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UNITED STATES DEPARTMENT OF THE INTERIOR

OFFICE OF INDIAN AFFAIRS

CONSTITUTION AND BYLAWS FOR THE

LOWER BRULE SIOUX TRIBE OF

THE LOWER BRULE

RESERVATION


APPROVED NOVEMBER 27,1935



 
 
 
 
 

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1935



 
 
 
 
 
 

CONSTITUTION AND BYLAWS FOR THE LOWER BRULE

SIOUX TRIBE

PREAMBLE

    We, the Lower Brule Sioux Tribe of the Lower Brule Reservation, in order to establish a more perfect tribal organization, promote the general welfare, develop better school facilities, conserve and develop our lands and resources, and secure to ourselves and our posterity the power to exercise certain rights of home rule not inconsistent with the Federal, State, and local laws, do ordain and establish this constitution for the Lower Brule Tribe.

ARTICLE I---TERRITORY

    The jurisdiction of the Lower Brule Tribe of Indians shall extend to the territory within the original confines of the Lower Brule Reservation boundaries as established by the Act of March 2, 1889, and other lands owned by the Lower Brule Tribe outside of the original boundaries of the Lower Brule Reservation, and to such other lands as may hereafter be added thereto under any law of the United States, except as otherwise provided by law.

ARTICLE II---MEMBERSHIP

    SECTION 1. The membership of the Lower Brule Sioux Tribe shall consist as follows:
 

(a) All persons of Indian blood whose names appear on the official census roll of the Tribe as of April 1, 1935.

(b) All children born to any member of the Lower Brule 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 to promulgate ordinances, subject to review by the Secretary of the Interior, covering future membership and the adoption of new members.

ARTICLE III---GOVERNING BODY

    SECTION 1. The governing body of the Lower Brule Tribe shall consist of a Council, known as the "Lower Brule Sioux Tribal Council."

    SECTION 2. This Council shall consist of ten members duly elected from the five districts of the Lower Brule Reservation. The voters of each district shall elect two members of the Council. The five districts of the reservation are designated as follows: Lower Brule, Fort Hale, Iron Nation, Cedar Creek, and Fort George. The present Tribal Council shall designate the boundaries of each district prior to the election of the first Council as provided in this constitution, and the Council hereafter shall have the authority to change the boundaries of the districts provided that no one district shall contain less than ten percent (10%) nor more than thirty percent (30%) of the total population of the reservation.

    SECTION 3. The Tribal Council so organized shall elect from within or outside of its own number (1) a chairman, (2) a vice chairman, (3) a secretary, (4) a treasurer, (5) a sergeant at arms, (6) a chaplain, and (7) such other officers and committees as may be deemed necessary.

    SECTION 4. The first election of the Tribal Council hereunder shall be called and supervised by the present Tribal Council within sixty (60) days after the ratification and approval of this Constitution. The candidate in each district receiving the highest number of votes shall hold office for four years and the candidate in each district receiving the next highest number of votes shall hold office for two (2) years. Thereafter every two (2) years a councilman shall be chosen for each district to represent such a district for a term of four (4) years. After the first election, elections for the Tribal Council shall be called at least sixty (60) days prior to the expiration of the terms of office of the members of the Tribal Council.

ARTICLE IV---ELECTION AND NOMINATION FOR THE TRIBAL COUNCIL

    SECTION 1. All enrolled members of the Lower Brule Tribe, twenty-one (21) years of age or over, who have maintained a legal residence within the reservation for a period of one (1) year immediately prior to any election shall have the right to vote.

    SECTION 2. The time and places of voting shall be designated by the Tribal Council.

    SECTION 3. All elections shall be by secret ballot.

    SECTION 4. Nomination of candidates for the Tribal Council under this Constitution shall be by petition signed by not less than five legal voters of the district wherein the candidate may reside. A voter may sign only one petition. Petitions for nomination shall be filed with the Secretary of the Tribal Council at least thirty (30) days prior to the election for which the candidate makes such petition. The list of qualified candidates shall be posted by the Secretary of the Tribal Council in the respective districts not less than two (2) weeks prior to the election.

    SECTION 5. All elections shall be held in accordance with the rules and regulations laid down by the Tribal Council.

ARTICLE V---VACANCIES AND REMOVAL FROM OFFICE

    SECTION 1. If a councilman or official shall die, resign, permanently leave the reservation, or shall be found guilt of a felony or misdemeanor involving dishonesty in any Indian, State, or Federal Court, the Council shall declare the position vacant and shall appoint a person from the district represented to fill the unexpired term.

    SECTION 2. The Tribal Council may by a two-third (2/3) vote expel any member for neglect of duty or gross misconduct.
 


ARTICLE VI---POWERS OF THE COUNCIL

    SECTION 1. Enumerated Powers.---The Council of the Lower Brule Reservation shall exercise the following powers, 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 the attached Bylaws.
 

(a) To negotiate with the Federal, State, and local governments, on behalf of the tribe and to advise and consult with representatives of the Interior Department on all activities of the Department that may affect the Lower Brule Reservation.

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

(c) To approve or veto any sale, disposition, lease, or encumbrance of tribal lands, interests in lands or other tribal assets which may be authorized or executed by the Secretary of the Interior, the Commissioner of Indian Affairs, or any other official or agency of government, provided that no tribal lands shall ever be sold, encumbered, or leased for a period exceeding five (5) years, except for governmental purposes.

(d) To advise the Secretary of the Interior with regard to all appropriation estimates or Federal projects for the benefit of the Lower Brule Reservation prior to the submission of such estimates to the Bureau of the Budget and to Congress.

(e) To make assignments of reservation land to members of the Lower Brule Sioux reservation in conformity with Article IX of this Constitution.

(f) To manage all economic affairs and enterprises of the Lower Brule Reservation in accordance with the terms of a charter to be issued to the Lower Brule Reservation by the Secretary of the Interior.

(g) To appropriate for public purposes of the reservation any available funds, provided that any such appropriation made prior to July 1, 1940, shall be subject to review by the Secretary of the Interior.

(h) To levy taxes upon members of the Lower Brule Tribe and to require the performance of community labor in lieu thereof, and to levy taxes or license fees, subject to review by the Secretary of the Interior, upon nonmembers doing business within the reservation.

(i) To exclude from the restricted lands of the Lower Brule Reservation persons not legally entitled to reside therein under ordinances which shall be subject to review by the Secretary of the Interior.

(j) To enact resolutions or ordinances not inconsistent with Article II of this Constitution governing adopting and abandonment of membership, and to keep at all times a correct roll of the members the Lower Brule Tribe.

(k) To promulgate and enforce ordinances, which shall be subject to review by the Secretary of the Interior, governing the conduct of members of the Lower Brule Reservation, and providing for the maintenance of law and order and the administration of justice by establishing a reservation court, and defining its duties and powers.

(l) To purchase, under condemnation proceedings in courts of competent jurisdiction, land or other property needed for public purposes, subject to the approval of the Secretary of the Interior.

(m) To safeguard and promote the peace, safety, morals, and general welfare of the Lower Brule Reservation by regulating the conduct of trade and the use and disposition of property upon the reservation, provided that any ordinances directly affecting nonmembers of the reservation shall be subject to review by the Secretary of the Interior.

(n) To charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the Lower Brule Tribe.

(o) To regulate the inheritance of . property, real and personal, other than allotted lands, within the territory of the lower Brule Reservation, subject to review by the Secretary of the Interior.

(p) To regulate the domestic relations of members of the Tribe.

(q) To provide for the appointment of guardians for minors and mental incompetents by ordinance or resolution, subject to review by the Secretary of the Interior.

(r) To adopt resolutions regulating the procedure of the Council itself and of other tribal agencies and tribal officials of the reservation.

(s) To delegate to subordinate boards or to cooperative associations which are open to all members of the Tribe any of the foregoing powers reserving the right to review any action taken by virtue of such delegated power.


    SECTION 2. Manner of Review.--Any resolution or ordinance which by the terms of this Constitution is subject to review by the Secretary of the Interior shall be presented to the Superintendent of the Reservation, who shall, within ten (10) days thereafter, approve or disapprove the same.

    If the Superintendent shall approve any ordinance or resolution it shall thereupon become effective but the Superintendent shall transmit a copy of the same, bearing his endorsement, to the Secretary of the Interior, who may, within ninety (90) days from the date of enactment, rescind, the said ordinance or resolution for any cause, by notifying the Tribal Council of such decision.

    If the Superintendent shall refuse to approve any resolution or ordinance submitted to him within ten (10) days after its enactment, he shall advise the Lower Brule Council of his reasons therefore. If these reasons appear to the Council insufficient, it may, by a majority vote, refer the ordinance or resolution to the Secretary of the Interior, who may, within ninety (90) days from the date of its enactment, approve the same in writing, whereupon the said ordinance or resolution shall become effective.

    SECTION 3. Future Powers.--The Council of the Lower Brule Reservation may exercise such further powers as may in the future be delegated to the Council by the Secretary of the Interior or by any other duly authorized official or agency of government.

    SECTION 4. Reserved Powers.--Any rights and powers heretofore vested in the Tribe or Band of the Lower Brule Reservation but not expressly referred to in this Constitution shall not be abridged by this article, but may be exercised. by the people of the Lower Brule Reservation through the adoption of appropriate bylaws and constitutional amendments.
 


ARTICLE VII---BILL OF RIGHTS

    SECTION 1. Suffrage.--All members of the Tribe over the age of twenty-one (21) shall have the right to vote in all reservation elections. The residence qualifications established by Article 4 of this Constitution shall apply to all elections except elections for the amendment of this Constitution and the attached Bylaws.

    SECTION 2. Economic Rights.--All members of the reservation shall be accorded equal opportunities to participate in the economic resources and activities of the reservation.

    SECTION 3. Civil liberties.--All members of the tribe may enjoy without hinderance freedom of worship, conscience, speech, press, assembly, and association.

    SECTION 4. Rights of Accused.--Any member of the Lower Brule Tribe accused of any offense shall have the right to a prompt, open, and public hearing with due notice of the offense charged, and shall be permitted to summon witnesses on his own behalf. Trial by jury may be demanded by any prisoner accused of any offense punishable by more than thirty (30) days' imprisonment. Excessive bail shall not be required and cruel punishment shall not be imposed.

ARTICLE VIII---REFERENDUM

    Upon a petition of at least one-half (1/2) of the eligible voters of the Lower Brule Tribe or upon the request of a majority of the members of the Tribal Council, any enacted or proposed ordinance or resolution of the Tribal Council shall be submitted to popular referendum and the vote of a majority of the qualified voters in such referendum shall be conclusive and binding on the Council.

ARTICLE IX---LAND

    SECTION 1. Allotted Lands.--Allotted lands, including heirship lands, within the Lower Brule Resesrvation shall continue to he held as heretofore by their present owners. It is recognized that under existing law such lands may be condemned for public purposes, such as roads, public buildings, or other public improvements, upon payment of adequate compensation, by any agency of the State of South Dakota or of the Federal Government, or by the Tribe itself. It is further recognized that under existing law such lands may be inherited by the heirs of the present owner, whether or not they are members of the Lower Brule Sioux Tribe. Likewise it is recognized that under existing law the Secretary of the Interior may, in his discretion, remove restrictions upon such land, upon application by the Indian owner, whereupon the land will become subject to State taxes and may then be mortgaged or sold. The right of the individual Indian to hold or to part with his land, as under existing law, shall not be abrogated by anything contained in this Constitution, but the owner of restricted land may, with the approval of the Secretary of the Interior, voluntarily convey his land to the Lower Brule Sioux Tribe either in exchange for a money payment or in exchange for an assignment covering the same land or other land, as hereinafter provided.
 

    SECTION 2. Tribal Lands.--The unallotted lands of the Lower Brule Reservation, and all lands which may hereafter be acquired by the Lower Brule Sioux Tribe or by the United States in trust for the Lower Brule Tribe shall be held as tribal lands, and no part of such land shall be mortgaged or sold. Tribal lands shall not be allotted to individual Indians but may be assigned to members of the Lower Brule 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 such periods of time, as are permitted by law.

    In the leasing of tribal lands preference shall be given, first, to Indian cooperative associations and, secondly, to individual Indians who are members of the Lower Brule Sioux Tribe. No lease of tribal land to a nonmember shall be made by the Tribal Council unless it shall appear that no Indian cooperative association or individual member of the Tribe is able and willing to use the land and to pay a reasonable fee for such use.

    Grazing permits covering tribal land may be issued by the Tribal Council with the approval of the Secretary of the Interior, in the same manner and upon the same terms as leases.

    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 interest in land of equal value, such economic unit to be determined from time to time by the Tribal Council.

    No allotted member of the Tribe who may hereafter have the restrictions upon his land removed and whose land may thereafter be alienated shall be entitled to receive an assignment of land as a landless Indian.

    The Tribal Council may, if it sees fit, charge a fee of not to exceed five dollars ($5) 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 or shall use such land for any unlawful purpose such 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 provisions of Section 4 of this Article.

    Upon the death of any Indian holding a "standard" assignment his heirs or other individuals designated by him, by will or by written request, shall have preference in the reassignment of the land, provided such persons are members of the Lower Brule Sioux Tribe who would be eligible to receive a "standard" assignment.

    SECTION 6. Grant of "Exchange" Assignments.--Any member of the Tribe who owns an allotment or an hare 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 heir or devisee who is not a member of the Lower Brule Sioux Tribe except that a life assignment be made to the surviving widower or widow of the holder of the assignment.

(b) Such lands may not be reassigned to any heir or devisee who already holds more than two sections of grazing land, or other land or interests in land of equal value, either under allotment or under assignment.

(c) Such lands may not be subdivided among heirs or devisees into units too small for convenient management. No area of grazing land shall be subdivided into units smaller than sixty (60) acres, and no area of agricultural land shall be subdivided into units smaller than two and one-half (2 1/2) acres, except that land used for building or other improvements may be divided to suit the convenience of the parties. Where it is impossible to divide the land properly among the eligible heirs or devisees the Tribal Council shall issue to such heirs or devisees grazing permits or other interests in tribal lands of the same value as the 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 the Lower Brule 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 Lower Brule Sioux Tribe by common consent in such manner as the Tribal Council shall designate.

    SECTION 11. Use of Unassigned Tribal Land.--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 Lower Brule Reservation or adjacent to the boundaries thereof which is not now in Indian ownership may be purchased by or for the Lower Brule 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, may 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 for the life of the pensioner, to be paid out of available tribal funds.

(d) Land in excess of one hundred and sixty (160) 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 assignments shall be filed with the Secretary of the Council, and shall be in writing, setting forth the name of the person or per- sons applying for the land and as accurate a description of the land desired as the circumstances shall 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 by 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 X---AMENDMENTS

    Amendments to the Constitution and Bylaws may be ratified and approved in the same manner as this Constitution and Bylaws.

    Whenever eight members of the Council shall consider an amendment necessary, such amendment shall be duly approved by eight or more members of the Council and sent to the Secretary of the Interior. It shall then be the duty of the Secretary of the Interior to call an election. If at such election the amendment is adopted by a majority of the qualified voters of the Tribe voting therein and if at least thirty percent (30%) of those entitled to vote shall vote in such election, such amendment shall be submitted to the Secretary of the Interior, and if approved by him shall thereupon take effect.

BYLAWS OF THE LOWER BRULE SIOUX TRIBE

ARTICLE I---DUTIES OF OFFICERS

    SECTION 1. Chairman of Council.--The Chairman of the Council shall preside over all meetings of the Council, shall perform all duties of a Chairman, and exercise any authority delegated to him by the Council. He shall vote only in case of a tie.

    SECTION 2. Vice Chairman of the Council.--The Vice Chairman of the Council shall assist the Chairman when called upon to do so and in the absence of the Chairman shall preside. When so presiding he shall have all the rights, privileges, and duties as well as the responsibilities of the Chairman.

    SECTION 3. Secretary of the Council.--The Secretary of the Tribal Council shall conduct all tribal correspondence and shall keep an accurate record of all matters transacted at Council meetings. It shall be his duty to submit promptly to the Superintendent of the jurisdiction and Commissioner of Indian Affairs copies of all minutes of regular and special meetings of the Tribal Council.

    SECTION 4. Treasurer of the Council.--The Treasurer of the Tribal Council 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 funds in such bank or elsewhere as directed by the Council and shall make and preserve a faithful record of such funds and shall report on all receipts and expenditures and the amount and nature of all funds in his possession or custody, such report being made in writing to the Council at regular meetings and at such other times as requested by the Council.

    He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the Tribal Council, except when properly authorized to do so by resolution duly passed by the Council.

    The books and records of the Treasurer shall be audited at least once each year by a competent auditor employed by the Council and at such times as the Council or the Commissioner of Indian Affairs may direct.

    The Treasurer shall be required to give a bond satisfactory to the Council and to the Commissioner of Indian Affairs.

    The Treasurer shall be present at all special or regular meetings of the Council.

    SECTION 5. Sergeant at Arms.--The Sergeant at Arms shall be present at all meetings of the Tribal Council, and shall maintain order within the Council chamber and perform such other duties as may be designated by the Tribal Council. He shall serve all summonses emanating from the Tribal Council and shall make proper return on same.

    SECTION 6. Chaplain of the Council.--The Chaplain of the Council shall perform such duties as the Council may direct.

    SECTION 7. Appointive officers.--The duties of all appointive boards or officers of the community shall be clearly defined by resolution of the Council at the time of their creation or appointment. Such boards and officers shall report, from time to time as required, to the Council and their activities and decisions shall be subject to review by the Council upon the petition of any person aggrieved.

ARTICLE II---DUTIES OF MEMBERS

    It shall be the duty of each member of the Tribal Council to make reports, to the districts from which he was elected, concerning the proceedings of the Tribal Council.

ARTICLE III---QUALIFICATIONS OF COUNCILMEN

    No person shall be candidate for membership in the Tribal Council unless he shall be a member of the Lower Brule Tribe and shall have resided for a period of one (1) year next preceding the election in the district of his candidacy and be at least twenty-five (25) years of age.

ARTICLE IV---CERTIFICATION OF ELECTION

    It shall be the duty of the members of the Tribal Council or board appointed by them to certify to the election of the duly elected Tribal Council members. This shall be done within five (5) days after the election.

ARTICLE V---INSTALLATION OF COUNCILMEN

    Newly elected members who have been duly certified shall be installed at the first regular meeting of the Tribal Council following the election upon subscribing to the following oath: "I ------------------ do hereby solemnly swear, (or affirm) that I shall preserve, support, and protect the Constitution of the United States and the Constitution and Bylaws of the Lower Brule Sioux Tribe to the best of my ability, so help me God."

ARTICLE VI---SALARIES

    The Tribal Council may prescribe such salaries of officers or members of the Council as it deems advisable, from such funds as may be available.
 


ARTICLE VII---TIME AND PLACE OF REGULAR MEETINGS AND PROCEDURE

    SECTION 1. Meetings.--Regular meetings of the Tribal Council shall be held at 2 p.m. on the first Saturday of each month at the Lower Brule Agency at a designated building or hall where official records will be kept. Special meetings may be called by a written notice signed by the Chairman or by a majority of the Tribal Council and when so called the Tribal Council shall have the transact business as in regular meetings.
 

    SECTION 2. Quorum.--No business shall be transacted unless a quorum is present. A quorum shall consist of eight councilmen.

    SECTION 3. Order of Business.--The following order of business is established for all the meetings:
 

Call to order by the president.

Roll call.

Ascertainment of a quorum.

Reading the minutes of the last meetings.

Adoption of the minutes by vote or common consent.

Unfinished business.

New business.

Adjournment.
 

    SECTION 4. Ordinances and resolutions.--All final decisions of the Council on matters of general and permanent interest to the members of the Tribe shall be embodied in ordinance. Such ordinances shall be collected and published from time to time for the information and education of the members of the Tribe.

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

    All questions of procedure (such as acceptance of committee reports or invitations to outsiders to speak) shall be decided by motion duly passed or by the ruling of the Chairman if no objection is heard.

    In all ordinances, resolutions, or motions the duly elected councilmen may act by majority vote, but all matters of importance shall be fully discussed and a reasonable attempt shall be made to secure unanimous agreement.

    SECTION 5. Legislative forms.--Every ordinance shall begin with the words: "Be it enacted by the Council of the Lower Brule Tribe."

    Every ordinance or resolution shall contain a recital of the laws of the United States and the provisions of the Lower Brule Constitution under which authority for the said ordinance or resolution is found.

ARTICLE VIII---NATIONAL SIOUX COUNCIL

    SECTION 1. The Tribal Council shall have the power to select delegates to sit in National Sioux Councils.

ARTICLE IX---ADOPTION

    This Constitution and Bylaws attached hereto shall be in full force and effect whenever a majority of the adult voters of the Lower Brule Sioux Tribe voting at an election called by the Secretary of the Interior in which at least thirty percent (30%) of the eligible voters shall vote, shall have ratified such Constitution and Bylaws, and the Secretary of the Interior shall have approved same, as provided in the Act of June 18, 1934, as amended by the Act of June 15, 1935.
 


CERTIFICATION OF ADOPTION

    Pursuant to an order, approved September 5, 1935, by the Secretary of the Interior, the attached constitution and bylaws were submitted for ratification to the Indians of the Lower Brule Reservation and were on October 5, 1935 duly adopted by a vote 123 for, and 42 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 BIG EAGLE,

Chairman of Election Board.

DAN QUILT,

Chairman of Lower Brule Sioux Tribal Council.

THOMAS EAGLE THUNDER,

Secretary of Lower Brule Sioux Tribal Council.

JAMES H. HYDE,

Superintendent.


    I, Harold L. Ickes, the Secretary of the Interior of the United States of America, by virtue of the authority granted me by the act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve the attached Constitution and Bylaws of the Lower Brule Sioux Tribe of the Lower Brule Reservation.

    All rules and regulations heretofore promulgated by the Interior Department or by the Office of Indian Affairs, so for as they may be incompatible with any of the provisions of the said Constitution or Bylaws, are hereby declared inapplicable to the Lower Brule Sioux Tribe of the Lower Brule Reservation.

    All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and Bylaws.

    Approval recommended:

            A. C. MONAHAN

                  Acting Commissioner of Indian Affairs.

    [SEAL]                                                                                                                                                                                           HAROLD L. ICKES,

Secretary of the Interior.

    WASHINGTON, D. C., November 27,1935.
 
 
 
 
 
 
 

AMENDMENT---CONSTITUTION AND BY-LAWS FOR THE

    LOWER BRULE SIOUX TRIBE OF THE LOWER BRULE RESERVATION
 

AMENDMENT.

1. Article III. Section2 shall be amended to read:

    "The Lower Brule Reservation shall be divided into three districts and the members of the Lower Brule Sioux Tribal Council shall be duly elected from each of these districts. The voters of each district shall elect councilmen to the tribal council in the proportion of one representative for each 25 legal voters, or a major fraction thereof; Provided, however, That each district shall be entitled to at least one councilman. The three districts of the reservation are designated as follows: Fort George, which includes that portion of the reservation that lies within Stanley County; Iron Nation, which includes all of that portion of the reservation which lies between the Stanley-Lyman County line and the 10th Guide Meridian, West, but not including any of the territory in the Little Bend Area; Lower Brule, which includes all of that portion of the reservation which lies within the Little Bend Area and east of the 10th Guide Meridian, West."

    2. Article III. A new Section 3 shall be inserted between the present Section 2 and Section 3 of this Article. The present Section 3 will then become Section 4. The new Section shall read as follows:

    "The tribal council shall have authority to change the boundaries of the three districts enumerated in Section 2 of this article or to establish new districts according to future community needs, but in either case subject to the approval of the Secretary of the Interior."

    3. Article III. The present Section 4 shall be amended to read:

    "Sec. 5. The members of the present tribal council shall hold office until the next regular election at which time all of the terms shall expire and new councilmen shall be elected in accordance with Article III, Governing Body, as changed by this amendment. The elected councilmen shall serve for two years. Elections for the tribal council shall be called at least 60 days prior to the expiration of the terms of office of the members of the tribal council."

    4. Article V. A new section shall be added to this article to read as follows:

    "Sec. 3. If a councilman moves away from a district which he represents and makes his home off the reservation or in another district on the reservation for a period of longer than three months, the office may be declared vacant by the tribal council, who shall appoint a person from the district represented to fill the unexpired term."

    5. Article IX. Add a new section following Section 10, to read as follows:

    "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."

    6. Article IX. The present Section 11 shall become Section 12 and shall have the following heading:

    ''Sec. 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 Lower Brule Reservation or adjacent to the boundaries thereof which is not now in Indian ownership may be purchased by or for the Lower Brule 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, may 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 for the life of the pensioner, to be paid out of available tribal funds.

    "(d) Land in excess of one hundred and sixty (160) 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."

    7. Article X. The first sentence in the second paragraph of this article shall be changed to read:

    "Whenever two-thirds (2/3) or more of the elected councilmen shall consider an amendment necessary, such amendment shall be duly approved by two-thirds (2/3) or more of the elected councilmen and sent to the Secretary of the Interior."

    8. Article I of the By-laws. The fourth paragraph of Section 4 of this article shall be changed to read:

    "When, in the opinion of the tribal council or the Commissioner of Indian Affairs, there are sufficient funds in the custody of the tribal council to warrant it, the Treasurer shall be required to give a bond satisfactory to the tribal council and to the Commissioner of Indian Affairs."

    9. Article VII of the By-laws. The first sentence of Section 1 of this article shall be changed to read:

    "SECTION 1. Meetings.--The regular meeting of the tribal council shall be held once each month at the Lower Brule Agency. The day of the month and the opening hour of the meeting shall be left to the discretion of the tribal council."

    10. Article VII of the By-laws. The second sentence of Section 2 of this article shall be changed to read:

    "A quorum shall consist of at least two-thirds (2/3) of the elected councilmen."

CERTIFICATION

    Pursuant to an order, approved December 9, 1941, by the Assistant Secretary of the Interior, the attached Amendment to the Constitution and By-laws for the Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota, was submitted for ratification to the qualified voters of the Tribe, and on February 4, 1942, was adopted by a vote of 57 for, and 50 against, in an election in which more than 30 percent of those entitled to vote cast their ballots in accordance with section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378).

DANIEL QUILT, SR.

Chairman, Tribal Council.

HARVEY BIG EAGLE,

Secretary, Tribal Council.

P. L. HALLAM,

Superintendent, Crow Creek Agency.

    I, Oscar L. Chapman, the Assistant Secretary of the Interior of the United States of America, by virtue of the authority granted me by the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve the attached Amendment to the Constitution and By-laws for the Lower Brule Sioux Tribe of the Lower Brule Reservation.

    Approval recommended: April 13, 1942.
 

    J. C. MCCASKILL,

            Assistant to the Commissioner.

OSCAR L. CHAPMAN,

Assistant Secretary.

    WASHINGTON, D. C., May 18, 1942: [SEAL]
 
 

















U.S. GOVERNMENT PRINTING OFFICE : 1943