 |
||||||||||||||||||||||||
 |
||||||||||||||||||||||||
|
||||||||||||||||||||||||
 |
 |
||||||||||
 |
||||||||||
 |
||||||||||
 |
||||||||||
|
Constitution
and By-Laws of theCheyenne River Sioux Tribe
APPROVED DECEMBER 27, 1935 AMENDED FEBRUARY 11, 1966
AMENDED JUNE 18, 1980
AMENDED JULY 17, 1992
PREAMBLE
We, the Sioux Indians of the Cheyenne River Reservation in the State of South Dakota in order to establish our tribal organization, to conserve our tribal property, to develop our common resources, to establish justice, and to promote the welfare of ourselves and our descendants, do hereby ordain and establish this constitution band by-laws for our tribal council as a guide to its deliberations.
ARTICLE I — TERRITORY The jurisdiction of the Cheyenne River Reservation Sioux Tribe of Indians shall extend to the territory within the original confines of the diminished reservation boundaries, which are described by the act of March 2, 1889 (25 Stat. L. 888), and including trust allotments without the herein mentioned boundaries and such other lands as may be hereafter added thereto under any law of the United States, except as otherwise provided for by law.
ARTICLE
II — MEMBERSHIP SECTION 1 The membership of the Cheyenne River
Sioux Tribe shall consist of the following:
(a) All persons of Indian blood whose names appear on the official census
role of the Tribe as of June 18, 1934.
(b) All persons of Indian blood who were enrolled as members of the
Cheyenne River Sioux Tribe prior to the effective date of this amendment.
(c) All children born to any member of the Cheyenne River Sioux Tribe
who is a resident of the reservation at the time of the birth of said
children.
SECTION
2 The Tribal Council shall have the power:
(a) To admit persons of Cheyenne River Sioux Indian blood to membership
upon a two-thirds vote of the Tribal Council.
(b) To strike from the census roll of the Cheyenne River Sioux Tribe
any person who makes application to sever his tribal relations and thereafter
such person shall cease to be a member of the Cheyenne River Sioux Tribe
of Indians.
ARTICLE III — GOVERNING BODY SECTION 1 The governing body of the Cheyenne River Sioux Tribe shall consist of a council, known as the Cheyenne River Sioux Tribal Council.
SECTION 2 The governing body under this constitution and by-laws shall be composed of one (1) tribal chairman, one (1) tribal secretary, and one (1) tribal treasurer; also fifteen (15) councilmen and such offices as from time to time may be created by the tribal council.
SECTION
3 The tribal chairman, the tribal secretary, and the tribal treasurer
shall be elected at large by popular vote; councilmen shall be elected
from each district of political subdivision of the reservation by the
legal voters residing within the district or precinct from which such
councilman is to be elected. There shall be thirteen (13) districts
or voting precincts as hereinafter describe in Article III, Section
4 of the by-laws. Councilmen shall be apportioned by and from each district
or voting precinct of the reservation as follows:
No. 1 Agency precinct, which shall include the Agency Swiftbird 1, and
Shepard Bottom communities: One (1) delegate.
No. 2 Bridger precinct, which shall include the Bridger community: One
(1) delegate.
No. 3 Cherry Creek precinct, which shall include the Cherry Creek community:
One (1) delegate.
No. 4 Red Scaffold precinct, which shall include the Red Scaffold community:
Two (2) delegates.
No. 5 Eagle Butte precinct, which shall include the Eagle Butte community:
One (1) delegate.
No. 6 Four Bear precinct, which shall include the Four Bear community:
One (1) delegate.
No. 7 Green Grass precinct, which shall include the Bear Creek, Green
Grass, and Sans Arc communities: One (1) delegate.
No. 8 Lantry precinct, which shall include the Upper Bear Creek community:
One (1) delegate.
No. 9 La Plant precinct, which shall include the La Plant and Ridgeview
communities: Two (2) delegates.
No. 10 Promise precinct, which shall include the promise community:
One (1) delegate.
No. 11 Robertson precinct, which shall include the Black Feet and Swift
Bird II communities: One (1) delegate.
No. 12 Thunder Butte precinct, which shall include the Iron Lightning
and East Thunder Butte communities: One (1) delegate.
No. 13 White Horse precinct, which shall include the White Horse and
the Black Tongue communities: One (1) delegate.
Provided: That the Cheyenne River Tribal Council shall have the power
both to redistrict the reservation and its precincts and to reassign
the number of councilmen to be elected from each district in proportion
to the number of qualified voters residing therein, or on a population
basis.
SECTION
4 The officers and councilmen provided for in Section 2 of this article
shall be elected for the following term of office; general tribal elections
shall be held on the same day as general elections for the Congress
of the United States.
(a) The tribal chairman, tribal secretary, and the tribal treasurer
first elected shall each serve until October 1, 1938; thereafter the
term of office for these officials shall be four years.
(b) The councilmen elected at the first general election in no. 1, agency
district or precinct; no. 2, Bridger district or precinct; one councilman
from no. 4, Red Scaffold district or precinct; no. 7, Green Grass district
or precinct; one councilman from no. 9, La Plant district or precinct;
no. 11, Robertson district or precinct; and no. 13, White Horse district
or precinct shall be elected and hold office until October 1, 1938,
when there shall be a general election for councilmen in these districts;
thereafter councilmen shall hold office for a term of four (4) years.
(c) All other councilmen elected at the first general election from
the no. 3, Cherry Creek district or precinct; one councilman from no.
4, Red Scaffold district or precinct; no. 5, Eagle Butte district or
precinct; no. 6, Four Bear district or precinct; no. 8, Lantry district
or precinct; one councilman from no. 9, La Plant district or precinct;
no. 10, Promise district or precinct; and no. 12, Thunder Butte district
or precinct shall hold office until October 1, 1940; thereafter councilmen
shall hold office for a term of four (4) years.
SECTION 5 The first election of the tribal council members shall be held on call of the provisional committee which shall consist of twenty-six (26) members of the Cheyenne River Sioux Tribe of Indians, two (2) from each of the voting precincts on said reservation on October 27, 1934, and five Indian Service employees, which committee the superintendent of said reservation may appoint to supervise the election of officers and councilmen, within thirty (30) days after this constitution and by-laws has been approved by the Secretary of the Interior.
SECTION
6 This committee shall issue its certificate of election to the persons
receiving the highest number of votes in each district in accordance
with the quota assigned hereby to each of said districts provided for
in Article III, Section 3.
The officers and councilmen so elected and certified to shall report
at the Cheyenne River Agency within ten days after the election and
take the oath of office. The reservation superintendent shall administer
the oath of office.
Said officers and councilmen shall convene within thirty (30) days after
the election and organize for business and elect one assistant chairman
from their own membership.
SECTION 7 The tribal council shall have supervision and authority over all subsequent elections as provided through bylaws or resolutions hereafter enacted.
ARTICLE
IV — POWERS OF SELF-GOVERNMENT SECTION 1 The tribal council of
the Cheyenne River Reservation shall exercise the following powers vested
in the present council under existing laws or conferred by the act of
June 18, 1934 (48 Stat. 984) and acts amendatory thereof or supplemental
thereto, subject to any limitations imposed by the statutes or the Constitution
of the United States, and subject further to all express restrictions
upon such powers contained in this constitution and attached by-laws.
(a) To enter into negotiations with the Federal, State, and local Governments
on behalf of the tribe.
(b) To present and prosecute any claims or demands of the Cheyenne River
Sioux Tribe of Indians. It shall have the right to assist members of
the tribe in presenting their claims and grievances before any court
or agency of government. It shall have the right to employ attorneys
of record or representatives for such services, 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 land or other tribal assets which may be
authorized or executed by the Secretary of the Interior, the Commissioner
of Indian Affairs, or any other official or agency of government, provided
that no tribal lands shall ever be sold, except those tribal lands located
outside of the Cheyenne River Reservation boundary, and outside of the
Consolidation Area boundary lines established as of the date of the
approval of Public Law 88-418 (August 11, 1964), and set out in tribal
council action by Resolution No. 92-64 (September 2, 1964). Tribal lands
may not be encumbered or leased for a period exceeding five years, except
as provided for in Article VIII, Section 3.
(d) To confer with the Secretary of the Interior upon all appropriation
estimates or Federal projects for the benefit of the tribe prior to
the submission of such estimates to the Bureau of Budge and Congress.
(e) To receive voluntary relinquishments of allotments and heirship
lands and to make assignments of tribal land to members of the Cheyenne
River Sioux Reservation in conformity with Article VIII of this constitution.
(f) To select subordinate boards, officials, and employees not otherwise
provided for in this constitution and to prescribe their tenure and
duties and to establish district councils; to authorize and establish
any association or organization having for its purpose and sole object
the benefit of the members of the Cheyenne River Sioux Tribe. Such association
or organization shall have the right to engage in collective or cooperative
bargaining or marketing, or purchasing of supplies, crops, equipment,
seed, machinery, building or livestock, the council reserving the right
to establish ordinances covering the activities of such association
or organization, and to enforce the observance of such ordinances.
(g) To administer any funds or property within the control of the tribe;
to make expenditures from available funds for public purposes, including
salaries or other remuneration of tribal officials or employees. Such
salaries or remuneration shall be paid only for services actually authorized
in a regular and legal manner and actually rendered. All expenditures
from the tribal council fund shall be by resolution duly passed by the
council to that effect and the amount so paid shall be a matter of public
records at all times.
(h) The council shall have the power when just cause or extreme emergency
exists, which shall create a hazard to the peace and safety of the tribe
as a whole or to the individual members thereof, to require the individual
members o the tribe or other residents upon the reservation to assist
with community labor.
(i) To create and maintain a tribal treasury; to accept donations from
any person, state or the United States; to raise revenue through taxation,
subject to the review of the Secretary of the Interior; and to regulate
commerce. Any money collected hereunder shall be expended as provided
for in Article IV, Section 1(g) of this constitution.
(j) To provide by ordinance, subject to review by the Secretary of the
Interior, for removal or exclusion from the territory of the Cheyenne
River Sioux Tribe of any non-members whose presence may be injurious
to the members of the tribe morally or criminally.
(k) To promulgate ordinances for the purpose of safe-guarding the peace
and safety of residents of te Cheyenne River Indian Reservation, and
the Tribal Council shall establish courts for the adjudication of claims
or disputes arising among or affecting the Cheyenne River Sioux Tribe
or any Indian present on the Cheyenne River Indian Reservation, and
for the trial and punishment of Indians charged with the commission
of offenses prescribed by ordinances of the Tribal Council. Decisions
of tribal courts may be appealed to the tribal appellate courts, but
shall not be subject to review by the Tribal Council.
(l) To purchase under condemnation proceedings, land or other property
needed for public purposes, subject to the approval of the Secretary
of the Interior.
(m) To protect the public health and morals and to promote the public
welfare by regulating the use and disposition of property of members
of the tribe.
(n) To regulate the inheritance of property, real and personal, other
than allotted lands, within the territory of the Cheyenne River Sioux
Reservation, subject to review by the Secretary of the Interior.
(o) To provide by ordinance for the appointment of guardians for minors
and mental incompetents, subject to the approval of the Secretary of
the Interior.
(p) To adopt resolutions regulating the procedure of the council itself
and of other tribal agencies and tribal officials of the reservation.
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 thesuperintendent 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 rescission.
SECTION
3 Future powers — The council shall have the power to act on such
other necessary or emergency cases as may be delegated to the tribe
by the Secretary of the Interior, or by any other official or agency
of the Government.
SECTION 4 Reserved powers — the foregoing enumeration of powers
shall not be construed to limit the powers of the tribal council, but
all powers of local government not expressly entrusted to the council
by this constitution and by-laws shall be reserved to the legal voters
of the Cheyenne River Tribe. Such powers may be exercised through appropriate
by-laws and constitutional amendments.
ARTICLE V — ELECTIONS AND NOMINATIONS SECTION 1 All enrolled members
of the Cheyenne River Sioux Tribe, 18 years of age or over, who have
maintained legal residence on the reservation for a period of ninety
(90) days immediately prior to any election shall have the right to
vote.
SECTION 2 No person shall be a candidate for membership in the tribal or district council or other Tribal office unless he shall be a member of the Cheyenne River Sioux Tribe, and shall have resided for a period of one year next preceding the election in the district of his candidacy, and he shall be over twenty-five (25) years of age.
SECTION 3 Any member of the tribe may become a candidate for any office upon the signed petition of at least ten (10) legal voters from the district where he is declared to be a legal resident.
SECTION 4 When any election is to be held on any or at all the districts, the chairman of the tribal council shall appoint a superintendent of an election in each of said districts, and the superintendent so appointed shall have power to appoint two (2) judges and two (2) ballot clerks, which will constitute the election board. The duties of the election board shall be to supervise the election.
ARTICLE
VI — REMOVAL FROM OFFICE SECTION 1 If any officer or member of
the tribal council shall absent himself from any three (3) consecutive
regular or special meetings without sufficient reason, the other members
may declare the office vacant by two-thirds (?) vote of the council.
SECTION 2 Any officer or member of the tribal council convicted by Federal,
State, or Indian court may be removed from office by two-thirds (?)
vote of the council.
SECTION 3 If any vacancies occur in the membership of the tribal council
through resignation, recall, impeachment, or death, the district council
wherein he resides and is elected from shall proceed to elect a new
councilman to finish the unexpired term of such member.
SECTION
4 Recall — Every person elected to a tribal office by the Sioux
Indians of the Cheyenne River Indian Reservation is subject to recall
from such office upon petition of 40% of the electors of the reservation,
or the district or voting precinct, qualified to vote for such office,
but no recall election shall be held without the approval of the council.
SECTION 5 The ballot used at such election shall contain the question:
"Shall _______ _______ be recalled from office on the Cheyenne
River Tribal Council?" and shall contain a space opposite such
question, in which shall appear the words "Yes — No",
and the voter shall indicate by making a mark as to whether he wishes
to vote for or against the recall of the member so named.
SECTION 6 No member of the council shall take part in the deliberations
of the council, nor shall he have a vote in balloting upon any matter
pertaining to any recall election or the results thereof when such member
shall be the one whom it is proposed to recall.
ARTICLE VII — REFERENDUM SECTION 1 Upon a petition of at least three hundred (300) qualified voters of the Cheyenne River Sioux Reservation a referendum may be demanded on any enacted or proposed ordinance or resolution of the Cheyenne River Sioux Tribal Council, and the vote of the majority of the qualified voters in such referendum shall be conclusive and binding on the tribal council.
ARTICLE
VIII — LAND SECTION 1 Allotted lands — Allotted lands, including
heirship lands, within the Cheyenne River Reservation shall continue
to be held as heretofore by their present owners. Such lands may be
condemned for public purpose by the Tribe. It is recognized that under
existing law such lands may be inherited by heirs of the present owner,
whether or not they are members of the Cheyenne River Sioux Tribe, and
it is recognized that under existing law, the owners of allotted lands
may sell or transfer their lands to the Tribe or other Indians while
the land remains in trust status, but may only sell the land to non-Indians
if the Secretary of the Interior, in his discretion, removes the restrictions
upon alienation of the land.
SECTION 2 Tribal lands — The unallotted lands of the Cheyenne
River Reservation and lands which may hereafter be acquired by the Cheyenne
River Sioux Tribe or by the United States in trust for the Cheyenne
River Sioux Tribe shall be held as tribal lands, and no part of such
lands shall be sold, except those tribal lands located outside of the
Cheyenne River Reservation boundaries, and outside of the Consolidation
Area boundary lines established as of the date of the approval of Public
Law 88-418 (August 11, 1964), and set out in tribal council action by
Resolution No. 92-64 (September 2, 1964). Tribal lands shall not be
mortgaged, nor allotted to individual Indians, but may be assigned to
members of the Cheyenne River Sioux Tribe or leased or otherwise used
by the tribe, as hereinafter provided.
SECTION 3 Leasing of tribal lands — Tribal lands may be leased
by the tribal council, with the approval of the Secretary of the Interior
for public, religious, educational, recreational, residential, or business
purposes for a period not to exceed twenty-five (25) years and may include
a provision authorizing a renewal or an extension for one additional
term of not to exceed twenty-five (25) years, but no one lease or contract
shall be for a tract in excess of 160 acres.Grazing permits covering
tribal land may be issued by the tribal council, with the approval of
the Secretary of the Interior. Such grazing permits shall not exceed
a term of five (5) years.
In the leasing of tribal lands and the issuance of grazing permits preference
shall be given first to Indian cooperative associations, and, secondly,
to individual Indians, who are members of the Cheyenne River Sioux Tribe.
No lease of tribal land to a non-member or the issuance of a grazing
permit to a non-member 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.
SECTION
4 Grant of "standard" assignments — In any assignment
of tribal lands which are now 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 secondly, to heads of families
which have no allotted lands or interests in allotted lands but shall
have already received assignments consisting of less than an economic
unit of agricultural land, or other land or interests in land of equal
value, such unit to be determined from time to time by the tribal council.The
tribal council may, if it sees fit, charge a fee of not to exceed $25
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.
SECTION 5 Tenure of "standard" assignments — If any member of the tribe holding a "standard" assignment of land shall, for a period of two (2) years, fail to use the land so assigned, his assignment may be canceled by the tribal council after due notice and an opportunity to be heard, and the said land, may be reassigned in accordance with the provision 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 member of the Cheyenne River Sioux Tribe who would be eligible to receive a "standard" assignment.
SECTION 6 Grant of "exchange" assignment — Any member of the tribe who owns an allotment or any share of heirship land may voluntarily transfer his interest in such land to the tribe in exchange for any 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 members of the tribe, or, if no individual
Indian or Indian cooperative association is able and willing to rent
the land at a reasonable fee, such assignments may be leased to non-Indians,
in the same manner as allotted lands.
SECTION 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 heirs or devisees who are not members of the Cheyenne River Sioux
Tribe, except that a life assignment may be made to the surviving widower
or widow of the holder of the assignment.
(b) Such lands may not be reassigned to any heirs or devisees who already
hold more than a certain number of acres of grazing land, or other land
or interest in land of equal value, either under allotment or under
assignment, such amounts to be determined from time to time by the council.
(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 sixty (60) acres, and no area of
agricultural land shall be subdivided into units smaller than two and
one-half acres, except that land used for buildings or other improvements
may be divided to suit the conveniences 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 interest in tribal lands of the same value as the assignments
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 — Improvements of any character
made upon assigned land may be bequeathed to and inherited by members
of Cheyenne River Sioux 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.
SECTION 10 Exchange of assignments — Assignments may be exchanged
between members of the Cheyenne River Sioux Tribe by common consent
in such manner as the tribal council shall designate.
SECTION 11 Use of unassigned tribal land — Tribal land which is
not assigned, including tribal timber reserves, shall be managed by
the tribal council 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.
SECTION 12 Purchase of land by the tribe — Tribal funds may be
used with the consent of the Secretary of the Interior, to acquire land,
under the following conditions:(a) Land within the Cheyenne River Reservation
or adjacent to the boundaries thereof which is not now in Indian ownership
may be purchased by or for the Cheyenne River Tribe.
(b) Restricted land, which is in heirship status at the time of the
adoption and approval of this constitution, may be purchased by or for
the tribe, with the consent of all the adult heirs, and the legal guardians
of minor heirs, payment therefor to be made as may be agreed upon.
(c) Land owned by any member of the tribe who is over the age of sixty
(60) years, or who is physically incapacitated, my be transferred by
its owner to the tribe in exchange for a pension of not more than twice
the usual rental value of the land or the life of the pensioner, to
be paid out of available tribal funds.
(d) Land in excess of 320 acres owned by any member of the tribe may
be purchased by the tribe, with the consent of the owner, payments to
be made under such terms as may be agreed upon.
(e) Land owned by any member of the tribe who desires to leave the reservation
permanently may be purchased by the tribe, under such terms as may be
agreed upon.
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 conspicuous places in the district in which the land is located for not less than twenty (20) days before action is taken by the council. Any member of the tribe wishing to oppose the granting of an assignment shall do so in writing, setting forth his objections, to be filed with the secretary of the council, and may if he so desires appear before the council to present evidence. The secretary of the council shall furnish the superintendent or other officers in charge of the agency, a complete record of all action taken b the council 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 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 IX — AMENDMENTS SECTION 1 This constitution and the appended by-laws may be amended by a majority 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 30 per cent 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.
SECTION 2 It shall be the duty of the Secretary of the Interior, upon presentation of a petition signed by a least two hundred (200) legal voters of the tribe, and upon request by the council, to call an election on any proposed amendment.
********************************************************************************
BY-LAWS OF THE CHEYENNE RIVER SIOUX TRIBE OF SOUTH DAKOTA
ARTICLE I — DUTIES OF OFFICERS SECTION 1 It shall be the duty of the chairman to preside at all meetings of the council. He shall have a vote only when a tie occurs.
SECTION 2 In the absence of the regular chairman the assistant chairman shall preside and he shall have all powers, privileges, and duties of the regular chairman, and may cast a vote in the case of a tie.
SECTION
3 It shall be the duty of the tribal secretary to keep a true and accurate
record of all matters affecting the tribal records and accounts, and
to render a proper accounting of such records and statistics as are
required by the tribal council. He shall be present at all meetings
of the council and shall keep an accurate record of all council proceedings,
including the minutes of each special and regular meetings.
(a) Minutes of all special or regular meetings shall be in triplicate,
the original copy to be filed at the Cheyenne Agency Tribal Office,
one copy to be presented to the superintendent, and one copy to be transmitted
to the Commissioner of Indian Affairs.
(b) The secretary shall have voice in the deliberations of the council
but shall not vote.
SECTION
4 The duties of the treasurer of the tribal council shall be as follows:
He shall accept, receive, receipt for, preserve, and safeguard all funds
in the custody of the council, whether same be tribal funds or special
funds for which the council is acting as trustee or custodian. He shall
deposit all such funds in such bank or elsewhere, as directed by the
council, and he shall keep an accurate record, filing same in the tribal
council’s office, and he shall report all receipts and expenditures
and accounts and the nature of all funds in his possession or custody,
once every six months to the tribal council in writing, or at any time
he is requested to do so by the tribal council.(a) He shall not disburse
any funds in his custody belonging to the council except when authorized
by a motion duly passed and properly recorded by the council.
(b) He shall be present at all special or regular meetings of the council,
but will have no voice or vote in the deliberations of the council,
only when making reports or to furnish the necessary information required
by the council.
(c) The treasurer shall be required to furnish a bond satisfactory to
the council.
(d) The books and records of the treasurer shall be audited at least
once each year by a competent auditor employed by the tribal council
or under the direction of the Commissioner of Indian Affairs.
SECTION
5 There shall be a sergeant-at-arms and he will be appointed by the
tribal council.
(a) It shall be his duty to be present at all meetings of the tribal
council, and to maintain order and decorum within the council chamber;
he shall serve all summonses emanating from the council, and shall perform
such other duties as may be designated by the council. He shall have
no voice or vote in the deliberations of the council, except when making
reports or furnishing information requested by the council.
ARTICLE
II — QUALIFICATIONS OF OFFICE Any person elected as an officer
or councilman must be a Sioux Indian, enrolled on the Cheyenne River
Reservation, and over twenty-five (25) years of age at the time of his
or her election.
(a) No employee of the Indian Service shall be elected as an officer
or councilman.
(b) No person convicted of a felony shall be elected as an officer or
councilman.
(c) The tribal council shall be the sole judge of the qualifications
of its own members.
(d) All councilmen must be elected from their respective districts,
and be a resident of the district of which they are elected.
ARTICLE
III — DISTRICT OR PRECINCT ORGANIZATION, ELECTIONS,AND CERTIFICATION
SECTION 1 Each voting precinct established under this constitution as
provided in Article III, Section 4, shall elect at the first general
election and biannually thereafter a president, secretary, and treasurer.
These district officials shall hold office for a term of two years.
The president shall call and preside over all councils of the community
whenever necessary for the consideration of matters of local interest
and may exercise such further powers as may be delegated to him by the
tribal council. He shall file with the tribal council and certify all
nominations for office within the precinct and at large, according to
Section 3, Article V of this constitution. The actions of the precinct
officers shall not be inconsistent with the constitution and by-laws
and ordinances of the tribe. A tribal councilman, in addition to the
office of tribal councilman, may hold any of these district office if
elected to such office by the voters of his district.
SECTION 2 It shall be the duty of the district council to see that all nominations for tribal office, including membership in the council, shall be made in strict accord with the provisions of the constitution, and to certify as to the legality of such nominations, otherwise it shall be considered illegal and ineffective by the tribal council.
SECTION 3 All tribal elections for officers shall be canvassed and certified by the council, or a board appointed by them, the results of such elections. No candidate shall be considered legally elected, nor shall he hold office until such canvass and certification shall have been made by the council within five (5) days after such elections.
SECTION 4 All necessary details concerning tribal nominations and elections not specifically covered in these by-laws or in the constitution, shall be more fully set forth in ordinances to be hereafter established by the council.
SECTION
5 Each district or voting precinct established under Section 3 of Article
III of the constitution are hereby outlined by legal subdivisions, as
follows:
No. 1 Agency district — Beginning at a point on the west bank
of the Missouri River, following the township line west to the SE. Corner
of section 36, township 14 north, range 29 east; thence south to the
southeast corner of section 36, township 13 north, range 29 east; thence
west to the southwest corner of said section 36; thence south along
the range line to where it intersects the west bank of the Missouri
River; thence north and east along the west bank of the Missouri River
to the point of beginning.No. 2 Bridger district — Beginning at
a point on the north bank of the Cheyenne River where the range line
dividing ranges 19 east and range 20 east intersects said Cheyenne River,
thence north to the township line dividing townships 8 and 9 north;
thence west along said township line to the west boundary line of the
Cheyenne River Reservation; thence south along said line to the Cheyenne
River; thence east along the north bank of said Cheyenne River to the
point of beginning.No. 3 Cherry Creek district — Beginning at
a point on the north bank of the Cheyenne River where the range line
between ranges 22 east and 23 east intersect said river; thence north
following said range line to the township line dividing townships 10
and 11 north; thence west to the southeast corner of section 36, township
11 north, range 20 east; thence south to the southeast corner of section
36, township 9 north, range 20 east; thence west to a point to the range
line dividing ranges 19 and 20 east; thence south along said range line
to the north bank of the Cheyenne River; thence along the bank of the
Cheyenne River to the point of beginning.No. 4 Red Scaffold district
— Beginning at the southeast corner of section 36, township 9
north, range 20 eat, thence north along the range line to the southeast
corner of section 36, township 12 north, range 20 east; thence west
along the township line to the west boundary line of the said Cheyenne
River Reservation; thence south along said reservation boundary line
to where the township line dividing townships 8 north and 9 north intersect
said boundary line of the reservation; thence east along said township
line to the point of beginning.No. 5 Eagle Butte district — Beginning
at a point of the north bank of the Cheyenne River where the range line
dividing range 26 east and range 27 east intersect said river; thence
north to the right-of-way to the Chicago, Milwaukee and Pacific Railroad,
thence along said right-of-way across section 36, township 13 north,
range 26 east; thence north following the township line to the southeast
corner of section 36, township 14 north, range 26 east; thence west
to the southeast corner of section 36, township 14 north, range 22 east;
thence south to the southeast corner of section 18, township 12 north,
range 23 east; thence west to the southeast corner of section 13, township
12 north, range 21 east; thence south to the southeast corner of section
36, township 11 north, range 21 east; thence east to the southeast corner
of section 36, township 11 north, range 22 east; thence south along
the range line to the north bank of the Cheyenne River; thence following
the said Cheyenne River in a northeasterly direction to the point of
beginning.No. 6 Four Bear district — Beginning on the west bank
of the Missouri River at a point where the township line dividing townships
15 and 16 north intersect said river; thence west to the southeastcorner
of section 36, township 16 north, range 29 east; thence south along
the range line to the southeast corner of section 36, township 14 north,
range 29 east; thence east along the township line to where it intersects
the west bank of said Missouri River; thence north along the west bank
of the Missouri River to the point of beginning.
No. 7 Green Grass district — Beginning at the southeast corner
of section 36, township 14 north, range 26 east; thence north to the
southeast corner of section 36, township 15 north, range 26 east; thence
west to the southeast corner of section 36, township 15 north, range
24 east; thence north to the southeast corner of section 36, township
15 north, range 24 east; thence west to the southeast corner of section
36, township 16 north, range 23 east; thence north following the range
line to the north boundary line of the Cheyenne River Reservation; thence
west to the northeast corner of section 2, township 17 north, range
22 east; thence south to the south boundary line of township 17 north;
thence east to where the range line dividing ranges 22 and 23 intersect
said township line; thence south along said range line to the southeast
corner of section 36, township 14 north, range 22 east; thence east
along the township line to the point of beginning.No. 8 Lantry district
— Beginning at the southeast corner of section 18, township 12
north, range 22 east; thence due north to the southeast corner of section
1, township 15 north, range 22 east; thence west to the southeast corner
of section 1, township 15 north, range 21 east; thence south along the
range line to the southeast corner of section 13, township 12 north,
range 21 east; thence west to the point of beginning.No. 9 La Plant
district — Beginning at a point of the west bank of the Missouri
River where the range line dividing ranges 29 and 30 east intersects
said river; thence north following said range line to the southeast
corner of section 13, township 15 north, range 29 east; thence west
to the southeast corner of section 18, township 15 north, range 28 east;
thence south to the southeast corner of section 31, township 15 north,
range 26 east; thence south following the range line to the north bank
of the Cheyenne River; thence meandering along the banks of said Cheyenne
River and the Missouri River to the point of beginning.No. 10 Promise
district — Beginning at the southeast corner of section 13, township
15 north, range 29 east; thence north to the north boundary line of
the said Cheyenne River Reservation; thence west along said boundary
line to the northeast corner of section 1, township 17 north, range
27 east; thence south to the southeast corner of section 18, township
15 north, range 28 east; thence east to the point of beginning.No. 11
Robertson district — Beginning at a point where the north boundary
line of the Cheyenne River Reservation intersects the Missouri River;
thence west to the northeast corner of section 1, township 17 north,
range 29 east; thence south following the range line to the southeast
corner of section 36, township 16 north, range 29 east; thence east
following said township line to the west bank of the Missouri river;
thence north along the west bank of the Missouri river to the point
of beginning.No. 12 Thunder Butte district — Beginning at the
southeast corner of section 36, township 11 north, range 21 east; thence
north following the range line to the southeast corner of section 1,
township 15 orth, range 21 east; thence east to the southeast corner
of section 1, township 15 north, range 22 east; thence north following
the section line to the north boundary line of the Cheyenne River Reservation;
thence west following the said boundary line to the northwest corner
of the said Cheyenne River Reservation; thence south following the west
boundary line of said Cheyenne River Reservation to the south boundary
line of township 12 north; thence east to the southeast corner of section
36, township 12 north, range 20 east; thence south to the southeast
corner of section 36, township 11 north, range 20 east; thence east
following the township line to the point of beginning.No. 13 White Horse
district — Beginning at the southeast corner of section 31, township
15 north, range 28 east; thence due north to the north boundary line
of the Cheyenne River Reservation; thence west to the northeast corner
of section 1, township 17 north, range 23 east; thence south along the
range line to the southeast corner of section 36, township 16 north,
range 23 east; thence east to the southeast corner of section 36 township
16 north, range 24 east; thence south to the southeastcorner of section
36, township 15 north, range 24 east; thence east to the point of beginning.
ARTICLE IV — MEETINGS AND PROCEDURE SECTION 1 Immediately after the election of members of the tribal council and said elected members are duly certified as provided for in Article III, Section 6, the members shall assemble at the Cheyenne Agency and organize for business, and appoint one sergeant-at-arms.
SECTION 2 The council shall meet regularly on the first Tuesday of each month. The meetings shall be held at the agency office or other building provided for such purpose.
SECTION 3 Special meetings of the council shall be held at such time as are designated by the chairman, and he shall notify the members at least twenty-four (24) hours before the date of such meeting.
SECTION
4 At any special or regular meeting of the tribal council with two-thirds
(?) of the members present it shall constitute a quorum, and the council
may proceed to transact any business that may come before it. Without
a quorum the chairman shall adjourn the meeting.
SECTION 5 Special meetings of the council shall also be held upon written
request of either seven (7) members of the council or by petition signed
by one hundred (100) legal voters of the tribe. Such written request
shall be filed with the chairman or the secretary of the council, and
he shall notify the council members twenty-four (24) hours before the
date of such council meeting.
SECTION 6 All sessions of the tribal council (except executive) shall be open to all members of the tribe. Balloting at all sessions shall be either by acclamation or by secret written ballot, as the presiding officer shall direct.
SECTION 7 The council may, upon motion duly passed, go into executive sessions. At such sessions all persons shall be excluded from the council chamber, and any such person whose presence shall be required before the council shall be designated by the chairman, and no other persons shall be allowed to be present other than the members of the council and the secretary.
SECTION
8 The order of business at any regular or special meeting of the tribal
council shall be as follows:
(a) Council called to order for session.
(b) Roll call.
(c) Prayer by an authorized person.
(d) Opening address by the presiding officer or by others.
(e) Reading and acceptance of minutes of previous meeting.
(f) Reports of standing committee.
(g) Reports of council treasurer.
(h) Reports of the special committees.
(i) Reports of the board of directors or advisors.
(j) Reading of communications and reports.
(k) Impeachment trials.
(l) Installation of new officers.
(m) Unfinished business.
(n) New business.
(o) Appointment of committees and directors.
(p) Adjournment.
SECTION 9 It shall be the duty of the council to exercise care and caution to the end that a complete record is preserved of all acts of the council and of all committees appointed therefrom. Accurate copies of all such records shall be preserved in the files of the council and accurate copies of all necessary records shall be transmitted to such bureaus, departments, or elsewhere as may be required.
SECTION 10 All records of the council and its committees or delegates shall at all times be a matter of public record, and any member of the Cheyenne River Sioux Tribe or his authorized representative, or any properly authorized officer of employee of any Government department shall have full access to the same during business hours. However, it is provided that matters before the council while in executive session shall be, at the option of the council, withheld from the public or from individuals or their representatives, until after same shall have been acted upon or otherwise quietly disposed of.
SECTION 11 Copies of all leases, contracts, deeds, or assignments and all other papers or documents pertaining to lands of any nature on the reservation shall be carefully preserved by the council, and insofar as it is possible all other documents affecting the rights and equities of the tribe as a whole, or the individual members thereof, shall be kept and preserved in order that such information shall at all times be available to the council and to the individual members of the tribe; and duplications of all such documents shall be deposited in the files of one agency.
ARTICLE
V — TRIBAL COURT (JUDICIAL CODE) SECTION 1 (a) It shall be the
duty of the council to provide, through the necessary by-laws or ordinances,
for the establishment of a tribal court upon the reservation.
(b) This court shall have jurisdiction over all such petty offenses
not falling within the exclusive jurisdiction of Federal or State courts,
as may be provided in the ordinances of the tribe.
(c) The tribal courts shall have jurisdiction over claims and disputes
arising on the reservation.
(d) The duties and jurisdiction of this court shall be more fully prescribed
by appropriate by-laws or ordinances.
SECTION 2 It shall be the duty of the council to establish by ordinance a tribal police force which shall have full jurisdiction upon the reservation, the authority and duties of this police force under which it will function may be outlined by the council, such police to be employees of the council and shall be an agency of the tribal court.
ARTICLE
VI — RELATION BETWEEN FEDERAL AND TRIBALGOVERNMENT
SECTION 1 The Indians of the Cheyenne River Reservation recognize their
inability to control or assume all responsibilities of administration,
such as: The supervision of health and educational service; employees
of the Federal Government through whom we must make contact with the
administrative office in Washington to manage wholly our internal affairs;
and matters over which the tribal council has no authority.
ARTICLE
VII — LAW OF PROPERTY SECTION 1 It shall be the duty of the council
to pass rules and regulations to prevent unauthorized
prospecting or mining of any kind upon the reservation and to see that
such rules and regulations are properly enforced.
SECTION
2 The council shall pass ordinances for the control of hunting and fishing
upon the reservation, not conflicting with any of the Federal game laws.
The council shall enforce such ordinances and cooperate with Federal
authorities for protection of game on the reservation. Further,
the council may issue licenses for hunting and fishing and shall establish
and act for the same.
ARTICLE
VIII — PUBLIC WELFARE SECTION 1 Charity — (a) The council
at all times determines in careful manner what constitutes just cause
for charity or financial aid or assistance to the indigent members of
the tribe, and shall make proper provisions for recommendation to proper
agencies for relief.(b) The council shall designate persons who shall
administer charity work on the reservation, and the solicitation and
expenditure of charity funds conducted in a systematic manner and that
the right to do so may not be abused. It shall seek and cooperate with
such charity organizations and thereby render assistance or aid to the
poor and needy.
(c) The council shall at all times endeavor to discuss and eliminate
the cause for indigency, exercising wise and judicious supervision and
management of the affairs of the finances of individual members of the
tribe, to the end that need, privation, and financial distress may be
entirely eliminated among the members of the tribe.
SECTION 2 Education — (a) The council shall pass necessary ordinances to promote and increase learning and education among the members of the tribe, studying present school systems, and recommending plans for improving them to the proper bureaus or departments.(b) The council shall enter into negotiations with non-reservation schools and procure for the members of the tribe the highest type of educational facilities to the end that younger members of the tribe shall have every possible advantage, attaining that degree of education that will fit them to meet and take part in the modern civilization and advancement.
SECTION
3 Social welfare — (a) The council shall encourage and promote
among the residents of the reservation by every practical means a proper
system of social and home education in home economics, hygiene, home
demonstrations, agronomy and farm demonstrations with the cooperation
of State, county, and Federal departments, and agencies which seek to
promote such social welfare and agricultural development work.
ARTICLE IX — LOANSThe tribal council shall act upon all applications
for loans under a revolving fund or reimbursable regulations for the
purchase of property, stock, or equipment, or loans to Indians, for
the payment of tuition for higher education or trade schools, out of
the allotment to the Cheyenne River Reservation as provided in the act
of June 18, 1934 (48 Stat. 984), for such purposes.
ARTICLE X — APPLICATION FOR FUNDS The tribal council shall act in an advisory capacity upon all applications to the superintendent for the withdrawal from the United States Treasury of trust funds, Sioux benefits, or the Cheyenne River Reservation 3% funds, or any other tribal funds, may adopt rules and regulations not in conflict with law, subject to the approval of the superintendent governing withdrawal of individual Indian money.
ARTICLE XI — TRIBAL CLAIMS The council shall make a thorough survey, research, investigation, and study of the history and title of all lands which are now tribal in character or that have been tribal in character in times past and shall endeavor to reestablish the tribal equity, if any, in such lands so as to obtain through proper channels just compensation for such lands, which it shall find to have been unlawfully removed from the present jurisdiction of the tribe and without just compensation.
ARTICLE
XII — GUARDIANSHIP The council shall pass all necessary ordinances
whereby the rights of minors and incompetents shall be properly safeguarded,
and shall see that the administration of such funds and other assets
shall be for the exclusive benefit of such minors or incompetents. It
shall be the duty of the council to make semi-annual reports concerning
all such guardianship funds or assets, and that such reports be matters
of public record, with the exception of the trust funds and individual
Indian money, upon the approval of the Secretary of the Interior, which
is deposited and supervised by the superintendent.
ARTICLE XIII — NATIONAL SIOUX COUNCIL The tribal council shall have the further power to select delegates to sit in national councils of the entire Sioux Nation. Said National council of the Sioux Nation shall be formed by the meeting of said delegates whenever five (5) of the following Sioux Tribes shall adopt a constitution containing a provision similar to this: Standing Rock, Cheyenne River, Lower Brule, Crow Creek, Pine Ridge, Rosebud, Santee, Fort Peck.
ARTICLE
XIV — ADOPTION This constitution and by-laws, when ratified by
a majority vote of the qualified voters of the Sioux Tribe of the Cheyenne
River Reservation voting at an election called for the purpose by the
Secretary of the Interior, provided that at least 30 percent 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.
CERTIFICATE OF ADOPTION Pursuant to an order, approved October 29, 1935,
by the Secretary of the Interior, the attached constitution and by-laws
were submitted for ratification to the Cheyenne River Tribe of Sioux
Indians and were on December 7, 1935, duly ratified by a vote of 576
for, and 366 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 (Public, No. 147, 74th Cong.)
HARRY F.C. WOODS,
Chairman of Election Board.
LUKE GILBERT,
Chairman of the Cheyenne River Sioux Tribal Council.
JAMES E. HIGH HAWK,
Tribal Secretary.
WALTER
F. DICKENS,
Superintendent.
I,
Harold L. Ickes, the Secretary of Interior of the Unites States of America,
by virtue of the authority granted me by the act of June 18, 1934 (48
Stat. 984), as amended do hereby approve the attached constitution and
by-laws of the Cheyenne River Tribe of Sioux Indians.
All rules and regulations heretofore promulgated by the Interior Department
or by the Office of Indian Affairs, so far as they may be incompatible
with any of the provisions of the said constitution or by-laws are hereby
declared inapplicable to the Cheyenne river Tribe of Sioux Indians.
All officers and employees of the Interior Department are ordered to
abide by the provisions of said constitution and by-laws.
Approval recommended December 23, 1935.
John
Collier,
Commissioner of Indian Affairs.
Harold
L. Ickes,
Secretary of the Interior.
[SEAL]
WASHINGTON, D.C., December 27, 1935.