# CONSTITUTION OF THE HUALAPAI INDIAN TRIBE 141 - YES

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Ahualapai%3Afbf85a2d5aa09c5d

## Record

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

## Text

FINAL VOTE

CONSTITUTION OF THE HUALAPAI INDIAN TRIBE 141 - YES
OF THE 33-—NO
HUALAPAI INDIAN RESERVATION, ARIZONA FEBRUARY 14, 1991
FINAL VOTE
24—-YES
23-NO
May 23, 2017
PREAMBLE

We, the members of the Hualapai Indian Tribe of the Hualapai Indian Reservation, a federally
recognized sovereign Indian Tribe, do hereby adopt this constitution in order to:

- govern ourselves under our own laws and customs for the common good and well- being of
the Tribe and its members,

- protect our lands and natural resources for ourselves and our children,

- maintain our culture, language and tribal identity,

- ensure the political integrity of the Tribe,

- protect the individual rights of our members,

- maintain peace and order through the establishment and administration of justice,

- preserve, secure and exercise all the inherent sovereign rights and powers of an Indian Tribe.

This constitution shall supersede the Amended Constitution and Bylaws of the Hualapai Tribe
of the Hualapai Reservation, Arizona, adopted October 22, 1955, and approved by the Secretary of the
Interior on January 16, 1956, and shall govern the Hualapai Tribe from its effective date.

ARTICLE I — JURISDICTION

The jurisdiction of the Hualapai Tribe shall extend to all lands within the boundaries of the Hualapai
Indian Reservation as established by Executive Orders of January 4, 1883 and June 2, 1911, and Public
Law 93-560, December 30, 1974 and to any and all lands held by the Tribe, trust allotments located
outside the reservation boundaries to the extent permitted by Federal law, and to any additional lands
acquired by the Tribe or by the United States for the benefit of the Tribe. It is hereby declared that the
title to these lands includes but is not limited to all the surface rights, subsurface rights, tenements,
hereditaments, all water rights and all accretions and that such lands are held by the United States of
America in trust for the Hualapai Tribe. Except as prohibited by Federal law, the Hualapai Tribe shall
have jurisdiction over all persons, property, lands, water, air space, resources and all activities occurring
within the boundaries of the reservation or on other lands within the jurisdiction of the Tribe,
notwithstanding the issuance of any right- of- way. Nothing in this article shall be construed to limit the
ability of the Tribe to exercise its jurisdiction based upon its inherent sovereignty as an Indian Tribe.
ARTICILE II- MEMBERSHIP

Section 1. Requirements. The membership of the Hualapai Tribe shall consist of:

(a) All persons of the Hualapai blood who qualified for and were accepted into membership in
the Hualapai Tribe under the membership requirements contained in the original constitution
approved by the Secretary of the Interior December 17, 1938, and the amended constitution
approved January 16, 1956;

(b) All persons one- fourth (1/4) degree or more Hualapai Indian blood.
Section 2. Admission Procedures. Applications for enrollment shall be made according to an enrollment

ordinance adopted by the Tribal Council. Applicants denied admission can appeal to the Tribal Court in
accordance with appeal procedures established by the Tribal Council.

Section 3. Enrollment Committee. An enrollment committee of five (5) eligible voters shall be appointed
and supervised by the Tribal Council. The enrollment committee shall have the duty to maintain a current
and accurate official tribal membership roll which shall include the names and addresses of all tribal
members.

Section 4. Loss of Membership and Reinstatement. The following terms and conditions shall apply to
loss of membership in the Hualapai Tribe:

(a) No person who is enrolled as a member of any other Indian tribe shall be eligible for
enrollment in the Hualapai Tribe unless the person in question has first renounced his
membership in the other tribe and unless the person has first provided the Hualapai Tribe
with satisfactory evidence that his name has been stricken from the roll of the other tribe.

(b) Any member of the Hualapai Tribe who becomes a member of any other Indian Tribe shall
automatically forfeit his membership in the Hualapai Tribe. Any person adversely affected
by this section shall have a right to appeal to the Tribal Court in accordance with the appeal
procedures established by the Tribal Council.

(c) Any person who has lost his membership in the Hualapai Tribe may apply for reinstatement
after a period of two (2) years has elapsed from the date of removal from the membership
roll, Provided, That the person in question submits adequate proof to the Tribal Council that
he has given up his membership in the other tribe involved.

Section 5. Honorary Membership. The title of “honorary member” of the Hualapai Tribe may be granted
to any person by the Tribal Council. Honorary membership does not qualify a person for any benefits,
assets, the right to vote, or any other rights or privileges.

Section 6. Enforcement. The Tribal Council shall enforce this Article by ordinance, Provided, That the
Tribal Council shall have no power to establish substantive requirements for membership in addition to
those established in Section 1 of this Article nor to waive or alter any of those requirements in Article
II, or deny an applicant the right to appeal an adverse decision to Tribal Court.

ARTICILE III- ORGANIZATION OF THE GOVERNMENT

2
i
Nes.
3
4
i
¥
}

The Hualapai tribal government shall be divided into two separate and independent branches of
government: the Legislative Department, consisting of the Tribal Council and the Tribal Administration,
and the Judicial Department. The Tribal Administration shall be subordinate to the Tribal Council and
shall operate in accordance with Article VII.

ARTICLE IV- THE TRIBAL COUNCIL

Section 1. Legislative Body. The legislative body of the Hualapai Tribe shall be known as the Hualapai
Tribal Council and shall consist of nine (9) members.

Section 2. Terms of Office. The terms of office for all Tribal Council members including the Chairperson
and Vice Chairperson shall be four (4) years except as provided in Section 3 of this article. All Tribal
Council members, including Chairperson and Vice Chairperson, shall be eligible to serve two (2)
consecutive terms, whether full or partial terms. At the completion of his second consecutive term, a
council member shall not be eligible to run for re-election or be eligible to fill a vacancy until a period
of (1) year has elapsed.

Section 3. The First Election. The first election of council members under this constitution shall be held
on the first Saturday in June 1992. All nine (9) council positions shall be declared vacant for purposes
of the first election. There shall be no primary election for purposes of the first election. The candidate
receiving the highest number of votes shall be offered the position of Chairperson. The candidate
receiving the next highest number of votes shall be offered the position of Vice Chairperson. If either
person offered the position of Chairperson or Vice Chairperson declines, then the candidates(s) receiving
the next highest number of votes shall be offered the position(s). Both the Chairperson and Vice
Chairperson shall serve for four (4) years. The next three (3) candidates receiving the next highest
number of votes shall serve as council members for four (4) years. The other four (4) candidates receiving
the next highest number of votes shall serve for two (2) years. The first election shall be held in
accordance with all other applicable provisions of this constitution and applicable ordinances.

Section 4. Selection of Secretary and Treasurer. The Tribal Council shall choose a Secretary and a
Treasurer from within or without the Tribal Council membership.

Section 5. Meetings of the Council.

(a) A regular meeting of the Tribal Council shall be held on a date designated by the Chairperson
during the first ten (10) days of each month.

(b) Special meetings of the Tribal Council may be called by the Chairperson. The Chairperson shall
call a special meeting upon the written request of three (3) or more members of the Tribal
Council.

Section 6. Quorum, A quorum shall exist if six (6) or more members of the Tribal Council are present.
A quorum is required at all meetings in order to conduct official business of the Tribal Council.

Section 7. Voting. The Tribal Council shall make decisions by a majority vote of those present, unless
otherwise stated in the constitution. The Tribal Council may vote by voice vote unless the Chairperson
or any two (2) members of the Tribal Council request a secret vote. All members of the Tribal Council,
including the Chairperson and Vice Chairperson, shall have the right to vote unless otherwise stated in

3
Bas
aa

this constitution. If the Secretary or Treasurer is appointed from outside the Tribal Council membership,
they shall not vote.

Section 8. Conflict of Interest. Any council member who may have a direct personal or financial interest
in any matter before the Hualapai Tribal Council not similarly shared by all members of the Tribal
Council shall not vote on such matter without the consent of the remaining members of the Tribal
Council. A council member shall reveal a direct personal or financial interest to the other members of
the Tribal Council and failure to do so may constitute a violation of Section 9 of this article.

Section 9. Code of Ethics. The Tribal Council shall have the power to adopt a Code of Ethics governing
the conduct of tribal officials. The Code of Ethics may include disciplinary procedures so long as the
tribal official in question is afforded full due process rights.

Section 10. Removal and Suspension from Office.

(a) The Tribal Council shall remove a council member for:

(1) failing to attend three (3) regular or special meetings consecutively absent good cause
as defined by ordinance;

(2) converting tribal property or monies without authorization through the omission or
misrepresentation of facts;

(3) final conviction by any Tribal, Federal or State Court of any of the following offenses:
(A) felony;
(B) three (3) misdemeanors while serving on the Tribal Council;
(C) contempt of court.

(b) A council member appealing a felony conviction shall be suspended pending the outcome
of the final appeal.

Section 11. Removal — Due Process Required. In all removal proceedings under Sections 9 and 10, the
council member in question shall be afforded full due process rights including a written statement of the
charges, the right to respond to those charges and the right to present witnesses and other evidence in his
defense. The decision of the Tribal Council shall be final and shall be appealable to the Tribal Court only
if a claim is made that the tribal constitution has been violated or due process rights not afforded. A
council member removed from office must wait at least four (4) years from the official date of removal
to run for office again.

Section 12. Recall.

(a) Any member of the Hualapai Tribe of voting age ‘shall have the power to initiate recall
proceedings against a council member by filing with the Election Board a written statement
giving specific reasons why the council member in question should be recalled;

4
(b) In order to force a recall election, the tribal member(s) circulating the petitions shall collect
the signatures from twenty (20) percent of the eligible voters of the Tribe;

(c) A maximum of three (3) members of the Tribal Council may be recalled at a time;
(d) Individual petitions shall be circulated for each council member who is subject to recall;

(e) A council member who is successfully recalled shall not be returned to office and must wait
four (4) years from his final day in office before being eligible to run for office again or to be
appointed to fill a vacancy;

(f) The Tribal Council shall adopt ordinances to carry out the details of this section.
Section 13. Vacancies.

(a) If a Council member should die, resign, or be removed or recalled from office, the Tribal
Council shall declare the position vacant. The Tribal Council shall fill a vacancy by special
election unless less than ninety (90) days remain in the term, in which case the Tribal Council
shall leave the position vacant. The person who fills the vacant position shall only serve out
the term of the person whom he is replacing.

(b) All resignations from the Tribal Council shall be in writing. A voluntary resignation, once
submitted, cannot be withdrawn.

ARTICLE V - THE POWERS OF THE TRIBAL COUNCIL

The Tribal Council shall have all of the legislative powers vested in the Hualapai Tribe through its
inherent sovereignty and Federal law and shall, in accordance with established customs of the Hualapai
Tribe and subject to the express limitations contained in this constitution and the applicable laws of the
United States, have the following powers:

(a) to represent the Tribe and act in all matters that concern the welfare of the Tribe, and to
make decisions not inconsistent with or contrary to this constitution and applicable Federal
law;

(b) to negotiate and make contracts with the Federal, State and local governments;

(c) to advise the Secretary of Interior or his representative on all activities that may affect the
Hualapai Tribe, and on all appropriation estimates and Federal projects for the benefit of
the Tribe before such estimates and projects are submitted to the Office of Management
and Budget and to Congress;

(d) to employ legal counsel, the choice of counsel and fixing of fees to be subject to the
approval of the Secretary of Interior, but only so long as such approval is required by
Federal Law;
(e)

(f)

(g)

(h)
(i)
)

(k)

(I)

(m)
(n)

(0)
(p)
(q)
(r)

(s)

to prevent or veto the sale, disposition, or lease or encumbrance of tribal lands, tribal funds
or other tribal assets without the formal consent of the Tribe;

to protect and preserve the wildlife and natural resources of the Tribe through the adoption
of appropriate regulations and ordinances;

to regulate hunting, fishing, trapping, camping, recreation, rafting, hiking and all other
related activities on all lands within the jurisdiction of the Tribe;

to administer charity;
to purchase or accept any land or property for the Tribe;

to regulate the use and disposition of all land within the jurisdiction of the Tribe, in
conformity with Article XI;

to request the Secretary of Interior to confer trust or reservation status on lands reserved
for, granted to or purchased by the Tribe;

to negotiate and issue leases for business purposes, and to otherwise regulate all business
activities within the jurisdiction of the Tribe, in conformity with this constitution;

to manage all tribal economic affairs and enterprises;

to lease tribal lands, natural resources, or other tribal assets within the jurisdiction of the
Tribe, Provided, That leases involving more than one thousand (1000) acres or fifty
thousand ($50,000.00) dollars shall also need the approval of the eligible voters of the Tribe
voting in a special election; and Provided, That all sales or exchanges of tribal lands, natural
resources or other tribal assets shall be approved by the eligible voters of the Tribe voting
at special a election, and

Provided, That development of natural resources shall be done in accordance with Article
XI, Section 4 of this constitution;

to levy and collect taxes, duties, fees and assessments;

to appropriate and regulate the use of tribal funds;
to regulate the domestic relations of persons within the jurisdiction of the Tribe;

to enact ordinances governing law enforcement on lands within the jurisdiction of the
Tribe;

to enact ordinances providing for the appointment of guardians for minors and mental
incompetents;
(t)

(u)

(v)
(w)

(x)
(y)
(z)
(aa)

(bb)

(cc)

(dd)

to enact ordinances to provide for regulating the inheritance of real and personal property
of members of the Tribe within the jurisdiction of the Tribe;

to enact ordinances providing for the removal or exclusion of any non-member of the Tribe
whose presence may be injurious to the members of the Tribe, and to prescribe conditions
upon which non-members may remain within the territory of the Tribe, Provided, That all
actions of exclusion or removal shall be done by court proceeding;

to regulate its own procedures;

to appoint subordinate committees, commissions, boards, tribal officials and employees not
otherwise provided for in this constitution, and to prescribe their salaries, tenure, duties,
policies and procedures;

to establish and to regulate subordinate organizations for economic and other purposes;
to issue and to regulate motor vehicle license plates;
to accept grants or donations from any person, organization, State or the United States;

to enact laws, ordinances and resolutions necessary or incidental to the exercise of its
legislative powers;

to determine all terms and conditions of employment for all person employed by the tribe
through the adoption of appropriate ordinances;

to appoint a Junior Tribal Council comprised of members of the Tribe age twenty-five (25)
or younger designed to make advisory recommendations to the Tribal Council on matters
affecting youth;

to take any and all actions necessary and proper for the exercise of the foregoing powers
and duties, including those powers and duties not enumerated above, and all other powers
and duties now or hereafter delegated to the Tribal Council, or vested in the Tribal Council
through its inherent sovereignty.

ARTICLE VI - THE JUDICIAL DEPARTMENT

Section 1. The Judicial Department. The judicial power of the Hualapai Tribe shall be vested in the

judiciary which shall consist of a Tribal Court and a Court of Appeals and such other lower courts as
deemed necessary by the Tribal Council.

Section 2. Jurisdiction of the Court. The tribal courts shall exercise jurisdiction over all cases and

controversies within the jurisdiction of the Tribe, in law and equity, whether civil or criminal in nature,
that arise under this document, the laws of and customs of the Tribe, by virtue of the Tribe’s inherent
sovereignty, or which is vested in the tribal courts by Federal law.

Section 3. Powers of the Courts. The Hualapai Judiciary shall have the power to:

7
(a) interpret, construe and apply the laws of, or applicable to, the Hualapai Tribe;

(b) declare the laws of the Hualapai Tribe void if such laws are not in agreement with this
constitution;

(c) issue injunctions, attachments, writs of mandamus, quo warranto, review, certiorari and
prohibition, and writs of habeas corpus to any part of the Hualapai Tribe upon petition by, or on
behalf of, any person held in actual custody;

(d) establish court procedures for the Hualapai judiciary, except that the Tribal Council may by
ordinance alter such procedures consistent with this constitution.

Section 4. Composition of the Court. The Hualapai Tribal Court shall be composed of one Chief Judge
and such Associate Judges as may be determined necessary by the Tribal Council.

Section 5. Appointment of Judges. The Chief Judge and Associate Judges shall be appointed by the
Tribal Council. Should a vacancy occur through death, resignation, or otherwise, for the position of Chief
Judge or Associate Judge(s), the Tribal Council shall appoint a person or persons to fill such vacancy or
vacancies.

Section 6. Term of Office. Each Judge shall hold office for a period of two (2) years, unless sooner
removed under section 11, or by reason of abandonment of the office; however, the Chief Judge or
Associate Judge shall be eligible for reappointment.

Section 7. Court of Appeals. The Hualapai Tribal Court of Appeals shall consist of one or more Judges
selected in sequential order from a list of available Court of Appeals Judges compiled by the Tribal
Council. The list of Court of Appeals Judges shall be renewed every two (2) years and shall include at
least three (3) names. The Court of Appeals shall always consist of an odd number of judges. No Judge
shall sit on a Court of Appeals if he presided over the original proceedings or if disqualified under Article
VI, Section 10.

Section 8. Qualifications of Judges. The qualifications for tribal Judges shall be established by ordinance
enacted by the Tribal Council, but no additional requirements may be added during the tenure of a Judge
already in office, unless the additions or changes exempt the present Judges during their term.

Section 9. Compensation. The Judge(s) shall receive for their services reasonable compensation. The
Tribal Council shall not diminish the compensation of a Tribal Judge during his term in office.

Section 10. Disqualification to Act. No Judge shall be qualified to act in any case wherein he has any
direct interest or wherein any relatives by marriage or blood in the first degree are a party.

Section 11. Removal of Judges.

(a) Any Judge of the Tribal Court may be suspended, dismissed, or removed by the Tribal
Council for any of the following reasons:

1. conviction of a felony in any Tribal, Federal or State Court;
piles
&

2. conviction of any two misdemeanors in any Tribal, Federal or State Court;
3. performing his official duties while under the influence of alcoholic beverages;

4. conviction, in any Tribal, Federal or State Court, of driving under the influence of
alcohol, or the equivalent crime;

5. failure to disqualify himself under Article VI, Section 10;

6. unnecessary and repeated lengthy delays in hearing and adjudicating matters filed in the
Tribal Court;

7. violating Article VIII, Section 13, of this constitution;
8. for good cause by at least seven (7) members of the Tribal Council;

(b) A Judge shall be given full and fair opportunity to reply to any and all charges for which he
may be suspended, dismissed or removed from judicial office;

(c) A Judge suspended, dismissed or removed under Article VI, Section 11(a) (1-7) may appeal
directly to the Tribal Court of Appeals which shall have jurisdiction over such matters.
Removal of a Judge under Article VI, Section 11 (a) (8), shall be determined solely by the
Tribal Council.

Section 12. Right to Appeal. Any party to a civil action, or a defendant in a criminal action, who is
dissatisfied with the judgment or verdict may appeal therefrom to the Tribal Court of Appeals. All
matters of law and procedure may be decided by the Court of Appeals. Findings of fact shall be made
by the Trial Court and shall be reviewable only when arbitrary or capricious.

Section 13. Rights of Defendants. The Hualapai Tribe, in exercising its powers of self-government,
shall not:

(a) subject any person for the same offense to be twice put in jeopardy;

(b) compel any person in any criminal case to be a witness against himself;

(c) deny to any person in a criminal proceeding the right to a speedy trial to be informed of the
nature and cause of the accusation, to be confronted with the witnesses against him, to have
compulsory process for obtaining witnesses in his favor, and to have the assistance of an
advocate for his defense admitted to practice before the Tribal Courts;

(d) require excessive bail, impose excessive fines, or inflict cruel and unusual punishments;

(e) pass any bill of attainder or ex post facto law;

(f) or deny to any person accused of an offense punishable by imprisonment the right, upon
request, to a tribal by jury of not less than six persons.
Section 14. Court Rules. The duties and procedures of the tribal court system, and all other court matters
not enumerated in this article of the constitution, shall be established by the Hualapai Judiciary, except
that the Tribal Council may by ordinance alter such procedures consistent with this constitution.

ARTICLE VII —- THE TRIBAL ADMINISTRATION

Section 1. Executives. The tribal administration shall consist of the Chairperson, Vice Chairperson,
Secretary and Treasurer of the Tribal Council and such other persons as the Tribal Council or their
designee may find necessary for conducting tribal business. The Chairperson shall be in charge of the
tribal administration in accordance with Section 2 of this article.

Section 2. Duties. The tribal administration shall oversee the administration of tribal business and shall
exercise those authorities delegated to it by the Tribal Council.

ARTICLE VII - ELECTIONS

Section 1. General Elections. General elections to vote for council members shall be held in even
numbered years on the first Saturday in June beginning in 1992. The voting place shall be at Peach
Springs, Arizona. General elections before 1992 shall be held in accordance with the Amended
Constitution and Bylaws of the Hualapai Tribe effective October 22, 1955.

Section 2. Special Elections. Special elections shall be held when called for by the Tribal Council, by
this constitution, or by the voters as provided in this constitution or appropriate ordinances. In all special
elections, adequate notice shall be given to the voters and the Tribal Council shall specify the voting
places.

Section 3. Elections Board. At least one hundred-twenty (120) days before each general election, or no
less than ten (10) days before calling a special election, the Tribal Council shall appoint an Election
Board. All members of the Election Board must be members and eligible voters of the Hualapai Tribe.
The duties, procedures, structure and compensation of the Election Board shall be included in the
election ordinance.

Section 4. Nominations. Any tribal member may submit his name to the Election Board as a candidate
for tribal office in accordance with this article and the procedures outlined in the election ordinance.

Section 5. Qualifications for Office.

(a) Any member of the Hualapai Tribe shall be eligible to run for tribal office if he:
(1) is at least twenty-five (25) years of age, and
(2) is a resident of the reservation for at least one (1) year, and

(3) has never been convicted of a felony or been convicted of three (3) misdemeanors
within the last twelve (12) months, whether by Tribal, Federal, or State Court.

(b) For purposes of this section, all reservation trust lands, and all trust allotments held for the
Tribe or its members, shall be considered part of the reservation.

10
(c) Persons attending school full time or in the military shall be considered residents for
purposes of this section.

Section 6. Voting Age. All tribal members who are eighteen (18) years of age or older on the date of any
tribal election shall be entitled to vote in the election.

Section 7. Ballots. All elections shall be by secret written ballot.

Section 8. Absentee Voting. Absentee voting may be permitted by ordinance adopted by the Tribal
Council.

Section 9. Selection of Chairperson and Vice Chairperson. The selection of Chairperson and Vice
Chairperson shall be by popular vote in accordance with the applicable provisions of the election
ordinance and Section 10 of this article.

Section 10. Primary Elections. In any general election where three (3) or more candidates are seeking

the position of Chairperson, or the position of Vice Chairperson, there shall be a primary election held .
at least thirty (30) days before the general election. A person may not run for both positions of
Chairperson and Vice Chairperson in the primary election. A primary election shall not be held for other

council member positions but shall be limited to the positions of Chairperson and Vice Chairperson. The

primary election shall narrow the list of candidates for Chairperson and Vice Chairperson down to two

(2) candidates who shall run off in the general election. A primary which results in a tie between two (2)

or more candidates shall be decided in the general election. Candidates eliminated during the primary

election may still seek the position of council member in the general election. Candidates successful in

the primary election may not run for the position of council member in the general election.

Section 11. Election Results. The candidates receiving the highest number of votes for the available
positions shall be declared the winners for those positions. The Election Board shall certify all election
results within three (3) days of the date of the election.

Section 12. Tie Votes. In the case of a tie vote between two or more candidates, a special runoff election
shall be held after five (5) days but no more than forty-five (45) days after the election results are certified
by the Election Board. All eligible voters shall be permitted to vote in any runoff election.

Section 13. Challenges to the Election Results. Any tribal member may challenge election results by
filing a suit in Tribal Court within ten (10) days after the Election Board certifies the election results.
The Tribal Court shall hear and decide election cases within thirty (30) days after the Election Board
certifies the results, except where the party challenging the Election Board’s decision requests additional
time which may be granted at the discretion of the Tribal Court, Provided. That only one extension of
time may be granted. If the Tribal Court invalidates the election results, the Court shall order that a new
election be held as soon as possible.

Section 14. Oath of Office. The oath of office for newly elected Tribal Council members shall be

administered no later than sixty (60) days after the election results are certified. In the first election in
1992, the oath of office shall be administered immediately after the election results are certified.

11
Section 15. Election Ordinance. In all tribal elections, the Tribal Council shall have the power to
prescribe ordinances governing the casting and canvassing of ballots, and other necessary details of
election procedures.

ARTICLE IX — BILL OF RIGHTS
The Hualapai Tribe, in exercising its powers of self-government shall not:

(a) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom
of speech, or of the press, or the right of the people peaceably to assemble and to petition for
redress of grievances;

(b) violate the right of the people to be secure in their persons, houses, papers, and effects against
unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by
oath or affirmation, and particularly describing the place to be searched and person or thing
to be seized;

(c) take any private property for public use without just compensation; or

(d) deny to any person within its jurisdiction the equal protection of its laws or deprive any person
of liberty or property without due process of law.

ARTICLE X — DUTIES OF THE OFFICERS

The duties of the Chairperson, Vice Chairperson, Secretary, and Treasurer shall be established by
ordinance enacted by the Tribal Council.

ARTICLE XI —- LAND

Section 1. No Allotments. All lands within the jurisdiction of the Tribe shall remain tribal property and
shall not be divided by allotment in any way whatsoever to individuals, groups of individuals, or any
other entity.

Section 2. Assignments. Assignment of land for private use may be made by the Tribal Council in
conformity with ordinances which may be adopted on this subject, Provided, That assignments once
granted shall not be revoked absent good cause. Title to the assigned lands shall not vest in the assignee.

Section 3. Land Use Ordinance. A comprehensive land use ordinance shall be adopted as soon as possible
after the adoption of this constitution. The ordinance shall include sections on timber management and
fuel wood cutting, zoning, wildlife management, cattle management, and other natural resources
management.

Section 4. Limited Power to Develop Natural Resources. The Tribal Council shall not develop on a
commercial or industrial basis any natural resources of the Tribe without the consent of the majority of
the total number of eligible voters of the Tribe. Small scale development of natural resources involving
less than $50,000.00 may be approved by the Tribal Council without the approval of the voters so long
as the intent of this provision is not violated. Any tribal member may enforce this section in Tribal Court
which shall have jurisdiction over these matters.

12
a
ct
Hy
cca
Biss

ARTICLE XII — MEETINGS OF THE TRIBE

The Tribal Council may from time to time call general meetings of all voters of the Tribe to identify and
discuss important tribal matters. A minimum of two general meetings shall be held each year.

ARTICLE XIII - REFERENDUM AND INITIATIVE

Upon petition of at least twenty-five (25) percent of the eligible voters of the Tribe, or upon the request
of the majority of the members of the Tribal Council, any enacted or proposed ordinance, resolution or
other official action of the Tribal Council shall be submitted by the Tribal Council to popular initiative
or referendum and the vote of the majority of the qualified voters in such initiative or referendum shall
decide whether the ordinance , resolution or other official action shall thereafter be in effect, Provided,
That twenty- five (25) percent or more of the eligible voters shall vote in such initiative or referendum.
Official petition forms shall be issued by the Tribal Secretary and shall be circulated and completed
within one-hundred twenty (120) days of the date of issuance. The Secretary shall notify the petitioners
of the number of required signatures for a valid petition. The Tribal Council must act within thirty (30)
days of the receipt of a valid petition and must schedule an election on the proposed petition within
ninety (90) days thereafter.

ARTICLE XIV —- ORDINANCES AND RESOLUTIONS
Section 1. Ordinances. All final decisions on matters of permanent interest shall be embodied in

ordinances. Such enactments shall be available for inspection by members of the Tribe during normal
business hours.

Section 2. Resolutions. All final decisions on matters of temporary interest where a formal expression is
needed shall be embodied in a resolution, noted in the minutes, and shall be available for inspection by
members of the Tribe during normal business hours.

Section 3._Form. All ordinances and resolutions shall be dated and numbered and shall include a
certificate showing the presence of a quorum and the number of members voting for and against the
proposed enactment.

Section 4, Review. The Tribal Council shall submit Tribal laws and enactments to the Secretary of the
Interior for his review, comment and approval only when required to do so by federal law.

ARTICLE XV — AMENDMENTS

This Constitution 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
approved by the Secretary of the Interior or until deemed approved by the Secretary by operation of law.
It shall be the duty of the Secretary of the Interior to call and hold an election on any proposed
amendment at the request of the Tribal Council, or upon presentation of a petition signed by thirty (30)
percent of the qualified voters of the Tribe.

ARTICLE XVI— SOVEREIGN IMMUNITY

Section 1. Tribe and Employees Immune from Suit.
13
beefs :

pt

(a) The Hualapai Tribe hereby declares that, in exercising self-determination and sovereignty to
its fullest extent, the Tribe is immune from suit except to the extent that the Tribal Council
expressly waives sovereign immunity, or as provided by this constitution. No tribal employee
or Tribal Council member acting within the scope of his duties or authority is subject to suit.

Section 2. Waivers of Sovereign Immunity.

(b) Express waivers of sovereign immunity shall require the approval of at least thirty (30)
percent of the total number of eligible voters of the Tribe voting in a special election if the
waiver may:

(1) expose the Tribe to liability in excess of $250,000 dollars, or its equivalent, or

(2) expose more than one- hundred (100) acres of land to possible foreclosure or
encumbrance.

Section 3. Limited Waivers of Sovereign Immunity by Certain Tribal Entities

Notwithstanding Section 2 of this Article, a limited waiver of sovereign immunity

otherwise within the scope of that Section shall require only the approval of the Tribal

Council if the Tribal Council determines that such waiver would facilitate the advancement
of the economic or commercial interests of the Tribe and its members. Only those tribal entities
formed and governed pursuant to ordinances of the Tribal Council may, with Tribal Council approval,
grant limited waivers of sovereign immunity as prescribed in this Section 3.

ARTICLE XVII —- SAVINGS CLAUSE

All enactments of the Tribe adopted before the effective date of this constitution shall continue in effect
to the extent that they are consistent with this constitution.

ARTICLE XVIII — SEVERABILITY

If any provision of this constitution shall in the future be declared invalid by a court of competent
jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall
continue in full force and effect.

ARTICLE XIX — ADOPTION OF CONSTITUTION

This constitution, when adopted by a majority vote of the registered voters of the Hualapai Indian Tribe
of the Hualapai Indian Reservation, Arizona, voting at a special election authorized by the Secretary of
the Interior in which at least thirty (30) percent of those registered in accordance with Secretarial
regulations to vote shall vote, shall be submitted to the Secretary of the Interior for his approval and, if

approved by the Secretary of the Interior or by operation of law, shall be effective from the date of such
approval.

14

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ahualapai%3Afbf85a2d5aa09c5d. Public record. Not legal advice.