PREAMBLE
We the L’Anse, Lac Vieux Desert and Ontonagon Bands of Chippewa
Indians, residing within the original confines of the L’Anse Reservation,
in order to organize as a tribe for the common welfare of ourselves and
our posterity, to insure domestic tranquility, to conserve and develop our
natural resources, to form business and other organizations, to establish
a credit system, to enjoy certain rights of home rule, do ordain and establish
this Constitution and By-laws, for our community which shall be known as
the Keweenaw Bay Indian Community.
ARTICLE I ---TERRITORY
The territorial jurisdiction of this constitution shall embrace the land
within the original boundary lines of the L’Anse Reservation as defined
pursuant to treaty dated September 30, 1854, (10 Stat. 1109), and any and
all future additions of land acquired within or without said boundary line
by the Secretary of the Interior or by the tribe, except otherwise provided
by law.
ARTICLE II --- MEMBERSHIP
Section 1. The membership of the Keweenaw Bay Indian Community shall consist
of the following:
(A) The bona fide enrolled members of the L’Anse, Lac Vieux Desert
and Ontonagon Bands of Chippewa Indians as shown on any of the allotment
rolls of the L’Anse, Lac Vieux Desert and Ontonagon Reservations, and
their descendants who were residing within the limits of the L’Anse
Reservation of June 1, 1934.
(B) Every child of one-quarter or more Indian blood born hereafter to any
member of the Keweenaw Bay Indian Community, provided such member is a resident
of the Reservation at the time of birth of said child and every child both
of whose parents are members of the Community.
Section 2. The Tribal Council shall have the power to enact ordinances subject
to review by the Secretary of Interior governing the adoption of members
for the Keweenaw Bay Indian Community. Other Indians not now members of
this reservation who desire to affiliate with the Community may upon written
application be admitted by a majority vote of the membership, and shall
thereupon have a right to vote on matters pertaining to the Community, but
shall be excluded from participating in any rights or claims arising out
of treaties, and from the right to hold office in the Community. The same
limitations are to be extended to the children of adopted members, except
where one parent is a member by birth of the Community.
ARTICLE III --- GOVERNING BODY
Section 1. The governing body of the Keweenaw Bay Indian Community shall
be the Tribal Council.
Section 2. The Tribal Council shall consist of twelve (12) councilmen to
be elected by popular ballot as follows: six (6) council men from the L’Anse
District and six (6) council men from the Baraga District.
3. The Tribal Council shall have the power to change the districts and the
representation from each district based on community population, such change
to be made by ordinance, but the total number of delegates as provided for
in Section 2, Article III, of this Constitution, shall not be changed.
Section 4. After each popular election the Tribal Council shall elect from
its own number a President, a Vice-President, , a Secretary, an Assistant
Secretary, a Treasurer and such other officers and committees as may be
deemed necessary. The five officers named and elected from the Tribal Council
shall be known as the Executive Council.
Section 5. The Tribal Council of the Keweenaw Bay Indian Community shall
be the sole judge of the qualification of its members.
ARTICLE IV --- NOMINATIONS AND ELECTIONS
Section 1. The first election of a Tribal Council under this Constitution
shall be called and supervised by the present business and advisory committee
within thirty (30) days after the ratification and approval of this constitution
and thereafter elections shall be held each year on the third Saturday prior
to the expiration of office of the members of the Tribal Council.
Section 2. At the first election four (4) council men shall be elected for
a period of one (1) year, and four (4) council men for a period of two (2)
years, and four (4) council men for a period of three (3) years.
Section 3. The Tribal Council or an election board appointed by the Tribal
Council shall determine rules and regulations governing elections.
Section 4. The L’Anse and Baraga districts shall formulate their own
rules and regulations regarding nominations and candidates for the Tribal
Council, such nominees being elected by majority vote of the entire tribe.
Each district will be required to file the names of proposed candidates
with the Tribal Secretary at least fifteen days prior to election. It shall
be the duty of the Secretary of the Tribal Council to post at least ten
days before election the names of all candidate for the Council.
Section 5. The Tribal Council or a board appointed by the Council shall
certify to the election of the members of the Council immediately after
the election returns.
Section 6. Any member of the Keweenaw Bay Indian Community who is twenty-one
years or over and who maintains residence on the reservation, and presents
himself at the polls on election day, shall be entitled to vote in the district
in which he resides.
Section 7. Any member of the Keweenaw Bay Indian Community who is twenty-five
years or over and is at least one-fourth degree Indian blood and shall have
resided within the district from which elected for least one year immediately
preceding his nomination, shall be eligible for election to the Tribal Council.
ARTICLE V --- VACANCIES AND REMOVAL FROM OFFICE
Section 1. If a councilmen or official shall die, resign, permanently leave
the reservation, or be removed from office, the council shall declare the
position vacant and appoint a successor from the district which has lost
a representative to fill the office until the next general election, when
a successor shall be elected for the unexpired term, provided that the person
chosen to fill such vacancy shall be qualified.
Section 2. Any councilmen who is proven guilty of improper conduct or gross
neglect of duty, may be expelled from the Council under the following procedures:
Should a complaint in writing from fifty members of the tribe against a
member of the Tribal Council be presented to the Council, it shall be the
duty of the Tribal Council, if the grounds for such complaint is considered
of sufficient merit, to appoint a committee of five members of the Tribe,
independent of its own membership and those making such complaint, to hold
a public hearing and make written report to the Tribal Council of its findings,
a copy of such report to be furnished to the accused. Upon receipt of such
report by the Tribal Council, it shall meet in executive session to consider
such report, grant a hearing and hear testimony of the accused. The Tribal
Council may expel a member found guilty of gross neglect of duty or improper
conduct by a two-thirds vote.
ARTICLE VI --- POWERS
Section 1. The Tribal Council shall have the power, subject to any limitations
imposed by the Statutes of the Constitution of the United States, and subject
to all express restrictions upon such power contained in this Constitution
and attached By-laws.
(A) To regulate the uses and disposition of tribal property, to protect
and preserve the tribal property, wild life and natural resources of the
community, to cultivate Indian arts, crafts, and culture, to administer
charity, to protect the health, security, and the general welfare of the
Keweenaw Bay Indian Community.
(B) To employ legal counsel for the protection and advancement of the rights
of the Keweenaw Bay Indian Community and its members, the choice of counsel
and fixing of fees subject to the approval of the Secretary of the Interior.
( C) To negotiate with the Federal, State, and local governments on behalf
of the Community, and to advise and consult with the representatives of
the Department of the Governments of the United States on all matters affecting
the affairs of the Keweenaw Bay Indian Community.
(D) To approve or veto any sale, disposition, lease or encumbrance of tribal
lands, and tribal assets, which may be authorized or executed by the Secretary
of the Interior, the Commissioner of Indian Affairs, or any other agency
of the Government, provided that no tribal lands shall be sold or encumbered,
or leased for a period in excess of five (5) years, except for governmental
purposes, and except that mineral leases, and leases to associations, or
members, may be made for such longer periods as may be authorized by law.
(E) To advise with the Secretary of the Interior with regard to all appropriation
estimates, or Federal projects, for the benefit of the Keweenaw Bay Indian
Community, prior to the submission of such estimates to the Bureau of the
Budget and to Congress.
(F) To manage all economic affairs and enterprises of the Keweenaw Bay Indian
Community in accordance with the terms of a charter or be issued by the
Secretary of the Interior.
(G) To make assignments of tribal lands to members of the Keweenaw Bay Indian
Community in conformity with Article VII of this Constitution.
(H) To appropriate for tribal use any available finds, provided, that any
appropriation in excess of $10,000 in any one fiscal year shall be of no
effect until approved at a popular referendum.
(I) To promulgate and enforce ordinances, subject to review by the Secretary
of the Interior, which would provide for taxes, assessments, or license
fees upon non-members doing business within the reservation, or obtaining
special rights or privileges, and such ordinances may also be applied to
members of the Keweenaw Bay Indian Community, without such review, provided
such ordinances have been approved by a referendum of the Keweenaw Bay Indian
Community.
(J) To exclude from the restricted lands of the Reservation persons not
legally entitled to reside thereon, under ordinances which shall be subject
to review by the Secretary of the Interior.
(K) To enact resolutions or ordinances not inconsistent with Article III
of this constitution governing adoptions and abandonment of membership,
subject to review by the Secretary of the Interior.
(L) To promulgate and enforce ordinances, which shall be subject to review
by the Secretary of the Interior, governing the conduct of members of the
Keweenaw Bay Indian Community, and providing for the maintenance of law
and order and the administration of justice by the establishment of the
an Indian Court, and a definition of its powers and duties.
(M) To purchase land from members of the Keweenaw Bay Indian Community for
public purposes under condemnation proceedings in courts of competent jurisdiction.
(N) To promulgate and enforce ordinances which are intended to safeguard
and promote the peace, safety, morals, and general welfare of the Keweenaw
Bay Indian Community by regulating the conduct of trade and the use and
disposition of property upon the reservation, providing that any ordinance
directly affecting non-members shall be subject to review by the Secretary
of the Interior.
(O) To charter subordinate organizations for economic purposes and to regulate
the activities of such organization by ordinances which shall be subject
to review by the Secretary of the Interior.
(P) To regulate the inheritance of real and personal property, other than
allotted lands, within the Keweenaw Bay Indian Community, subject to review
by the Secretary of the Interior.
(Q) To regulate the domestic relations of members of the Keweenaw Bay Indian
Community.
(R) To recommend and provide for the appointment of guardians for orphans,
minor members of the Keweenaw Bay Indian Community, and mental incompetents,
subject to review by the Secretary of the Interior, and to administer tribal
and other funds or property which may be transferred or entrusted to the
Tribe or Tribal Council for this purpose.
(S) To create and maintain a Community fund by accepting grants or donations
from any person, State, or the United States, or by tribal enterprises.
(T) To delegate to subordinate boards or to cooperative associations which
are open to all members of the Community, any of the foregoing powers, reserving
the right to review any action taken by virtue of such delegated power.
(U) To adopt resolutions or ordinance to effectuate any of the foregoing
powers.
Section 2. 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 days thereafter,
approve or disapprove the same, and if such ordinance or resolution is approved,
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 days from the dare of enactment, rescind said ordinance
or resolution for any cause, by notifying the Council of such action. If
the Superintendent shall refuse to approve any ordinances or resolutions
submitted to him, within ten days after its enactment, he shall advise the
Council of his reasons therefore, and the Council, if such reasons appear
insufficient, may refer it to the Secretary of the Interior, who may within
ninety days from its enactment, approve the same in writing, whereupon the
said ordinance or resolution shall become effective.
Section 3. The Council of the Keweenaw Bay Indian Community may exercise
such further powers as may in the future be delegated to it by the Federal
Government, either through order of the Secretary of the Interior, or by
Congress, or by State Government, or by any member of the Keweenaw Bay Indian
Community.
Section 4. Any rights and powers heretofore vested in the L’Anse, Lac
Vieux Desert, and Ontonagon Bands of Chippewa Indians, residing within the
original confines of the L’Anse Reservation, but not expressly referred
to in this Constitution shall not be abridged by this article but may be
exercised by the members of the Keweenaw Bay Indian Community through adoption
of appropriate By-laws and constitutional amendments.
ARTICLE VII --- LAND
Section 1. Allotted lands. - Allotted lands, including heirship lands within
the L’Anse Reservation shall continue to be held as heretofore by their
present owners.
Section 2. Tribal Lands - The unallotted lands of the Community, and all
lands which may hereafter be acquired by the Community or by the United
States in trust for the Community shall be held as tribal lands, and no
part of such lands shall be mortgaged or sold. Tribal lands shall not be
allotted to individual Indians but may be assigned to members of the Community,
or leases, or otherwise used by the Community, 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 Tribe. No lease of
tribal lands to non-members shall be made by the tribal council unless it
shall appear that no Indian cooperative association or individual Indians
who are members of the Community is able and willing to use the land and
to pay a reasonable fee for such use.
All action of the tribal council in regulation and leasing of tribal land
shall be consistent with the rules and regulations prescribed by the Secretary
of the Interior in accordance with section 6 of the Act of June 18, 1934.
Section 4. Grants of “Standard assignments.” - In any assignment
of tribal lands which are now owned by the Community or which hereafter
may be acquired for the Tribe by the United States or purchased by the Community
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 interest in allotted lands but shall have already received
assignments consisting of less than an economic unit of agricultural land,
or other lands r interests in lands of equal value, such economic unit to
be determined from time to time by the Tribal Council.
No allotted member of the community 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
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.
If any member of the Community holding a standard assignment of land shall
for the period of the first year 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 written request, shall have
preference in the reassignment of the land, provided such persons are members
of the Community who would be eligible to receive a standard assignment.
Section 5. Grant of “exchange assignments” - Any member of the
Community who owns an allotment or any share of heirship land or deeded
land may voluntarily convey his interest in such land to the tribe in exchange
for an 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 unit of land or other interest. Assignments
under this section shall be known as exchange assignments.
Section 6. Leasing of exchanged assignments. - Exchange assignments may
be used by the assignee or leased by him to Indian cooperative associations,
to individual members of the Keweenaw Bay Indian Community 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 7. 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 devisee’s, subject to the following
conditions:
A. Such lands may not be reassigned to any heirs or devisee’s who are
not members of the Keweenaw Bay Indian Community, except that a life assignment
may be made to the surviving widower or widow of the holder of an assignment.
B. Such lands may not be reassigned to any heir or devisee who already holds
more than an economic unit of land or interests in land, such unit to be
determined from time to time by the Tribal Council.
C. Such lands may not be subdivided into units too small for economic use
as may be determined by the Tribal Council, except that land used for buildings
or other improvements may de divided to suit the convenience of the parties.
Where it is impossible to divide the land properly among the eligible heirs
or devisee’s, the Tribal Council shall issue to the eligible heirs
or devisee’s, interests in tribal lands of the same value as their
interests in the assignment of the decedent.
D. If there are no eligible heirs or devisee’s of the decedent, the
land shall be eligible for reassignment in accordance with the provisions
of section 4 of this article.
Section 8. Use of unassigned community land. - Community land which is not
assigned, including community timber reserves, shall be managed by the Tribal
Council for the benefit of the members of the entire Community, and any
cash income derived from such land shall accrue to the benefit of the Community
as a whole.
Section 9. Inheritance of improvements. - Improvements of any character
made upon assigned land may be bequeathed to and inherited by members of
the 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 assignment. - Assignments may be exchanged between
members of the Community by common consent in such manner as the tribal
council shall designate
Section 11. Use of community funds. - Community funds may be used to acquire
land, under the following conditions:
A. Land within the L’Anse Reservation or adjacent to the boundaries
thereof which is not now in Indian ownership may be purchased by or for
the Community.
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 Community,
with the consent of all adult heirs, and the legal guardians of minor heirs,
payment thereof to be made as may be agreed upon.
C. Land owned by any member of the Keweenaw Bay Indian Tribe who is over
the age of sixty (60) years, or who is physically incapacitated, may be
transferred by its owner to the Keweenaw Bay Indian Community in exchange
for a pension of not more than twice the annual rental value of the land
for the life of the pensioner, to be paid out of available tribal funds.
D. Land in excess of an economic unit as determined by the Tribal Council
owned by any member of the Keweenaw Bay Indian Community may be purchased
by or for the Community 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 Keweenaw Bay Indian Tribe who desires
to leave the reservation permanently may be purchased by the Keweenaw Bay
Indian Community, under such terms as may be agreed upon.
Section 12. 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 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 Community
wishing to oppose the granting of an assignment shall do so in writing,
setting forth his objections, to be filled with the Secretary of the Council,
and may if he so desires appear at or before the Council to present evidence.
The Secretary of the Council shall furnish the Superintendent or other office
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 assignment
shall be kept in the agency office and shall be open for inspection by members
of the Community.
The Tribal Council shall draw up one ore more forms for standard and exchange
assignments, which shall be subject to the approval of the Secretary of
the Interior.
ARTICLE VIII --- AMENDMENTS
Section 1. This Constitution and By-Laws may be amended by a majority vote
of the qualified voters of the Community voting at an election called for
that purpose by the Secretary of the Interior provided that at least thirty
(30) percent of those entitled to vote shall vote in such an 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 any proposed amendment upon presentation
of a petition sign by two-thirds of the eligible voters of the Community.
ARTICLE I --- DUTIES OF OFFICERS
Section 1. The President of the tribal Council shall preside at all meetings
of the Council. He shall at all times have general supervision of the affairs
of the Tribal Council and such matters as natural pertain to the general
welfare of the Community. It shall also be the duty of the Chairman to countersign
all check drawn against any funds of the organization by the Treasurer.
He shall be ex-officio member of all subordinate boards and committees.
Section 2. In the absence of the President, the Vice-President shall preside
at all meetings of the Tribal Council and shall act in his stead in all
matters pertaining to the office of Chairman.
Section 3. The Secretary shall keep an accurate records of all proceedings
of the Tribal Council and furnish copies thereof to the Superintendent of
the jurisdiction. He shall attend to the keeping of the official records
of the Tribal Council and shall be responsible for the prompt and efficient
handling of all correspondence pertaining to the business of the Tribal
Council. All official records of the Tribal Secretary shall be open to inspection
by the members of the Community at all times. The Secretary shall be ex-officio
member of all subordinate boards and committees.
Section 4. The Assistant Secretary shall perform all duties that pertain
to the office of the Secretary whenever the Secretary needs assistance.
Section 5. The Treasurer of the Tribal Council shall accept, receive, receipt
for, preserve, and safeguard all funds in the custody of the Council, whether
they be tribal funds or such funds for which the Council is acting as trustee
or custodian. He shall deposit all funds in such depositary as the Council
shall direct, and shall make and preserve a faithful record of such funds
and shall report on all funds in his possession and custody at each regular
meeting of the Tribal Council, or the Executive Council. He shall not pay
out or otherwise disburse any funds in his possession or custody except
in accordance with a resolution passed by the Tribal Council. The Treasurer
shall be required to give a bond satisfactory to the Council and to the
Commissioner of Indian Affairs. The books of the Treasurer shall be audited
at least once a year by direction of the Tribal Council.
Section 6. The subordinate officers, boards and committees of the Tribal
Council shall preform such duties as the Tribal Council shall, by resolution,
from time to time provide.
ARTICLE II ---OATH
Section 1. All officers when elected shall be duly installed and subscribe
to an oath of office to support the Constitution of the United States and
this Constitution. Such officers may be sworn in by any officer qualified
to administer an oath.
ARTICLE III - MEETINGS
Section 1. Stated meetings of the Tribal Council shall be held every third
Saturday of January, April, July, and October, and at such other times as
the Council may by ordinance provide. Called meetings shall be held at the
discretion of the President, or upon request of three (3) members of the
Tribal Council. Three (3) days written notice shall be given to all Council
members.
Section 2. Seven (7) members shall constitute a quorum.
Section 3. The Tribal Council shall prescribe to rules of order for its
meetings as it desires.
Section 4. All meetings of the Tribal Council except executive sessions
shall be public to the Community.
ARTICLE IV --- ADOPTION OF CONSTITUTION AND BY-LAWS
This Constitution and By-laws, when ratified by a majority vote of the qualified
voters of the Keweenaw Bay Indian Tribe, residing within the original confines
of the L’Anse Reservation, voting at a special election called for
the purpose by the Secretary of the Interior, provided that at least thirty
(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 the approval.
Pursuant to an order, approved October 15, 1936, by the Secretary of the Interior, the attached Constitution and By-laws was submitted for ratification to the L'Anse, Lac Vieux Desert, and Ontonagon Bands of Chippewa Indian, residing with in the original confines of the L'Anse Reservation, and was on November 7, 1936, duly adopted by a vote of 239 for, and 18 against, in an election in which over 30 percent of those entitled to 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, `935 (49 Stat. 378).
John E. Thomas,
Chairman of Election board
William Curtis,
Secretary of Election Board
J.C. Cavill,
Superintendent.