# � ']!6�����!Blackfeet Tribe - Const._djvu.txtUT ��j��j > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aeastern_shoshone%3A0c39ccdb4da313b1 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text PK � ']!6�����!Blackfeet Tribe - Const._djvu.txtUT ��j��j 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. (c) All children having one-fourth (1/4) degree of Blackfeet 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. 1 / 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 _3 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. (c) To prevent the sale, disposition, lease, or incumbrance of 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. 4 (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. 5 (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. 6 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 . (c) Such lands may not be reassigned to any heir or devisee 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 10 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. 11 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 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 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. 12 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 13 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 -,) 14 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. (c) All children having one-fourth- (l/4) degree of Blackfeet 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 t > r C 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 f ■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 1 IN REPLY REFER TO: 4 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 of 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 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. 2 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. 3 (c) All questions of residence as referred to in this Con- 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. k (c) Failure to attend three ( 3 ) regular meetings in 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. 5 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 . (c) To protect and preserve the wildlife and natural resources 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. 6 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. 1 7 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. 8 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. (c) All checks, drafts, or other order for the payment of tribal 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. (c) He shall see that all resolutions and ordinances are carried into effect. r* 9 (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. (c) He shall keep the tribal roll, showing all changes therein 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. 10 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. (c) Disburse the funds of the tribes as may be ordered by 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. i (c) He shall not be a voting member of the Board, 11 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. 12 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 PK � ']1�8�C�C� Fort Belknap - 1 Const._djvu.txtUT ��j��j United States Department of the Interior ameriL OFFICE OF THE SECRETARY Washington, D.C. 20240 TAKE THROUGH: BILLINGS AREA DIRECTOR OCT 11993 Ms. Edith Adams Superintendent, Fort Belknap Agency P.0. Box 98 Harlem, Montana 59526 Dear Ms. Adams: We have received the results of the election held on September 17, 1993, by the qualified voters of the Fort Belknap Indian Community of Montana. The election was called in accordance with an order issued on July 15, 1993, by the Deputy Commissioner of Indian Affairs, which permitted the qualified voters of the Fort Belknap Indian Community to vote on the adoption or rejection of the proposed revised constitution. We have also received several validly filed letters contesting the results of that election. After carefully considering the allegations, I found nothing that would justify a recount of the ballots or the holding of a new election which are the only remedies available under the Secretary of the Interior's (Secretary) election regulations found at Title 25 of the Code of Federal Regulations, Part 81. As evidenced by the completed Certificate of Results of Election, the Constitution and Bylaws of the Fort Belknap Indian Community was duly adopted by a vote of 416 for and 150 against in an election in which 61% of the 959 members registered and entitled to vote cast their ballots. The Constitution and Bylaws of the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana is hereby approved pursuant to the authority granted to the Secretary by the Act of June 18, 1934 (48 Stat. 984), as amended, and delegated to me by 230 D.M. 2.4. Please deliver the enclosed original document to the Community. Sincerely Ada E. Deer Assistant Secretary - Indian Affairs Enclosure cmsmuricN and bylaws OF THE FORT BELKNAP INDIAN COWUNITY OF THE PCRT BELKNAP RESERVATION OF NCNIANA PREAMBLE We, the duly enrolled members of the Fort Belknap Reservation in the State of Montana, in order to secure to ourselves and our descendants the management of our own affairs, and to perpetuate this reservation as an abiding place for the members of this Oorrrnunity, do establish this Constitution of the Fort Belknap Indian Oorrrnunity. ARTICLE I - OBJECTIVES It shall be the object of the Fort Belknap Indian Oonmunity: (a) To establish and maintain, with the aid of the Federal Government, a form of home rule that shall promote the advancement and welfare of the Indians of the Fort Belknap Reservation. (b) To establish and enforce such rules as may be necessary to safe- guard Indian property for the use of present and future generations . (c) To obtain for all Indians of this Oorrrnunity, of the present and future generations, lands needed for home and livelihood. ARTICLE II - TERRITORY The jurisdiction of the Fort Belknap Indian Oorrrnunity shall extend to all lands now contained within the Fort Belknap Reservation and to any lands that may in the future be added thereto. ARTICLE III - MEMBERSHIP Section 1 . Original Members of Oorrmunitv . Every living person whose name appears an the Allotment Roll of the Fort Belknap Reservation prepared and approved pursuant to the Act of March 3, 1921 (41 Stat. 1355), shall be entitled to membership in the Fort Belknap Indian Community. Section 2 . Descend ants of Allottees . Each person of one-fourth (1/4) or more Indian blood, regardless of residence, bom heretofore or hereafter to any member or desce n da n t of a member of the Cbnmunity whose name was or is on the Allotment Roll of the Fort Belknap Reservation prepared and approved pursuant to the Act of March 3, 1921 (41 Stat. 1355), shall automatically be entitled to membership in the Oommunity. Section 3 . Adoption . The Oonminity may by a majority of the votes cast by the members of the Cfcmnunity, adept as a member of the Oomnunity any person of one-eighth (1/8) degree or more Indian blood who is a descendant of a member of the Fort Belknap Oomnunity and/or an allottee; PROVIDED . That any person to be eligible for adaption must have resided at least three (3) consecutive years upon the Fort Belknap Reservation, and PROVIDED. FURTHER . That such person has not received membership in any other tribe of Indians. Section 4 . Loss of Membership . In no case shall a member lose his member- ship other than by personal request in writing to the Oomnunity Council or by reason of his having established legal residence in a foreign country. Section 5 . Definition . Wherever the term "Indian blood" is used in this Article it shall be determined to mean the blood of either or both the Assiniboine or the Gros Ventre Tribe of the Fort Belknap Reservation. Section 6 . Current Membership Roll . The membership roll of the Fort Belknap Indian Ctorrrnunity shall be kept current by striking therefrom the names of persons who have relinquished in writing their membership in the Oomnunity or have established legal residence in a foreign country and of deceased persons upon receipt of a death certificate or other evidence of death acceptable to the Cbmnunity Council, and by adding thereto the names of persons who meet the membership requirements and who comply with the procedures for enrollment as members of the Oomnunity. Section 7 . Appeals . Any person who has been rejected for enrollment as a member of the Oomnunity, EXCKPi those rejected under Section 3, shall have the right to appeal within 60 days from the date of written notice of rejection to the Secretary of the Interior from the decision of the Oomnunity Council, and the decision of the Secretary of the Interior shall be final. Section 8 . Rules of Procedure . The Oomnunity Council shall have the authority to prescribe rules to be followed in canpiling a membership roll in accordance with the provisions of this Article, the completed roll to be approved by the Fort Belknap Oomnunity Council, and in case of distribution of Oomnunity assets, the roll shall be submitted to the Secretary of the Interior for final approval. - 2 - ARTICLE IV - ORGANIZATION OF (XNMUNTIY COUNCIL Section 1 . Oomposition . The Ccrrmunity Council shall be cornposed of four (4) members, all of whom shall be chosen every second year by popular vote, a President and Vice President who shall be chosen every four (4) years by pcpular vote, and a Secretary-Treasurer who shall be appointed in accordance with Section 4 of this Article. Every candidate for elected office shall pay a filing fee of $10.00. Section 2 . Creation of Districts; Apportionment . There shall be created by the Qxnnunity Council two (2) Gros Ventre and two (2) Assiniboine voting districts an the reservation. The actual enumeration for each district shall be m ad e prior to July 1st of each election year. Representation an the Oonmunity Council shall consist of two (2) Gros Ventre and two (2) Assiniboine members, one representative from each tribe residing in each district and having been elected by the members of his or her tribe in that district. The President and Vice-President shall be a 'team of one (1) Gros \fejitre and cne (1) Assiniboine, elected as a team at-large. Section 3 . Tenure . The Gros Ventre and Assiniboine candidates for each district shall be elected for a two (2) year term and may succeed themselves at will. The President and Vice President shall be elected for a four (4) year term and may succeed themselves at will. Section 4 . Officers . The officers of the Comnunity Council shall consist of: a President and Vice President who shall be elected at-large, and a Secretary-Treasurer, who shall be appointed by the President and confirmed by majority vote of the district representatives when properly convened, and who shall be an enrolled member of either the Gros Ventre or Assiniboine Tribes, qualified to perform the financial and administrative duties of Secretary- Treasurer as defined by the Oorrrnunity Council. The Secretary-Treasurer of the (immunity Council, as a nan-elected officer, shall not be entitled to vote an matters before the Cfcmnunity Council. Once confirmed, the Secretary- Treasurer shall serve at the pleasure of the President. ARTICLE V - POWERS OF THE (XMCNTIY COUNCIL Section 1 . Enumerated Pcwers . The Council of the Fort Belknap Oonmunity shall have the following pcwers, the exercise of which shall be subject to popular referendum as provided hereafter: (a) To negotiate with the Federal, State and local governments cn behalf of the Oonmunity and to advise and consult with the representatives of the Interior Department an all activities of the Department that may affect the Port Belknap Oonmunity. (b) lb enploy legal counsel for the protection and advancement of the rights of the Ocrrmunity and its members, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior. (c) TO approve or veto any sale, disposition, lease or encumbrance of tribal lands, interests in lands or other tribal assets which may be authorized or executed by the Secretary of the Interior or his duly authorized representatives, PROVIDED . That no Ccrrmunity lands shall ever be sold or encumbered, but may be leased for any purpose for periods consistent with existing law. (d) TO submit through proper government channels recommendations for the expenditure of Federal funds for tribal support, reimbursable assistance, reservational improvements, health, education, and other necessary activities looking toward the advancement of the members of this Community. (e) To barrow money from the Federal Government in accordance with the terms of a corporate charter to be issued to the Fort Belknap Indian Community. (f) lb manage the economic affairs of the Community and to appropriate available funds for public purposes. (g) To assess fees against members of the Community or their property to obtain funds for payment of expenses of the Community Council or for carrying on any project that in the Council's opinion may be beneficial to the Community as a whole, PROVIDED. HCMEVER . That any district, not directly benefited by any project under contempla- tion, may by a majority vote of the people of the district, exempt itself from such assessment. In case of dispute as to whether a certain district is benefited by a given project, any party may appeal to the Commissioner of Indian Affairs for a final determination . (h) To exclude from the territory of the Community persons not legally entitled to reside therein under ordinances which shall be subject to review by the Secretary of the Interior. • (i) To establish ordinances, subject to review by the Secretary of the Interior, governing law enforcement an the reservation, and to set up courts for the trial and punishment of offenders against such ordinances, in cases that do not fall within the jurisdiction of the Federal Court. - 4 - (j) lb purchase land of members of the Community for public purposes, under condemnation proceedings in courts of competent jurisdiction (k) To prohibit the overgrazing of lands or other depletion of the capital or natural resources of the Oormiunity by ordinances which fshall be subject to approval by the Secretary of the Interior. {1) To establish ordinances relating to the assignment, use or transfer of tribal lands within the jurisdiction. (m) To regulate the inheritance of real and personal property, other than allotted lands, within the territory of the Oomnunity. (n) To charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the Cfcrmunity. (o) To regulate the domestic relations of members of the Ocrrmunity. (p) To provide for the appointment of guardians for minors and mental inccnpetents by ordinance or resolution subject to review by the Secretary of the Interior. (g) To make reconmendatians to the Superintendent or the Gorrmissioner of Indian Affairs or the Secretary of the Interior concerning the appointment and removal of enplcyees assigned to duties an the Fort Belknap Reservation. (r) To appoint subordinate boards and tribal officials, and to provide for the popular election of subordinate district councils, and to delegate to such boards, councils, or officials or to cooperative associations which are open to all members of the Oomnunity any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated power. (s) Tb promulgate ordinances, subject to review by the Secretary of the Interior, providing for the assessment and collection of license fees from nonmembers doing business, or obtaining any other special -ri ght or privilege within the reservation, including tcwnsites therein. Section 2 . Manner of Review . Any resolution or ordinance which, by the terms of this constitution, is subject to review by the Secretary of the Interior, shall be presented to the Superintendent of the reservation, who shall, within ten (10) days thereafter, approve or disapprove the same. If the Superintendent shall approve any ordinance or resolution, it shall thereupon become effective, but the Superintendent shall transmit a copy of the same, bearing his endorsement, to the Secretary of the Interior, who may within 90 days from the date of enactment, rescind the said ordinance or resolution . for any cause, by notifying the Ctnrnunity Council of such recisicn. If the Superintendent shall refuse to approve any resolution or ordinance submitted to him, within ten (10) days after its enactment, he shall advise the Ooninunity Council of his reasons therefor. If these reasons appear to the Council insufficient, it nay, by a najority vote, refer the ordinance or resolution to the Secretary of the Interior, who may, within 90 days from the date of its enactment, approve the same in writing, whereupon the said ordinance or resolution shall become effective . Section 3 . Future Powers . The Council of the Fort Belknap Oonmunity may exercise, subject to popular referendum, such further, powers as may in the future be delegated to the Cbnrnunity by the Secretary of the Interior, or by any other duly authorized official or agency of government. Section 4 . Keserygd Powers . Any rights and powers heretofore vested in the tribes of the Port Belknap Indian Community hut not expressly referred to in this constitution shall not be abridged by this Article but may be exercised by the people of the Fort Belknap Ootmiunity through the adoption of appropriate bylaws and constitutional amendments. ARTICLE VI - INITIATIVE AND REFERENDUM Whenever a natter of great importance comes before the Council the councilman shall, by resolution duly passed, submit the matter to the vote of the people. If they do not so agree to submit the question, any two (2) members of the Council, or one hundred members of the Community, may within thirty (30) days after the vote of the Council, call such a popular referendum, but no councilman shall call more than two (2) referendum elections during any calendar year. When a referendum election has been called, the question to be voted cn shall be posted at the voting places for at least ten (10) days prior to the election. The notice shall contain the ordinance or resolution to be voted an with the accompanying words: "Shall the ordinance (or resolution) be approved. Yes ( ) . No ( ) ." The will of the majority of those voting shall be the law, PROVIDED at least one-third of the eligible voters actually vote. - 6 - ARTICLE VII - ELECTIONS Section 1 . Right to Vote . All members of the Oorrmunity of either sex, eighteen (18) years of age or over, are entitled to vote at any election when he or she presents himself or herself at any polling place in the voting district wherein the member resides, or in the case of nonresidents, absent or infirm eligible voters, by absentee ballot, which shall be mailed to such voters upon written request. Eligible nonresident members of the Omainity shall also be entitled to vote in the district they are assigned by the Council utilizing the duly enacted Election Ordinance during the enumeration process. Each member of the Community shall be entitled to vote for one candidate from their designated tribe for the council seat from their designated district. Each member of the Community shall be entitled to one vote for the President and Vice President, who shall run for office as a team and be elected by all voters at-large. Section 2 . Time of Elections . A primary election shall be held in each district. The two (2) candidates for each office in each district receiving the most votes shall progress to a general election in which the candidate receiving the majority of the votes shall be elected and seated. For the offices of President and Vice President, the two (2) teams receiving the most votes at-large shall progress to a general election in which the team receiving the majority of the votes at-large shall be elected and seated. Primary elections for membership on the Ocrrrnunity Council shall be held on the first Tuesday in November of the second year, and the general elections shall be held on the first Tuesday in December of the same year. Duly elected Council members shall take office immediately upon certification of the election results. Section 3 . Manner and Place of Elections . Elections shall be taken by ballot, and polling places in each district shall be established by the Council . Absentee ballots, including those of nonresidents, shall be counted in the district and with the tribal affiliation to which the voter has been designated in the enumeration process. The Council shall appoint three (3) election judges to serve at each polling place for each election, and the judges shall certify the results of the election. Section 4 . Nominations . Candidates for election to membership on the Community Council shall give public notice of such intention at least thirty (30) days prior to the primary election date and at the same time file with the Secretary-Treasurer of the Council a certificate of such intention including a statement of residency in the district within which he or she wishes to run for office, a statement of tribal affiliation for such office, and an endorsement by five (5) duly qualified electors from the same tribe and same district, other than immediate relatives . Candidates for election to the Presidency and Vice Presidency shall give public notice of such intention at least thirty (30) days prior to the primary election date and at the sane time file with the Secretary-Treasurer of the Council a certificate - 7 - of such intention, including a statement of reservation residency, a statement of affiliation of one (1) member of the team as a Gros Ventre and one (1) as an Assiniboine, and an endorsement of the team by five (5) d u ly qualified electors from each tribe, other than immediate relatives. ARTICLE VIII - REMOVAL FRCM OFFICE Section 1 . Forfeiture of Office . Any member of the Oonmunity Council who shall be absent from three (3) consecutive regular meetings of the Council, unless such absence shall be excused for cause, or who shall be convicted of any offense involving dishonesty, shall automatically forfeit his office. Section 2 . Impeachment . The Council may expel a member for cause by a two-thirds vote, after due notice of charges and allowing an opportunity to be heard. Section 3 . Vacancies . When vacancies on the Council exist more than 270 days before an election to fill Oouncil seats, the President shall issue a writ of election to fill such vacancies. At least thirty (30) days notice of such election shall be given, and if more than two (2) candidates file for a vacancy, the Council may conduct a primary to reduce the number of candidates to two (2) for the position. In the event there occurs a vacancy in the office of President, the Vice President shall assume the office of President and shall then appoint a Vice President from within the tribe of the former President. In the event there occurs a vacancy in the office of Vice President, the President shall appoint a Vice President from within the tribe of the former Vice President. Section 4 . Recall . (A) Any person elected to the Ctouncil, including the President and Vice President as a team, shall be subject to recall from that office. In the case of a councilman, recall shall be initiated by a petition signed by no less than forty percent (40%) of the number of votes cast by tribal members in the councilman's district for that position in the last general election preceding the recall petition. In the case of recall of the President and Vice President, recall shall be initiated by a petition signed by no less than forty percent (40%) of the total number of at-large votes cast for the position at the last general election preceding the recall petition. (B) Every recall petition must contain a general statement of cause, in not mere than two hundred (200) words, of the grounds of such demand for recall, and must be filed at the office of the Secretary-Treasurer of the Council. The subject of the recall petition shall immediately be served with a copy of the recall petition and shall have ten (10) days from the date of service to file his/ter response to the general statement of cause, in not more than two hundred (200) words, with the Secretary-Treasurer of the Council. Each signatory must add to his or her signature the date of signing, his or her residency and t ribal affiliation. - 8 - (C) If the subject of the recall offers his or her resignation, it shall be accepted by the Cbuncil. If he or she does not resign within ten (10) days after a recall petition is filed, a special recall election shall be ordered and held, not less than twenty (20) nor more than thirty (30) days after such filing, to determine whether the subject should be recalled. On the ballots at said election the reasons set forth in the recall petition together with the subject's response, in not more than two hundred (200) words, shall be printed for review by the voters. The subject shall continue to hold office until the results of the election are officially declared by the Council . The subject shall be recalled in the event that a majority of the voters in the special recall election vote for such recall. Such action to certify the election results shall be taken as soon as possible after the election. (D) No recall petition shall be circulated against a councilman until he or she has been in office for a period of eight (8) months. Should a recall petition fail, the subject shall not be subjected to further recall action within one (1) year of the special recall election. ARTICLE IX - AMENEMENIS This constitution and bylaws may be amended by a majority vote of the qualified voters of the Oonminity voting at an election called for that purpose by the Secretary of the Interior, PROVIDED . That at least thirty (30) percent of those entitled to vote shall vote in such election; but no amendment shall become effective until it shall have been approved by the Secretary of the Interior It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment, at the request of the Oouncil, or upon presentation of a petition signed by one-third (1/3) of the qualified voters, members of the Community. - 9 - /■"N BYLAWS OF THE PORT BELKNAP INDIAN COMMUNITY OF THE PORT BELKNAP RESERVATION OF MNIANA ARTICLE I - DOTIES OF OFFICERS Section 1 . President . It shall be the duty of the President to preside at all meetings of the Council and to direct the work of its officers. He shall appoint such standing conmittees as are provided for in the bylaws and constitution and such tenporary committees as the business of the Ocnmmity may require. He shall issue all necessary writs for regular or special elections, setting dates, place of polling, cause due notices to be posted, and in other ways perform any and all duties devolving upon his office with diligence and dispatch. Section 2 . Vice President . The Vice President shall preside at any meeting of the Council from which the President is absent, and in the event of the death of the President or his resignation or removal from office, he shall serve the remainder of the term as President. Section 3 . Secretary-Treasurer . The Secretary-Treasurer shall conduct the correspondence of the Community Cbuncil, shall keep all records, minutes of meetings, roster of members, records as to expenditures and allotments of tribal, gratuitous, or other funds over which the Council has sole charge. He shall keep an accurate record of all members of the Community, prepare necessary resolutions for appropriate actions by the Council; he shall prepare or cause to be prepared by such assistants as are assigned to him by the President, such reports or registers as the President or council may direct. He shall be required to give bond acceptable to the Community and the Commissioner of Indian Affairs. ARTICLE II - QQALIFICAnCNS OF OFFICE No person shall represent the Community an the Cbuncil unless he is a duly enrolled member of the Community who has attained the age of twenty- five (25) years, and who has never been convicted of a major crime. ' ' ARTICLE III - SALARIES .r The councilman shall receive as compensation for their services not to exceed $3.00 per day while in session, and a mileage fee of five cents ($.05) per '■ mile for travel from their home to place of meeting and return. Expenses shall be paid from tribal funds. The Community Council may fix salaries of officers or committeemen. - 10 - ARTICLE IV - MEETINGS AND PROCEDURES Section 1 . Regular Meetings . The Community Council shall assemble an the first Monday of every month. Section 2 . Special Meetings . A special meeting may be called upon two (2) days notice' by the President or by any four (4) members of the Council. Section 3 . Quorum . A majority of the members shall constitute a quorum to Section 4 . Rules of Order . The Council may determine the rules of its proceedings and may punish its members for disorderly behavior. Section 5 . Place of Meetings . The official meeting place of the Community Council shall be at the agency headquarters unless otherwise agreed. e * t Section 6 . Disqualification for Interest . No member of the Council shall cast a vote an any question in which he may have a personal pecuniary .interest. ARTICLE V - LAND Section 1 . Allotted Tands . Allotted lands, including heirship lands, within the Port Belknap Reservation shall continue to be held by their present owners as heretofore. It is recognized that under existing law such lands may be condemned for public purposes, such as roads, public buildings, or other public improvements , upon payment of adequate compensation, by any agency of the State of Montana or of the Federal Government, or by the tribe itself. It is further recognized that under existing law such lands may be inherited by the heirs of the present owner, whether or not they are members of the Port Belknap Community. Likewise it is recognized that under existing law the Secretary of the Interior may remove restrictions upcn such land, upon application by the Indian owners, whereupon the land will become subject tc State taxes and nay then be mortgaged or sold to non- Indians. The right of the individual Indian to hold or to lose his land, as under existing law, shall not be abrogated by anything contained in this constitution, but the owner of restricted land may, with the approval of the Secretary of the Interior, voluntarily ocnvey his land to the Port Belknap Community, either in exchange for a money payment or in exchange for an assignment covering the same land or other land, as hereinafter provided. Section 2 . Cornrnunitv Tands . The unallotted lands of the Port Belknap Reservation, and all lands which may hereafter be acquired by the Fort Belknap Cbmrnunity, shall be held as Community lands and shall not be allotted to individual Indians but nay be assigned to members of the Fort Belknap Oomramity, or leased, or otherwise used by the Community as hereinafter provided. 11 - Section 3 . Leasing of Oorrmunitv Lands . Oormunity lands may be leased by the Community Council, with the approval of the Secretary of the Interior, for such periods of time as are permitted by law. In the leasing of Comnunity lands preference shall be given first, to Indian cattle associations, and, secondly, to individual Indians who are members of the Port Belknap Oomnunity. No lease of Community land to a nonmember shall be made by the Oomnunity Council unless it shall appear that no Indian cattle association or individual member of the Oomnunity is able and willing to use the land and to pay a reasonable fee for such use. Grazing permits covering Comnunity land nay be issued by the Oomnunity Council, with the approval of the Secretary of the Interior, in the same manner and upon the same terms as leases. Free grazing privileges covering not to exceed 30 head of cattle or an equivalent amount of other livestock, may be assigned ''on Comnunity grazing land by the Comnunity Council, to members of the Community who do not have any grazing land. Section 4 . Grant of "Standard" Assignments . In any assignment of Comnunity lands which are new cwned by the Community or which may be hereafter acquired for the Oomnunity by the United States, or purchased by the Community out of Gornnmity funds, preference shall be given to members of the Community who have no allotted lands or previous assignments of Community lands. Members of the Community, who at the time of allotment an the Fort Belknap Reservation accepted a cash settlement in lieu of allotted lands, are considered as having allotted lands, and no preference will be shewn such members by reason of their being landless. No allotted members of the Community who may hereafter have the restrictions upon his land removed and whose land may hereafter be alienated shall be entitled to receive an assignment of land as a landless Indian. The Community Council may if it sees fit, charge a fee of not to exceed $25.00 an approval of an assignment made under this section. Assignments made under this section shall be for the primary purpose of establishing homes for landless members of the Community and shall be known as "standard" assignments . Section 5 . Tenure of Standard Assignments . If any member of the Oomnunity holding a standard assignment of land shall, for a period of two (2) years fail to use the land so assigned, or shall, after due warning from the proper Community officials, persist in using such land for any unlawful purpose, his assignment may be cancelled by the Community Council after due notice and an opportunity to be heard, and the said land may be reassigned in accordance with the provisions of Section 4 of this Article. - 12 Upon the death of any Indian holding a "standard" assignment, his heirs or other individuals designated by him, by will or written request, shall have a preference in the reassignment of the land, PROVIDED such persons are members of the Fort Belknap Gorrmunity who would be eligible to receive a "standard" assignment. Section 6 . Grant of "Exchange" Assignments . Any member of the Gorrmunity who owns an allotment or any share of heirship land may, with the approval of the Secretary, voluntarily transfer his interest in such land to the Oornnunity in exchange for an assignment to the same land or other land of equal value. If the assignee prefers, he may receive, in lieu of a specific tract of land, a proportionate share in a larger grazing unit. Assignments made under this section shall be known as "exchange" assignments. Section 7 . Leasing of Exchange Assignments . Exchange assignments may be used by the assignee or leased by him to Indian cooperative associations, to individual merrbers of the tribe, or, if no individual Indian or Indian cooperative association is able and willing to rent the land at a reasonable fee, such assignments may be leased to non- Indians, in the same manner as allotted lands. Section 8 . Inheritance of Exchange Assignments . Upon the death of the holder of any exchange assignment, such land shall be reassigned by the Oornnunity Council to his heirs or devisees, subject to the following conditions: (a) Such lands may not be reassigned to any heir or devisee who is not a member of the Fort Belknap Oornnunity, EXCEP1' that a life assignment may be made to the surviving widower or widow of the holder of an assignment. (b) Such lands may not be reassigned to any heir or devisee who already : holds more than 1,000 acres of grazing land, or other land or interests in land of equal value, either under allotment or under exchange assignment . (c) Such lands may not be subdivided among heirs or devisees into units too small for convenient management. No area of grazing land shall be subdivided into units smaller than 40 acres, and no area of agricultural land shall be subdivided into units smaller than two and cne-half acres, EXgefj/ that land used for building or other i mprovements may be divided to suit the convenience of the parties. Where it is impossible to divide the land properly among the eligible heirs or devisees, the Gorrmunity Oouncil shall issue to such heirs or devisees grazing permits or other interests in tribal 1 anris of the same value as the assignment of the decedent. (d) If there are no eligible heirs or devisees of the decedent, the land shall be eligible for reassignment in accordance with the provisions of Section 4 of this Article. Section 9 . Inheritance of Improvements . Inprovements of any character made upon assigned land may be bequeathed to and inherited by members of the Fort Belknap Ocmnunity or otherwise disposed of under such regulations as the Ctrrrnunity Council shall provide. No permanent inprovements shall be moved from the land without the consent of the Oornrnunity Council . Section 10 . Exchange of Assignments . Both standard and exchange assignments may be exchanged between members of the Fort Belknap Community by cannon consent in such manner as the Cbnrnunity Council shall designate. Section 11 . Use of Unassigned Qcrrtmunitv Land . Community land which is not assigned, including Conminity timber reserves, shall , be managed by the Cbmmunity Cbuncil for the benefit of the members of the entire Community, and any rash income derived from such land shall accrue to the benefit of the Community as a whole. Section 12 . Purchase of Land bv Community . Available tribal funds may be used to acquire land under the following conditions: (a) Hie Fort Belknap Indian Community Cbuncil may, in accordance with law, purchase land within the Fort Belknap Reservation or adjacent thereto; and may exchange tribal lands for other lands within the reservation, subject to the approval of the Secretary of the Interior or his duly authorized representative. (b) The Community may purchase any land from its members who desire to sell to the tribe. Section 13 . Method of Making Assignments . Applications for assignment shall be filed with the Secretary of the Council and shall be in writing, setting forth the name of the person or persons applying for the land and as accurate a description of the land desired as the circumstances will permit. Notices of all applications received by the Secretary shall be posted by him in the agency office and in at least three (3) conspicuous places in the district in which the land is located for not less than 20 days before action is taken by the Cbuncil. Any member of the Community wishing to oppose the granting of an assignment shall do so in writing, setting forth his objections, to be filed with the Secretary of the Cbuncil, and may, if he so desires, appear before the Cbuncil to present evidence. The Secretary of the Cbuncil shall furnish the Superintendent or other officer in charge of the agency a complete record of all action taken by the Cbuncil on applications for assignment of land, and a complete record of assignments shall be kept in the agency office and shall be open for inspection by members of the Community. - 14 The Council shall draw up one or more forms for standard and exchange assignments, which forms shall be subject to the approval of the Secretary of the Interior. ARTICLE VI - ADOPTION This constitution and bylaws, when ratified by a majority vote of the qualified voters of the Fort Belknap Indian Cbnrnunity voting at a special election called for the purpose by the Secretary of the Interior, PROVIDED . That at least thirty percent (30%) of those entitled to vote shall vote in such election, shall be submitted to the Secretary of the Interior, and, if approved, shall be effective from the date of approval. - 15 - CERTIFICATE OF RESULTS OF ELECTION Pursuant to a Secretarial election authorized by the Deputy Oorrmissioner of Indian Affairs on July 15, 1993 the Constitution and Bylaws of the Fort Belknap Indian Cbrrrnunity of the Fort Belknap Reservation of Montana, was submitted to the qualified voters of the Fort Belknap Indian Oomnunity and on S eptember 17, 1993 . was duly adcpted/re j ected by a vote of 416 for, and 150 against, and 21 cast ballots found spoiled or mutilated, in an election in which at least thirty percent (30%) of the 959 members entitled to vote cast their ballot in accordance with Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended. Election Board Member Election Board Member Date: - 16 - APPROVAL virtue of the authority granted to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended, and delegated to ms by 230 D.M. 2.4, do hereby approve the Constitution and Bylaws of the Fort Belknap Indian Oomnunity of the Fort Belknap Reservation of Montana. This Constitution is effective as of this date; PROVIDED, That nothing in this approval shall be construed as authorizing ary action under this document that would be contrary to Federal law. Ada E. Deer Assistant Secretary - Indian Affairs Washington, D. C. Date: PK � ']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 c j. UNITED STATES s GOVERNMENT PRINTING OFFICE WASHINGTON : 1957 I 1 I 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- 2 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 3 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 (c) To issue interests in corporate property in 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- I I I I I i 5 I I 9 I I I I I I B Termina- tion of Su- ■pe/rvisovy Powers. 4 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 5 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- 7 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. o 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) 2 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aeastern_shoshone%3A0c39ccdb4da313b1. Public record. Not legal advice.