# OONSUDJTION AND BILAWS

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

,

OONSUDJTION AND BILAWS
OF THE
DUCKWAIER SHOSHDNE TRIBE
OF TOE
DUCKWAIER RESERVATION
NEVADA
PREAMBLE
November 13,
We, the Shoshone Indians residing on lands proclaimed on
be known hereafter as
1940, to be an Indian reservation, -which shall
organizathe IXickwater Reservation, in order to establish a tribal
to
resources,
our
develop
to
property,
tion to conserve our tribal
our
and
ourselves
of
welfare
the
administer justice, and to promote
and
descendants, do hereby ordain and establish this Constitution
Bylaws for the Duckvater Shoshone Tribe.

ARTICLE I -- NAME AND TERRITORY
The riamp of this organized body shall be the IXickwater
Shoshone Tribe.
.cjgf+.-inn

1

.

Die jurisdiction of the Duckvater Shoshone Tribe shall inSec. 2.
ni^p
nil
p~l
the territory within the confines of the IXickwater Reservaand
tion as established by the Proclamation dated November 13, 19^0,
the
by
acquired
be
hereafter
may
as
lands
to such other

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

ARTICLE

U — MEMBERSHIP

SectiofKL. Die membership of the Duckvater Shoshone Tribe
of the following:
(a)
Pfrr\d

•

—

V\

walo^

shall^consi

All Shoshone Ind£ahs--Q£^at least one-half degree Indian blood
who may be designated by~~tbe~-Secretary..of''€he Interior as
eligible for residence on lands>ir chased heretofore or hereafter for the benefit of the Duckvater^Shoshone Tribe.
\.

(D)

Any other person xif at least one-half degree pf Shoshone blood
appears on the Carson Agency census 'xif the IXickwater
whose
Shoshone/Thdi ans who applies in writing to the Duekvater Tribal
~ ^\rr>cL
('&«
—
CouncflC^KVT^cidl
1

•

^^3

•

(cL jitll^children of at least one -half degree of Shoshone
blood born to any member of the Tribe.

Lan

Sec

OT any adult
Council shall cancel the
—tte-Ifcital
his tribal relation,
application to
jnember-ehip

2

i^i^’who makes

r_

-sevef

membership
thereafter such personjshaTT cease to hold

in the Tribe.

(

The ^ibaToouncil shall
of the Interior,
by the Secretary
_
subje^- — review
,
ahd^loss of membership
Sec. 3-

m—

4

governing body

Shoshone Tribe of
Die governing body of the IXickwater
as the Duckwater
^e^Duc ater Reservation^ shall be a council known
Tribal Council.

Section 1

^

members duly elected
Hie Tribal Council shall consist of five
year except tha
each
elected
to serve three years, two members being
every third ye air one shall be elected.
Sec. 2.

-f ran within its
Hie Council so organized sh all elect
chairman; and frcm within or without,
number ~~(l) a chairman; (2) a vice
treasurer; and may appoint or employ such
(3) a secretary; and (U) a
deemed necessary.
other officers or committees as may be

Sec

3

hereunder shall be
Hie first election of the Tribal Council
of the Carson Agency
i.aiip iT held and supervised by the Superintendent
sixty days after ratification
and the Constitutional Committee within
and approval of this Constitution.

Sec

k.

highest number of votes shall hold
The two candidates receiving the
highest, two years; and the next
office for three years; the two next
until their successors
hiSest one yearfand they shall hold office
the first election, elections
are duly elected and qualified. After
at least sixty days prior te
for the Tribal Council shall be called
of the Tribal Council.
expiration of terns of office of the members
election, no person shall
In all elections after the first
Sec. 5.
Tribal Council unless he sha
be a candidate for membership in the
Tribe of the Duckwater Reservabe a member of the Duckwater Shoshone
Reservation for a period of one
tion, and shall have resided on the
be at least twenty-five years
year* next preceding the election, and
of age.

Shoshone Tribe shall be
Hie Tribal Council of the Duckwater
Sec. 6.
members
the”sole judge of the qualifications of its

2

ARTICLE 17

— NOMINATIONS AND ELECTIONS

Section 1
Die Tribal Council or an election board appointed by the
Council shall determine rules and regulations governing all elections.
.

Sec.- 2.

All elections shall be by secret ballot.

Any qualified member of the IXickwater Shoshone Tribe may
announce his or her candidacy for the Tribal Council, such announce ment to be in writing and presented to the Secretary of the Tribal
Council at least ten days before the election. It shall be the duty
of the Secretary to post in a public place at least ten days before
the election the names of all candidates for the Tribal Council.
Sec. 3»

Sec, h.
Die Tribal Council or the election board appointed by the
Tribal Council shall certify to the election of the members of the
Tribal Council within five days after the election returns.
Sec. 5
Any member of the Duckwater Shoshone Tribe 21 years of age
or over, who has maintained legal residence on the reservation for
at least one year immediately prior to any election, shall have the
right to vote, provided that at the first election the one-year
residence rule shall not apply.
.

ARTICLE V

— VACANCIES AND RIMOVAL FRCM OFFICE

If a councilman or an official shall die, resign, be'
"Section 1.
removed from or recalled frcm office, permanently leave the reservation, or be found guilty of a felony or misdemeanor involving dishonest
in any Indian, State or 'Federal court, the Tribal Council shall declare)
the position vacant and an election shall be held to fill the unexpirec
term, provided, however, that in case^t^e councilman or official is
called to some branch of the Armed Force s^of the United States of
America, a vacancy shall be declared and an appointment made by the
Council to fill that vacancy only until the person involved is
released from the Armed Forces or. until his term would have expired
under^ofdinary conditions, whichever event occurs first. ""Upon returning^
to>-f£e reservation the person involved shall resume former duties.

Die Tribal Council may by four affirmative votes remove any
Sec. 2.
official or expel any member of the Council for neglect of duty or
gross misconduct. Before any such vote is taken on the matter, the
ember or official shall be given a written statement of the c h arges
against him at least five days before the meeting of the Tribal Council
before which he is to appear; and he shall be given an opportunity to
answer any and aT 1 charges at such designated Council meeting. The
decision of the Tribal Council shall be final.

3

1

1

•

Sec. 3. Upon receipt of a petition signed by one-third of the
-eligible voters calling for the recall of any member of the Council,
it shall be the duty of the Council to call an election on said recall
petition. No member may be recalled in any such election unless at
least 30 percent of the legal voters shall vote at such election.

(Amendment I adopted by tribal electorate at election held April 7 > 19
Approved by Assistant Secretary of the Interior June 6 ,. 19^0

*

— DUTIES AND POWERS OF TBE TRIBAL CCEJNCIL
Enumerated Powers. — lie Duckwater Tribal Council shall

ARTICLE VI

Section 1.
exercise the following powers, subject to any limi tations imposed by
the statutes or the Constitution of the United States, and subject
to all express restrictions upon such powers contained in this Constitution and attached Bylaws:
(a)
To negotiate with the Federal, State, and local governments on
behalf of the Tribe, and to advise and consult with the representatives of the Interior Department on all activities of the Department
that may affect the Duckwater Shoshone Tribe.

To employ legal counsel for the protection and advancement of
the rights of the Duckwater Shoshone Tribe, the choice of counsel
and the fixing of fees to be subject to the approval of the Secretary
of the Interior.
(b)

To approve or veto any sale, disposition, lease or encumbrance
of tribal lands, interests in lands or other tribal assets which may
be authorized or executed by the Secretary of the Interior, the Canmissioner of Indian Affairs, or any other qualified official or agency of
government: Provided, That no reservation lands s hall ever be leased
for a longer period than permitted by law, or sold or encumbered,
except for governmental or public service purposes.
(c)

To confer with the Secretary of the Interior with regard to
appropriation estimates or Federal projects for the benefit of
the Tribe prior to the submission of such estimates to the Rireau
of the Budget and to Congress.
(d)

ai

economic affairs and enterprises of the IXickwater
To manage al
Shoshone Tribe of the Duckwater Reservation in accordance with the
terms of a charter that may be issued to the Tribe by the Secretary
of the Interior.
(e)

To promulgate and enforce ordinances, which shall be subject
by the Secretary of the Interior, governing the conduct
review
to
of members of the Duckwater Shoshone Tribe within the Dickwater
(f )

k

*

.

and^rty

the use of tribal privileges
“^Cof assessStsIS
for ^c^purposes,
of available tribal funds
27S appropriation
^nonmambers^ omlng^^po
providing for the Ucensing of
nu B i^
e
r
so

all persons not

TOtiqn

reservation of
ia fS thn^clusion“rc^ihe
pennies for
the establis^ent of proper
licensed^ 2d J£S£?£
of the Tribe.

lav enforcement Vi thin the

Jurisdiction

<•>*£,

s-.
(h)

To adopt resolutions

"n^ten^vith

and

to exercise such
^the Council by theaniBylavs.
SSS’iSSupon
1

2e conferred

Future Povera

Sec. 3.
such

duties as

^^^^^0^11
££

- The

SSTteS of tL interior, or any

&TSS 2t2ri2d omciL

Federal
or agency of the State or

government
«

a

vested
Anv rights and povers heretofore
in
Beservation
^the -=%ter

tw*>v.«=

S^sSS’SlSSTi. »t3.
r^ressly referred to in ttis

of the S22ter
^fS^el^le
bylavs and constitu-

BesS^t^S^uS^adopUon of appropriate
tional amendments.
Sec. k.

Manner of Beviev. -- toy

GTS™ °

f

%v£^£e1£Se2ry

U

the
^f^sen Ld t22e SuSSent of approve

°cL2:

SS

vithin ten days thereafter,

or disapprove the same.

shall
If the Superintendent

“^ ^22intend2t°2Ilin
I

transSecretary of tie

^rsa^^rar^^^se^tTSe
Jf
date
d^s

SlrKo X,

^

vithin^ninety
Jra.
for any
or
ordinance
rescind ihe said
the Council of such decision.
y after its enactresolution vitnin ze
,,
«-Tvnrnve any ordinance or
If ^ese
^eretor.
reasons
his
of
Council
„St, he shall advise the
it may, by majority vote,
reasons appear to the Council insufficient,

“^T^ ^days
5

1

1
.5

refer the ordinance or resolution to the Secretary of the Interior,
who may, within ninety days from the date of its enactment, approve
the same in writing, whereupon the said ordinance or resolution shal
become effective.

ARTICLE VIII

— TRIBAL LANDS

Section 1. The lands of the Duckvater Shoshone Tribe now held or
hereafter acquired by the Duckwater Shoshone Tribe, or by the United
States in trust for said tribe, shal 1 be held as tribal lands and
shall be used in accordance with a land-use agreement entered into
between the Tribe and the Secretary of the Interior, and no part of
such lands shall be mortgaged or sold. Tribal lands shall not be
allotted to individual Indians, but agricultural lands may be assigned
to members of the Tribe or otherwise used by the Tribe as hereinafter
provided.
Sec. 2.
In any assignments of tribal lands which are now owned by
the Tribe or which may hereafter be acquired for the Tribe by the
United States, or purchased by the Tribe out of tribal funds, preference fiha.1 be given, first, to beads of families who are entirely landless and secondly, to heads of families who have received assignments consisting of less than an economic unit of agricultural land, or other
land or interest in land. The Tribal Council may, if it sees fit, charge
a land-use fee in accordance with the terms of the land-use agreement
entered into by the Tribe and the Secretary of the Interior. At least
fifty percent of the proceeds of such fees will be deposited in a fund
to be expended, with the approval of the Secretary of the Interior, for
the purchase of additional tribal land.

Assignments made under this section shall be for the primary purpose
of establishing homes for landless Indians and shal 1 be made in
accordance with the terms of the land-use agreement entered into by
the Tribe and the Secretary of the Interior.
If any member of the Tribe holding an assignment of land
Sec. 3.
shall, for a period of one year, fail to use the land so assigned,
the assignment shall be cancelled by the Council after due notice
and an opportunity to be heard is granted, and the said land may be
reassigned in accordance with the provisions of Section 2 of this
Article. Revocation of an assignment may be appealed by the assignee
to the Coanissioner of Indian Affairs, who shall upon receiving such an
appeal establish a board composed of three members, one member to be
named by £he applicant, one by the Tribal Council, and a third member to be chosen by the first two, provided that this third member shall
not be a member of the Tribe and shall not be an employee of the Carson
Indian Agency.
The decision rendered by this Board of appeals shall

6

i

t” 0
first mused fall to agree on a
third member, the Ccraniesioner of
Indian Affairs shall make the
appointment.
f ny ln iian holding an assignment,
his heirs or
? J
other indii-idnals
designated by him by vill or by vritten
reguest,
preference in the reassignment of the land,
provided
“
B ° f 0,5 Ducinrater Shoshone
Tribe L> vould
S^ifSblS't”
oe exigible to receive an
assignment.

oSr^i-^

‘

.

4‘

C

Applications for assignments shall be
filed with the Secretary
BhaLL' **
writing, setting forth the name of thT^
r
SO
pplying for the land and as accurate a
descriptira
? fI
^ as the
of Si
the land
desired
circumstances will permit. Notices of all
applioations received by the Secretary
of the
S£
111
cons P icuous Places on the reservation
fornot
less than twenty days before action
is taken by the Council
Anv
member °f the Tribe wishing to oppose
the granting of
±D VTiti e
ettln€ forth his objections, to be filed
sL retar r °^ '^ Council,
and may, if he so desires, appear
before th#»
^ t0
ll
present
evidence.
Die Secretary of the Council
xhaii
-pS * °S?u
r
hall furnish
the Superintendent
or other officer in charge of the
Agency a complete record of all action
taken by the Councfl on a^lications for assignment of land, and a
complete record of assignment^ shall
nCy 0ffiCS
oPen for inspectiTty

f| ; h

^

001111011

S

f

£SXi s£2 X

^

w^b

« «l^2nt

S^thi

.

^

5 S\£be

^

^

^

^
^

r
SuPerinte ndent may protest to the
Ccmmissione^if
oner of Indian Affairs °against the
action

of the Council on an assignsuch action hAg been taken
Unnn
1* 8 *'
Cco,nisBioner sha
authorize
the
creation
of a Board of Appeals, one member
to be named by the oerson m&v-tmr +b«
protest, one to be named by the Tribal
Council, and a third member to
^.provided
0,15 0,11,1
ter shaii
ShaU DOt
“PioyP'i
Ip the Indian
service. In case the two members
first named fail to atrree on a +»,•,• wj
^ber the Ocmmdsnioner of Indian Affairs shall make
Ohe decision rendered by this Board
of Appeals «h»n be finS?

ment application within 30 days after

STS^^AnofT

H

^

S

ARTICLE IX

"™

— REFERENUM

lpt
a Petition signed by at least
ten qualified voters of
S°Ve -Water
Shoshone Tribe, a referendum may
°£.

1

demanded on any
^L?
for proposed ordinance or resolution of be
enacted
the Council,

andthe

7

voting in such referendum
rote of a majority of the qualified voters
Council.
-chan thereafter be conclusive and binding upon the

ARTICLE X

— AMENIMENTS

by a maThis Constitution and Bylaws may be amended
Section 1.
Tri
Shoshone
jority vote of the qualified voters of the IXickwater
t a
for
called
election
of the Duckvater Reservation, voting at an
least
at
That
purpose by the Secretary of the Interior; Provided,
election,
such
at
vote
shall
vote
to
30 percent of those entitled
shall have been
but no amendment shall become effective until it
approved by the Secretary of the Interior.
the Interior to
It shall be the duty of the Secretary of
Sec. 2.
of a Petireceipt
upon
n ail an election on any proposed amendment
of the
members
voters,
tion signed by 25 percent of the qualified
Tribe.

BXLAWS OF THE KJCKWATER SHOSHONE TRIBE

ARTICLE I

— DUTIES OF Of-bluEttS

preside over
Section 1. The Chairman of the Tribal Council shall
of a chairman, an
al i meetings of the Council, perform all duties
exercise any authority delegated to him.

vhen called^
The Vice-Chairman shall assist the chairman,
shall preside.
he
chairman,
upon "so to do, and in the absence of the
and
duties
privileges,
When so presiding, he shall have all the
responsibilities of the chairman.
Sec. 2.

conduct all correThe Secretary of the Tribal Council shall
record of all matters transspondence and keep a complete and accurate
duty to submit promptly to
acted at Council meetings. It shall be his
Agency and the Commissioner of
the Superintendent of the Carson Indian
regular and special meetings
Indian Affairs, copies of all minutes of
of the Tribal Council and the Tribe.
Sec. 3.

He shall acbe as follows:
Sec. U. The duties of the Treasurer shall
safeguard all funds for whic
cept, receive, receipt for, preserve and
He shall deposit all
custodian.
the Council is acting as trustee or
by the Council, and
directed
such funds in such bank or elsewhere as
the Council s office,
in
same
keep an accurate record, filing
he
and accounts, and
and he shall report all receipts and expenditures
once every six
custody
the nature of all funds in his possession or
requested to
is
he
months to the Council in writing, or at any time
satisfactory
bond
give a
do so by the Council. He shall be required to
Affairs. Until the
to the Council and the Commissioner of Indian
for the
Treasurer is bonded, the Council may make such provision

8

"

handling of funds of the Tribe as
pfoper disbursement and use.

1

guarantee their safety and

shn-1

Sec. 5 .
Newly elected Council members who have been duly certified
shall be installed at the first regular meeting of the Council following the election.

Each member of the Council and- each officer or subordinate
official, elected or appointed hereunder, shall take an oath of
office prior to assuming the duties thereof, by which oath he Bhai 1
pledge himself to support and defend the Constitution of the United
States and this Constitution and HylawsSec. 6.
•

do solemnly swear that I will support
"I,
,
and defend 'the Constitution of the United States against all enemies;
that I will carry out faithfully and impartially the duties of my
office to the best of my ability; that I will cooperate, promote, and
protect the best interests of my Tribe, in accordance with its Constitution and Bylaws
Oath:

.

Regular meetings of the Tribal Council shall be held four
times yearly in the months of January, April, July and October, and
at such other times as the Council shall by resolution provide, the
exact day of meeting to be fixed by resolution.
Sec. 7«

Special meetings may be called by written notice signed by
Sec. 8
the Chairman, or by a majority of the Council, and when so called, the
Council shall have power to transact business as in regular meetings.
No business shall be transacted unless a quorum is present. A quorum
shall consist of a majority of the entire membership of the Council.
.

Sec. 9.

Order of business:

Call to order by the Chairman
Roll call
Reading of minutes of the last meeting
Unfinished business
Reports
New business
Adjournment
Sec. 10. Die Tribal Council may prescribe such salaries and expenses
for officers or members of the Council as may be deemed advisable,
frcm such funds as may be available.

9

3

ARTICLE II

— ORDINANCES AND RESOLUTIONS

Section 1. All final decisions of the Council on matters of general
and permanent interest to the members of the Tribe, sh all be embodied
in ordinances. Such ordinances shal 1 be collected and published from
time to time for the information and education of the members of the
Tribe.
Sec. 2.

AH final decisions of the Council on matters of temporary

interest, (such as action on the tribal budget for a single year, or
petitions to Congress or the Secretary of the Interior) or relating
especially to particular individuals or officials (such as adoption
of members, instructions for Council employees, or rules of order for
the Council), shal be embodied in resolutions. Such resolutions
shall be recorded in a special book which shall be open to public

inspection.

All questions of procedure (such as acceptance of c ommi ttee
invitations to outsiders to speak) shall be decided by
or
reports
motion of the Council or by the ruling of the Chairman, if no objection is heard. On a2 1 ordinances, resolutions, or motions, the
Council may act by majority vote, but all matters of importance shall
be fully discussed and a reasonable attempt be made to secure a unanimous agreement.
Sec.

3.

Sec. 4. Every ordinance gbal 1 begin with the words, "Be it enacted
by the Duckvater Tribal Council." Every resolution shall begin with
the words, "Be it resolved by the Duckvater Tribal Council."

ARTICLE HI

— ADOPTION OF CONSTITUTION ANT BYLAWS

This Constitution and Bylaws shall be in full force and effect whenever
a majority of the Shoshone Indians residing on the IXickvater Reservation,
Nevada, in accordance with the Proclamation of November 13> 1940, voting
at an election called by the Secretary of the Interior in which at least
30 percent of the eligible voters shall vote, s hal l have ratified such
Constitution and Bylaws and the Secretary of the Interior shall have
amended by
approved same, as provided in the Act of June l8, 1934,
the Act of June 15, 1935*
X, Oscar L. Chapman, the Assistant Secretary of the Interior of the
United States of America, by virtue of the authority granted me by
the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve
the attached Constitution and Bylaws of the Duckvater Shoshone Tribe of
the Duckvater Reservation.

10

AH rules and regulations heretofore promulgated by the Interior
Department or by the Office of Tnfli «n Affairs, 60 fax as they may
be incompatible with any of the provisions of the said Constitution
and Bylavs will be inapplicable to these TrrH ana from and after the
date of their adoption thereof.

All officers and employees of the Interior Department are. ordered
to abide by the provisions of the «<^ld Constitution and bylaws.
Approval recccmended:
F. H.

November 26, 1940.

DAIKER,

Assistant to the Commissioner of Indian Affairs

OSCAR L. CHAEMAN,
Assistant Secretary

Washington,

D. C., November 28, 1940

CERTIFICATION OF ADOPTION
Pursuant to an order, approved November 28, 1940 by the Assistant
Secretary of the Interior, the attached Constitution and Bylavs was
submitted for ratification to the Indians of the Du.clcvater Reservation
and was on November 30, 1940, duly approved by a vote of 36 for, and
0 against, in an election in which over 30 percent of those entitled
to vote cast their bal l o ts, in accordance with section 16 of the Indian
Reorganisation Act of June 18, 1934 (48 Stat. 984), as amended by the
Act of June 15, 1935.
OLIVER IKE,
Chairman, Election Hoard

BROWNIE SAM,
Secretary, ELection Board

DON C. FOSTER,
Superintendent, Carson Agency

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aeastern_shoshone%3Adb20666a9d101de0. Public record. Not legal advice.