# K ']1�8�C�C� Fort Belknap - 1 Const._djvu.txtUT ��j��j > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aarapahoe_wind_river%3Ab211f84cf454b997 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text PK K ']1�8�C�C� Fort Belknap - 1 Const._djvu.txtUT ��j��j 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 OF 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 . (c) To obtain for all Indians of this Oorrrnunity, of the present and 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. (c) TO approve or veto any sale, disposition, lease or encumbrance of tribal lands, interests in lands or other tribal assets which may be authorized or executed by the Secretary of the Interior 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 - (C) If the subject of the recall offers his or her resignation, it 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 OF 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 .r 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 * t 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 . (c) Such lands may not be subdivided among heirs or devisees into units 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 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: PK 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 2 ARTICLE 17 — NOMINATIONS AND ELECTIONS Section 1 . Die Tribal Council or an election board appointed by the Council shall determine rules and regulations governing all elections. Sec.- 2. All elections shall be by secret ballot. 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. 3 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. (c) To approve or veto any sale, disposition, lease or encumbrance of tribal lands, interests in lands or other tribal assets which may be authorized or executed by the Secretary of the Interior, the 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 k “^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, 5 .5 refer the ordinance or resolution to the Secretary of the Interior, who may, within ninety days from the date of its enactment, approve the same in writing, whereupon the said ordinance or resolution shal 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 6 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 7 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 8 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. 9 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. 10 AH rules and regulations heretofore promulgated by the Interior Department or by the Office of Tnfli «n Affairs, 60 fax as they may be incompatible with any of the provisions of the said Constitution and 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 «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 3 ■J O o 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- i /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. (c) To approve oXveto any sale, disposition, leas$ or encumbrance 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. j 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. 6 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-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. ^ (c) The Superintendent of the reservatiotf^shall preside at the \ 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. 8 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. (c) A quorum of seven representatives shall be present at any 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. (c) Treasurer to report business transactions. (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. 9 O pT (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. o PK 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. 2 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. 3 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. b 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 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. is 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. C. 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 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. A. 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*™ 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 * 8ibl * **y becaem self- All applicant, for reimbursable loans, before they can secure « loan : *.» » ;.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 $5,000 ba eat aside for tha purpose of asking raiaburaabia loans to prcaiaina young Indian, for higher and woc.tiomal educational purpoaa.. A 7t X £Z. a “ZST?* ° £ 9200 00 for «oy ooa individual, it being understood that thoaa securing thia class of loan, make re- cour*«» taken* tfa ® lr * U “" 8r v ® c * tlo « , » ®° d upon completion of tha or ** nltatlon » of • tribal naeura ara aubjact o tha review by /tha recoeaeanda Clone of tha Businass Council. And tL‘.’ tb r to b. Ufon-d .t .11 l*ea on tha leading phases of tha Departments of Has 1th Flrunr* Sauc.rto. ».lf.r., a££uJ. Irrigation, Unda and leases, Boa da, Industry Foreatrv *.*dr/'r m and the Law and Ordar tasulatione L.77.JL' ** CCC-ID, ioch .X TTS.'SinSt'S' ch. . .- Z* A *-■.' In accardsace withn^ttert^s*^^ XWS by the'Bddty Boy's Tribal Cornell* sad yjrsuj^^rBertioa, IS of the Indian. Beorsanlxa- tioa Art cfJcna 13, 1954 (48 Sta£:3^}i-;aa ^ctlmi ls horobj called to be halALca SoveiBbar 8* 1955^- -ftr.:t£o. porpos* of c B ah Hug tha qualified ▼oters, afhBoeicy Bey 4 # Bead of ffldpp 1 ^^ Reservation to to to oa/'the adopt load: a proposed looastltotloa and by-laws; la such election. dtaajority. vote of the rtnlt:|fedlasfl actual l y Toting shall be necessary for adoption, provided hhrt.^the total Tote cast shall be aot less than SO per cert efthose eatitlriL tO Tote* fhw election. is tOhe eomtcct^.^ e with Bales sad Regula- tions for 'the Bolding of Sleet loss undMithe Indian Reorganisation Act of June IB, 1954. A copyof vv^'ral^meen and the results ascertained pursuant to the rules end-'regixiirtlbj^ .'election, the constitu- tion and by-lsxs, If adept a$L a$9i^ : to thfca Office for final approml, together rtth'jnftcriificrt ,f \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. (c) &o person, not 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. (c) In elections conducted under this section absentee 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, That such charter shall not become operative until ratified at a special election by a majority vote of the adult Indians living on the reservation.***" 20. Elections on the ratification of a charter of incorporation issued to any organized tribe by the secretary of the interior, pursuant to section 17 of the I" 3 **” Reorganization Act, eh all be conducted in the manner prescribed is these rules and regulations, except as modified by sections 21, 22, 23 hereafter. Ho tribe may incorporate until it has adopted a constitution and bylaws, approved in accordance with section 1ft of the ladies Reorganization Act* 21* The following rules shall determine the eligibility of the signers on any petition for a charter: (a) shea the mashers of a tribe, or tribes, residing on a reservation, have organised under a constitution and bylaws, any member of the tribe, or tribes, may- sign such petition. (b) Rhen the adult Twdigna residing on a reservation have organized under a constitution and bylaws, any 6 - 04/21/94 08:20 0406 657 6559 B I A BILLINGS BIA TRIBAL SVC @008/010 per 9011 entitled to Tote an the adoption of such, con- stitution end bylaws may si go, each, petition.. (See section 4. ) 22* It s hall be the duty of the Superintendent, together with a ecaamittee representing the Indians organized, under the constitution and bylaws, to check the petition as to whether those who sigi are eligible to do so within the language of the act these regulations. 23. In any election on the ratification of a charter of incorpor- ation, the following roles shall determine the eligibility of Totaro in such election: (a) When, the mashers of a tribe, or tribes, residing on a reservation, have organised under a constitution and bylawB, any resident umber of the tribe or tribes may Tote in such election. Ho person shall be deprived of hie right to vote by reason of his tasporery absence from the reservation. (b) When the adult Indians residing on a reservation have organised under a constitution and bylews, any person entitled to vote on the adoption of said consti- tution and bylaws shall be entitled to vote on the ratification of the charter. (See eeetion 4.) /&/ william, sicsaaman, Jr* Assistant Canmissioner. Approved; August 20, 1935 (Sgd.) Harold L* lakes secretary of the interior. 04/21/94 08:21 'Q'4UB 857 8559 D 1 A Bii.Lirv'ja ■+■+■* CIA iMCAL 5'A, lt£JUU»/Ui.U NOTICE An election, to vote on the adoption of the proposed constitution and by laws, will be held on Saturday, November 2nd in the auditorium at Bocky Boy, The Bolls will be open from 8 b t tti t to 6 p,m. All members of the tribe (men and women) over 21 years of age are entitled to vote. Copies of the Constitution are being distributed to voters, m case you fail to receive a copy call at the Agency office for one. Non-resident members who desire to vote should request an absentee ballot from Bocky Boy T s Ageney. Such ballots should be executed and returned to the Ageney before November 2nd. Every qualified voter should turn out far this election. Earl Wooldridge, Superintendent, IBSIslh 21 ©406 657 6559 B I A BILLINGS BIA TRIBAL SVC 1 ^ 1010/010 Socky 3oy ' ~ Apes. cy Soeky Bay, I'ont ana Bovember 4, 1935 Commissioner of Indian Affairs Washington, D. C.- Dear Sir: There ere transmitted herewith the original end thirteen copies of the Socky 3oy Constitution, and 37-Lews as adopted Saturday, Eoveuber 2nd. There cere 291 eligi- ble voters and the vote stood 126 for and 25 against. I an enclosing these thirteen copies with the request that they be eignec end approved by both the Ccmisaioner end the Sec- retary eo that each cf the Constitutional Committeemen may have a copy for their own keeping. In this connection the Committee has requested that two of their people be allowed to go to Washington when the Secretary approves their Constitution. If the Office sees fit to grant this request, I think it will be very appro- priate for two of our older, pen, members of the Constitutional Cofcr.it tee , who knew and were intimate with Ttocky Soy to make the trip. Very truly yours. Earl Wooldridge Superintendent 2W:Ih' Snc. PK K ']�#��0s0s.Northern Cheyenne Tribal Constitution_djvu.txtUT ��j��jV • s' AMENDED' CONSTITUTION AND BYLAWS OF THE NORTHERN CHEYENNE TRIBE OF THE NORTHERN CHEYENNE INDIAN RESERVATION PREAMBLE Reservation to S' ° f J“ Nonh ™ Cheyenne Indian promote «he best interest of ml ? 1 or 8aoization nod to insure and and our posmrity do hereby ^ ° f 0 ” Sd ™ ARTICLE I - TERRITORY extend to die territory thi ^? onstitution Bylaws shall boundaries as established by Executive OrHo w ♦ Jx?- No ^ em ^ eyenne Indian Reservation of Chester A. Arthur 1884, under the administration McKinley and to such other landa u mzTbt h ? ’ 9 °°' !? d f r . the of WiUiam States, except as otherwise provided by law. erea ™ r =aded ,heret0 b >’ any law of the United ARTICLE II — MEMBERSHIP Section 1. The membership of the Northern Cheyenne Tribe shall consist of as follows: census roUas of blood whose names appear on the official made in said roil bv the Tribal’ Co uncil ^ ^ JanUary ’ , 1962 ’ correc «ons shall be Interior. * uncii, subject to approval of the Secretary of the (b) Each person of one-half (1/2) or more Northern Cheyenne Indian blood, reaardless This document sets forth the text nt ' rk~ » - • ■ s* by amendments adopted in i960 and 1996. ngma Constitution and Bylaws adopted in 1935. as amended ttUOilt - 1 - >* 0 t v * rT here “£ or ' or ncrean « to any member or descendant of a m-w ot - ££“ .(a) shaU^atromatic^Iy be^nri^ t^mo^c^i^^n review bvtiie SasreZ^ 5l^ ai T C ° UnCii shaU haw ® power t0 promulgate ordinances, subject to loss of membership. ' *" Imen ° r ’ C ° Vering fotUre raembershi P deluding adoptions and the ARTICLE III - GOVERNING BODY AND OFFICERS SISCSS? Section 2. The Tribal Council shall consist of eleven members holding the following Presided n~SJ e SCat hel ? h l Vice President ofthe Tribe, except when the Vice President is presiding over the Tnbal Council due to the absence ofthe President Busby, "* “ *“ ReSHraIi0n *** ° f AshIa ^ Bte “* the Tnha7memh al !? Caied ^ ^ five districts in accordance with the percentaee of ™ ,h each di9ria - W " h *“*““» «■ Wng to^ied c , . . ° e tttuuber. The allocation ot these five seats shall be determined y^ e the^rTv°o n rd, i n 19% ’ for *» eleon“hdd“oS for the implementation of sort “ eSK ‘ bhsh Standards 30,1 m “ hods (d) The Tnbal Council shall have power to change the boundaries of the districts. diLrirre stolT ^seiected Ait Councd tiie ten seals allocated among the churned dlSmC ! Primary CleCti0nS foIIowed b y a general election be J5Z£i m A ? d# VTf SeCti0n 4 * 1116 Vice Preside nt holding the both conducted at laree nc a pnmar y e * ecdon followed by a general election, oom conducted at-large as provided in Article VI, Section 3. Section 3. The officers ot the Tribe shall be a President and Vice President who shall -2- Councii from within its own number and a Secf^* 2 at AnDS eiected by ** Tribal Councii from outside its number The cL Secretar y and a Treasurer appointed by the Tribal officers and committees shSbe “S* ?“ Treasurer shaU have no vote. Other snail be appointed as provided in Article I, Section 1 of the Bylaws. allocated to Reservation chsttictss^be Vl ? e p " sident ^ Tribal Council seats Congressional elections, in^dkiff ^ ^ n T bered yea « °n the dale set for regular November 5, 1996. The Preside? and vSf? eI . ectI0n 1996 which shaU be held on Tuesday, of the Tribal’ Council holding die^en disto reside * *^11 serve for four yearn, and the members mai ded that in the regular etecfii tfS? fivT* ^ *“? 1°^°? yeais “ ******* terms, for two-year terms, as set forth in Article VI SecS *S\° f Aft Tnba i shaU bc eiected Tribal Council, the Council shall aimoint th#» c 604x011 4 ^* After eac b regular election for the whom shall serve at the pleasure of the Cniin ^} 8631 * 1 &t ^ nns ’ Secretary 80(1 Treasurer, each of and all members of the Trib^^^4l^^i P S d ^-y iCa i l f ^ *■ Colmdi ”»nbers shaU be elected q ualification s for the affiiJ u certifies _the intent to run and the possession of all the Tribal Council after the*1996 electkuL die 5 *? Cacfa . reguiar election for account for inflation or other factor* ti> the Tnbal Council may adjust the filing fee to Tribal Council by write-in votete ? « ^ . qua ^ g for a 8“^ election for the Candidacy and ^ “ * pnaaiy ''“P” ** P™*** «« 8 Declaration of ^ » fr »“ 8 shall be a primary elrcnon,™^ ? 0pm Co “ nc,i seats dlccated to the district, there least 30 days before the o^° L^l P ”°f’‘° nduCtt ' i *= di »n« end held at primary. Write-in vo ^ V ° lCrS rf f ^ district vote *» thu received, the top vo^ge^s h tS’ ^^"^-/^“cending order of votes election as the only camh^fl d shaU . be inducted n the general included candidates equals twice^^n ^ k Seat l S ^ * n , 1 dlstnct » until the number of such is a tie for toSTiS^ among the candidates. Write-in votina . b .f' 5rso “ s ’ tbe t ! ed persons shall be included If a candidate dies, withdraws or i* 8 ^ r°fi ? penmtted i m such general election. candidates for the open seatfs) in the d i v. Pri °^ t0 * C generai eIec non, the primary results wi tho ut Prms iJ strict shall be redetermined on the basis of the this yields a number of candidates whSi^/ 01 ^ f0m ? er candidate ’ Provided that if sea**), write-in voting shall be penHined i'such ^ * “ h ^ (c) If the number of qualified persons filing to run for the Tribal Council from - 7 - district is no more than twice th#» nnmk ■ _ there shall be no pnmarv elerton T r L°h ““ aUoca “ d “ T f ecia f eIecUon siia11 be held in accordance with as acting President in the interim. If the offi^eT fYT? Vice Pres . ident shail se rve vacant simultaneously, the Tribal Council ch u ° f b0tb President 311(1 VJc e President are acting President who shail serve in the im ^ a SJ? 1 fr ° m ilS own numfa er an Tribal Council member se^ ^ Vice President or a PP^ed Council shail be considered temnnmHis S resident, such person s seat on the Tribal aered temporarily vacant, and upon completion of such service such OQti f - 9 - person shall resume occupancy of the seat. among f *' **? ?" ^ Tribal Cou,Ka allocated if the S l" 211 90 the occurrence d«/s remainin'. {.Ik . vacanc y m ofBce occurs when there is less than 180 ° f 0flfa - Tribal CouaM fa tts discrerinn to a vaennrv in , t'i. i ., Tnbai Counci1 so chooses not to hold an aU-w as publicly solicit the filine on?^ ^ allocated t0 a district, the Council promptly shall be *L ^. •£ ““ laraoo "f of Candidacy by qualified persons wZ PtompUy after the close of surAffl^ 1 ^ 0 /?”"^ Mo flUn 8 f'= shall be required. raakeiuch annointm^r f h fblg penoi by ma J ont > r vote Tribal Council shall appointment from among aU qualified persons fifing a DeclaranoTof SLedkS^ .fu** to 0 *™*™ «> Bylaws, ail elections and other ARTICLE Vm - REFERENDUM from eS&m/c, a refeend™!?^ t**? by “ '“*■ «“ 0°) P«« of the registered voters elimination of a person from SttibaTroll °“ “ y rf mbal adop ° on of • person or the of the Tribal Council and the vote olI ’ ° r on any proposed or enacted ordinance or resolution referendum shall be concTmive Jd bindL^ ™T% •? 2? qUaiified votere votin 8 in percent of the eiigible M atleas, thiny tted . lands including heirship land, within the owners. It is recognized that under existing heid . as . heretofore by their presem present owner, whether or not thev are me 8 k su ° b la “ds may be inherited by the heirs of the is recognized iat imder exi W LThe , ” ° f ?f Northeni Cheyenne Tribe. Likewise, it restrictions upon such land. uDon annlipar^ 6 ^ °u J terior ^ i® bis discretion, remove become subject to State taxes and mav h 10n ^ ^ ^ ndian own er, whereupon the land will to hold or to part with his land S °^‘ Tbe right of the individual Indian contained in tfuTco^tudon bt n0t be abro ^ ed by anything Secretary of the Interior, voluntarily convey hi/lInTTth ^ ~ ^ ap P roval of ±e exchange for a money payment or in exchanL / Md t0 ^ Northern Che yenne Tribe either in . p yment or m exchange tor an assignment covering the same land or other land, as hereinafter provided. Reservation aruUll lar^which may 01 the Nontlem Cheyenne Indian by the United States in mtst f“ KST™ aC,mr ' dby ,he Northem Gtey «"« Tribe or no part of such land shall be morreaeed !^a Chey ' I “ e . Tn ? c ' shaU be held as tribal lands and individual Indians but may be .«ii% £ ^hL'of^ ^ *»“ “* be allotted to or otherwise used by the Tribe, as teminato^,^* ' ,ten Cheyen “ Tri '*- or leased. Section!. Leasing of Tribal Land. S«uetary ofthl^nt^r, for p ^^ l ^L” W> apPr0Val of ““ A A Section 4. Assignments of Tribal Land. provide for the approved hy ** Secretary of the Interior BEvided, the rights of all members of the Tribe! or any ritare of heirship land or exchange for an assignment to thaamJ? i ntere f m such Iand t0 the Tribe in in a larger grazing unit anc ^ or ^ [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aarapahoe_wind_river%3Ab211f84cf454b997. Public record. Not legal advice.