UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
 
 

CONSTITUTION AND BY-LAWS OF THE
YAVAPAI-APACHE INDIAN COMMUNITY
ARIZONA
 
 

APPROVED FEBRUARY 12, 1937
 
 
 

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1937
 
 
 
 

CONSTITUTION AND BY-LAWS OF T HE YAVAPAI-APACHE INDIAN
COMMUNITY OF THE CAMP VERDE RESERVATION
 
 

PREAMBLE

    We, the Yavapai-Apache Band of Indians of the Camp Verde Reservation, in order to establish a legal commmlity organization, promote the common welfare, and secure certain privileges and powers offered to us by the Indian Reorganization Act, do ordain and establish this Constitution and By-laws.

ARTICLE I-TERRITORY

    The jurisdiction of the Yavapai-Apache Indian Community shall extend to the territory within the confines of the Camp Verde Reservation and to all lands which may 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 Yavapai-Apache Indian Community shall consist of the following :
    (a) All persons of Indian blood whose names appear on the official census roll as of April 1, 1934, with the supplement thereto of  January 1, 1936.
    (b) And all children, born to any member who are one-half or more, Indian blood.
    SEC. 2. The General Community Council shall have the power to pass ordinances, subject to the approval of the Secretary of the Interior, covering future membership and the adoption of new members, except that no person shall be adopted into the Community who has not resided upon the Reservation for a probationary period of one (1) year.

ARTICLE III -GOVERNING BODY

    SECTION 1. The governing body of the Yavapai-Apache Indian Community shall be the General Community Council which shall be composed of all the qualified voters of the Yavapai-Apache Indian Community.
    SEC. 2. All enrolled members of the Yavapai-Apache Indian Community who are twenty one (21) years of age or over shall be qualified voters at each election.
    SEC. 3. The General Community Council shall elect from its own members by secret ballot a Chairman, a Vice-chairman, a Secretary, a Treasurer, and such other officers and committees as may be deemed necessary.
    SEC. 4. The General Community Council shall meet on the second, Saturday of December and July.
    SEC. 5. Within thirty days after the ratification and approval of  this Constitution and By-laws, a General Community Council shall be called by the present Constitutional Committee in cooperation with the Superintendent of the Reservation, for the purpose of electing the officers named herein, and it shall transact such other business as may be necessary. The officers elected at this meeting shall serve until the July meeting in 1937, at which time their successors shall be chosen. Thereafter, officials shall be chosen annually at the July meeting.
    SEC. 6. The Chairman, or 25 per cent of the qualified voters may, by written notice, call special meetings of the General Community Council. One-third of the qualified voters of the Reservation shall constitute a quorum at any special or regular meeting.
    SEC. 7. There shall be a Business Committee, consisting of the Chairman, Secretary, and Treasurer of the General Community Council, which shall perform such duties as may be authorized by that Council.

ARTICLE IV-POWERS OF THE GENERAL COMMUNITY COUNCIL
SE(,"TION 1, EnWllU!ra,ted Po1cers.-'rhe, General Community Coun-
cil of the Yavapai-Apache Indian Community shall exer('ise"the foJ-
lowing po\vers, subject to any limitations imposed by the statutes
or the Constitution of the U nlted States :
(a) 'fo negotiate \vith Federal, State and local governments.
( b ) To employ legal counsel, the choice of counsel and fixing of
fees to be subject to the approval of the Secretary of the Interior.
( c ) To veto any sale, dispositioll, lease or encumbrance of tribal
lands, interests in lands, or other triba 1 assets without the collsent of
the -Indians. -
(d) To advise the Secretary of the Interior \vith regllrd to all
appropriation estimates or Federal projects for the benefit of the
Camp Verde Reservation prior to the submission of sllch estimate..'
t,Q the Bureau of the Budget and to Congress.
( e ) To manage all tribal economic affairs and enterprises of the
Camp Verde Reservation in accordance \\"ith the terms of a Charter
that may be issued to the Ya\'apai-Apache Indiall Community by
the Secretary of the Interior.
(I) To pr'omulgate and enforce ordinances, which shall be subject
to revie\v by the Secretary of the Interior, govern!ng the c?n~uct of
members of the Yavapai-Apache IndiaQCommumty ; provldmg for
the maI11~er of makingz holdillg, !md revoking af!iSignments of tribal
lands or mterests therem; providIng for the levymg of taxes and the
appropriation of available tribal funds for public purposes; provid-
ing for the licensin,g of non-members corning upon the Reservation
for the purpose of hunting, fi~hillg, tradillg, Ol. other business, and
for the exclusiol1 from the territory of the Camp Verde Reservation
of persons not f;O licellsed; pro\'iding for the establishment of propel.
agencies for law enforcement upon the Camp Verde Reservation;
providing codes for the regulation of domestic relations of members,
governillg marriage, di vorce, legitimacy, and a(loption; pro\'iding
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for the issuance of mal'riage licellses alld decrees of di Vorce under
the supervision of the Superintendent in chal'ge of the Reservatioll ;
Rnd providil1g for the removal or exclusion from the Reservation
of any non-members whose presellCe may be injurious to the peopll.'.
(g) To charter subordil1ate organizations for ecollomic purposes
~lI1d to delegate to such organizatIons, or to any subordinate boards
or officials of .the Camp Verde ~eservation, .ally of the fo!'egoin,g
powers, reserving the right to review any action tal{el1 b,Y ,lrtlle of
sllch delegated po\,er .
( h) 'fo Rdopt resolutions not inconsistellt \vith this Constitution
~lnd the attached By:IRws, regl.llating the pr?cedure of the Cou~cil
J~self Rnd of other trIbRl a~encles, trJbal officials, or tribal orgamza-
tlons of the Camp Verde Reservation.
SEC. 2. Fut-ure l>o'Ivers.-The General- Commwlity Colll1cil may
{~xel'Ci~e such further powers as may il1 the futllre be delegated to ti;e
Councu by any member of the Commlmity 01' by the Secretary of the
Interior or any other duly authorized official (;r a~ency of t.lie State
or Federal Governmellt.
SF£. 3. Reserved Powers.-Ally rights ~lnd powers heretofore vesteJ
in the Yavapai-Apache nand of Indians of the Camp Verde Reserva-
tio~, but not e:xpres.sly referred to ill thi,s Constitllti~n, :;ha~l not be
abrIdged by this article, but. may be exercIsed by the -YuvapaJ-Apache
Indian Community through the adoption of appropriate By-laws and
('onstitutional amendments.
SEC, 4. Ma-n7ter of Heview,-Any resolution or ordinallce which
by the te,rms of this Constitution, is subject to revie\v by the Secre-
tary of the Interior, shall be presented to the Sllperintel1dent of the
ReservRtion who shall, \vithin ten days thereafter, approve or dis-
approve the same,
, If the Superilltendent shall ~Ipprove ally ordinall('e or resolution,
It. shall thereupon become effective, but the Superilltendent shall
transmit a copy of the same, bearing his endorsement to the Secre-
tary of the Interior, who may, \vithill 90 days n,om the date of
~nactment, rescind the said ordinance or resolution for any cause
by notifying the CoUllcil of such decisioil. .
If the Superintendellt shall refuse to approve any ordillance or
resolution, submitted to .him, withill ten days after its ena('tment, he
shall ad VIse the COUllCU of his reasons therefor, I f these reasons
appear,to the Collncil ~nsufficient, it may, by a majorit~y vote, refer
the ordmance or l'esolutlOll to the Secretary of the Interior. who ma v,
within 90 days n.om the date of its enactinent, approve the same In
writing, whereupon the said ordinance or resolution shall become
~ffective.
ARTI('LJo; V -AMENI>Mt;NT8
.~EC. 1. 'fhis Collstitution and By-la,,'s may be amended by a ma-
)Orlty vote of the qualified voters of the ('omlllunity votinf!; at an
elect~on called for that purpose by the Secretary of the lilterior,
pro,'lded that at least 30 per cellt of those entitled to vote shall vote in
~uch election, but no amendment shall become effective until it shall
have been approved by the Secretary of the Interior. It shall be the
duty of the Secretary of the Interior to call an election on anv pro-
posed amel!\hnent lipon receipt of a petition signed by one-third
of the qualified voters, members of the Community.
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~--==A::HE INDIAN :O~M:~-OF1:E ~
CAMP VERDE RESERVATION ,
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~-\RTICLE I-Du'rIES OF OFFICERS I
SECTION 1. The Chairmall of the GeIIe~.al Community Council
shall preside ove.r all meetings of the Council, shall perform the usual
duties of a ChairmaJl, and exercise any authority delegated to him
by the Council He shall vote only in case of a tie.
SEC. 2. The Vice-Chairman shall assist the Chairman when called
upon to do so and in the absence of the Chairman he shall preside.
'V hen so presiding, he shall have all the rights, privileges and duties
as well as the responsibilities of the Chairman.
8EC. 3. The Secretary of the Council shall conduct all Community
correspondence and shall keep an accurate record of all matters
transacted at the Council meetings. It shall be his duty to submit
promptly to the Superintendent of the jurisdiction, and the Commis-
sioner of Indian Affairs, copies of all minutes of regular and special
meetings of the General Community Council.
SEC. 4. The Treasurer of .the General Commlmitv Council shall
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a~cept, rec~Ive, receIpt for, preserve a)ld saIe~ard all ftmds in the
custody of the Council, whether they be Community funds or sp~cial
funds for ,vhich the Council is actillf!; as trustee or custodiml. He
shall deposit all ftmds in such depository as the Council shall direct
and shall make and preserve a faith flu record of such flinds and shall
report on all receipts and expendihlres arid the amowlt aud nature
of all funds in his possession and custody, at each regular meeting
of the General Communitv Council, and at such other times as
requested by the Council or'Business Committee.
He shall not payout or other,vise disburse any ftmds in his pos-
session or CllStody, except in accordance with a resolution duly passed
by the Council. The Treasurer shall be I-equired to give bond satis-
factory to the CoUllcil and to the Commissioner of Indian 1:\ffairs.
Until the Treasurer is bonded, th~, Business Committee may make
such provision for the custody aild. disbursements of fUllds as shall
~arantee their safety and proper disbursement and use.
SEC. 5. The subordinate officers or members of committ~es shall
pel;form such duties as the General CommUllity Council by resolution
shall from time to time provide.
S~c.6. The officers of ~he Yavapai-Apache In~ian Community may
receIve such compensatIon as may be determmed by the Gelleral
Community (;ouncil, f1.om such funds as may b3 a,'ailable.
ARTICLE II-R,\TIFICATIOX OF CONSTITUTION .\XO By-LA"'S
This Constitution and By-Ia,,'s, ",hen adopted by a majority vote
of the qualified voters of the Yavapai-i\.pache Band of Indians of
the Camp ,! erde Reservation voting at a special election called by
the Secre.tary of the Interior, in which at. least thirty per cent of
those entItled to shall vote, shall be subm)tted to the Secreta).y of
the Interior for his approval, and shall be in force from the date:
of such approval.
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CERTIFICATE OF ADOPTION
Pursuant to an order, approved September 16, 1936, by the Secre-
tary of the Interior, the attached Constitution and By.laws was
submitted for ratification to the members of the Yavapai-Apache
Band of Indians of the Camp Verde Reservation and was on Octo-
her 24, 1936, duly ratified by a vote of 86 for and none against in
an election in ,vhich over 30 per cent of those entitled to vote cast
t~eir ballots in accordarice with sectioll 16 of the Indian ReorganizR-
tlon Act of .J une 18, 1934 ( 48 Stat. 984) , as amended by the ~.\ct
of J une 15, 1935 ( 49 Stat. 378) .
JOIIN KINSEY.
Ohail'1naqJ, of Election Boa-rd.
ToM SMITH.
Secretary of the Election -Boa-rd.
CARL H. SKIXNt:R, Superintenden-t.
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 J lme 18, 1934 ( 48 Stat. 984) , as amended, do hereby approve the
attached Constitution and By-laws of the Yavapai-Apache Indian
Community.
All rules and regulations heretofore promulgated bv the Interior
Department or by the Office of Indian Affairs, so far as they may be
incomp,atible with any of the provisions of the said Constitution aQd
By-laws~ are 'hereby declared inapplicable to the Yavapai;.A:pache
Indian Community.
~.\ll officers and employees of the Interior Department are ordered
to abide by the provisions of the said ConstitutIon and By-laws.
~.\pproval recommended February 10, 1937.
JOHN COLLIER,
OQm1nis8ionel' of Indian Affairs.
HAROLD L. IcKES.
Secretary of the InteriO1'.
[SEAL]
WASHING1X>N, D, c., Feb,'l(ary 1'!!,1937.
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SEP 13 193'
AMENDMENT-CONSTITUTION AND BY -LA WS OF THE
YA V AP AI-AP ACHE BAND OF INDIANS, CAMP VERDE
RESERV ATION, ARIZONA
AMENDMENT I
Article III-Governing Body-which reads as follows :
"SECTION 1. The governing body of the Yavapai-Apache Indian
Community shall be the General Community Comlcil which shall be
composed of all the qualified vot~rs of the Yavapai-Apache Indian
Community.
"SEC. 2. All enrolled members of the Yavapai-Apache Indian Com-
munity who are twenty-one ( 21) years of age or over shall be qualified
voters at each election.
"SEa. 3. The (~eneral Community COUllCil shall elect from its own
members by secret baIJot a Chairman, a Vice Chairman, a Secretary,
a Treasurer, and such other officers and committees as may be deemed
necessary.
"SEC. 4. 'rhe (~eneral Community Council shall meet on the second
Saturday of December and .July.
"SEa. 5. Within thirty days after the ratification and approval of
this Constitution and By-l(l\vs, a General Community Council shall be
called by the present Constitutional Committee in cooperation with
the Superintendent of the Reservation, for the purpose of electing the
officers named herein, and it shall transact such other busiDess as may
be necessary. 'l'he officers elected at this meeting shall serve until the
.J uly meeting in 1937, :It which time their successors shall be chosen.
'l'hereafter, officials shall be chosen annually at the July meeting.
"SF;C. 6. 'rhe Chairman, or 25 percent of the qualified voters may,
by written notice, call special meetings of the General Community
Council. One-third of the qualified voters of the Reservation shall
constitute a quorum at any special or regular meeting.
"SF;C. 7. There shall be a Business Committee, consisting of the
Chairman, Secretary, and 'rreasurer of the General Community Coun-
cil, which shaIJ perform such duties as may be authorized by that
Council."
shall be amended to read as follows :
"SECTION 1. 'l'he governing body of the Yavapai-Apache Indian
Community shall be known as the Community Council and shaIJ consist
956671-51
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of eight (8) members, elected by the qualified voters of the Yavapai-
Apache Indian Community.
"SEc.2. All enrolled members of the Yavapai.Apache Indian Com-
munity 'v ho are twenty-one (21) years of age or over shall be quali-
fied voters at each election.
"SEC. 3. Following each election, the Community Council shall elect
from its membership a Chairman and a Vice Chairman, and from
within or without its own membership a Secretary, a Treasurer, and
such other officers and committees as may be deemed necessary;
Provided, That council officials elected from without the council
membership shall have no vote in the council.
"SEc.4. The first election shall be called within thirty days after the
approval of this amendment at which time four (4) members from
the Yavapai-Apache Indiari Community shall be elected to serve until
the next regular July election,-and four ( 4) members n,om Yavapai-
Apache Indian Community shall be elected to serve until the second
regular J uly election. ~L\.nnually thereafter on the second Saturday of
J uly the Yavapai-Apache Indian Community shall elect four ( 4)
members to serve a term of two (2) years.
"SEa. 5. The Community Council shall meet on the second Saturday
of January, April, July, October, and December. The July meeting
shall be a community meeting at which time the annual election shall
be held and the Community Council shall report to the community on
its ,vork during the year.
;'SEC. 6- The Chairman or any three or more members of the Council
may, by written notice, call special meetings of the Council.
"SEc.7. Quo1~lm.-Five or more members of the Council shall con-
stitute a quorum at any special or regular meeting.
"SEC. 8. Recall.-In order to expel any officers or councilmen for
neglect of duty or gross misconduct, a majority vote of the members
of the Community will be necessary; P'rovided, That the accused shall
be given an opportunity to answer any and all charges at a designated
-Community meeting called for that purpose. The decision reached at
this meeting shall be final.
"SEC- 9. The word 'General' wherever it appears preceding the teri'"{ls
'Com:nunity' and 'Community Council' throughout the Constitution
and Bv-la"s shall be deleted."
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CERTIFICATION OF ADOPTION
IPursuant to an order approved May 9, 1947, by the Assistant Secre- ,
tftr.\' of the Interior, the foregoing Amendment I was submitted for
ratification to the members of the Yavapai.Apache Band of Indians
of the Camp Verde Reservation and on June 21, 1947, was duly ratified
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by a vote of 109 for, and 2 against, in an election in which over 30
percent of those entitled to vote cast their ballots in accordance with
section 16 of the Indian Reorganization Act of June 18,1934 (48 Stat.
984) , as amended by the act of June 15, 1935 ( 49 Stat. 378) .
HARRINGTON TURNER,
Chairman, Yavapai-Apache Indian Community Council.
THOMAS SMITH,
Secretary, Yavapai-Apache Indian Com,munity Council.
THOMAS H. DoDGE,
Superintendent, Tr-uxton Canon .Agency.
APPROVAL
I, Mastin G. White, Acting Assistant Secretary of the Interior of
the United States of America, by virtue of the authority granted me
by the act of J une 18, 1934 ( 48 Stat. 984) , as amended, do hereby
approve the attached Amendment I to the Constitution alld By-la\vs
of the Yavapai-Apache Indian Community of the Camp Verde Reser-
vation, Arizona.
Approval recommended :
WILLIAM ZIMMERMAN, JR.,
Assistant Commissioner of Indian Affairs. .
[ SEAL] MASTIN G. W HITE,
~4.cting Assistant Secretary of the Interior.
'i\T .\SHINGTON, D. a., Augu-st 5, 19.~7.
u s GOVERNMENT PRINTING O"'CE "SI
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AMENDMENT-CONSTITUTION AND BY-LAWS OF THE
Y A V AP AI-AP ACHE BAND OF INDIANS, CAMP VERDE
RESERVATION, ARIZONA
ARTICLE VI-REFERENDUM
A new article shall be added to the Tribal Constitution to read as
£ollows :
ARTICLE VI-REFERENDUM
Upon a petition of at least 25 percent of the eligible voters of the
community, or upon the request of the majority of the members of the
Community.Council; [my enacted or proposed ordinance and resolution
of the Commwlity Council shall be submitted to popular referendum,
and the vote of the majority of the qualified voters in su{?,h referendum
shall decide "'hether the ordinance or resolution shall thereafter be in:
effect: Provided, That one-fourth of the eligible'voters shall vote in
such referendum.
CERTIFICATION OF ADOPTION
Pursuant to an order approved May 9, 1947, by the .\ssistant Sec-
retary of the Interior, the foregoing Amendment II ,vas submitted
for ratification to the members 0£ the Yavapai-Apache Band of In-
dians of the Camp Verde Reservation and on June 21,1947, was duly
ratified by a vote of 109 for, and 2 against, in an election in which over
30 percent 0£ 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 0£ June 15, 1935 ( 49 Stat. 378) .
HARRINGTON TURNER,
Chair'man, Yavapai-Apache Indian Community Council.
THOMAS SMITH,
Secretary, Yavapai-Apache Indian G'ommunity Council.
THOMAS H. DODGE,
,S'uperintendent, Truxton Canon Agency,
APPROVAL
;
I, Mastin G. White, Acting Assistant Secretary of the Interior of
Ithe United States of America, by virtue of the authority granted me
by the Act of J une 18, 1934 ( 48 Stat. 984) , as amended, do hereby ap- r
prove the attached Amendment II to the Constitution and By-laws 0£
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the Yavapai-Apache Indian Community of the Camp Verde Reserva-
tion, Arizona.
Approval recommended :
'VILLIAM ZIMMERMAN, Jr.
4-ssistant Commissioner 01 Indian Affairs.
MASTIN G. WHITE,
[SEAL] Acting Assistant Secretary of the Interior.
W ASHINGTON, D. C., August ti, 1947.
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