owtail

■Robert

Chairman ,

Tribal Council

(Signed)

George Hogan, Sr.

Secretary, Tribal Council

(Signed)

L. C. Lippert, Crow Agency

APPROVAL

This Constitution and Bylaws, having been proposed and ratified

by the members of the Crow Tribe on June 24, 1948, at a referendum,

is herewith approved.

✓

(Sgd) William Zimmerman, Jr.

William Zimmerman, Jr.

Assistant Commissioner

Washington, D. C.*, May 23, 1949

V~\

K']l@��/�/GShoshone and Arapaho of Wind River Const and By-laws 10.7.1938_djvu.txtUT ��j��j

CONSTITUTION AND BY-LAWb FOR GOVERNING THE

INDIANS OF THE WIND RIVER RESERVATION, WYO.

L- We ’ the Sh °s h °ne Arape hoe Indiana of the Wind River Reservation in

order to administer the affairs of out reservation for our best interests for

the protection of our rights, to promote progress, to provide for our gen-

eral welfare and that of our posterity, do ordain and establish this Con-

stitution of the Wind River Reservation, State of Wyoming.

W “> the Indiana of the Wind River Reservation, have formulated the

following rules and duties for the governing of our affairs through what

known fit the Shoshone and Arapahoe Business Council.

Section I .

A. ouen Council is to consist of six members duly elected from each

tribe, and must be regularly enrolled member, of each tribe. They

must be residents of this reservation, past twenty-one vears of

age, and of good character. The Council members shall be elected

from their respective tribes.

B. Duties of the Husines, Council. The Superintendent is authorized

to call meetings whenever he deems it necessary; also, the Chair-

man of the joint councils may call special meetings upon the written

request of three council members, or fifty members of the tribe

AU newly elected members must take oath of office and be installed

ac the first called meeting in January following election.

Council members of each tribe ere to elect by secret ballot one of

‘ t !J^ C S9 ^ halnafln for a P^iod of six (6) months, after

d > y Rl ® Ct ° d can be reelected, or another member

ly elected to take over che duties as chairman. The chairmen

are. to serve at alternate Joint meetings. The Superintendent of

the Reservation shall preside over the first meeting of the newly

* * d C ° unc ri« until the Chairman of each Council is chosen. As

lr rv r * elertedl the Superintendent will yield the

-hflir to either of the two chairmen ho designate*.

ini TStlr ^ ^ o* , T onducCed in an orderly manner and accord-

ing to the usage of Parliamentary law.

O^T ft V; ^ h ! meecin « 8 are c ° b « k epc by a dark of the Agency

tlkln in y / Superintendftnt . *«ch minutes are to be'

thi R H r° Vm ?f * transcrl P c an < 1 copies furnished members of

to cS“ o“”, ■'t4 h ! " COr ' »y ch. Superintendent

others a, rh! Cr ?! Affairs at Washington, D. C., and such

others as the Council may request. Whenever the chairman wishe.

q ° e ^. lon> h * request the Superintendent to pre-

side over the meeting until such vote is teken . F

It i. endet.tood thet .11 ttiP.l bu.ln... tr.n.ect.d «,« b . doo „

th u °h a / eSfliOP ° f the Bustnc * s Council in the Council Hall at

the Wind River Agency, Fort Washakie, Wyoming. Before a aeetlno

U “ tha,: tour “” b *”

All .neasurea, except amendments, acted on by the Council must be

approved or rejected by a majority vote of those members present.

Council member s are expected to attend meeting, regularly. Absence

or a member trow the Council meetings three consecutive times with-

out excuse sufficiently acceptable to the majority of hi. respective

council will terminate hie tenure of office. F.acn council has auth-

ority to appoint a qualified manlier of its tribe to fill a vacancy

occurring through death, resignation, or dismissal. ^

By a majority vote of the members of his Council at a joint Council

meeting a member can be dismissed if the charges are preferred be-

cause oi law violations or misconduct.

D. The dates for any religious ceremony are to be set ov the Business

Council of each tribe.

The Council shall have power to appoint all social and dancing

committee. . These committees are to be recognised by Che members

of the tribes. Each council shall hava power to remove any member

or members of such cownleteea whose conduct i, not reflecting credit

to their respective tribe.

t. The Business Council, In session, is authorised to formulate under

the By-law.,, , U ch minor rules and orders as may be deemed necessary

from time to time, to carry out a good constructive business program.

Section II - Duties of the Tribal Members and Elections:

To uphold and enforce all actions and decisions of the joint Busi-

ness Council In ail tribal matters. The tribes may voice their

objections if measures are not acceptable, such as 251 (twenty-five

per cent) of the qualified voters making a written protest with

reasons, in which case the Council must offer such issues for a

vote of the people, according to lav.

Any and all ambers Q f both tribes are welcome to attend all regular

Council meeting, for their general information as an audience but

is ^ivL V a*™< ^ Cha P rc ^ eadi *S*. ftxc apt that a member of the tribes

is given permission by the chairmen of the Council meeting Co .peak

* “ ° £ 15 (flft “ n) °» *°> Si.-

The tribe 1 laesakere

Council on tribe! 1

Council member may

et e meting.

have the privilege of contacting members of the

mttars when the Council is not in session A

cell upon any member of the tribe for information

B .

emiAwt .11 i ^f 11 Ann<Kmc * cl » elections and shall

jnduct election. according to law. Voting shall be by secret

Official election precinct* ere: Fort Washakie, Wyo., Burris, Wyo.,

Ethete, Wyo., and Arapahoe, Wyosdjag. Honlnatlons shall he ande by

the Districts as follows: Burris 3, Fort Washakie, 15, Ethete 9

sod Arapahoe 9.

Qualified voters must be enrolled iiaebari of the Shoshone and

Arapahoe tribes of this reservation and over the age of twenty-

one years of age.

Frinnry elections ere to be held on the second Monday in October

previous to general elections for the nominations of candidates for

election to serve at memb ers of the Business Council. The 12

(twelve) candidates in each tribe receiving the. highest votes in

the primaries have the nomination as candidates at the general

election.

General elections will be held on the second Monday in November

beginning on the second Monday in Hovanber 1938, and every second

year thereafter, for the election of new Council masters of eech

tribe to aerve for a tern of two years on tha Shoshone and Arapahoe

Council*

Eech election precinct shell be presided over by the District

Farmers of the U. S. Indian Service.

Section III -- Business Prog ran end objectives:

A. To set up protective measures to guarantee the pursuit of happiness

and to safeguard tha ecoaooic interests of tha Shoshone snd Arspahce

Indiana ; to protect then in their tribal customs so Indians, snd

to offer such guarantees as to freedom in religious worship that

might be Jeopardized otherwise, due to their segregation as Indiana

to formulate end introduce plena for social, educe t lone 1 and economic

programs for the advancement end betterment of living conditions

affecting the Shoshone end Arapahoe people.

oot ofch «wiss cared for by this Constitution

and By- laws will be dealt with by the general council.

wttlcinntly Urge to take cere

of the needs of tboas Indiana who are anxious to build homes- also

IIZZ? :;r~r b, L lo r ** m

»up4m£i. lB ° r<kr that *' “ ny *• 5K> * 8ibl * **y becaem self-

All applicant, for reimbursable loans, before they can secure «

loan <»der this reimbursable plan, must furnish evidence that they

have fully satisfied all their previous loans.

U >: *.» »

;.i / i

- i

i*ff' f

La^ Acquisition: To make it possible for our landless Indiana to

obtain r.iaburMblt loan, fro* tha bank to acquira lands on which

to build a boon and for fanning purposes, offering tba land ao

purchased aa security for tha repayment of tba loan. Ho loan for

thia purpoaa to ba in axcaaa of $600.00. It ia reccxmaended that

la*;4a obtainad for thia purpoaa ba hairahip laada wharavar poaaibla

in ordar to simplify our hairahip situation. An hair bavin- « Q

interest in a aultabla hairahip allotment can hava firat prafaranca

in buying th« Allotmnt undtr thig rAlnbursAbiA plan if ba go

daairaa. All propoaad purchaaaa oust ba thoroughly invaatigatad

by tha Agancy official, bafora tha loan ia granted.

An equal maaber of loan# ara to ba granted to each tribe.

If purchaaar of thia land naglacta or rafuaaa to aaka hia pay-

manta under hia r*i*buraabla agreement and falla behind nor a than

« year os aaid payments, it ia racoaaended that tha * nr with

tha coeaant of tha Business Council rataka tha land and W rrn f i

and turn it ovar to another landlaaa IadUn for tha payments due.

On a maximum loan it ia recoaaaended chat tba reimbursable payments

extand evenly over a period often (10) years. It la recommended

that 31 (three per cant) intarast be charged on thoaa loana for

land purchases in ordar that a fund ba craatad and that aaid fund

ao creatad ba used only for tha ralief of indigent Indiana.

In the event of $50,000 revolving reimburaable fund being eatab- .

liahed, it la recoomanded that not ovar $15,000 be outstanding on

loana for acquisition of land, at any one time.

U ia further reccmended that members of tha Business Council pass

on all applications for reimburable loans on tha raiaburaabia bank.

afid^fn^h Pr °* r *“ : J* propo ** d that * of $5,000 ba eat

aside for tha purpose of asking raiaburaabia loans to prcaiaina

young Indian, for higher and woc.tiomal educational purpoaa.. A

7t X £Z. a “ZST?* ° £ 9200 00 for «oy ooa individual,

it being understood that thoaa securing thia class of loan, make re-

cour*«» taken* tfa ® lr * U “" 8r v ® c * tlo « , » ®° d upon completion of tha

or ** nltatlon » of • tribal naeura ara aubjact

o tha review by /tha recoeaeanda Clone of tha Businass Council.

And

tL‘.’ tb r to b. Ufon-d .t .11

l*ea on tha leading phases of tha Departments of Has 1th Flrunr*

Sauc.rto. ».lf.r., a££uJ.

Irrigation, Unda and leases, Boa da, Industry Foreatrv *.*dr/'r m

and the Law and Ordar tasulatione L.77.JL' ** CCC-ID,

ioch .X TTS.'SinSt'S'

ch. .<talnt.tr.tlo. of the., v.rtoo, tap.rta.nto, for cbo b«n.fltof

Ch« S hog bon* Add ArmpAhoA ptopla.

'w'

H. It shall be the policy of the Business Council to guard carefully

the tribal rights ani property; to conserve the natural resources

of this reservation and to direct their usage alot^ lines of de-

velopment and for the greatest good; to retain tribal Lands in

tribal ownership, sod to restore to tribal ownership lands that

have been lost through alienation or sales.

Section IV -- Amendments:

Amendments to this Constitution nay be proposed by two-third (2/3)

of Che Business Council in joint session, or on the application in

vtttlng of 25X (twenty-five per cent) of the qualified voters of

this reservation. A nesting shall be called by the Business Council

for considering proposed amendments which shall be voted upon by

the tribes of this reservation. An eaMndment or amendments shall

becoma a valid part of this Constitution whan ratified by a special

election called for that purpose or at a general election, both

upon thirty (3C) dey notice.

Section V -- By-laws:

This Constitution snd By-laws for governing the Indians of cba

Wind River Reservation has been considered end revised ss re-

quested snd is signed below by the cosaaittee appointed to draft

seme this twelfth day of April, 1938. It is recommended to our

respective Councils for adoption.

Signed: Irene Meade, Shoshone Robert Friday, Arapahoe

Lynn St. Clair, Shoe bone Bruce Groesbeck, Arapahoe

Adopted this 27tfc day of September 1938, by the Shoshone and

Arapahoe Business Councils in session at Fort Washakla, Wyoming,

in accordancn with motion appearing is tbs transcript of the minutes.

I, Frances Wallses snd R. A. Cramer, clerks of the meeting, attest

to the correctness of the above instrument as one actually passed

and adopted by the business councils of the Shoshone amd Arapahoe

Ii&diene.

S/ Frances Wallace 3/ R. A Cre—r

Subscribed in my presence snd sworn to before me at Fort Washakla

Wyoming this 7th dav of October 1938.

My Commission Expires Jan. 7. 1939.

S/ Louis Bicsualnacr,

McrtaryPublic

* *' . .

K']:\ ��v�v Fort Belknap - 2 Const._djvu.txtUT ��j��jCONSTITUTION AND BYLAWS

of the

FORT BELKNAP INDIAN COMMUNITY

of the

FORT BELKNAP RESERVATION

OF MONTANA

(Including Amendments)

PREAMBLE

We, the duly enrolled members of the Fort Belknap Reservation in the

State of Montana, in order to secure to ourselves and our descendants

the management of our own affairs, and to perpetuate this reservation

as an abiding place for the members of this community, do establish

this constitution of the Fort Belknap Indian Community.

ARTICLE I - OBJECTIVES

It shall be the object of the Fort Belknap Indian Community:

(a) To establish and maintain, with the aid of the Federal

Government, a form of home rule that shall promote the advancement and

welfare of the Indians of the Fort Belknap Reservation.

(b) To establish and enforce such rules as may be necessary to

safeguard Indian property for the use of present and future generations.

and future generations, lands needed for home and livelihood.

ARTICLE II - TERRITORY

The jurisdiction of the Fort Belknap Indian Community shall extend to

all lands nov contained within the Fort Belknap Reservation, and to

any lands that may in the future be added thereto.

ARTICLE III - MEMBERSHIP

Section 1 . Original Members of Community . Every living person whose

name appears on the allotment roll of the Fort Belknap Reservation

prepared and approved pursuant to the Act of March 3, 1021 (41 Stat. 1355),

shall be entitled to membership in the Fort Belknap Indian Community.

Sec. 2 . Descendants of Allottees . Each person of one-fourth (1/4) or

more Indian blood, regardless of residence, born heretofore or hereafter

to any member or descendant of a member of the community whose name was

or is on the allotment roll of the Fort Belknap Reservation prepared

and approved pursuant to the Act of March 3, 1921 (41 Stat. 1355), shall

automatically be entitled to membership in the community.

Sec. 3 . Adoption . The community may by a majority of the votes cast

by the members of the community, adopt as a member of the community

any person of one -eighth (1/8) degree or more Indian blood who is a

descendant of a member of the Fort Belknap Community and/or an allottee:

Provided, that any person to be eligible for adoption must have resided

at least three (3) consecutive years upon the Fort Belknap Reservation,

and provided further, that such person has not received membership in

any other tribe of Indians .

Sec. 4 . Loss of Membership . In no case shall a member lose his

membership other than by personal request in writing to the community

council, or by reason of his having established legal residence in a

foreign country.

S ec. 5 . Definition . Wherever the term "Indian blood 11 is used in this

article it shall be determined to mean the blood of either or both

the Assiniboine or the Gros Ventre Tribe of the Fort Belknap Reservation.

Sec. 6 . Current Membership Roll . The membership roll of the Fort

Belknap Indian Community shall be kept current by striking therefrom

the names of persons who have relinquished in writing their membership

in the community or have established legal residence in a foreign

country and of deceased persons upon receipt of a death certificate or

other evidence of death acceptable to the community council, and by

adding thereto the names of persons who meet the membership requirements

and who comply with the procedures for enrollment as members of the

community.

Sec. 7 . Appeals . Any person who has been rejected for enrollment as

a member of the community, except those rejected under section 3, shall

have the right to appeal within 60 days from the date of written notice

of rejection to the Secretary of the Interior from the decision of the

community council, and the decision of the Secretary of the Interior

shall be final.

Sec. 8 . Rules of Procedure . The community council shall have the

authority to prescribe rules to be followed in compiling a membership

roll in accordance with the provisions of this article, the completed

roll to be approved by the Fort Belknap Community Council, and in case

of distribution of community assets, the roll shall be submitted to the

Secretary of the Interior for final approval.

(Article III amended in its entirety by Amendment II, approved January 19,

1959.)

ARTICLE IV - ORGANIZATION OF COMMUNITY COUNCIL

Section 1 . Composition . The community council shall be composed of

twelve (12) members, six (6) of whom shall be chosen every second year

by popular vote. Each candidate for councilman shall pay a filing fee

of $10.00.

Sec. 2 . Apportionment . Representation of the community council shall

consist of six Gros Ventre and six Assiniboine members, who shall be

apportioned among the districts according to the population of the

members of the two tribes in the respective districts. The actual

enumeration shall be made prior to July first of each election year.

Sec. 3 . Tenure. At the first election under this amendment, the three (3)

Gros Ventre and three (3) Assiniboine members receiving the highest num-

ber of total votes shall be elected for a four (4) year term of office,

and the three (3) Gros Ventre and three (3) Assiniboine members receiving

the next highest number of total votes shall be elected to a two (2) year

term of office; thereafter, the members of the community council shall

be elected to serve for a period of four (4) years and may succeed

themselves as often as reelected.

Sec. 4 . Officers . The officers of the community council shall consist

of: President, vice president, secretary-treasurer, and these officers

shall be chosen by the council when properly convened. Officers shall

be elected from the council membership.

(Article IV amended in its entirety by Amendment IV, approved December 31,

1964.)

ARTICLE V - POWERS OF THE COMMUNITY COUNCIL

Section 1 . Enumerated Powers . The council of the Fort Belknap Community

shall have the following powers, the exercise of which shall be subject

to popular referendum as provided hereafter:

(a) To negotiate with the Federal, State and local governments

on behalf of the community and to advise and consult with the represent-

atives of the Interior Department on all activities of the Department

that may affect the Fort Belknap Community.

(b) To employ legal counsel for the protection and advancement

of the rights of the community and its members, the choice of counsel

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

the Interior.

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

be authorized or executed by the Secretary of the Interior or his duly

authorized representative, provided that no community lands shall ever

be sold or encumbered, but may be leased for any purpose for periods

consistent with existing law. (Section 1(c) amended by Amendment V,

approved December 31, 1964.)

(d) To submit through proper Government channels recommendations

for the expenditure of Federal funds for tribal support, reimbursable

assistance, reservational improvements, health, education, and other

necessary activities looking toward the advancement of the members of

this community.

(e) To borrow money from the Federal Government in accordance

with the terms of a corporate charter to be issued to the Fort Belknap

Indian Community.

(f) To manage the economic affairs of the community and to appro-

priate available funds for public purposes.

(g) To assess fees against members of the community or their

property to obtain funds for payment of expenses of the community council

or for carrying on any project that in the council f s opinion may be

beneficial to the community as a whole. Provided, however, that any

district, not directly benefited by any project under contemplation,

may by a majority vote of the people of the district, exempt itself

from such assessment. In case of dispute as to whether a certain district

is benefited by a given project, any party may appeal to the Commissioner

of Indian Affairs for a final determination.

(h) To exclude from the territory of the community persons not

legally entitled to reside therein under ordinances which shall be subject

to review by the Secretary of the Interior.

(i) To establish ordinances, subject to review by the Secretary

of the Interior, governing law enforcement on the reservation, and to

set up courts for the trial and punishment of offenders against such

ordinances, in cases that do not fall within the jurisdiction of the

Federal Court.

(j) To purchase land of members of the community for public pur-

poses, under condemnation proceedings in courts of competent jurisdiction.

(k) To prohibit the overgrazing of lands or other depletion of the

capital or natural resources of the community by ordinances which shall

be subject to approval by the Secretary of the Interior.

(l) To establish ordinances relating to the assignment, use, or

transfer of tribal lands within the jurisdiction.

(m) To regulate the inheritance of real and personal property,

other than allotted lands, within the territory of the community.

(n) To charter subordinate organizations for economic purposes

and to regulate the activities of all cooperative associations of

members of the community.

(o) To regulate the domestic relations of members of the community.

(p) To provide for the appointment of guardians for miners and

mental incompetents by ordinance or resolution subject to review by the

Secretary of the Interior.

(q) To make recommendations to the Superintendent or the Commissioner

of Indian Affairs or the Secretary of the Interior concerning the appoint-

ment and removal of employees assigned to duties on the Fort Belknap

Reservation.

(r) To appoint subordinate boards and tribal officials, and to

provide for the popular election of subordinate district councils, and

to delegate to such boards, councils, or officials or to cooperative

associations which are open to all members of the community any of the

foregoing powers, reserving the right to review any action taken by

virtue of such delegated power.

(s) To promulgate ordinances, subject to review by the Secretary

of the Interior, providing for the assessment and collection of license

fees from nonmerbers doing business, or obtaining any other special

right or privilege within the reservation, including townsites therein.

(Subsection l(s) added by Amendment I, approved February 7, 1S44.)

Sec. 2 , M anner of review . Any resolution or ordinance which, by the

terms of this constitution, is subject to review by the Secretary of

the Interior, shall be presented to the Superintendent of the reserva-

tion, who shall, within ten days thereafter, approve or disapprove the

same .

If the Superintendent shall approve any ordinance or resolution, it

shall thereupon become effective, but the Superintendent shall transmit

a copy of the same, bearing his endorsement, to the Secretary of the

Interior, who may within 90 days from the date of enactment, rescind

the said ordinance or resolution for any cause, by notifying the com-

munity council of such recission.

If the Superintendent shall refuse to approve any resolution or ordinance

submitted to him, within ten days after its enactment, he shall advise

the community council of his reasons therefor. If these reasons appear

to the council insufficient, it may, by a majority vote, refer the ordi-

nance or resolution to the Secretary of the Interior, who may, within

90 days from the date of its enactment, approve the same in writing,

whereupon the said ordinance or resolution shall become effective.

Sec. 3 . Future Powers . The council of the Fort Belknap Community may

exercise, subject to popular referendum, such further powers as may in

the future be delegated to the community by the Secretary of the Interior,

or by any other duly authorized official or agency of government.

Sec. 4 . Reserved Powers . Any rights and powers heretofore vested in

the tribes of the Fort Belknap Indian Community but not expressly referred

to in this constitution, shall not be abridged by this article, but may

be exercised by the people of the Fort Belknap Community through the

adoption of appropriate bylaws and constitutional amendments.

ARTICLE VI - INITIATIVE AND REFERENDUM

Whenever a matter of great importance comes before the council the council-

men shall, by resolution duly passed, submit the matter to the vote of

the people?. If they do not so agree to submit the question, any two mem-

bers of the council, or one hundred members of the community, may within

thirty days after the vote of the council, call such a popular referendum,

but no councilman shall call more than two referendum elections during

any calendar year. When a referendum election has been called, the ques-

tion to be voted on shall be posted at the voting places for at least

ten days prior to the election. The notice shall contain the ordinance

or resolution to be voted on with the accompanying words: "Shall the

ordinance (or resolution) be approved. Yes ( ). No The will

of the majority of those voting shall be the law, provided at least

one-third of the eligible voters actually vote.

ARTICLE VII - ELECTIONS

Section 1 . Right to Vote . All members of the community of either sex,

21 years of age or over, are entitled to vote at any election when he

or she presents himself or herself at any polling place on the reserva-

tion. The election of all councilmen shall be submitted to the entire

electorate of the community.

Sec. 2 . Time of Elections . Elections of membership on the community

council shall be held the first Tuesday in November of every second year.

Duly elected councilmen will take office on the first Monday of January

of the succeeding year. At the first election under this amendment,

the six (6) councilmen duly elected for a period of two (2) years shall

serve until the Monday of January 1968, and the six (6) councilmen

duly elected for a period of four (4) years shall serve until the first

Monday of January 1970.

Sec.. 3 . Manner and Place of Elections . Elections shall be taken by

ballot, and polling places in each district shall be established by

the council. The council shal l anoint three election judges to serve

at each polling place for each eT^c^^tl, and the judges shall certify

the results of the election.

Sec. 4 . Nominations . Candidates for election to membership on the

community council shall give public notice of such intention at least

30 days prior to the election date and at the same time file with the

secretary of the council a certificate of such intention endorsed by

five duly qualified electors other than immediate relatives.

(Sections 1 and 2 of Article VII amended by Amendment VI, approved

December 31, 1964.)

ARTICLE VIII - REMOVAL FROM OFFICE

Section 1 . Forfeiture of Office . Any member of the community council

who shall be absent from three consecutive regular meetings of the council,

unless such absence shall be excused for cause, or who shall be convicted

of any offense involving dishonesty, shall automatically forfeit his office.

(

V P

Sec. 2 . Impeachment . The council may expel a member for cause by a

two- thirds vote, after due notice of charges and allowing an opportunity

to be heard.

Sec. 3 . Vacancies . When vacancies happen in the representation from

any district, the president of the council shall issue a writ of elec-

tion to fill such vacancies. At least thirty days' notice of such

election shall be given.

ARTICLE IX - AMENDMENTS

This constitution and bylaws may be amended by a majority vote of the

qualified voters of the community voting at an election called for that

purpose by the Secretary of the Interior, provided that at least 30 per-

cent of those entitled to vote shall vote in such election; but no

amendment shall become effective until it shall have been approved by

the Secretary of the Interior. It shall be the duty of the Secretary

of the Interior to call an election on any proposed amendment, at the

request of the council, or upon presentation of a petition signed by

one-third (1/3) of the qualified voters, members of the community.

BYLAWS

of the

FORT BELKNAP INDIAN COMMUNITY

of the

FORT BELKNAP RESERVATION

OF MONTANA

ARTICLE I - DUTIES OF OFFICERS

Section 1 . President . It shall be the duty of the president to preside

at all meetings of the council and to direct the work of its officers.

He shall appoint such standing committees as are provided for in the

bylaws and constitution and such temporary committees as the business

of the community may require. He shall issue all necessary writs for

regular or special elections, setting dates, place of polling, cause

due notices to be posted, and in other ways perform any and all duties

devolving upon his office with diligence and dispatch.

Sec. 2 . Vice President . The vice president shall preside at any meeting

of the council from which the president is absent, and in the event of

the death of the president or his resignation or removal from office,

he shall serve the remainder of the term as president.

Sec. 3 , Secretary- treasurer . The secretary- treasurer shall conduct

the correspondence of the community council, shall keep all records,

minutes of meetings, roster of members, records as to expenditures and

allotments of tribal, gratuitous, or other funds over which the council

has sole charge. He shall keep an accurate record of all members of

the community, prepare necessary resolutions for appropriate action

by the council; he shall prepare or cause to be prepared by such assistants

as are assigned to him by the president, such reports or registers as

the president or council may direct. He shall be required to give bond

acceptable to the community and the Commissioner of Indian Affairs.

ARTICLE II - QUALIFICATIONS OF OFFICE

No person shall represent the community on the council unless he is a

duly enrolled member of the community who has attained the age of twenty- five

years, and who has never been convicted of a major crime.

ARTICLE III - SALARIES

The councilmen shall receive as compensation for their services not to

exceed $3.00 per day while in session, and a mileage fee of five cents

per mile for travel from their home to place of meeting and return.

Expenses shall be paid from tribal funds. The community council may

fix salaries of officers or committeemen.

ARTICLE IV - MEETINGS AND PROCEDURE

Section 1 . Regular Meetings . The community council shall assemble on

the first Monday of every month.

Sec. 2 . Special Meetings . A special meeting may be called upon two

days' notice by the president or by any four members of the council.

/ Sec. 3 . Quorum . A majority of the members shall constitute a quorum

to do business. ~

Sec. 4 . Rules of Order . The council may determine the rules of its

proceedings and may punish its members for disorderly behavior.

Sec. 5 . Place of Meetings . The official meeting place of the community

council shall be at the agency headquarters unless otherwise agreed.

Sec. 6 . Disqualification for Interest . Nc member of the council shall

cast a vote on any question in which he may have a personal pecuniary

interest .

ARTICLE V - LAND

Section 1 . Allotted Lands . Allotted lands, including heirship lands,

within the Fort Belknap Reservation shall continue to be held by their

present owners as heretofore. It is recognized that under existing

law such lands may be condemned for public purposes, such as roads,

public buildings, or other public improvements, upon payment of ade-

quate compensation, by any agency of the State of Montana or of the

Federal Government, or by the tribe itself. It is further recognized

that under existing law such lands may be inherited by the heirs of

the present owner, whether or not they are members of the Fort Belknap

Community. Likewise it is recognized that under existing law the

Secretary of the Interior may remove restrictions upon such land, upon

application by the Indian owner, whereupon the land will become sub-

ject to State taxes and may then be mortgaged or sold to non-Indians.

The right of the individual Indian to hold or to lose his land, as under

existing law, shall not be abrogated by anything contained in this con-

stitution, but the owner of restricted land may, with the approval of

the Secretary of the Interior, voluntarily convey his land to the Fort

Belknap Community, either in exchange for a money payment or in exchange

for an assignment covering the same land or other land, as hereinafter

provided .

Sec. 2 . Community Lands . The unallotted lands of the Fort Belknap

Reservation, and all lands which may hereafter be acquired by the

Fort Belknap Community, shall be held as community lands and shall

not be allotted to individual Indians but may be assigned to members

of the Fort Belknap Community, or leased, or otherwise used by the

community as hereinafter provided.

Sec. 3 . Leasing of Community Lands . Community lands may be leased by

the community council, with the approval of the Secretary of the Interior,

for such periods of time as are permitted by law.

In the leasing of community lands preference shall be given first, to

Indian cattle associations, and, secondly, to individual Indians who

are members of the Fort Belknap Community. No lease of community

land to a nonmember shall be made by the community council unless it

shall appear that no Indian cattle association or individual member

of the community is able and willing to use the land and to pay a

reasonable fee for such use .

Grazing permits covering community land may be issued by the community

council, with the approval of the Secretary of the Interior, in the

same manner and upon the same terms as leases.

Free grazing privileges covering not to exceed 30 head of cattle or an

equivalent amount of other livestock, may be assigned on community

grazing land by the community council, to members of the community who

do not have any grazing lands.

Sec. 4 . Grant of "Standard" Assignments . In any assignment of community

lands which are now owned by the community or which may be hereafter

acquired for the community by the United States, or purchased by the

community out of community funds, preference shall be given to members

of the community who have no allotted lands or previous assignments of

community lands.

Members of the community, who at the time of allotment on the Fort

Belknap Reservation accepted a cash settlement in lieu of allotted

lands, are considered as having allotted lands, and no preference will

be shown such members by reason of their being landless.

No allotted members of the community who may hereafter have the restric-

tions upon his land removed and whose land may hereafter be alienated

shall be entitled to receive an assignment of land as a landless Indian.

The community council may if it sees fit, charge a fee of not to exceed

$25.00 on approval of an assignment made under this section.

Assignments made under this section shall be for the primary purpose

of establishing homes for landless members of the community, and shall

be known as "standard" assignments.

Sec. 5. Tenure of Standard A s signments . If any member of the community

holding a standard assignment of land shall, for a period of two years

fail to use the land so assigned, or shall, after due warning from the

proper community officials, persist in using such land for any unlawful

purpose, his % assignment may be cancelled by the community council after

due notice and an opportunity to be heard, and the said land may be

reassigned in accordance with the provisions of section 4 of this article.

Upon the death of any Indian holding a "standard" assignment, his heirs

or other individuals designated by him, by will or written request, shall

have a preference in the reassignment of the land, provided such persons

are members of the Fort Belknap Community who would be eligible to

receive a "standard" assignment.

Sec. 6. Grant of "Exchange 11 Assignments . Any member of the community

who owns an allotment or any share of heirship land may, with the

approval of the Secretary, voluntarily transfer his interest in such

land to the community in exchange for an assignment to the same land

or other land of equal value. If the assignee prefers, he may receive,

in lieu of a specific tract of land, a proportionate share in a larger

grazing unit .

Assignments made under this section shall be known as "exchange" assignments.

Sec. 7. Leasing of Exchange Assignments . Exchange assignments may be

used by the assignee or leased by him to Indian cooperative associations,

to individual members of the tribe, or, if no individual Indian or

Indian cooperative association is able and willing to rent the land at

a reasonable fee, such assignments may be leased to non-Indians, in

the same manner as allotted lands.

Sec. 8. Inhe ritance of Exchange Assignments . Upon the death of the

holder of any exchange assignment, such land shall be reassigned by

the community council to his heirs or oevisees, suDject to the following

conditions :

(a) Such lands may not be reassigned to any heir or devisee who

is not a member of the Fort Belknap Community, except that a life

assignment may be made to the surviving widower or widow of the holder

of an assignment.

(b) Such lands may not be reassigned to any heir or devisee who

already holds more than 1,000 acres of grazing land, or other land or

interests in land of equal value, either under allotment or under exchangj

assignment .

units too small for convenient management. No area of grazing land shall

be subdivided into units smaller than AO acres, and no area of agricultural

land shall be subdivided into units smaller than two and one-half acres ,

except that land used for building or other improvements may be divided

to suit the convenience of the parties. Where it is impossible to

divide the land properly among the eligible heirs or devisees, the com-

munity council shall issue to such heirs or devisees grazing permits

or other interests in tribal lands of the same value as the assignment

of the decedent.

(d) If there are no eligible heirs or devisees of the decedent,

the land shall be eligible for reassignment in accordance with the

provisions of section A of this article.

Sec. 9 . Inheritance of Improvements . Improvements of any character

made upon assigned land may be bequeathed to and inherited by members

of the Fort Belknap Community or otherwise disposed of under such

regulations as the community council shall provide. No permanent

improvements shall be moved from the land without the consent of the

community council.

Sec. 10 . Exchange of Assignments . Both standard and exchange assign-

ments may be exchanged between members of the Fort Belknap Community

by common consent in such manner as the community council shall designate.

Sec. 11 . Use of Unassigned Community Land . Community land which is

not assigned, including community timber reserves, shall be managed by

the community council for the benefit of the members of the entire

community, and any cash income derived from such land shall accrue to

the benefit of the community as a whole.

Sec. 12 . Purchase of Land by Community . Available tribal funds may

be used to acquire land under the following conditions:

(a) The Fort Belknap Indian Community Council may, in accordance

with law, purchase land within the Fort Belknap Reservation or adjacent

thereto; and may exchange tribal lands for other lands within the

reservation, subject to the approval of the Secretary of the Interior

or his duly authorized representative.

(b) The community may purchase any land from its members who

desire to sell to the tribe.

(Sec. 12 amended in its entirety by Amendment III, approved November 9,

1960.)

Sec. 13 . Method of Making Assignments . Applications for assignment

shall be filed with the secretary of the council and shall be in writing,

setting forth the name of the person or persons applying for the land

and as accurate a description of the land desired as the circumstances

will permit. Notices of all applications received by the secretary shall

be posted by him in the agency office and in at least three conspicuous

places in the district in which the land is located for not less than

20 days before action is taken by the council. Any member of the com-

munity wishing to oppose the granting of an assignment shall do so in

writing, setting forth his objections, to be filed with the secretary

of the council, and may, if he so desires, appear before the council

to present evidence. The secretary of the council shall furnish the

Superintendent or other officer in charge of the agency a complete

record of all action taken by the council on applications for assign-

ment of land, and a complete record of assignments shall be kept in

the agency office and shall be open for inspection by members of the

community .

The council shall draw up one or more forms for standard and exchange

assignments, which forms shall be subject to the approval of the

Secretary of the Interior.

ARTICLE VI - ADOPTION

This constitution and bylaws, when ratified by a majority vote of the

qualified voters of the Fort Belknap Indian Community voting at a

special election called for the purpose by the Secretary of the Interior,

provided that at least 30 percent of those entitled to vote shall vote

in such election, shall be submitted to the Secretary of the Interior,

and, if approved, shall be effective from the date of approval.

(Original document approved by Secretary of the Interior on December 13,

1935.)

K']!�I��D�D)Chippewa Cree Indians - 4 Const._djvu.txtUT ��j��jyj + r LLf »■*

uo.io

I iUO UU / 0005

C 1 DiLLli'VJJ

UUD.1L

Iad-Qfg»

;.||| IgV.. , ..'_£’

4£J V V i. ' V J. V

,. . . :: : r.r^^ m ?i

■ si , *2r; . •

My iwr liteA. ;rL£ j j;|j& > .- Z* A *-■.'

In accardsace withn^ttert^s*^^ XWS by the'Bddty

Boy's Tribal Cornell* sad yjrsuj^^rBertioa, IS of the Indian. Beorsanlxa-

tioa Art cfJcna 13, 1954 (48 Sta£:3^}i-;aa ^ctlmi ls horobj called

to be halALca SoveiBbar 8* 1955^- -ftr.:t£o. porpos* of c B ah Hug tha qualified

▼oters, afhBoeicy Bey 4 # Bead of ffldpp 1 ^^ Reservation

to to to oa/'the adopt load: a proposed looastltotloa and by-laws; la such

election. dtaajority. vote of the rtnlt:|fedlasfl actual l y Toting shall be

necessary for adoption, provided hhrt.^the total Tote cast shall be aot

less than SO per cert efthose eatitlriL tO Tote*

fhw election. is tOhe eomtcct^.^ e with Bales sad Regula-

tions for 'the Bolding of Sleet loss undMithe Indian Reorganisation Act

of June IB, 1954. A copyof vv^'ral^m<5. regulations Is transmitted

A copy of the proposed. cons^itrtiia,8n4 & also trt^saltted

and copisa?cf this ars to- he filrtribrr^ 'by-.eaiilcyeee: : of the Indian

Serrica and by- re jaresaatstiTer -rf - ' theVrlhs ;t» ;• any voter-requesting aaaa

prior to the election, i The enclosed- copy ccof eras to the draft aubnitted

by a duly appointed eonrtltrtlcsal r «koRd.ttae^ except that minor corrections

of i«ngpage hare been Beds*-.: ' ^C-.\ j*:.-.-

As soon as the election. ha#>een and the results ascertained

pursuant to the rules end-'regixiirtlbj^ .'election, the constitu-

tion and by-lsxs, If adept a$L a$9i^ : to thfca Office for final

approml, together rtth'jnftcriificrt ,f<tt c io s ed/;ffrm executed by

the proper-tribal and-rwnra&c^ to the reaults

of such election*'-.: -r^— ' -

froa the'

became effective

HJLSS HKD B3SUL1SI0BS FOR T3S 5DLDIH0- 0 T

BLBCTIOHS IMDHS TH5 IHDIAK H2QRQASTZA?Ig? ACT OP

JDB18, 1524 (43 ST&T. 8B4)

1 BjgttjM an the adopt! oh of Const! tut ions cs& Constitutional t uesd-

mats*

Section 16 of the Indian Reorganisation Act of Tone 18, 1954

(AS Start. 984), reads in part es follows:

"lay Indian Trite, or tribes, residing an the ease

reservation shall have the right to organize for

its ctaangn welfare, and may adopt an appropriate

constitution and bylaws, which shall beoome effec-

tive when ratified by a majority vote of the adult

mashers of the tribe, or of the adult Indiana re-

siding on such reservation, as the ease say be, at

a special election authorized and called by the

Secretary of the interior under sueh rules and

reflations as he say prescribe. Such constitution

and bylaws when ratified as aforesaid and approved

by the Secretary of the Interior shall be rerokable

by an election open to the same voters and conducted

in the same wanner as herein above provided, Amend-

ments to the constitution and bylaws say be ratified

and approved by the secretary in the same a/craiftr as

the original constitution end bylaws."

By the Act of June IS, 1955 (Pub. So, 147 - 74th Cong.) Section 16

has been modified. Said act provides that

•In any election heretofore or hereafter held under

the Act of Tune 18, 1934 (48 stat. 984) on the

question of excluding a reservation from the applica-

tion of the said Act or the question of adopting a

constitution and bylaws or roan Agents thereto or on

the question of ratifying a charter, the vote of a

majority of thoee actually voting shall be necessary

and sufficient to effectuate sueh exclusion, adoption,

or ratification, provided, however, That in each in-

stance the total vote east shall be not less than 30

per centum of those entitled to vote."

In accordance with the foregoing acts, and with the solicitor's

Opinion (£-27810) , app r o re d December 13, 1954, on 12 questions of

construction raised by the Act of June 18, 1954, the following rules

and regulations are hereby prescribed for the h o l d in g of elections

under section 15 of said Act;

U4/ ^1/ 4

uo : 13

U4UD 0 3/ 0 3 D o

D I A D 1 LL 1 i> \jO

DiA 1MDAL

1> Jho DepartBent Till cooperate with end offer ite advice and

assistance to any authorised tribal council or representative committee

of an In d ian tribe, or tribes, or of the adult Indians residing on a

particular reservation, in the drafting of a constitution and bylaws.

,£ft election on the adoption of such constitution and bylaws will be

felled by the Secretary of the interior, upon request by the tribal

council or any authorised representative eonaittee.

S. Constitutions and bylaws may be adopted by a traditionally

recognized I n di an tribe, or tribes residing on the same reservation,

or by the adult Indians residing on a reservation as such. The Indian

Reorganization Act contenplatee two distinct and alternative types of

a tribal organization. In the first place, it authorizes the members

°f a tribe (or of a group of tribes located upon the as&e reservation)

to organize an a tribe without regard to any requirements of residence.

In the second place, this section authorizes the residents of a single

reservation (who may be considered a tribe for purposes of organization

under section 19} to organize without regard to past tribal affiliation.

3. When the members of sn Indian tribe, or tribes residing on

the ssae reservation, shall vote in sn election on a proposed consti-

tution and bylaws, the following rules ah*!! determine the eligibility

of voters in such election:

(a) Any masher of the tribe, or tribes, «fawn be

entitled to vote, regardless of whether or not he

is a resident of the reservation ait the time of

such election.

(b) Descendants of ambers, although not enrolled

as ambers of the tribe, or tribee, be entitled

to vote, if recognized as ambers of the tribe, or

tribes. Any person omitted from the tribal rolls,

through accident or mistake, shall likewise be en-

titled to vote, if recognized as a amber of the

tribe, or tribes.

shall be entitled to vote.

(d) Ho person who has abandoned his tribal sember-

ahip shall be entitled to vote, even thought, he may

be enrolled as a member.

(e) Hon-reeident ambers nay vote by absentee ballot.

A ballot will be sent upon request to each such amber

in suffieimt time to permit him to execute and return

ease on or before the date of the election. The ballot

oust be sworn to before a notary public, or other of*

ficial authorized to administer oaths, and oust be

re tamed in a sealed envelop e marked on the oat Bide

• Non-resident Ballot. Proper records shall he kept

of all such ballots sent out, to «te sailed, date

of mailing, addressee of the voters, end of all eueh

ballots returned, free whoa received, and time of

receipt. Absentee ballots shall not be counted un-

til all other ballots are counted and no ballot re-

ceived after the polls have closed shall be counted.

4. ghsa the adult T»a**rw reel ding on a reservation shall vote in

an election on a proposed constitution and bylaws, the following rules

shall determine the eligibility of voters in each election:

{a} Any Indian residing on the reservation shell be

entitled to vote, regardless of his marbership in any

tribe.

(b) No person shall be entitled to vote unless he is

a resident of the reservation, but no person shall be

deprived of the right to vote by reason of hie tempor-

ary absence from the reservation.

voting ghgii be permitted In the manner prescribed in

section 5 (e) of these rules and regulations.

5* No person be entitled to vote in any election on the

adoption of a proposed constitution and bylaws unless he has reached the

age of 21 years.

6. She re «heii be an Slection Board consisting of the Superintend-

ent of the reservation and representatives of an authorized council or

comittee of the Indians, whose duty it shall be te conduct the election,

end to enforce and execute these rules and regulations.

7. The Slection Board compile a list of voters, which shall

be posted at^tha agency office and at various other public places through*

out the reservation at lea st 10 days trior to the election, copies of ouch

lists arranged according to voting districts, ah a. 1 1 also be made, for the

purpose of checking off eaeh ness as his or her ballot is cast, and of

determining, in the event of any question, the right of any individual to

vpte. Baeh district shall be supplied with a list of those voters who will

cast their ballots within that district.

B. The slection Board shall determine any cl a im as to the right of

any person not listed to vote, as well as any ch all enge to the rl^it to

vote of any person who is listed, and the findings of such Board shall be

final. She Slection Board shall fix a date, not leas than five days before

the election, at which time all complaints will be heard and passed upon.

- 5 -

9* Sot less than twenty (20), nor more than sixty (60), days’

so ties shall be gives of the calling of an election.

10. posters in the English, infliwa or other appropriate languages

is the discretion of the Superintendent, shall be distributed asosg the

Indians, notifying thai of the election, and 1 be posted at the agency

office and at various other public places throughout the reservation.

Absentee members shall be notified by circular of the aftiHng of the

election, end shall receive instructions as to the proper manner of vot-

ing therein.

U» Official ballots for the election will be furnished by the

Commissioner of fadies Affairs. These ballots should bo counted an re~

ceipt thereof and should be carefully guarded at wi 1 tlmea.

12 . Mimeographed copies of the proposed constitution ana bylaws

shall he distributed to every eligible voter requesting same prior to

the election.

13. Toting districts shall be delimited throughout the reservation,

by the Election Board, a polling place be designated for each

district, the choice of which i be based upon the needs and eonven~

lance of the Indians, in all cases, unless there are strong reasons to

the contrary, the regular voting pleees where elections are usually

s hal l be the polling places for the election, places where state and

county elections, in which the Indians participate, are usually held,

may be chosen ub polling places for the election. There possible, voting

equipment should be borrowed f r oa the local authorities.

14. The polls shall remain open from 8:00 A.K. to 6:00 Pl£., unless

different hours are agreed to in advance, and the Indians ere notified

thereof.

18. The Election Board shall appoint a Judge, clerk, and teller for

each district. The duties of these officials shall be to see that the

same of each person voting ia on the approved list, that his name Is

cheeked off as his ballot is cast, and that the ballot is individually

executed. It shall be the further duty of these officials at the elos4

of the polls to count the ballots, return than to the boxes, lock and '

mark the boxes, and an the evening of the election day turn over the

certified election returns of the district, the ballot boxes, a list of

those voting, and ell unused ballots, to the Superintendent. Throughout

the Toting the ballot boxes shall be kept locked, and after the voting

be opened only long enough to permit the counting of the votes.

16. Interpreters nay be provided to explain the execution of the

ballot to such Indians as may need instruction. Assistance may be pro-

Tided for those unable to execute their own ballots, but all necessary

precautions be taken to insure that the voter is not influenced

ia easting his ballot.

17* There shall be no electioneering within 200 feet of the vot-

ing place while the polls are open.

IS. The Election Board shall canvass the returns from the various

voting districts, and shall certify the result of the election to the

Office of Indian Affaire. The result of the election i be posted

at the agency office and at other public places on t he reservation for

the inf ona&t ion of the Indians, a telegraphic report should be mde to

the Indi an Office imaadlately after tha result of the election 1b deter-

mined. Ballots and other election materials should be kept by the

Superintendent end should be placed under lock and key for one year in

the evant of any protest or order for recount.

19. (a) Election on the adoption of amendments to an approved

constitution and bylaws shall he called as provided In said constitution

and bylaws, and shall be conducted in the Banner prescribed in these

rules end regulations, except where modified in said constitution and

bylaws as to voting districts, eligibility of voters, and the Banner of

holding election.

(b) Elections for the ratification of charters of incorpor-

ation:

section 1? -of the Indian Becrganizati on Act of June IS, 1934,

(48 Stat. 984} reads in part as follows:

•The Secretary of the Interior may, upon petition by

at least one-third of the adult Indians, issue a

charter of incorporation to such tribe; Provided,

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

K ']1�8�C�C� Fort Belknap - 1 Const._djvu.txtUT ��j��j

Text

K']1�8�C�C� Fort Belknap - 1 Const._djvu.txtUT ��j��j