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CONSTITUTION AND BYLAWS

for the

BLACKFEET TRIBE

of the

BLACKFEET INDIAN RESERVATION OF MONTANA

(including amendments)

We, the adult members of the Blackfeet Indian Tribe, pursuant to the

authority vested in us by section 16 of the act of June 18, 1934

(48 Statutes at Large, page 986), and amendments thereto, do hereby

organize for the common welfare of said tribe and the members thereof,

and for such purpose do adopt the following constitution for the

government, protection, and common welfare of the said tribe and

members thereof.

ARTICLE I - TERRITORY

The jurisdiction of the Blackfeet Tribe shall extend to the territory

within the confines of the Blackfeet Reservation boundaries as defined

in the agreement of September 26, 1895; and to such other lands as may

be hereafter added thereto under any law of the United States, except

as otherwise provided by law.

ARTICLE II - MEMBERSHIP

Section 1. The members of the Blackfeet Tribe shall consist as follows:

(a) All persons of Indian blood whose names appear on the

official census roll of the tribe as of January 1, 1935.

(b) All children horn prior to t he adoption of this amendment

to any blood member of the Blackfeet Tribe maintaining a

legal residence within the territory of the reservation at

the time of such birth.

Indian blood or more born after the adoption of this

amendment to any blood member of the Blackfeet Tribe.

(Section 1 amended by Amendment III, approved August 30, 1962.)

Sec . 2 . The tribal council shall have the power to promulgate ordinances,

subject to review by the Secretary of the Interior, governing future member-

ship and the adoption of new members.

ARTICLE III - GOVERNING BODY

Section 1 . The governing body of the Blackfeet Tribe shall consist of

a council known as the Blackfeet Tribal Business Council.

Sec , 2 . The Blackfeet Tribal Business Council shall consist of nine (9)

members duly 'elected from the four (4) districts of the Blackfe,etr"Indian

Reservation, which .arc designated as follows: Browning DL&tfict,

Heart Butte District ,'"01.d^ Agency District, and Seville, -District .

There shall be three (3) councilmen -elected from the residents of the ,

Browning District. There shall be two (2) counci Imen elected from the

residents of the Heart Butte District, '"There „s hall be two (2) councilmen

elected from the residents of theOLd Agency District . There shall be two

(2) councilmen elected from the 'residents of the Seville District.

The election of all councilmen shall be submitted to the eiffcire electorate

of the reservation, .pfovided that no one shall be elected as a councilman

who has not resided in the district from which he or she is a candidate

at least six, ( 6) months preceding the time when he or she shall become a

candidate for such office.

(Section 2 amended by Amendment IV, approved August 3, 1964.)

Sec. 3 . In lieu of the districts as herein described the tribal council

shall have the power to establish communities, and the basis of representation

on the tribal council from such communities, subject to popular vote.

Sec, 4 . (a) The tribal council so organized shall elect from its

membership: (1) A chairman; (2) a vice chairman.

(b) The tribal council shall elect from within or outside of

its own membership: ( 1) A secretary; (2) a sergeant-at-arms; (3) such

other officers and committees as may be deemed necessary.

ARTICLE IV - ELECTIONS AND NOMINATIONS FOR THE TRIBAL COUNCIL

Sec-Lion 1 . The first elections of the tribal council hereundejr^&hatT^be

called'^n4-super vised by the present tribal council, wi thin 't hi r t y (30)

-days after the ratiHcaTTon'ahd approval-^f-'-f-his constitution . Members

/ of the tribal council shall be elected for a term of two (2) years by

the^eligible voters of the Blackfeet Tribe, except the council members

}/r^

; elecfcqd on January 20, 1948, shall serve until July 1950. The^s^f€er,

K the terfeM5f~-^f£jxe of the, members- a£.the tri bal c.ou nctjb=gKall expire on

/the first Thursday In July, .of even-numbered years. .E-lections of council

'' ~ members shall be held on the thTfd- -Tuesday in June of even-numbered years.

/(Section 1 amended by Amendment II, approved -May 24, 1950.)

Sec , 2 . Each qualified candidate for the tribal council shall file notice

J 'ybf his candidacy with the secretary of the tribal council at least fifteen

/ (15) days prior to the election. The list of candidates shall be posted

by the secretary of the tribal council, in the respective districts, not

l^ss^ than ten (10) days prior to the election.

/ Sec , 3 . All"'e4ections shall be held in accordance with the rules and

( | regulations laid down by the tribal council, or an election board appointed

by the tribal council.

r J

!J m^ \ Sec . 4 . The places of voting shall be, designated by the^

'X Sec . 5 . All elections shall be by secret ballot .

Sec. 6 . It shall be the duty of the memfjefs of the tribal council, or a

board appointed by them, to certify to -the election of the duly elected

tribal council members. This shall be done within 5 days after each

election.

Sec, 7 . Any member j

or ov er . sha 1 1 be eli fl;

Blackfeet Tribe—

.-bTmself or herself at a pollinepl

"fc . V- C \' / 0 ^ (rv&4-

^ - 5 'ARTICLE V - VACANCIES AND REMOVAL FR(

t any election when he or she presentW

lace^irtlj^n his or her voting district. )

Section 1 . If a council member or official shall die, resign, permanently

leave the reservation, or shall be removed for cause, the council shall

declare the position vacant and shall elect to fill the unexpired term,

provided that the person elected to fill the unexpired term shall be a

resident of the district in which the vacancy occurred.

Sec. 2 . The Blackfeet Tribal Business Council may expel a member for

cause by two-thirds (2/3) or more members of the entire Blackfeet Tribal

Business Council voting for expulsion. Before any vote for expulsion is

taken on the matter, such member shall be given an opportunity to answer

any and all charges at a designated council meeting, and the decision of

the Blackfeet Tribal Business Council shall be final. (Section 2 amended

by Amendment IV, approved August 3, 1964.)

JJSL

Sec. 3 . Any member of the Blackfeet Tribe who has ever been convicted

of a felony in any court for which he has not received a pardon or a

restoration of civil rights shall be ineligible for office and any

tribal council member or other tribal officer found guilty by the

Blackfeet Tribal Business Council of gross neglect of duty, misconduct

reflecting on the dignity of the tribe or Blackfeet Tribal Business

Council, habitual drunkenness, or repeated unexcused absences from

official functions shall be expelled from office and shall be barred

from holding any tribal office for the next succeeding term. (Sec. 3

amended by Amendment IV, approved August 3, 1964.)

ARTICLE VI - POWERS OF THE COUNCIL

Section 1 . Enumerated powers . The council of the Blackfeet Reservation

shall exercise the following powers, subject to any limitations embodied

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

further to all express restrictions upon such powers contained in this

constitution and the attached bylaws.

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

on behalf of the tribe and to advise and consult with the

representatives of the Interior Department on all activities

of the Department that may affect the Blackfeet Tribe.

(b) To employ legal counsel for the protection and advancement

of the rights of the Blackfeet Tribe and its members; the

choice of counsel and the fixing of fees to be approved by

the Secretary of the Interior.

tribal lands, interests in lands or other tribal assets,

without the consent of the tribe.

(d) To advise the Secretary of the Interior in regard to all

appropriation estimates or Federal projects for the benefit

of the Blackfeet Tribe prior to the submission of such

estimates to the Bureau of the Budget and Congress.

(e) To manage all economic affairs and enterprises of the

Blackfeet Reservation, including all oil leases on tribal

lands and the disposition of all oil royalties from tribal

lands, in accordance with the terms of a charter to be

issued to the Blackfeet Tribe by the Secretary of the Interior.

(f) To make assignments of tribal lands to members of the

Blackfeet Tribe in conformity with Article VII of this

constitution .

(g) To manage tribal affairs in an acceptable and businesslike

manner and in accordance with the administrative plan,

called the Plan of Operations, and by amendments as necessary,

subject to approval by the Secretary of the Interior or his

duly authorized representative. All salaries or remuneration

shall be paid as set forth in the Plan of Operations. The

tribe shall pay only for services officially authorized in

the administrative plan and actually received. The amount

shall be a matter of public record. (Subsection (g) amended

by Amendment VI, approved August 3, 1964.)

(h) To regulate and license all business or professional

^ activities conducted upon the reservation, subject to the

approval of the Secretary of the Interior and to levy

assessments for public purposes, provided that any assess-

ments upon nonmembers trading or residing within the

jurisdiction of the tribe shall be subject to the approval

of the Secretary of the Interior.

(i) To exclude from the land owned by the tribe or its members

persons not legally entitled to reside thereon, under

ordinances which shall be subject to review by the Secretary

of the Interior.

(j) To requisition community labor for public purposes of the

tribe and to purchase land from members of the tribe under

condemnation proceedings in courts of competent jurisdiction,

subject to review by the Secretary of the Interior.

(k) To promulgate ordinances for the purposes of safeguarding

the peace and safety of residents of the Blackfeet Indian

Reservation, and to establish minor courts for the adjudication

of claims or disputes arising amongst the members of the tribe,

and for the trial and punishment of members of the tribe charged

with the commission of offenses set forth in such ordinances.

(l) To regulate the inheritance of real and personal property

other than allotted lands within the Blackfeet Reservation,

subject to review by the Secretary of the Interior.

(m) To encourage and foster Indian arts, crafts, culture, and

traditions .

(n) To enact ordinances not inconsistent with Article II of

this constitution, governing adoption and abandonment of

membership, and to keep at all times a correct roll of the

Blackfeet Reservation.

(o) To provide for the appointment of guardians for minors and

mental incompetents, by ordinances or resolutions, subject

to the approval of the Secretary of the Interior.

(p) To promulgate rules and regulations governing fishing,

hunting, and trapping on the Blackfeet Reservation.

(q) To adopt resolutions regulating the procedure of the council

itself, and of other tribal agencies and tribal officials of

the reservation.

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

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

foregoing powers, reserving the right to review any actions

taken by virtue of such delegated powers.

Sec. 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 ninety (90) days from the date of

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

notifying the tribal council of such decision. 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 Blackfeet

Tribal Business Council of his reason thereof. If these reasons appear

to the council 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.

Sec. 3 . Future powers . The council of the Blackfeet Reservation may

exercise such further powers as may in the future be delegated to the

council by the members of the tribe or the Secretary of the Interior

or by any other duly authorized official or agency of the State or

Federal Government.

Sec. 4 . Reserved powers . Any right and powers heretofore vested in

the tribe or band of the Blackfeet 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 Blackfeet Reservation

through the adoption of appropriate bylaws and constitutional amendments.

ARTICLE VII - LAND

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

within the Blackfeet Reservation, shall continue to be held as heretofore

by their present owners. It is recognized that under existing laws 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 Blackfeet Tribe. Likewise it is recognized that

under existing law the Secretary of the Interior may, in his discretion,

remove restrictions upon such land, upon application by the Indian owner,

whereupon the land will become subject to State taxes and may then be

mortgaged or sold. The right of the individual Indian to hold or to part

with 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 convey his or her

land to the Blackfeet Tribe either in exchange for a money payment or in

exchange for an assignment covering the same land or other land, as

hereinafter provided.

Sec. 2 . Tribal lands . The unallotted lands of the Blackfeet Reservation

and all lands vfoich may hereafter be acquired by the Blackfeet Tribe or

by the United States in trust for the Blackfeet Tribe, including tribal

timber reserve, shall be held as tribal lands, and no part of such land

shall be mortgaged or sold. Tribal lands shall not be allotted to

individual Indians but may be assigned to members of the Blackfeet Tribe,

or leased, or otherwise used by the tribe as hereinafter provided.

Sec. 3 . Leasing of tribal lands . Tribal lands may be leased by the tribal

council, with the approval of the Secretary of the Interior, for such

periods of time as are permitted by law.

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

council unless It shall appear that no Indian cooperative association

or individual member of the tribe is able and willing to use the land

and to pay a reasonable fee for such use.

Grazing permits covering tribal land may be issued by the tribal council,

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

and upon the same terms as leases.

Sec. 4 . Grant of "standard" assignments . In any assignment of tribal

lands which now are owned by the tribe or which hereafter may be acquired

for the tribe by the United States or purchased by the tribe out of

tribal funds, preference shall be given, first, to heads of families

which are entirely landless, and second, to heads of families which have

no allotted lands or interests in allotted lands but shall have already

received assignments consisting of less than forty (40) acres of irrigated

agricultural land, one hundred and sixty (160) acres of dry agricultural

land or three hundred and twenty (320) acres of grazing land, or other

land or interests in land of equal value.

No allotted member of the tribe who may hereafter have the restrictions

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

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

The tribal council may, if it sees fit, charge a fee of not to exceed

$2,00 on approval of an assignment made under this section.

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

establishing homes for landless Indians, and shall be known as "standard"

assignments .

Sec, 5 . Tenure of standard assignments . If any member of the tribe

holding a standard assignment of land shall for a period of one (1) year

fail to use the land so assigned or shall use such land for any unlawful

purposes, his assignment may be cancelled by the tribal council after due

notice and an opportunity to be heard, and the said land may be reassigned

in accordance with the provisions of Section 4 of this article.

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

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

have a preference in the reassignment of the land, provided such persons

are members of the Blackfeet Tribe who would be eligible to receive a

"standard" assignment.

Sec, 6 . Grant of "exchange" assignments . Any member of the tribe who

owns an allotment or any share of heirship land or any deeded lands

within the reservation may voluntarily transfer his interest in such

lands to the tribe 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 assignment

Sec , 7 . Leasing of exchange assignments . Exchange assignments may be

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

to individual members of the tribe, or, if no individual Indian or Indian

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

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

manner as allotted lands.

Sec. 8 . Inheritance of exchange assignments . Upon the death of the

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

tribal 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 Blackfeet Tribe, except that

a life assignment may be made to the surviving child,

widower or widow of the holder of an assignment.

(b) 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

eighty (80) acres, and no area of agricultural land shall

be subdivided into units smaller than 2% acres, except

that land used for buildings or other improvements may be

divided to suit the convenience of the parties. Where it

is impossible to divide the land properly among the eligible

heirs or devisees, the tribal council shall issue to such

heirs or devisees grazing permits or other interests in

tribal lands of the same value as the assignment of the

decedent .

holding under allotment or assignment more than two

sections of grazing land or other land of equal value.

(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 .

Sec. 9 . Inheritance of improvements . Improvements of any character made

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

Blackfeet Tribe or otherwise disposed of under such regulations as the

tribal council shall provide. No permanent improvements shall be removed

from the land without the consent of the tribal council.

Sec. 10 . Exchange of assignments . Assignments may be exchanged between

members of the Blackfeet Tribe by common consent in such manner as the

tribal council shall designate.

Sec. 11 . Use of unassigned tribal land . Tribal land which is not leased

or assigned, including tribal timber reserves, shall be managed by the

tribe for the benefit of the members of the entire tribe, and any cash

income derived from such land shall accrue to the benefit of the tribe

as a whole.

Sec , 12 . Purchase of land by tribe . Tribal funds may be used to acquire

land under the following circumstances:

(a) Patent in fee land within or adjacent to the boundaries of

the Blackfeet Indian Reservation may be purchased either

with funds under the control of the Blackfeet Tribal Business

Council or, if the Secretary of the Interior so consents, with

other tribal funds.

(b) Restricted or trust land, including land in heirship status,

may, with the consent of the owner, be purchased with funds

under the control of the Blackfeet Tribal Business Council

or, if the Secretary of the Interior so consents, with other

tribal funds, under such terms as may be agreed upon, and

restricted or trust title taken.

(Section 12 amended by Amendment V, approved August 3, 1964.)

Sec. 1.3 . Method of making assignments . Application for assignments shall

be filed with the secretary of the council and shall be in writing, set-

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

accurate a description of the land desired as the circumstances will

permit. Notices of all applications received by the secretary shall be

posted by him in the Agency Office and in at least three conspicuous

places in the district in which the land is located for not less than

twenty (20) days before action is taken by the council. Any member of the,

tribe wishing to oppose the granting of an assignment shall do so in

writing, setting forth his objections, to be filed with the secretary

of the council, and may, if he so desires, appear before the council

to present evidence. The secretary of the council shall furnish the

Superintendent or other officer in charge of the Agency a complete

record of all action taken by the council on applications for assign-

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

the Agency Office and shall be open for inspection by members of the

tribe .

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

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

of the Interior.

ARTICLE VIII - BILL OF RIGHTS 5

Section 1 . Suffrage . Any member of the Blackfeet Tribe, fewc nty-tm e- (21)

years of age or over, shall be eligible to vote at any election when he

or she presents himself or herself at a polling place within his or her

voting district.

Sec, 2 . Economic rights . All members of the tribe shall be accorded

equal opportunities to participate in the economic resources and

activities of the reservation.

Sec. 3 . Civil liberties . All members of the tribe may enjoy without

hindrance freedom of worship, conscience, speech, press, assembly, and

association.

Sec. 4. Rights of accused. Any member of the Blackfeet Tribe accused

of any offense shall have the right to a bond, open and public hearing,

with due notice of the offense charged, and shall be permitted to summon

witnesses on his own behalf. Trial by jury may be demanded by any

prisoner accused of any offense punishable by more than thirty days'

imprisonment. Excessive bail shall not be required and cruel punishment

shall not be imposed.

ARTICLE IX - REFERENDUM

Upon a petition of at least one-third (1/3) of the eligible voters of

the Blackfeet Tribe, or upon the request of a majority of the members

of the tribal council, any enacted or proposed ordinance or resolution

of the council shall he submitted to popular referendum, and the vote

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

be conclusive and binding on the tribal council.

ARTICLE X - AMENDMENTS

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

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

purpose by the Secretary of the Interior, provided that at least thirty

(30) percent of those entitled to vote shall vote in such election; but

no amendment shall become effective until it shall have been approved

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

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

request of two-thirds (2/3) of the council, or upon presentation of a

petition signed by one-third (1/3) of the qualified voters, members of

the tribe.

BYLAWS

of the

BLACKFEET TRIBAL BUSINESS COUNCIL

MONTANA

ARTICLE I

To be eligible for membership on the Blackfeet Indian Tribal Council, it

will be necessary that the Indian be a member of the Blackfeet Tribe,

living on the Blackfeet Reservation for at least six (6) months prior

to the date of election at which he or she may become a candidate. The

council in office shall determine whether or not he or she is an eligible

candidate for the district which he or she proposes to represent.

ARTICLE II - INSTALLATION OF ELECTED BUSINESS COUNCIL

CANDIDATES

The newly elected candidates to the tribal council shall be installed in

office at the first regular meeting of the council after certificate of

their election has been issued.

ARTICLE III - POLLING PLACES

Polling places shall be established as follows until otherwise provided

by ordinance of the tribal council; Browning district; Seville district;

Heart Butte district; Old Agency district; Agency Community Hall, Babb

Ranger Station; Agency Community Hall; Heart Butte Community Hall, Little

Badger Community Hall; Old Agency Community Hall.

ARTICLE IV - JUDGES AND CLERKS

On each election day there shall be employed and stationed at each

polling place three (3) election judges and two (2) clerks, who shall

be named by the council in office. The judges shall judge the election

and the clerks will record and tally votes.

ARTICLE V-MEETINGS AND PROCEDURES

Section 1 . A regular Blackfeet Tribal Business Council meeting shall be

called on the first Thursday of each month, and special meetings may be

called by the Chairman of the Blackfeet Tribal Business Council at such

times as are deemed necessary. Meetings will be held at the Tribal

Headquarters in Browning, Montana, Regular Blackfeet Tribal Business

Council meetings will be open to the public and from time to time the

public will be invited to participate in the discussion of matters of

importance to the tribe.

Sec, 2 . Two-thirds (2/3) of the members of the entire Blackfeet Tribal

Business Council must be present to constitute a quorum to legally

transact the business of the Blackfeet Tribal Business Council.

Sec. 3 . All decisions shall be by a majority vote of the Blackfeet

Tribal Business Council members at meetings at which a quorum is

present; with the exceptions that a two- thirds (2/3) vote of the

entire Blackfeet Tribal Business Council shall be necessary to

rescind any former action of the Blackfeet Tribal Business Council,

and that this section shall not supersede any article in this

constitution that requires a vote in conflict with this amendment.

(Article V amended by Amendment VII, approved August 3, 1964.)

ARTICLE VI - DUTIES OF OFFICERS

Chairman . The chairman shall preside at all council meetings.

Vi ce Chairman . Should the chairman not be present at a meeting the

vice chairman 3hall preside in his stead.

Secretary. The secretary shall call the roll at the opening of each

meeting. He then shall read the minutes of the previous meeting.

The minutes shall be approved by the council, after which it shall be

the secretary's duty to call to the attention of the council any

unfinished business of the previous meeting. Further, the secretary

shall read to the council all communications which, during the month

have been received by said council. It shall be the duty of the

secretary to answer all correspondence after it has been discussed

and a decision made by the council.

Sergeant-at-arms , It shall be the duty of the sergeant-at-arms to keep

order at all council meetings,

ARTICLE VII - PROCEDURE OF ADOPTION

This constitution and the attached bylaws, when adopted by a majority

vote of the voters of the Blackfeet Tribe voting at a special election

called by the Secretary of the Interior, in which at least thirty (30)

percent of those entitled to vote shall vote, shall be submitted to the

Secretary of the Interior for his approval, and shall be in force from

the date of such approval.

(Original document approved by the Assistant Secretary of the Interior

on .10 56 -,)

AMENDMENT

Constitution and Bylaws

of the

Blackfeet Trihe of the Blackfeet Indian

Reservation, Montana

AMENDMENT III

Article II, Section 1 of the Constitution and Bylaws of

the Blackfeet Tribe of the Blackfeet Indian Reservation shall

be amended to read as follows:

Article II -- Membership

Section 1. The members of the Blackfeet Tribe shall consist

as follows:

(a) All persons of Indian blood whose names appear on the

official census roll of the tribe as of January 1, 1935-

(b) All children born prior to the adoption of this amend-,

ment to any blood member of the Blackfeet Tribe main-

taining a legal residence within the territory of the

Reservation at the time of such birth.

Indian. blood or more born after the adoption of this

amendment to any blood member of the Blackfeet Tribe.

CERTIFICATION OF ADOPTION

Pursuant to an order approved May 17 , 196-2, by John A. Carver,

Jr., the Assistant Secretary of the Interior, the attached

Amendment III to the Constitution and Bylaws of the Blackfeet

Tribe of the Blackfeet Indian Reservation, Montana, was sub-

mitted for ratification to the qualified voters of the reser-

vation, and was on June 19, 1962, duly adopted by a vote of

913 for, and 757 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 (49 Stat. 378).

G. G. KIPP

Chairman, Blackfeet Tribal Business

Council

EARL OLDPERSON

Secretary, Blackfeet Tribal Business

Council

HOWARD F. JOHNSON

Superintendent, Blackfeet Agency

AMENDMENT

CONSTITUTION AND BYLAWS

of the

BLACKFEET TRIBE OF THE BLACKFEET INDIAN RESERVATION, MONTANA

AMENDMENT IV

Article III, Section 2 of the Constitution shall be amended by striking

all of Section 2 and Amendment I, and substituting in lieu thereof the

following:

" Se c . 2 . The Blackfeet Tribal Business Council shall consist of nine

(9) members duly elected from the four (4) districts of the Blackfeet

Indian Reservation, which are designated as follows: Browning District,

Heart Butte District, Old Agency District, and Seville District.

There shall be three (3) councilmen elected from the residents of the

Browning District. There shall be two (2) councilmen elected from the

residents of the Heart Butte District. There shall be two (2) council-

men elected from the residents of the Old Agency District. There shall

be two (2) councilmen elected from the residents of the Seville District.

The election of all councilmen shall be submitted to the entire elector-

ate of the reservation, provided that no one shall be elected as a

councilman who has not resided in the district from which he or she is a

candidate at least six (6) months preceding the time when he or she

shall become a candidate for such office."

Article V, Section 2 of the Constitution shall be amended by striking

all of Section 2 and substituting in lieu thereof the following, and

further amended by adding Section 3 below:

" Sec. 2 . The Blackfeet Tribal Business Council may expel a member for

cause by two-thirds (2/3) or more members of the entire Blackfeet Tribal

Business Council voting for expulsion. Before any vote for expulsion

is taken on the matter, such member shall be given an opportunity to

answer any and all charges at a designated council meeting, and the

decision of the Blackfeet Tribal Business Council shall be final.

" Sec , 3. Any member of the Blackfeet Tribe who has ever been convicted

of a felony in any court for which he has not received a pardon or a

restoration of civil rights shall be ineligible for office and any

tribal council member or other tribal officer found guilty by the

Blackfeet Tribal Business Council of gross neglect of duty, misconduct

reflecting on the dignity of the tribe or Blackfeet TribaL Business

Council, habitual drunkenness, or repeated unexcused absences from

official functions shall be expelled from office and shall be barred

from holding any tribal office for the next succeeding term."

CERTIFICATION OF ADOPTION

Pursuant to an order approved April 22, 1964, by the Assistant Secretary

of the Interior, the attached Amendment IV to the Constitution and

Bylaws of the Blackfeet Tribe of the Blackfeet Indian Reservation,

Montana, was submitted for ratification to the qualified voters of the

reservation, and was on June 30, 1964, duly adopted by a vote of 1195

for, and 309 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 (49 Stat. 378).

Walter S. Wetzel

Chairman, Blackfeet Tribal

Business Council

Franklin D. Trombley

Secretary, Blackfeet Tribal

Business Council

William W. Grissom - July 3, 1964

Superintendent, Blackfeet

Agency

APPROVAL

I, John A. Carver, Jr., Assistant Secretary of the Interior of

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

me by the Act of June 18, 193*+ (48 Stat. 98 *+) > as amended, do hereby

approve the attached Amendment IV to the Constitution and Bylaws

of the Blackfeet Tribe of the Blackf eet Indian Reservation, Montana.

Approval recommended:

John 0. Crow

Acting Commissioner

Bureau of Indian Affairs

John A. Carver, Jr.

Assistant Secretary of the Interior

(SEAL)

Washington, D. C.

Date: August 3, 1964

AMENDMENT

CONSTITUTION AND BYLAWS

of the

BLACKFEET TRIBE OF THE BLACKFEET INDIAN RESERVATION, MONTANA

AMENDMENT V

Article VII, Section 12 of the Constitution shall be amended by deleting

all of Section 12 and substituting in lieu thereof the following:

" Sec. 12 . Purchase of land by tribe . Tribal funds may be used to

acquire land under the following circumstances:

(a) Patent in fee land within or adjacent to the boundaries of

the Blackfeet Indian Reservation may be purchased either with

funds under the control of the Blackfeet Tribal Business Council

or, if the Secretary of the Interior so consents, with other

tribal funds.

(b) Restricted or trust land, including land in heirship status,

may, with the consent of the owner, be purchased with funds under

the control of the Blackfeet Tribal Business Council or, if the

Secretary of the Interior so consents, with other tribal funds,

under such terms as may be agreed upon, and restricted or trust

title taken."

CERTIFICATION OF ADOPTION

Pursuant to an order approved April 22, 1964, by the Assistant Secretary

of the Interior, the attached Amendment V to the Constitution and Bylaws

of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, was

submitted for ratification to the qualified voters of the reservation,

and was on June 30, 1964, duly adopted by a vote of 1001 for, and 442

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 (49 Stat. 378).

Walter S. Wetzel

Chairman, Blackfeet Tribal Business

Council

Franklin D. Trombley

Secretary, Blackfeet Tribal Business

Counc i 1

William W. Grissom - July 3, 1964

Superintendent, Blackfeet

Agency

APPROVAL

I, Jdkn A. Carver, Jr., Assistant Secretary of the Interior of

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

me hj the Act of June 18 , 1934 (48 St at. 984 ), as amended, do hereby

approve the attached Amendment V to the Constitution and Bylaws

of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana.

Approval recommended:

John 0. Crow

Acting Commissioner

Bureau of Indian Affairs

John A. Carver, Jr.

Assistant Secretary of the Interior

(SEAL)

Washington, D. C.

Date: August 3, 1964

CERTIFICATION OF ADOPTION

Pursuant to an order approved April 22, 1964, by the Assistant Secretary

of tfee Interior, the attached Amendment VI to the Constitution and Bylaws

of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, was

submitted for ratification to the qualified voters of the reservation,

and was on June 30, 1964, duly adopted by a vote of 1099 for, and 337

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 (49 Stat. 378).

Walter S. Wetzel

Chairman, Blackfeet Tribal Business

Council

Franklin D, Trombley

Secretary, Blackfeet Tribal Business

Council

William W. Grissom - July 3, 1964

Superintendent, Blackfeet

Agency

AMENDMENT

CONSTITUTION AND BYLAWS

of the

31ACKFEET TRIBE OF THE BLACKFEET INDIAN RESERVATION, MONTANA

¥1

Article VI, Section 1, Subsection (g) of the Constitution shall be

amended fey striking all of Subsection (g) and substituting in lieu

thereof the following:

" Section 1 . Enumerated powers .

(g) To manage tribal affairs in an acceptable and businesslike

manner and in accordance with the administrative plan, called the

Plan of Operations, and by amendments as necessary, subject to

approval by the Secretary of the Interior or his duly authorized

representative. All salaries or remuneration shall be paid as

set forth in the Plan of Operations. The tribe shall pay only for

services officially authorized in the administrative plan and

actually received. The amount shall be a matter of public record."

)

APPROVAL

I, John A. Carver, Jr., 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 St at. 984), as amended, do

hereby approve the attached Amendment VI to the Constitution and

Bylaws of the Blackfeet Tribe of the Blackfeet Indian Reservation,

Montana .

Approval recommended:

John 0. Crow

Acting Commissioner

Bureau of Indian Affairs

John A. Carver, Jr.

Assistant Secretary of the Interior

(SEAL)

Washington, D. C.

Date: August 3, 1964

AMENDMENT

CONSTITUTION AND BYLAWS

of the

BLACKFEET TRIBE OF THE BLACKFEET INDIAN RESERVATION, MONTANA

AMENDMENT VII

Article V of the Bylaws shall be amended by striking all of Article V

and substituting in lieu thereof the following:

"ARTICLE V - MEETINGS AND PROCEDURES

Section 1 . A regular Blackfeet Tribal Business Council meeting shall

be called on the first Thursday of each month, and special meetings

may be called by the Chairman of the Blackfeet Tribal Business Council

at such times as are deemed necessary. Meetings will be held at the

Tribal Headquarters in Browning, Montana. Regular Blackfeet Tribal

Business Council meetings will be open to the public and from time to

time the public will be invited to participate in the discussion of

matters of importance to the tribe.

Sec. 2 . Two-thirds (2/3) of the members of the entire Blackfeet Tribal

Business Council must be present to constitute a quorum to legally

transact the business of the Blackfeet Tribal Business Council.

Sec. 3 . All decisions shall.be by amajority vote of the Blackfeet

Tribal Business Council members at meetings at which a quorum is present;

with the exceptions that a two-thirds (2/3) vote of the entire Blackfeet

Tribal Business Council shall be necessary to rescind any former action

of the Blackfeet Tribal Business Council, and that this section shall

not supersede any article in this Constitution that requires a vote in

conflict with this amendment."

CERTIFICATION OF ADOPTION

Pursuant to an order approved April 22, 1964, by the Assistant Secretary

of the Interior, the attached Amendment VII to the Constitution and

Bylaws of -the Blackfeet Tribe of the Blackfeet Indian Reservation,

Montana, was submitted for ratification to the qualified voters of the

reservation, and was on June 30, 1964, duly adopted by a vote of 1129

for, and 284 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 (49 Stat. 378).

Walter S. Wetzel

Chairman, Blackfeet Tribal Business

Council

Franklin D, Trombley

Secretary, Blackfeet Tribal Business

Council

William W. Grissom - July 3, 1964

Superintendent, Blackfeet

Agency

■A

APPROVAL

I, John A. Carver, Jr., 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 St at. 98 * 0 , as amended, do hereby

approve the attached Amendment VII to the Constitution and Bylaws

of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana,

Approval recommended:

John 0. Crow

Acting Commissioner

Bureau of Indian Affairs

John A. Carver, Jr.

Assistant Secretary of the Interior

(SEAL)

Washington, D. C.

Date: August 3, 1964

IN REPLY REFER TO:

United States Department of the Interior

BUREAU OF INDIAN AFFAIRS

BILLINGS AREA OFFICE

316 North 26th St.

BILLINGS, MONTANA 59101

Tribal Operations

APR 2 8 1978

Through Superintendent, Slack feet Agency

Mr. Earl Old Person, Chairman

Blackfeet Tribal Business Council

Brooming, MT 50417

Bear Mr. Old Person.

Attached is approved amendment IX to the Constitution and By-Laws of

the Black feet Tribe. Article III, Section 2 and Article IV are amended

as per the attached.

Btj resolution no. 28-73 enacted on November 3, 1977, the Black feet

Tribal Business Council requested the amendment election. Our

memorandum of Pebrua.ru 7, 197$, authorized the call of the election

which was subsequently scheduled for April 25, 1973.

The election certification dated April 26, 1878 , indicates that 47%

of the registered voters cast a valid ballot in the election and that

1,183 voted for the proposed amendment and 255 against.

Sincerely yours.

(Sgd) James F. Canan

Area Director

Attachment

cc: , Assistant Secretary for Indian Affairs

Attn: Tribal Gov't Services

AMENDMENT

CONSTITUTION AND BYLAWS

for the

BLACKFEET TRIBE

of the

BLACKFEET INDIAN RESERVATION

MONTANA

AMENDMENT VIIJ

Section 7 of Article IV, ELECTIONS AND NOMINATIONS FOR THE TRIBAL

COUNCIL, shall be amended to read:

Any nanbev of the Blackfeet Tribe, eighteen (18) years of

age or over, shall be eligible to vote at any election

when he or she presents bins elf or herself at a polling

place within his or her voting district.

Section 1 of Article VIII, BILL OF RIGHTS, shall be amended to read

Section 1 . Suffr age. Any member of the Blackfeet Tribe

eighteen (18) years of age or* over, shall be eligible to

vote at any election when he or she presents himself or

herself at a polling place within his or her voting district.

CERTIFICATE OF RESULTS OF ELECTION

AMENDMENT I

Pursuant to ail election authorized by the Area Director, Billings

Area Office, Bureau of Indian Affairs, on January 3 , 1974

under delegated authority, the attached Amendment VIII to the

Constitution and Bylaws of the Blackfeet Tribv 1 . of the Blackfeet

Reservation, Montana, was submitted to the qi alified voters of

the Tribe and was on Februarv 13 » 1974, duly _ by

— —

a vote of qi fi for, and 191 against, ii an election in

which at least thirty (30) percent of the ( 1903 ) entitled

(number)

to vote cast their ballots in accordance with Section 16 of the

Indian Reorganization Act of June 18, 1934 (43 Stat. 984), as

amended by the Art of June 15, 1935 (49 Stat. 378).

Chairman , ’Election Board y'

Election Ksurd Member

< 2 - - -7

&LL a

Election Board Member 77

s-lUt If

REPLY REFER TO:

United States Department of the Interior

BUREAU OF INDIAN AFFAIRS

BILLINGS AREA OFFICE

316 North 26th St.

BILLINGS. MONTANA 59101

APPROVAL

I, James F. Canan, Area Director for the Billings Area

of the Bureau of Indian Affairs, by virtue of the

authority delegated to me by Secretarial Order Mo. 2508

as amended, !0 BIAH 3-3C(l), do hereby approve, the

attached Amendment VI U to the Constitution and Bylaws

of tha Blackfeet Tribe of the Blackfeet Indian

Reservation, Montana.

\m 7 1974 (Sgd) James F. Caiman

Date

Area Director

AMENDMENT ,

CONSTITUTION AND BYLAWS

for the

BLACKFEET TRIBE

of the

BLACKFEET INDIAN RESERVATION

MONTANA

AMENDMENT IX

Article III, Section 2, GOVERNING BODY AND ARTICLE IV, ELECTIONS AND

NOMINATIONS FOR THE TRIBAL COUNCIL, shall be amended to read:

Article III — Governing Body

Section 2. The Blackfeet Tribal Business Council shall consist

of nine (9) members duly elected from the four (4) districts of the

Blackfeet Indian Reservation which are designated as follows:

Browning District, Heart Butte District , Seville District and

Old Agency District .

The election of all Tribal Council members shall be submitted to

the entire electorate of the Reservation, provided that no one shall

be elected as a councilman who has not resided within the exterior

boundaries of the Blackfeet Indian Reservation for a period of 1 year

immediately prior to being a candidate and who has not resided in the

district from which he or she is a candidate at least six (6) months

immediately prior to the time when he or she shall become a candidate

for such office .

Article TV — Elections and Nominations for the Tribal Council

Section 1. Members of the Tribal Council shall be elected for

a term of two (2) years by the eligible voters of the Blackfeet Tribe .

Section 2. Members of the Blackfeet Tribal Business Council

shall be elected to specifically enumerated seats as follows: position

one, two, three, four, five, six, seven, eight , and nine. Position

one, two, and three shall be from the Browning District, four and five

from the Heart Butte District, six and seven from the Seville District

and eight and nine from the Old Agency District,

2 .

Section 3. (a) A primary election for Tribal Council membership

shall be held on the first Tuesday in June of even numbered years,

commencing in the year 1978.

(b) The two candidates receiving the largest and

second largest number of votes for each of the positions enumerated

in section 2 shall be certified as to their nominations as candidates

for the general election by the Blackfeet Tribal Election Board

within seventy-two (72) hours of the closing of the polls of the

primary election. In the event of a tie vote in any one position,

those candidates tied with one of the top two will be certified as

to their nomination as candidates for the general election.

Section 4. (a) A general election for Tribal Council Membership

shall be held on the last Tuesday of June of even numbered years

commencing in the year of 1978.

(b) The candidate receiving the largest number of

votes for each of the positions enumerated in section 2 shall be

certified by the Blackfeet Tribal Election Board to the Blackfeet

Tribal Business Council as having been elected to the position

sought on the Blackfeet Tribal Council within seventy-two (72) hours

of the closing of the polls of the General Election.

Section 5. The terms of office of the members of the Blackfeet

Tribal Business Council shall expire on the second Thursday in July

of even numbered years.

Section 6. (a) Each qualified candidate for the Blackfeet

Tribal Business Council shall file a notice of candidacy with the

Blackfeet Tribal Election Board at least Twenty (20) days prior to the

primary election and shall at that time declare the one position sought.

(b) The list of primary election candidates shall

be posted by the Blackfeet Tribal Election Board in at least ten (10)

conspicuous locations on or near the Blackfeet Indian Reservation

not less than ten (10) days prior to the primary election.

Publication in a newspaper of general circulation on the Blackfeet

Indian Reservation shall constitute two such postings.

posted by the Blackfeet Tribal Election Board in at least ten (10)

conspicuous locations on or near the Blackfeet Indian Reservation not

less than ten (10) days prior to general election. Publication in a

newspaper of general circulation on the Blackfeet Indian Reservation

shall constitute two such postings .

Section 7. All elections shall be held in accordance with the

rules and regulations laid down by the Blackfeet Tribal Council or

by an Election Board appointed by the Tribal Council .

3 .

Section 8. Voting places shall be designated by the Tribal

Council, or, if so authorized by the Council, by the Election Board.

Section 9. All elections shall be by secret ballot.

Section 10. Any member of the Blackfeet Tribe eighteen (18)

years of age or older shall be eligible to vote when he or she presents

himself or herself -bo the polling place wherein he or she is assigned

to vote . ■

APPROVAL

I, James F. Canan, Area Director, Billings Area Office,

Bureau of Indian Affairs , by 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 the commissioner of Indian Affairs by 230 D.M. 1.1.,

and redelegated to me by 10 BIAM 3.1, do hereby approve

Amendment IX to the Constitution and Bylaws of the Blackfeet

Tribe of Blackfeet Indian Reserycitlbn , Montana.

APR 2 8 1978

Date

Memorandum

To: Area Director, Billings

From: Superintendent, Blackfeet Agency-

Subject: Certification of Tribal Election

The Election to Amend the Blackfeet Tribal Constitution as authorized

2/7/78 was held, April 25, 1978, with 1183 vote in favor of the

Amendment, 255 opposed. Attached is the Certificate of the Election

by the Election Board and a breakdown of the voting precincts,

477, of the Registered Voters cast a ballot to validate the Election.

CERTIFICATION OF RESULTS OF ELECTION:

Pursuant to an election authorized by the Secretary of the Interior

on February 7, 1978 the attached constitution and by laws, or

amendment, of the Blackfeet Tribe was submitted to the qualified

voters of the Tribe and was on April 25, 1978 duly adopted by a

vote of 1183 for'' and 255 against in an election in which at least

30 percent of the 3092 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 by the Act of June 15, 1935

(49 Stat. 378),

Member

UNITED STATES GOVERNMENT

Memorandum

' Superintendent date: April 26, 1978

FROM : Election Board - Tribal Constitutional Amendment

subject: certification of Election

The Tribal Constitutional Amendment Election was held April 25, 1978.

There are 3,092 registered voters. There were 1,438 valid ballots

cast representing 47% of the registered voters. 1,183 voted for the

proposed amendment, 255 voted against. The following is a precinct

breakdown of the votes cast:

Tor

Agains t

Total

Browning

137

199

CAP

122

Babb

Grandview

Seville

Heart Butte

Absentee

922

1002

1,183

255

1,438

This information was telegrammed at 11:00 A.M, , 4/26/78, to the Assistant

Buy US. Savings Bonds Regularly on the Payroll Savings Plan

�']�ڑU�^�^-Assiniboine and Fort Peck - 1 Const._djvu.txtUT ��j��jCONSTITUTION AND BYLAWS

of the

ASSINIBOINE AND SIOUX TRIBES

of the

FORT FECK INDIAN RESERVATION

MONTANA

ARTICLE I - PREAMBLE AND NAME

We, the adult members of the Assiniboine and Sioux Tribes of the

Fort Peck Indian Reservation, Montana^ in order to establish a

recognized and approved tribal organization to handle our reserva-

tion affairs and business, to protect the sovereignty and the

vested interest of our tribes and members under treaties, agree-

ments, and laws heretofore enacted, to procure for our tribes and

our members and our posterity, social, educational, and industrial

assistance, also, to procure assistance in all matters of interest

to the tribes, and to preserve peaceful and cooperative relations

with the United States Government, its subdivisions, and its

offices, do hereby establish this Constitution and Bylaws; with

the legal name: "The Assiniboine and Sioux Tribes of the Fort Peck

Indian Reservation, Montana". (Where used herein, the "Reservation"

refers to the Fort Peck Indian Reservation in Montana; the "tribes"

to the Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation; the "Board" to the Tribal Executive Board; the

"Secretary" to the Tribal Executive Board Secretary. General

Council refers to an assembly of the qualified electors of the

tribes.)

ARTICLE II - TERRITORY

The jurisdiction of the tribes shall extend to the territory

within the original confines of the Fort Peck Reservation as

defined in the agreement of December 28 and December 31, 1886,

confirmed by the Act of May 1, 1888 (25 Stat.Sec. 113, Ch. 212);

and to such other lands as may be hereafter added thereto under

any laws of the United States, except as otherwise provided by law.

ARTICLE III - MEMBERSHIP

Membership of the tribes of the reservation shall consist of those

persons who qualify in accordance with an ordinance approved by the

tribes in a referendum vote. A membership ordinance shall be

submitted to the tribes simultaneously with the submission of this

Constitution for referendum vote by the tribes.

ARTICLE IV - GOVERNING BODY

Section 1 , The governing body of the tribes shall be known as

the Tribal Executive Board, subject to the powers of the General'

Council.

A General Council may initiate ordinances or reject within ninety

days any enactment of the Executive Board. Upon petition of at

least ten percent (10$) of the eligible voters of the tribes, a

General Council shall be called by the Chairman at a place within

the Fort Peck Reservation designated in the petition; a quorum

shall consist of tw o nty - fivc percent — (£59^o£=±hefteligible voters

of the tribes. A stenographic transcript shall be kept of all

proceedings of the General Council.

/do

Sec. 2 . The Board shall consist of a Chairman, a Vice-Chairman,

a Secretary-Accountant, a Sergeant-at-Arms, and twelve (12) Board

members .

Sec. 3 . The Chairman, the Vice-Chairman, and Sergeant-at-Arms

shall be elected by all the voters of the Assiniboine and Sioux

Tribes. The Secretary-Accountant shall be appointed from within

or without the Board membership. Two (2) Board members shall be

elected from each of the following districts by the eligible voters

of each district: District 1. Fort Kipp; District 2, Riverside;

District 3> Poplar; District 4 , Wolf Point; District 5 f Oswego; and

District 6, Frazer.

Sec. 4 . The Chairman, the Vice-Chairman, the Sergeant-at-Arms,

and Board members shall be elected for a two (2) year term.

Sec. 5 . The Secretary-Accountant shall be appointed for a two (2)

year term, and if appointed from outside of the elected Board

membership, the Secretary-Accountant so appointed shall have no

vote in Executive Board proceedings.

ARTICLE V - NOMINATIONS, ELECTIONS, AND VACANCIES

Section 1 . Elections shall be by secret ballot. Voting shall be

within the respective districts as provided herein, at a place designated

within each district by the Board.

Sec. 2. All members of the Assiniboine and Sioux Tribes

determined by Article III of this Constitution, who are

■of age or over, are eligible to vote, provided:

(a) Voters residing op the reservation shall be eligible to

vote in the district in which they have last resided

for a full 60 days immediately preceding the election.

The registration of any member for voting at a State or

county election shall be conclusive as establishing his

or her place of residence.

(b) Non-resident voters may vote by absentee ballot in the

last district of their former affiliation, provided they

have registered their intent to vote in that district at

least 30 days prior to the date of the election.

Sec. 3 . The first election of the Board under this Constitution

and Bylaws shall be held within one hundred twenty (120) days

following its ratification and approval by the Secretary of the

Interior under such rules, regulations, and ordinances, as

promulgated by the Tribal Executive Board. Subsequent elections

shall be held on the last Saturday in October every two (2) years.

In event such day is a holiday, the election shall be held on the

first subsequent day that is not a holiday.

Sec. 4 . Elected Board members shall take office at the first

regular meeting following election. Before entering on duty the

newly elected Board members shall file the oath of office certified

by a notary public, the following oath: "I do solemnly swear that

I shall faithfully execute the duties of my office, defend the

Constitution of the United States of America, the State of Montana,

and the Assiniboine and Sioux Tribes of the Fort Peck Indian Reser-

vation, so help me God."

Sec. 5 . To be eligible for nomination and election to the Board,

a person must be:

(a) An eligible voter on the reservation.

(b) A qualified candidate having resided in the district of his

or her candidacy at least sixty (60) days immediately pre-

ceding an election, and not having been convicted of a

felony for which he or she has not received a pardon.

stitution shall he resolved by the Tribal Executive

Board.

Sec. 6 . The candidates for Chairman, Vice-Chairman, and Sergeant-at-

Arms receiving the highest number of cumulative legal votes from all

the districts shall be declared elected.

Sec. 7 « The Tribal Executive Board shall have the authority to

pass ordinances providing for method of. elections, and not limiting

said power to, but including election announcements, nominations,

and fees, registration of voters lists, election officials and their

duties, place of voting, certifications of elections, manner of

protests and recount, and all election procedures, and as a guide,

to follow as near as practicable Chapter 23 of the Revised Codes of

Montana, 19^7* as amended, and effective at the time; ' and in case

of disputed interpretation, the decisional laws of Montana shall

be resorted to, subject to the approval of the Fort Peck Tribal

Executive Board.

ARTICLE VI - VACANCIES AND REMOVAL FROM OFFICE

Section 1 . If a member should die, resign, be removed, or recalled

from office, the Board shall declare the position vacant and appoint

a qualified member of the respective district, by casting nine ( 9 )

votes in favor of the appointment, to fill the vacancy until the

next regular or special election. Twenty-five percent (2 5$) of the

eligible voting members of the district shall be sufficient to

petition for a special election to be called within thirty ( 30 )

days to fill any district vacancies.

Sec. 2 . A Board member or officer of the Board, may be removed

from office by the Board, after having been given twenty (20) days

notice in writing by the Secretary, and a chance to be heard.

Causes for removal are:

(a) Permanent change of residence from the reservation.

(b) Conviction in any court of a felony while in office,

and/or any course of conduct prejudicial to the tribes.

succession, except that the Tribal Executive Board may

approve reasonable grounds for non-attendance.

(d) Failure to attend and report to three ( 3 ) successive

duly called district meetings.

(s) The Tribal Executive Board shall by duly enacted ordinances

establish such procedures and regulations necessary to

carry out the intent of this article.

(f) All questions which cannot be resolved by the Tribal

Executive Board shall be referred to the Fort Peck General

Council.

ARTICLE VII - GOVERNMENTAL POWERS

The Tribal Executive Board shall exercise the following powers

subject to any limitations imposed by the Constitution or Statutes

of the United States and Fort Peck General Council, and subject further

to all expressed restrictions upon such powers contained in this

Constitution and Bylaws.

Section 1 . To negotiate with Federal, State and local governments,

and others on behalf of the tribes, and consult with representatives

of the Department of the Interior on all activities which may affect

the tribes.

Sec. 2 « To employ legal counsel for the protection of the rights

of the tribes.

Sec. 3 . To make and enforce ordinances covering the tribes' right

to levy taxes and license fees on persons or organizations doing

business on the reservation, except that ordinances or regulations

affecting non-members trading or residing within the jurisdiction of

the tribes shall be subject to the approval of the Secretary of the

Interior.

Sec. 4 . To promote public health, education, security, charity,

and such other services as may contribute to the social advancement

of the members of the tribes.

Sec. 5 . To provide, subject to the review of the Secretary of the

Interior, or his authorized: representative, for the maintenance of

law and order and the administration of justice by establishing

tribal courts and police force, and defining the powers and duties

of same, and to promulgate criminal and civil codes or ordinances

governing the conduct of the members of the tribes and non-member

Indians residing within the jurisdiction of the tribes.

(a) To prescribe rules of inheritance, except allotted

lands.

(b) To provide for an escheat of personal property to the

tribes of resident members who die intestate and without

heirs .

of the reservation, and to regulate hunting and fishing

on the reservation.

Sec j_6. To exclude from the restricted land of the reservation

persons not legally entitled to reside thereon under ordinances

subject to the review of the Secretary of the Interior.

Sec - 7 « To adopt resolutions regulating the procedure of the

Tribal Executive Board, its officials and committees in the conduct

of tribal affairs.

Sec. 8 . No authority contained in this Constitution and Bylaws

may be delegated by the Tribal Executive Board to tribal officials,

district councils, committees, delegates by the Tribal Executive

Board to tribal officials, district councils, committees, delegates

or associations, to carry out any functions for which this Tribal

Executive Board assumes primary responsibility,, except by ordinance

or resolution duly enacted by the Tribal Executive Board in the

legal session, and excepting those specific requirements contained

in the Bylaws hereof.

Sec. 9 . The Tribal Executive Board is hereby authorized to recognize

claim councils, district committees, and other organizations open

to the membership of the tribes, and to approve such organizations,

and to provide financial support, services, or such other assistance

as may be required to carry on programs beneficial to the membership

of the tribes.

ARTICLE VIII - FUTURE POWERS

The Tribal Executive Board may exercise future powers as may be

granted to it by the membership of the tribes by appropriate

amendments to this document.

ARTICLE IX - RESERVE POWERS

Any rights and powers heretofore vested in the Assiniboine and/or

Sioux Tribes, but not expressly referred to in this Constitution,

shall not be abridged, but may be exercised through the adoption

of appropriate amendments to this Constitution.

ARTICLE X - BUSINESS AND FISCAL AUTHORITIES

The Ti ibal Executive Board shall exercise the following powers

subject to any limitations imposed by the Constitution or

Statutes of the United States and subject further to 1

expressed restrictions upon such powers contained in this

Constitution and Bylaws.

Section 1 . Not more than seventy percent (70$) of the income of the

tribes in the United States Treasury shall be paid out in per capita

payments each year among the enrolled members of the tribes.

Sec . . 2 . To administer any funds within the control of the tribes;

to make expenditures from available funds for tribal purposes,

including salaries and expenses to tribal officials or employees.

All expenditures of tribal funds under control of the Tribal

Executive Board shall be authorized in legal session and the

amounts so expended shall be a matter of public record.

Sec . 3. The Tribal Executive Board shall prepare annual budget

requests for advance to the control of the tribes, such funds as

may be deposited to their credit in the United States Treasury

or which may hereafter be appropriated for their use.

§g. G *. .V.» manage, lease, permit or otherwise deal with tribal

land, interest in lands or assets under tribal jurisdiction; and

to purchase or otherwise acquire lands, or interest in lands within

the Fort Peck Indian Reservation, in accordance with law.

Sec. 5 . To engage in any business that vill further the economic

well-being of the members of the tribes, or undertake any programs

or projects designed, for the economic advancement of the people.

Sec. 6 . To borrow money from the Federal Government, or other

sources, and to direct the use of such funds for productive

purposes, or to loan money thus borrowed to members of the tribes,

with the approval of the Secretary of the Interior, or his authorized

representative.

Sec. 7 . To pledge or assign chattel or future income due or to

become due, provided such agreement, pledge, assignment, or

extension thereof shall be subject to the approval of the Secretary

of the Interior, or his authorized representative.

Sec. 8 . To make and perform contracts and agreements of every

description, not inconsistent with law or the provisions of this

Constitution and Bylaws, provided that any contract if required

by law shall be subject to the approval of the Secretary of the

Interior, or his authorized representative.

ARTICLE XI - BYLAWS

Section 1 - General Council

Upon receipt of the petition calling for General Council, the

Chairman or in his absence, or failure to act within three (3)

days, the Secretary, shall give fifteen (15) days notice of the

time and place of such General Council by publication in news-

papers having general circulation on the Fort Peck Reservation

and by posting in three (3) public places in each election district.

Section 2 - Meetings

The Tribal Executive Board shall establish regular and special

meeting dates in accordance with duly enacted resolutions. The

Secretary shall mail notices of all meetings and shall include dates,

time, place, and purpose of special meetings at least three (3) day6

in advance.

Section 3 - Quorum

A quorum shall consist of a majority of the voting members of the

T ribal Executive Board, and no business shall be conducted at any

time’ a quorum is absent.

Section 4 - Manner of Acting

The act of a majority of the Tribal Executive Board representa-

tives present at a meeting at which a quorum is present shall

constitute the act of the Tribal Executive' Board. Acts of the

Tribal Executive Board may be by motion duly carried, except that

any delegation of authority to act for and on behalf of the Tribal

Executive Board shall be by written resolution and shall specify

the nature of authority granted and the limitations, if any,

imposed, excepting those authorities and responsibilities speci-

fically outlined in these Bylaws.

Section 5 - Account

(a) The fiscal year shall begin on the first day of July, and

end on the thirtieth day of June of each year.

(b) The Tribal Executive Board shall cause to be installed, main-

tained, and audited a complete and detailed accounting system and

such safe-guards as bonding officials and employees responsible

for the safety, accuracy, and maintenance of such records and

funds.

money, notes, or other indebtedness issued in the name of the

tribes, shall be signed by such officers, or agents, and in such

manner as shall be prescribed by resolution. No tribal funds

shall be disbursed except where so ordered by resolution.

Section 6 - Duties of Officers

Duties of Chairman:

(a) He shall preside at all regular and special meetings.

(b) He shall have general and active management of the

affairs of the tribes except that he shall not act on

matters binding the Tribal Executive Board until that

body has deliberated and decided its course of action.

carried into effect.

(d) He shall execute all official papers of the tribes when

authorized to do so.

(e) He shall exercise general supervision of all other tribal

, officers and employees and see that their respective duties

are performed.

(f) He shall submit a report of operations to the Tribal

Executive Board at its regular meeting including all

matters within his knowledge which the interest of the

Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation may require be brought to its attention.

(g) He shall vote in the case of a tie only.

Duties of Vice-Chairman:

(a) In the absence of the Chairman, he shall preside. Then

so presiding, he shall have all rights, privileges and

duties, as set forth above under duties of Chairman, as

well as the responsibility of the Chairman.

Duties of Secretary:

(a) He shall keep a book of minutes at the principal office

of the tribes or at such other place as the Tribal

Executive Board may order, of all meetings of the Tribal

Executive Board in the manner and in the form prescribed

by the Board.

(b) He shall attend to the giving and serving of all notices

of the Tribal Executive Board as required by this

Constitution.

as required by this Constitution. In addition, he shall

keep a current voting list.

(d) He shall attend to all such correspondence as may be

assigned to him, and perform all other duties incidental

to his office or prescribed by the Tribal Executive Board.

Duties of the Secretary as Accountant:

(a) He shall keep and maintain, open to inspection by the

members of the tribes or representatives of the

Commissioner of Indian Affairs at all reasonable times,

adequate and correct accounts of the properties and

business transactions of the tribes.

(b) He shall have care and custody of the funds and valuables

of the tribes, and deposit same in the name of and to the

credit of the Assiniboine and Sioux Tribes of the Fort

Peck Indian Reservation, with such depositories as the

Board may direct.

the Tribal Executive Board, taking proper signed invoices,

vouchers, or other Instruments for said disbursements.

(d) Render to the Tribal Executive Board a monthly report and

account of all his transactions as Accountant, and an

annual financial statement in forms and detail showing

the condition of tribal expenditures, receipts and dis-

bursements.

(e) The Tribal Accountant and all officers and employees

whose duties involve the handling of tribal money or

other resources, shall be bonded under the terms and

conditions established by the Tribal Executive Board

and approved by the Superintendent of the Fort Peck

Reservation.

Duties of Sergeant -at -Arms:

(a) He shall act as Sergeant -at-Arms at all regular and

special meetings and shall enforce all rules and see

that peace and order are kept during the sessions of the

Board.

(b) He shall perform other duties as assigned by the Tribal

Executive Board.

ARTICLE XII - ROBERTS RULES OF ORDER

Roberts Rules of Order as revised shall govern all meetings of the

General Council and the Tribal Executive Board except as otherwise

provided in this Constitution and Bylaws.

ARTICLE XIII - MANNER OF REVIEW

Section 1 . Any resolution or ordinance which by the terms of this

Constitution is subject to review by the Secretary of the Interior

shall within 10 days of its enactment be presented to the Super-

intendent of the Fort Peck Agency who shall within 10 days after

its receipt by him approve or disapprove it.

Sec. 2 . If the Superintendent approves any resolution or ordinance

it shall thereupon become effective, but the Superintendent shall

transmit the enactment bearing his endorsement to the Secretary of

the Interior, who may, within 90 days of the date of its enactment

rescind the resolution or ordinance for any cause by notifying the

Fort Peck Tribal Executive Board of his veto.

Sec. 3 » If the Superintendent disapproves any resolution or

ordinance, he shall within 10 days after its receipt by him advise

the Tribal Executive Board in writing of his reasons therefor, and

if these reasons appear to the Board insufficient, it may, by vote

of the majority of all members, refer the resolution or ordinance

to the Secretary of the Interior and if approved by him in writing

it shall become effective.

ARTICLE XIV - REFERENDUM

Upon a petition of at least twenty-five percent (25$) of the

eligible voters of the tribes, or upon request of a majority of

the Tribal Executive Board members, any enacted or proposed

enactment of the Tribal Executive Board shall be submitted to

a popular referendum and the vote of a majority of the qualified

voters at that election shall be conclusive.

ARTICLE XV - AMENDMENT

This Constitution and Bylaws may be amended by a majority vote of

the qualified voters of the tribes voting at an election called

for that purpose by the Tribal Executive Board or General Council or

under the provisions of Article XIV of this Constitution, provided that

no amendment shall become effective until it shall have been approved

by the Secretary of the Interior.

ARTICLE XVI - ADOPTION

This revised Constitution ^-nd Bylaws when adopted by a majority

vote of the Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation, Montana, voting at a special election called by the

Tribal Executive Board, shall be submitted to the Secretary of

the Interior, and shall be in full force and effect from the date

of such approval by the Secretary of the Interior.

CERTIFICATION OF ADOPTION

Pursuant to an election called by the Fort Peck Tribal Execu-

tive Board, the attached Constitution and Bylaws of the Fort

Peck Tribes, was submitted for ratification to the members

of the Assiniboine and Sioux Tribes of the Fort Peck Reservation,

Montana, and was on October 1, i960, ratified by a vote of

756 for, and l4l against.

(sgd) Austin Buckles

Chairman, Fort Peck Tribal Executive

Board

(sgd) Joseph W. Culbertson

Secretary, Fort Peck Tribal Executive

Board

(sgd) Dale M. Baldwin :

Supt,, Fort Peck Agency

APPROVAL

I, George W. Abbott, Assistant Secretary of the Interior of

the United States of America, do hereby approve the attached

Constitution and Bylaws of the Fort Peck Tribes of the Fort

Peck Indian Reservation, Montana.

* i. .

Approval recommended:

(sgd) Glenn L. Emmons

Commissioner

Bureau of Indian Affairs

November 22 , i960

(sgd) George W. Abbott

Assistant Secretary of the Interior

(SEAL)

Washington, D. C.

Date: November 30 , i960

�']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

NCNIANA

PREAMBLE

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

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

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

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

Belknap Indian Oorrrnunity.

ARTICLE I - OBJECTIVES

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

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

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

of the Indians of the Fort Belknap Reservation.

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

guard Indian property for the use of present and future

generations .

future generations, lands needed for home and livelihood.

ARTICLE II - TERRITORY

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

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

may in the future be added thereto.

ARTICLE III - MEMBERSHIP

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

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

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

entitled to membership in the Fort Belknap Indian Community.

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

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

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

the Allotment Roll of the Fort Belknap Reservation prepared and approved

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

entitled to membership in the Oommunity.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the membership requirements and who comply with the procedures for enrollment

as members of the Oomnunity.

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

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

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

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

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

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

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

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

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

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

Interior for final approval.

- 2 -

ARTICLE IV - ORGANIZATION OF (XNMUNTIY COUNCIL

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

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

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

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

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

a filing fee of $10.00.

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

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

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

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

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

Assiniboine members, one representative from each tribe residing in each

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

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

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

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

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

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

year term and may succeed themselves at will.

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

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

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

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

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

qualified to perform the financial and administrative duties of Secretary-

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

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

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

Treasurer shall serve at the pleasure of the President.

ARTICLE V - POWERS OF THE (XMCNTIY COUNCIL

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

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

popular referendum as provided hereafter:

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

behalf of the Oonmunity and to advise and consult with the

representatives of the Interior Department an all activities of

the Department that may affect the Port Belknap Oonmunity.

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

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

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

the Interior.

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

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

duly authorized representatives, PROVIDED . That no Ccrrmunity lands

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

for periods consistent with existing law.

(d) TO submit through proper government channels recommendations for

the expenditure of Federal funds for tribal support, reimbursable

assistance, reservational improvements, health, education, and

other necessary activities looking toward the advancement of the

members of this Community.

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

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

Indian Community.

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

available funds for public purposes.

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

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

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

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

district, not directly benefited by any project under contempla-

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

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

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

appeal to the Commissioner of Indian Affairs for a final

determination .

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

entitled to reside therein under ordinances which shall be subject

to review by the Secretary of the Interior.

•

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

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

up courts for the trial and punishment of offenders against such

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

the Federal Court.

- 4 -

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

under condemnation proceedings in courts of competent jurisdiction

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

capital or natural resources of the Oormiunity by ordinances which

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

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

of tribal lands within the jurisdiction.

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

than allotted lands, within the territory of the Oomnunity.

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

regulate the activities of all cooperative associations of members

of the Cfcrmunity.

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

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

inccnpetents by ordinance or resolution subject to review by the

Secretary of the Interior.

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

of Indian Affairs or the Secretary of the Interior concerning the

appointment and removal of enplcyees assigned to duties an the Fort

Belknap Reservation.

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

for the popular election of subordinate district councils, and to

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

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

the foregoing powers, reserving the right to review any action

taken by virtue of such delegated power.

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

Interior, providing for the assessment and collection of license

fees from nonmembers doing business, or obtaining any other special

-ri ght or privilege within the reservation, including tcwnsites

therein.

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

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

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

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

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

thereupon become effective, but the Superintendent shall transmit a copy

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

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

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

recisicn.

If the Superintendent shall refuse to approve any resolution or ordinance

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

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

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

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

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

ordinance or resolution shall become effective .

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

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

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

any other duly authorized official or agency of government.

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

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

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

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

appropriate bylaws and constitutional amendments.

ARTICLE VI - INITIATIVE AND REFERENDUM

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

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

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

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

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

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

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

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

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

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

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

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

voters actually vote.

- 6 -

ARTICLE VII - ELECTIONS

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

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

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

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

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

voters upon written request. Eligible nonresident members of the Omainity

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

Council utilizing the duly enacted Election Ordinance during the enumeration

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

candidate from their designated tribe for the council seat from their

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

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

and be elected by all voters at-large.

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

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

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

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

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

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

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

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

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

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

elected Council members shall take office immediately upon certification of

the election results.

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

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

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

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

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

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

judges shall certify the results of the election.

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

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

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

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

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

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

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

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

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

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

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

- 7 -

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

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

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

qualified electors from each tribe, other than immediate relatives.

ARTICLE VIII - REMOVAL FRCM OFFICE

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

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

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

any offense involving dishonesty, shall automatically forfeit his office.

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

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

be heard.

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

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

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

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

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

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

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

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

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

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

of the former Vice President.

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

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

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

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

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

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

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

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

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

petition.

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

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

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

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

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

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

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

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

signing, his or her residency and t ribal affiliation.

- 8 -

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

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

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

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

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

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

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

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

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

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

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

election.

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

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

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

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

ARTICLE IX - AMENEMENIS

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

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

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

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

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

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

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

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

qualified voters, members of the Community.

- 9 -

/■"N

BYLAWS

OF THE

PORT BELKNAP INDIAN COMMUNITY

OF THE

PORT BELKNAP RESERVATION

MNIANA

ARTICLE I - DOTIES OF OFFICERS

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

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

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

constitution and such tenporary committees as the business of the Ocnmmity

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

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

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

diligence and dispatch.

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

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

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

serve the remainder of the term as President.

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

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

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

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

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

necessary resolutions for appropriate actions by the Council; he shall

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

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

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

the Commissioner of Indian Affairs.

ARTICLE II - QQALIFICAnCNS OF OFFICE

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

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

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

' ' ARTICLE III - SALARIES

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

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

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

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

officers or committeemen.

- 10 -

ARTICLE IV - MEETINGS AND PROCEDURES

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

first Monday of every month.

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

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

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

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

proceedings and may punish its members for disorderly behavior.

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

Council shall be at the agency headquarters unless otherwise agreed.

e *

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

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

.interest.

ARTICLE V - LAND

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

same land or other land, as hereinafter provided.

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

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

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

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

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

provided.

11 -

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

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

such periods of time as are permitted by law.

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

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

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

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

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

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

Grazing permits covering Comnunity land nay be issued by the Oomnunity

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

manner and upon the same terms as leases.

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

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

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

any grazing land.

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

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

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

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

have no allotted lands or previous assignments of Community lands.

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

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

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

members by reason of their being landless.

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

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

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

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

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

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

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

as "standard" assignments .

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

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

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

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

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

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

with the provisions of Section 4 of this Article.

- 12

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

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

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

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

assignment.

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

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

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

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

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

proportionate share in a larger grazing unit.

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

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

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

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

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

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

allotted lands.

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

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

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

conditions:

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

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

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

holder of an assignment.

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

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

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

exchange assignment .

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

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

agricultural land shall be subdivided into units smaller than two

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

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

Where it is impossible to divide the land properly among the

eligible heirs or devisees, the Gorrmunity Oouncil shall issue to

such heirs or devisees grazing permits or other interests in tribal

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

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

land shall be eligible for reassignment in accordance with the

provisions of Section 4 of this Article.

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

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

Belknap Ocmnunity or otherwise disposed of under such regulations as the

Ctrrrnunity Council shall provide. No permanent inprovements shall be moved

from the land without the consent of the Oornrnunity Council .

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

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

consent in such manner as the Cbnrnunity Council shall designate.

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

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

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

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

Community as a whole.

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

used to acquire land under the following conditions:

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

law, purchase land within the Fort Belknap Reservation or adjacent

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

reservation, subject to the approval of the Secretary of the

Interior or his duly authorized representative.

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

sell to the tribe.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

- 14

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

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

the Interior.

ARTICLE VI - ADOPTION

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

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

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

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

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

approved, shall be effective from the date of approval.

- 15 -

CERTIFICATE OF RESULTS OF ELECTION

Pursuant to a Secretarial election authorized by the Deputy Oorrmissioner of

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

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

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

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

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

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

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

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

Election Board Member

Date:

- 16 -

APPROVAL

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

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

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

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

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

construed as authorizing ary action under this document that would be

contrary to Federal law.

Ada E. Deer

Assistant Secretary - Indian Affairs

Washington, D. C.

Date:

�']2:y��"Blackfeet Tribe - Charter_djvu.txtUT ��j��j

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

CORPORATE CHARTER

OF THE

BLACKFEET TRIBE OF THE

BLACKFEET INDIAN RESERVATION

MONTANA

RATIFIED AUGUST 15, 1936

UNITED STATES s

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1957 I

CORPORATE CHARTER OF THE BLACKFEET TRIBE OF

the blackfeet Indian reservation

A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE

18 , 1934

Whereas, the Blackfeet Tribe of the Blackfeet Indian Reservation

of Montana constitutes a recognized Indian tribe organized under a

Constitution and By-laws ratified by the Tribe on November 13, 1935,

and approved by the Secretary of the Interior on December 13, 1935,

pursuant to section 16 of the Act of June 18, 1934 (48 Stat. 984) , as

amended by the Act of June 15, 1935 (49 Stat. 378) ; and

Whereas, more than one-third of the adult members of the Tribe

have petitioned that a charter of incorporation be granted to such

Tribe, subject to ratification by a vote of the adult Indians living on

the reservation ;

Now, therefore, I, Harold L. Ickes, Secretary of the Interior, by

virtue of the authority conferred upon me by the said Act of June 18,

1934 (48 Stat. 984), do hereby issue and submit this charter of incor-

poration to the Blackfeet Tribe of the Blackfeet Indian Reservation

to be effective from and after such time as it may be ratified by a

majority vote of the adult Indians living on the reservation.

Corporate

Existence.

Perpetual

Succession.

Member-

ship.

1. In order to further the economic development of the

Blackfeet Tribe of the Blackfeet Indian'Reservation

in Montana by conferring upon the said Tribe cer-

tain corporate rights, powers, privileges and immu-

nities; to secure for the members of the Tribe an

assured economic independence; and to provide for

the proper exercise by the Tribe of various func-

tions heretofore performed by the Department of

the Interior, the aforesaid Tribe is hereby chartered

as a body politic and corporate of the United States

of America, under the corporate name “The Black-

feet Tribe of the Blackfeet Indian Reservation.”

2. The Blackfeet Tribe of the Blackfeet Indian Reser-

vation shall, as a Federal corporation, have per-

petual succession.

3. The Blackfeet Tribe of the Blackfeet Indian Reser-

vation shall be a membership corporation. Its

members shall consist of all persons now or here-

Manage-

ment.

Corporate

Powers.

after entitled to membership in the Tribe, as pro-

vided by its duly ratified and approved Constitution

and By-Jaws.

4. The Blackfeet Tribal Business Council established

in accordance with the said Constitution and By-

laws of the Tribe, shall exercise all of the corporate

powers hereinafter enumerated.

5. The Tribe, subject to any restrictions contained in

the Constitution and laws of the United States, or

in the Constitution and By-laws of the said Tribe,

shall have the following corporate powers, in addi-

tion to all powers already conferred or guaranteed

by the Tribal Constitution and By-laws.

(a) To adopt, use, and alter at its pleasure a cor-

porate seal.

(5) To purchase, take by gift, bequest, or other-

wise, own, hold, manage, operate, and dis-

pose of property of every description, real and

personal, subject to the following limitations;

1. No sale or mortgage may be made by the

Tribe of any land or interests in land,

including water power sites, water

rights, oil, gas, and other mineral rights

now or hereafter held by the Tribe

within the boundaries of the Blackfeet

Reservation. No sale of any other

s capital assets of the Tribe exceeding

in value the sum of $10,000 may be

made unless approved by a majority

vote at a referendum called by the

Tribal Council as provided in Article

IX of the Constitution of the Tribe.

2. No leases or permits (which terms shall

not include land assignments to members

of the Tribe) or timber sale contracts

covering any land or interests in land

now or hereafter held by the Tribe

within the boundaries of the Blackfeet

Indian Reservation shall be made by the

Tribe for a longer term than ten years,

and all such leases, permits, or contracts

must be approved by the Secretary of

the Interior or by his duly authorized

representative ; but oil and gas leases, or j

any leases requiring substantial im- |

provements of the land may be made for f

longer periods when authorized by law.

3. No action shall be taken by or in behalf

of the Tribe which is in conflict with reg- ;

ulations authorized by section 6 of the

Act of June 18, 1934:, or in any way oper-

ates to destroy or injure the tribal grazing

lands, timber, or other natural resources

of the Blackfeet Indian Reservation. f

exchange for restricted Indian lands, as pro- I

vided in Article VII, Section 6, of the Gonsti- g

tution of the Tribe. I

(d) To borrow money from the Indian Credit i

Fund in accordance with the terms of Sec-

tion 10 of the Act of June 18, 1934 (48 Stat.

984), or from any other Governmental

agency, or from any member or association =;

of members of the Tribe, and to use such

funds directly for productive tribal enter- i

prises, or to loan money thus borrowed to in-

dividual members or associations of members |

of the Tribe, provided that the amount of in-

debtedness to which the Tribe may subject

itself shall not exceed one hundred thousand

dollars, except with the express approval of

the Secretary of the Interior.

(e) To engage in any business that will further |

•the economic well-being of the members of |

the Tribe or to undertake any activity of any |

nature whatever, not inconsistent with law

or with any provisions of this charter.

(/) To make and perform contracts and agree- 1

ments of every description, not inconsistent I

with law or with any provisions of this char- |

ter, with any person, association, or corpora-

tion, with any municipality or any county,

or with the United States or the State of |

Montana, including agreements with the

State of Montana for the rendition of public I

services: Provided , That any contract in-

Termina-

tion of Su-

■pe/rvisovy

Powers.

volving payment of money by the corpora-

tion in excess of $10,000 in. any one fiscal year

shall be subject to the approval of the Sec-

ret ary of the Interior or his duly authorized

representative.

(g) For the purpose of obtaining any loan, to

pledge or assign any chattels purchased with

the proceeds of such loans, or any income aris-

ing from activities of the Tribe financed by

the proceeds of such loan, or any income due

or to become due on any notes, leases or con-

tracts taken as security for the reloan by the

Tribe of the proceeds of such loan whether or

not such notes, leases, or contracts, are in exist-

ence at the time, but no pledge or assignment

shall be made to any person or agency, other

than the- Secretary of the Interior, without the

approval of the Secretary of the Interior.

(A) To deposit corporate funds, from whatever

source derived, in any national or state bank

to the extent that such funds are insured by

the Federal Deposit Insurance Corporation,

or secured by a surety bond, or other security,

approved by the Secretary of the Interior;

or to deposit such funds in the postal savings

bank or with a bonded disbursing officer of

the United States to the credit of the Tribe.

( i ) To sue and to be sued in courts of competent

jurisdiction within the United States ; but the

grant or exercise of such power to sue and to

be sued shall not be deemed a consent by the

said Tribe, or by the United States to the levy

of any judgment, lien or attachment upon the

property of the Tribe other than income or

chattel specially pledged or assigned.

(J) To exercise such further incidental pow T ers,

not inconsistent with law, as may be neces-

sary to the conduct of corporate business.

Upon the request of the Blackfeet Tribal Council for

the termination of any supervisory power reserved

to the Secretary of the Interior under sections 5b,

(2), 5f, 5g, 5h, and section 8 of this charter, the

Corporate

Property.

Corporate

Dividends.

Secretary of the Interior, if he deems it wise and

expedient so to do, shall approve such termination

and submit it for ratification by the Tribe. It shall

be effective upon ratification by a majority vote at-

an election in which at least thirty per cent of tlie

adult members of the Tribe residing on the reserva-

tion shall vote. If at any time after ten years from

the effective date of this charter, such request shall

be made and the Secretary shall disapprove such

termination or fail to approve or disapprove it within

ninety days after its receipt, it may then be submitted

by the Secretary of the Interior or by the Tribal

Council to popular referendum of the adult members

of the Tribe actually living within the reservation

and if approved by two-thirds of the eligible voters,

shall be effective.

7. No property rights of the Blaclrfeet Tribe, as here-

tofore constituted, shall be in any way impaired by

anything contained in this charter, and the tribal

ownership of unallotted lands, whether or not as-

signed to the use of any particular individuals, is

hereby expressly recognized.

The individually owned property of members of

the Tribe shall not be subject to any corporate debts

or liabilities, without such owners’ consent. Any

existing lawful debts of the Tribe shall continue in

force, except as .such debts may be satisfied or can-

celed pursuant to law.

8. The Tribe may issue to each of its members a non-

transferable certificate of membership evidencing

the equal share of each member in the assets of the

Tribe and may distribute per capita, among the

recognized members of the Tribe, the net income of

corporate activities including the proceeds of leases

of tribal assets, including oil royalties over and

above sums necessary to defray corporate obliga-

tions to members of the Tribe or to other persons

and over and above all sums which may be devoted

to the establishment of a reserve fund, and other ex-

penses incurred by the Tribe for corporate purposes.

Any such distribution of profits in any one year

amounting to a per capita cash payment of $100 or

Corporate

Accounts.

Amend-

ments.

Ratifica-

tion.

more, or amounting to a distribution of more than

one-half of the accrued, surplus, shall not be made

without the approval of the Secretary of the Interior.

9. The officers of the Tribe shall maintain accurate and

complete public accounts of the financial affairs of

the Tribe, which shall clearly show all credits, debts,

pledges and assignments, and shall furnish an an-

nual balance sheet and report of the financial affairs

ox the Tribe to the Commissioner of Indian Affairs—

The Tribal Council shall elect from within or with-

out their number a Treasurer of the Tribe who, under

their control and direction, shall be the custodian of

all moneys which come under the jurisdiction or

control of the Tribal Council. He shall pay out

money in accordance with the orders and resolutions

of the Council, and no disbursements shall be made

without the signature or approval of the Treasurer.

He shall keep accounts of all receipts and disburse-

ments and shall make written reports of same

to the Tribal Council at each regular and special

meeting. He shall be bonded in such an amount

as the Council by resolution shall provide,

such bond to be approved by the Commissioner

of Indian Affairs. The books of the Treasurer

shall be audited at the direction of the Council or of

the Commissioner of Indian Affairs, and shall be

open to inspection by members of the Tribe or duly

authorized representatives of the Government at all

reasonable times.

10. This charter shall not be revoked or surrendered ex-

cept by act of Congress, but amendments may be

proposed by resolutions of the Council which if

approved by the Secretary of the Interior, to be ef-

fective shall be ratified by a majority vote of the

adult members living on the reservation at a popular

referendum in which at least 30 per cent of the eli-

gible voters vote.

11. This charter shall be effective from and after the

date of its ratification by a majority vote of the

adult members of the Blackfeet Tribe living on the

Blackfeet Indian Reservation, provided at least 30

per cent of the eligible voter's shall vote, such rati-

fication to be formally certified by the Superintend-

ent of the Blackfeet Indian Agency and the Chair-

man of the Tribal Council of the Tribe.

Submitted by the Secretary of the Interior for ratification by the

Blackfeet Tribe of the Blackfeet Indian Reservation in a popular

referendum to be held on August 15, 1936.

Harold L. Iciies,

) Secretary of the Interior.

[seal]

Washington. D. C., July IS, 1936.

CERTIFICATION

Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984),

this charter, issued on July 18, 1936, by the Secretary of the Interior

to the Blackfeet Tribe of the Blackfeet Reservation, was duly sub-

mitted for ratification to the adult Indians living on the reservation

and was on August 15, 1936, duly ratified and accepted by a vote of

737 for and 301 against, in an election in which over thirty per cent

of those entitled to vote cast their ballots.

Joseph W. Brown,

Chairman of the Blackfeet Tribal Business Covm.cil.

C. L. Graves,

Superintendent , Blackfeet Agency.

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OE INDIAN AFFAIRS

CONSTITUTION AND BY-LAWS

FOR THE BLACKFEET TRIBE OF THE

BLACKFEET INDIAN RESERVATION

MONTANA

APPROVED DECEMBER 13, 1935

AMENDMENT I APPROVED JANUARY 18, 1946

AMENDMENT II APPROVED MAY 24, 1950

UNITED STATES

GOVERNMENT FEINTING OFFICE

WASHINGTON : 1957

CONSTITUTION AND BY-LAWS FOE THE BLACKFEET

TRIBE OF THE BLACKFEET INDIAN RESERVATION

OF MONTANA

We, the adult members of the Blackfeet Indian Tribe, pursuant

to the authority vested in us by section 16 of the act of June 18,

1934 (48 Statutes at Large, page 986), and amendments thereto,

do hereby organize for the common welfare of said tribe and the.

members thereof, and for such purpose do adopt the following con-

stitution for the government, protection, and common welfare of

the said tribe and members thereof.

Article I — Tebkitoht

The jurisdiction of the Blackfeet Tribe shall extend to the terri-

tory within the confines of the Blackfeet Reservation boundaries as

defined in the agreement of September 26, 1895 ; and to such other

lands as may be hereafter added thereto under any law of the United

States, except as otherwise provided by law.

Article II — Membership

Section 1. The members of the Blackfeet Tribe shall consist a,s

follows :

(a) All persons of Indian blood whose names appear on the official

census roll of the tribe as of January 1, 1935.

(b) All children bom to any blood member of the Blackfeet Tribe

maintaining a legal residence within the territory of the reservation

at the time of such birth.

Sec. 2. The tribal council shall have the power to promulgate ordi-

nances, subject to review by the Secretary of the Interior, governing

future membership and the adoption of new members.

Article III — Governing Boor

Section- 1. The governing body of the Blackfeet Tribe shall con-

sist of a council known as the Blackfeet Tribal Business Council.

Sec. 2. This council shall, consist of thirteen members, duly elected

from the four districts of the Blackfeet Reservation. The four dis-

tricts of the reservation are designated as follows: Agency district;

Seville district; old agency district; Heart Butte district.

(1)

The voters of the old agency district shall elect three eouncilxnen.

The voters of the Heart Butte district shall elect three councilmen.

The voters of the Seville district shall elect three councilmen.

The voters of the agency district shall elect four councilmen.

The present tribal council shall designate the boundaries of each

district prior to the election of the first council, as provided in this

constitution, and the council hereafter shall have the authority to

change the boundaries of the districts, provided the proportionate

representation in the council based on the, number of people in each

..Stf' district is maintained as nearly as possible.! '

Sec. 3. In lieu of the districts as herein described the tribal coun-

cil shall have the power to establish communities, and the basis of

representation on the tribal council from such communities, subject

to popular vote.

Sec. 4. (a) The tribal council so organized shall elect from its

membership: (1) A chairman; (2)- a vice chairman.

(b) The tribal council shall elect from within or outside of its

own membership : (1) A secretary; (2) a sergeant- at-arms; (3) such

other officers and committees as may be deemed necessary.

Article IV — Elections and Nominations for the Tribal Council

Section 1. The first elections of the tribal council hereunder shall

be called and supervised by the present tribal council within thirty

(30) days after the ratification and approval of this constitution.

Members of this tribal council shall be elected for a term of two (2)

years by the respective voters of each district. Thereafter their

successors shall be chosen every two years, which elections shall be

held on the third Tuesday prior to the expiration of their terms of

office. 2

Sec. 2. Each qualified candidate for the tribal council shall file

notice of his candidacy with the secretary of the tribal council at

least fifteen (15) days prior to the election. The list of candidates

shall be posted by the secretary of the tribal council, in the respective

districts, not less than ten (10) days prior to the election.

Sec. 3. All elections shall be held in accordance with the rules and

regulations laid down by the tribal council, or an election board

appointed by the tribal council.

Sec. 4. The places of voting shall be designated by the tribal

council.

Sec. 5. All elections shall be by secret ballot.

1 See Amendment I.

1 S'v Amendment II.

Sec. 6. It shall be the duty of the members of the tribal council,

or a. hoard appointed by them, to certify to the election of the duly

elected tribal council members. This shall be done within 5 days

after each election.

Sec. T. Any member of the Blackfeet Tribe, twenty -one (21) years

of age or oyer, shall be eligible to vote at any election when he or she

presents himself or herself at a polling place within his or her vot-

ing district.

Article Y — Vacancies and Removal From Office

Section 1. If a council member or official shall die, resign, per-

manently leave the reservation, or shall be removed for cause, the

council shall declare the position vacant and shall elect to fill the

unexpired term, provided that the person elected to fill the unex-

pired term shall be a resident of the district in which the vacancy

occurred.

Sec. 2. The tribal council may expel a member by nine (9) or

more members of the council voting for expulsion. Before any

vote for expulsion is taken on the matter, such member shall be

given an opportunity to answer any and all charges at a designated

council meeting ; and the decision of the tribal council shall be final.

Article VI — Powers of the Council

Section 1. Enumerated powers . — The council of the Blackfeet

Reservation shall exercise the following powers, subject to any limi-

tations embodied in the statutes or the Constitution of the United

States, and subject further to all express restrictions upon such

powers contained in this constitution and the attached by-laws.

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

on behalf of the tribe and to advise and consult with the representa-

tives of the Interior Department on all activities of the Department

that may affect the Blackfeet Tribe.

(b) To employ legal counsel for the protection and advancement

of the rights of the Blackfeet Tribe and its members ; the choice of

counsel and the fixing of fees to be approved by the Secretary of the

Interior.

tribal lands, interests in lands or other tribal assets, without the con-

sent of the tribe.

(d) To advise the Secretary of the Interior in regard to all ap-

propriation estimates or Federal projects, for the benefit of the Black-

feet Tribe prior to the submission of such estimates to the Bureau of

the Budget and Congress.

(e) To manage all economic affairs and enterprises of the Black-

feet Reservation, including all oil leases on tribal lands and the dis-

position of all oil royalties from tribal lands, in accordance with the

terms of a charter to be issued to the Blackfeet Tribe by the Secretary

of the Interior.

(f) To make assignments of tribal lands to members of the. Black-

feet Tribe in conformity with article YII of this constitution.

(g) To select subordinate boards, tribal officials and tribal em-

ployees, not otherwise provided for in this constitution, and to pre-

scribe their tenure and duties, and to make expenditures from avail-

able tribal funds for public purposes, including salaries or other

remunerations of tribal officials or tribal employees. Such salaries

or remunerations shall only be paid for services actually authorized

in a regular and legal manner and actually rendered ; and the amount,

or amounts, so paid shall be a matter of public record at all times.

(h) To regulate and license all business or professional activities

conducted upon the reservation, subject to the approval of the Secre-

tary of the Interior and to levy- assessments for public purposes,

provided that any assessments upon non-members trading or residing'

within the jurisdiction of the tribe shall be subject to tlie approval

of the Secretary of the Interior.

(i) To exclude from the land owned by the tribe or its members

persons not legally entitled to reside thereon, under ordinances which

shall be subject to review by the Secretary of the Interior.

(j) To requisition community labor for public purposes of the

tribe and to purchase land from members of the tribe under condem-

nation proceedings in courts of competent jurisdiction, subject to

review by the Secretary of the Interior.

(k) To promulgate ordinances for the purposes, of safeguarding

the peace and safety of residents of the Blackfeet Indian Reserva-

tion, and to establish minor courts for the adjudication of claims or

disputes arising amongst the members of the tribe, and for the trial

and punishment of members of the tribe charged with the commission

of offences set forth in such ordinances.

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

than allotted lands within the Blackfeet Reservation, subject to re-

view by the Secretary of the Interior.

(m) To encourage and foster Indian arts, crafts, culture, and *

traditions.

(in) To enact ordinances not inconsistent with article II of this'

constitution, governing adoption and abandonment of membership,

and to keep at all times a correct roll of the Blackfeet Reservation.

(o) To provide for the appointment of guardians for minors and

mental incompetents, by, ordinances or resolutions, subject to the ap-

proval of the Secretary of the Interior.

(p) To promulgate rules and regulations governing fishing, hunt-

ing, and trapping on the Blackfeet Reservation.

(q) To adopt resolutions regulating the procedure of the council

itself, and of other tribal agencies and tribal officials of the

reservation.

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

tions which are open to all members of the tribe any of the foregoing

power’s, reserving the right to review any actions taken by virtue of

such delegated power’s.

Sec. 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 ordi-

nance or resolution, it shall thereupon become effective, but the super-

intendent shall transmit a copy of the same, bearing his endorsement,

to tire Secretary of the Interior, who may, within ninety (00) days

from the date of enactment, rescind the said ordinance or resolution

for any cause, by notifying the tribal council of such decision. If

the superintendent shall refuse to approve any resolution of ordi-

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

shall advise the Blackfeet Tribal Business Council of his reason

thereof. If these reasons appear to the council insufficient, it may,

by a majority vote, refer the ordinance or resolution to the Secretary

of the Interioi’, who may, within ninety (90) days from the date of

its enactment, approve the same in writing, whereupon the said ordi-

nance or resolution shall become effective.

Sec. 3. Future powers . — The council of the Blackfeet Reservation

may exercise such further powers as may in the future be delegated

to the council by the members of the tribe or the Secretary of the

Interior or by any other duly authorized official or agency of the

State or Federal Government.

Sec. 4. Reserved powers . — Any right and powers heretofore vested

in the tribe or band of the Blackfeet 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 BJackfeet Reservation

through the- adoption of appropriate by-laws and constitutional

amendments. %

Article VII— Land

Section' 1. Allotted lands . — Allotted lands, including heirship

lands, within, the Blackfeet Reservation, shall continue to be held as

heretofore by their present owners. It is recognized that under

existing laws such lands may be condemned for public purposes, such

as l’oads, public buildings, or other public improvements, upon pay-

ment 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 in-

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

members of the Blackfeet Tribe. Likewise it is recognized that

under existing law the Secretary of the Interior may, in his dis-

cretion, remove restrictions upon such land, upon application by the

Indian owner, whereupon the land will become subject to State

taxes and may then be mortgaged or sold. The right of the indi-

vidual Indian to hold or to part with his land, as under existing

law, shall not be abrogated by anything contained in this constitu-

tion, but the owner of restricted land may, with the approval of the

Secretary of the Interior, voluntarily convey his or her land to the

Blackfeet Tribe, either in exchange for a money payment or in ex-

change for an assignment covering the same land or other land, as

hereinafter provided.

Sec. 2. Tribod lands .— The unallotted lands of the Blackfeet Res-

ervation, and all lands which may hereafter be acquired by the

Blackfeet Tribe or by the United States in trust for the Blackfeet Jfl

Tribe, including tribal timber reserve, shall be held as tribal lands,

and no part of such land shall be mortgaged or sold. Tribal lands

shall not be allotted to individual Indians but may be assigned to

members of the Blackfeet Tribe, or leased, or other wise used by the

tribe as hereinafter provided.

Sec. 3. Leasing of tribal lands. — Tribal lands may be leased by

the tribal council, with the approval of the Secretary of the In-

terior, for such periods of time as are permitted by law.

No lease of tribal land to a nonmember shall he made by the tribal

council unless it shall appear that no Indian cooperative association

or individual member of the tribe is able and willing to use the land

and to pay a reasonable fee for such use.

Grazing permits covering tribal land may be issued by the tribal

council, with the approval of the Secretary, of the Interior, in the

same manner and upon the same terms as leases.

Sec. 4. Grant of “ standard ” assignments. — In any assignment of

tribal lands which now are owned by the tribe or which hereafter

may be acquired for the tribe by the United States or purchased by

the tribe out of tribal funds, preference shall be given, first, to heads

of families which are entirely landless, and second, to heads of fam-

ilies which have no allotted lands or interests in allotted lands but

shall have already received assignments consisting of less than forty

(40) acres of irrigated agricultural land, one hundred and sixty

(160 ) acres of dry agricultural land or three hundred and twenty

(320) acres of grazing land, or other land or interests in land oi

equal value.

No allotted member of the tribe who may hereafter have the

restrictions upon his land removed and whose land may thereafter

be alienated shall be entitled to receive an assignment of land as a

landless Indian.

The tribal council may, if it sees fit, charge a fee of not to exceed

$2.00 on approval of an assignment made under this section.

Assignments made under this section shall be for the primary

purpose of establishing homes for landless Indians, and shall be

known as “standard” assignments.

Sec. 5. Tenwe of standard assignments. — If any member of the

tribe holding a standard assignment of land shall for a period of

one (1) year fail to use the land so assigned or shall use such land

for any unlawful purposes, his assignment may be cancelled by the

tribal council after due notice and an opportunity to be heard, and

the said land may be reassigned in accordance with the provisions

of section 4 of this article.

Upon the death of any Indian holding a “standard” assignment,

his heirs or other individuals designated by him by will or by written

request, shall have a preference in the reassignment of the land,

provided such persons are members of the Blackfeet Tribe who

would be eligible to receive a “standard” assignment.

Sec. 6. Grant of “ exchange'' assignments. — Any member of -ine

tribe who owns an allotment or any share of heirship land or any

deeded lands within the reservation may voluntarily transfer his

interest in such lands to the tribe 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 propor-

tionate share in a larger grazing unit.

Assignments made under this section shall be known as exchange

assignments.

Sec. 7. Leasing of exchange assignimnts.^^Kctvnngo assignments

may be used by the assignee or leased by him to Indian cooperative

associations, to individual members of the tribe, or, if no individual

Indian or Indian cooperative association is able and willing to rent

the land at a reasonable fee, such assignments may be leased to non-

Indians, in the same manner as allotted lands.

Sec. 8. Inheritance of exchange assignments .■ — Upon the death of

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

by the tribal 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 Blackfeet Tribe, except that a life assignment

may be made to the surviving child, widower or widow of the holder

of an assignment.

(b) 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 eighty (80) acres,

and no area of agricultural land shall be subdivided into units

smaller than 2 y 2 acres, except that land used for buildings or other

improvements may be divided to suit the convenience of the parties.

Where it is impossible to divide the land properly among the eligible

heirs or devisees, the tribal council shall issue to such heirs or devisees

grazing permits or other interests in tribal lands of the same value

as the assignment of the decedent.

ing under allotment or assignment more than two sections of grazing

land or other land of equal value.

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

land shall be eligible for reassignment in accordance with the provi-

sions of section 4 of this article.

Sec. 9. Inheritance of improvements. — Improvements of any char-

acter made upon assigned land may be bequeathed to and inherited

by members of the Blackfeet Tribe or otherwise disposed of under

such regulations as the tribal council shall provide. No permanent

improvements shall be removed from the land without the consent of

the tribal council.

Sec. 10. Exchange of assignments. — Assignments may be ex-

changed between members of the Blackfeet Tribe by common con-

sent in such manner as the tribal council shall designate.

Sec. 11. Use of unassigned tribal land. — Tribal land which is not

leased or assigned, including tribal timber reserves, shall be man-

aged by the tribe for the benefit of the members of the entire tribe,

and any cash income derived from such land shall accrue to the

benefit of the tribe as a whole.

Sec. 12. Purchase of land by tribe. — Tribal funds may be used,

with the consent of the Secretary of the Interior, to acquire land,

under the following conditions:

(a) Land within the Blaekfeet Reservation or adjacent to the

boundaries thereof which is not now in Indian ownership may be

purchased by or for the Blaekfeet Tribe.

(b) Restricted land, which is in heirship status at the time of the

adoption and approval of this constitution, may be purchased by

or for the tribe, with the consent of all the adult heirs, and the legal

guardians of minor heirs, payment therefor to be made as may be

agreed upon,

of sixty (60) years or is physically incapacitated and who is with-

out dependents may be transferred by its owner to the tribe in ex-

change for a pension upon such terms as may be agreed upon.

(d) Land owned by any member of the tribe who desires to leave

the reservation permanently may be purchased by the tribe, under

such terms as may be agreed upon.

Sec. 13. Method of making assignments. — Application for as-

signments shall be filed with the secretary of the council and shall

be in writing, setting forth the name of the person or persons apply-

ing for the land and as accurate a description of the land desired as

the circumstances will permit. Notices of all applications received

by the secretary shall be posted by him in the agency office and in at

least three conspicuous places in the district in which the land is

located for not less than twenty (20) days before action is taken by

the council. Any member of the tribe wishing to oppose the grant-

ing of an assignment shall do so in writing, setting forth Iris ob-

jections, to be filed with the secretary of the council, and may, if he

so desires, appear before the council to present evidence. The sec-

retary of the council shall furnish the superintendent or other officer

in charge of the agency a complete record of all action taken by the

council on applications for assignment of land, and a complete rec-

ord of assignments shall be kept in the agency office and. shall be

open for inspection by members of the tribe.

The council shall draw up one or more forms for standard and

exchange assignments, which shall be subject to the approval of the

Secretary of the Interior.

Article VIII — Bill oe Bights

Section 1. Suffrage. — -Aliy member of the Blackfeet Tribe,,

twenty-one (21 ) years of age or oyer, shall be eligible to vote at any

election when he or she presents himself or herself at a polling place

within his or her voting district.

Sec. 2. Economic rights.-— All members of the tribe shall be ac-

corded equal opportunities to participate in the economic resources

and activities of the reservation.

Sec. 3. Civil liberties. — All members of the tribe may enjoy

without hindrance freedom of worship, conscience, speech, press,

assembly, and association.

Sec. 4. Rights of accused. — Any member of the Blackfeet Tribe

accused of any offense shall have the right to a bond, open and

public hearing, -with due notice of the offense charged, and shall be

permitted to summon witnesses on his own behalf. Trial by jury

may be demanded by any prisoner accused of any offense punishable

by more than thirty days’ imprisonment. Excessive bail shall not

be required and cruel punishment shall not be imposed.

Article IX — -Referendum

Upon a petition of at least one-third (V3) of the eligible voters

of the Blackfeet Tribe, or upon the request of a majority of the

members of the tribal council, any enacted or proposed ordinance

or resolution of the council shall be submitted to popular refer-

endum, and the vote of a majority of the qualified voters voting

in such referendum shall be conclusive and binding on the tribal

council.

Article X — Amendments

This constitution and by-laws may be amended by a majority

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

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

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

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

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

duty of the Secretary of the Interior to call an election on any pro-

posed amendment, at the request of two-thirds (%) of the coun-

cil, or upon presentation of a petition signed by one-third ( i/s ) of the

qualified voters, members of the tribe.

BY-LAWS OF THE BLACKFEET TRIBAL BUSINESS COUNCIL OF

MONTANA

Article I

To be eligible for membership on the Blackfeet Indian Tribal

Council, it will be necessary that the Indian be a member of the

Blackfeet Tribe, living on the Blackfeet Reservation for at least six

(6) months prior to the date of election at which he or she may

become a candidate. The council in office shall determine whether

or not he or she is an eligible candidate for the district which he or

she proposes to represent.

Article II — Installation of Elected Business Council

Candidates

The newly elected candidates to the tribal council shall be installed

in office at the first regular meeting of the council after certificate of

their election has been issued.

Article III — Polling Places

Polling places shall be established as follows until otherwise pro-

vided by ordinance of the tribal council: Browning district; Seville

district; Heart Butte district; Old Agency district; Agency Com-

munity Hall, Babb Ranger Station ; Agency Community Hall ; Heart

Butte Community Hall, Little Badger Community Hall; Old Agency

Community Hall.

Article IV — Judges and Clerks

On each election day there shall be employed and stationed at

each polling place three (3) election judges and two (2) clerks, who

shall be named by the council in office. The judges shall judge the

election and the clerks will record and tally votes.

Article V — Meetings

A regular council meeting shall be called on the first Thursday

of each month and special meetings may be called by the chairman

of the council at such times as are deemed necessary. Meetings will

be held at the Community Hall in Browning. They will be open to

the general public and from time to time the public will be invited

to participate in the discussion of matters of importance to the tribe.

Article VI — Duties of Officers

Chairman. — The chairman shall preside at all council meetings.

Vice chairman. — Should the chairman not be present at a meeting' •

the vice chairman shall preside in his stead.

Secretary . — The secretary shall call the roll at the opening of each

meeting. He then shall read the minutes of the previous meeting.

The minutes shall be approved by the council, after which it shall

be the secretary’s duty to call to the attention of the council any

unfinished business of the previous meeting. Further, the secretary

shall read to the council all communications which, during the month

have been received by said council. It shall be the duty of the secre-

| tary to answer all correspondence after it has been discussed and a

li decision made by the council.

Sergeant-at-arms . — It shall be the duty of the sergeant-at-arms to

S keep order at all council meetings.

Article VII — Procedure of Adoption

This constitution and the attached bylaw’s, when adopted by a

majority vote of the voters of the Blackfeet Tribe voting at a special

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

ft thirty (80) percent of those entitled to vote shall vote, shall be sub-

t nutted to the Secretary of the Interior for his approval, and shall

S; be in force from the date of such approval.

CERTIFICATE OF ADOPTION

Pursuant to an order, approved October 19, 1935, by the Secre-

tary of the Interior, the*attached constitution and by-laws were sub-

mittecl for ratification to the members of the Blackfeet Tribe of the

Blackfeet Reservation and were on November 13, 1935, duly accepted

by a vote of 884 for and 15T against in an election in which over 30

percent of those entitled to vote cast their ballots, in accordance

ij with section lft of die Indian Reorganization Act of June 18, 1934

m (48 Stat, 984), as amended by the act of June 14, 1935 (Pub., No.

174, 74th Cong.),

n Joseph W. Brown;

Chairman of Election Board.

» Joseph W. Brown,

■*' Chairman of Blackfeet Tribal Business Council.

’& Leo M. Kennerly,

p Secretary.

| Warren L. O’Hara,

f - Superintendent.

I, Havolil L. Ickes, tl\e. 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 by-laws of the Blackfeet Tribe of the

Blackfeet Reservation.

All rules and regulations heretofore promulgated by tbe 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 by-laws are hereby declared inapplicable to the Blackfeet Tribe

of the Blackfeet Reservation.

All officers and employees of the Interior Department are ordered

to abide by the provisions of the said constitution and by-laws.

Approval recommended.

A. C. Monahan,

Acting Commissioner of Indian Affairs.

Harold L. Ickes,

Secretary of the Interior .

[seal]

Washington, D. C., December 13, 1935.

AMENDMENT— CONSTITUTION AND BY-LAWS OF THE

BLACKFEET TRIBE OF THE BLACKFEET INDIAN

RESERVATION, MONTANA

AMENDMENT I

That section 2 of article III shall be amended by striking therefrom

lines 5, 6, 7.

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