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ROSEBUD
SIOUX TRIBAL
CONSTITUTION AND BY LAWS
Section 1, Section 2
Section 1, Section 2, Section
3, Section 4, Section 5, Section 6, Section 7, Section 8, Section
9, Section 10 and Section 11
Section 1 (a-u), Section 2, Section
3
Section 1, Section 2, Section
3, Section 4, Section 5, Section 6, Section 7, Section 8, Section
9
AMENDMENT
I
AMENDMENT II
AMENDMENT III
AMENDMENT IV
AMENDMENT V
AMENDMENT VI
CONSTITUTION AND BY LAWS OF THE ROSEBUD
SIOUX TRIBE OF SOUTH DAKOTA
PREAMBLE
Under and by virtue of our
Creator and His divine providence, we the enrolled members of the
Rosebud Sioux Tribe of Indians of The Rosebud Indian Reservation
in the State of South Dakota in order to establish justice to insure
tranquility and enjoy the blessing of freedom and liberty, to conserve
our tribal property, to develop our common resources, and to promote
the best welfare of the present generation and our posterity, in
education and industry, do hereby adopt and establish this constitution
and by-laws.
The jurisdiction of the Rosebud
Sioux Tribe of Indians shall extend to the territory within the
original confines of the Rosebud Reservation boundaries as established
by the act of March 2, 1889, and to such other lands as may hereafter
be added thereto under any law of the United States, except provided
by law.
Article II - Membership
Section 1.
Membership of the Rosebud Sioux Tribe shall consist of the following:
- All persons of Indian blood, including persons
born since December 31, 1920, whose names appear on the official
census roll of the tribe as of April 01, 1935.
- All persons born after April 01, 35, and
prior to the effective date of this amendment, to any member of
the Rosebud Sioux Tribe who was a resident of the reservation at
the time of the birth of said persons. (Amendment V - May 2,
1966)
- All persons of one-fourth (1/4) or more
Sioux Indian blood born after April 01, 1935 to a member of the
Tribe, regardless of the residence of the parent. (Amendment
XV - December 29, 1977) (Amendment XVI - Sept 23, 1985)
Section 2.
The Tribal Council shall have
the power to promulgate ordinances covering future membership and
the adoption of new members. (Amendment XVI - September
23, 1985)
Article III - Governing Body
Section 1.
The governing body of the Rosebud Sioux Tribe shall consist of a council
know as the Rosebud Sioux Tribal Council.
Section 2.
The president and vice president of the tribe, shall be elected at
large for a term of two years. All other members of the council
shall be elected for terms of two years. all elections shall
be secret ballot. Each community of the reservation, as follows
shall be entitled to representation on the tribal council as hereinafter
provided: (Amendment VI - May 2, 1966) (Amendment
XVII - September 23, 1985) (Amendment XXIII - February 4, 1988)
- Antelope
- Black Pipe
- Bull Creek
- Butte Creek
- Corn Creek
- Grass Mountain
- He Dog
- Horse Creek
- Ideal
- Milks Camp
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11. Okreek
12. Parmelee
13. Ring Thunder
14. Rosebud
15. St. Francis
16. Soldier Creek
17. Spring Creek
18. Swift Bear
19. Two Strike
20. Upper Cut Meat
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Section 3.
The tribal council shall have
authority to make changes in the foregoing list according to future
community needs. (Amendment XVII - September 23, 1985)
Section 4.
Each recognized community
shall elect representatives to the tribal council, in the proportion
of one representative for each seven hundred and fifty (750) members.
Recognized communities with less than seven-hundred and fifty (750)
members shall be consolidated, by the Tribal Council, with and adjacent
recognized community for representation on the Tribal Council only.
(Amendment XXII - July 31, 1987)
Section 5.
Any member of the Tribe at
least twenty-five (25) years of age, who has not been found guilty
by the Council of misconduct in Tribal affairs shall be qualified
to seek and hold membership on the Tribal Council, provided
that a candidate for President or Vice-President of the Tribe must
have been living on the Reservation for at least one year preceding
the date of the Primary election, and a candidate for Community
Representative must have been living in the Community of his
candidacy for at least one year next preceding the date of the Primary
election. If by reason of Tribal employment, or Tribal office, a candidate for Community Representative is absent from the
Community of his candidacy, and resides in Rosebud Community, such
residence shall be treated as living in the community of his candidacy
for the purpose of this section. (Amendment VI - May 2,
1966) (Amendment XVII - September 23, 1985)
Section 6.
If the office of President
becomes vacant before the expiration of the term the Vice-President
shall fill the un expired term unless the Tribal Council orders a
special election. If the office of Vice-President becomes
vacant by reason of succession, or any other cause, the Tribal Council
shall elect a Vice-President from its own number to fill the vacancy
until the next general election: provided, that the tenure
of office of any person elected to fill the vacancy shall not extend
beyond the term of office of the original incumbent.
If the office of any Community
Representative becomes vacant before the expiration of the term
and one year of more of the term remains, the Tribal Council, within
thirty (30) days after the vacancy, shall order a special election.
If less than one year of the term remains, the Community Council of
the affected Community, within thirty (30) days from the date of
the vacancy shall appoint a Community Representative for the un expired
term. (Amendment VI - May 2, 1966)
Section 7.
The Tribal Council shall
elect from within or with out its number a Secretary, Treasurer,
Sergeant-at Arms, and such other officers as it may deem appropriate
for a term for two years but not beyond the next General Election.
Any such officers selected from without the Council shall
have no vote in matters before the Council. (Amendment
VI - May 02, 1966)
Section 8
The Rosebud Sioux Tribal
Council shall be the Sole judge of the constitutional qualification
of its own members.
Section 9
The first election of Councilmen
under this Constitution shall be held on call of the present Council,
within thirty (30) days after its ratification and approval. Prior
to the first election of the Tribal Council the membership of each
Community shall be determined by the Superintendent and a committee
consisting of one delegate for each Community herein designated.
(Amendment VII - May 2, 1966)
Section 10
There shall be a Primary
election and a General Election for President and Vice President
of the Tribe held every two years commencing in 1989, and there
shall be a Primary election and General election for Community Representatives
to the Tribal Council held two years commencing in 1989. Primary
elections shall be held on the fourth Thursday in August and General
Elections shall be held on the fourth Thursday in October. If
the election Thursday is a legal holiday, the election shall be
held on the first subsequent day which is not a holiday. The
terms of Councilmen and officers in office on the effective date
of the amendment shall expire thirty (30) days following certification
of the results of the General election to be held in 1989.
(Amendment No. VI - May 2, 1966) (Amendment XVII - September 23,
1985) (Amendment XXIII - February 4, 1988)
Section 11
Newly elected tribal officers
and community representatives shall begin their official duties
on the first business day of the first week following their certification
by the Tribal Election Board. (Amendment XVII - September
23, 1985)
Article IV
Powers of the Rosebud Sioux
Tribal
Section 1
Enumerated powers - The Council
of the Rosebud Sioux Tribe Shall exercise the following powers subject
to any limitation 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 bylaws.
(Amendment No. I - effective June 19, 1962)
(a) To negotiate
with the Federal, State, and local Governments on behalf of
the tribe an to advise and consult with the representatives of the
Interior Department that may affect the Rosebud Sioux Tribe.
(b) To employ
legal counsel for the protection and advancement of the rights of
the tribe and its members, the choice of counsel and the
fixing of fees to be subject to the approval of the Secretary of the
Interior
(c) To purchase
and to otherwise acquire lands and other property for or on behalf
on the Tribe and manage, permit, assign, lease, sell, exchange, encumber,
or otherwise deal with tribal lands and property as authorized by
law provided that there shall be no non-Indians within the original
boundaries of the 1898 Treaty without the consent of the Tribe; provided,
that in leasing tribal land for grazing or agricultural purposes preference
shall be given to any member of the Tribe who is the economic head
of the family. (Amendment No. II - June 19.1962) (Amendment
No. XXI - September 23, 1985)
(d) To advise
the Secretary of the Interior with regard to all appropriation estimates
or Federal projects for the benefit of the tribe prior to the submission
of such estimates to any Departments of the United States Government,
and to Congress. (Amendment No. XVIII - September 23, 1985)
(e) To make
assignments of tribal land to members of the tribe in conformity with
Article VIII of this constitution.
(f) To make
all economic affairs and enterprises of the tribe in accordance with
the terms of a charter which may be issued to the tribe by the Secretary
of the Interior
(g) To appropriate
for public purposes of the Rosebud Sioux Tribe available tribal council
funds. (Amendment No. XVIII, September 23, 1985)
(h) To levy
taxes upon members of the tribe and to require the performance of
reservation labor in lieu thereof, and to levy taxes of license fees
upon non-members doing business with the reservation. (Amendment
No. XVIII, September 23, 1985)
(i) To exclude
by ordinance from the restricted lands of the reservation persons
not legally entitled to reside therein. (Amendment No. XVIII
- September 23, 1985)
(j) To enact
resolutions or ordinances not inconsistent with Article II of the
constitution governing the adoption and abandonment of membership.
(k) To purchase
lands of members of the tribe for public purposes, under condemnation
proceeding in courts of competent jurisdiction.
(m) To safeguard
and promote the peace, safety, morals, and general welfare of the
tribe by regulating the conduct of trade and the use and disposition
of property upon the reservation and provided further that no restricted
property of members which was obtained without any help or assistance
of the Government of the tribe may be disposed of without restrictions.
(Amendment No. XVIII - September 23, 1985)
(n) To character
subordinate organization for economic purposes and to regulate the
activities of all cooperative associations of members of the tribe.
(o) To regulate
the inheritance of property, real and personal, other than allotted
land, within the territory of the reservation. (Amendment
No. XVIII - September 23, 1985)
(p) To provide
for the appointment of guardians for minors and mental incompetents
by ordinance of resolution. (Amendment No. VIII - September
23, 1985)
(r) To exchange
and foxter the arts, crafts, traditions, and culture of the Sioux
(s) To regulate
the manner of making nominations and holding elections for tribal
offices.
(t) To adopt
resolutions regulating the procedure of the council itself and of
other tribal agencies an tribal officials.
(u) To delegate
to subordinate board or tribal officials, to the several communities, 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.
(Former Section 2 repealed by Amendment No XVIII - September
23, 1985)
Section 2
Future Powers - The Tribal
council may exercise such further powers as may in the future be
delegated to the tribe by the Secretary of the Interior or, by and
duly authorized official or agency of the State or Federal Government.
Section3
Reserved Powers - Any rights
and powers heretofore vested in the Rosebud Sioux Tribe but not expressly
referred to in this constitution shall not be abridged By this article
but may exercised by the people of the Rosebud Sioux Tribe through
the adoption of appropriate by-laws and constitutional amendments.
Article V - Community Organization
Each community established under
the constitution shall elect annually, a president, and such other
officers as may be advisable. The president shall call and preside
over popular meetings of the community whenever necessary for the
consideration of matters of local interest. The various communities
may consult with representatives or the Interior Department on all
matters of local interest and make recommendations thereon to the
tribal council or the superintendent or Commissioner of Indian Affairs,
may undertake and manage local enterprises for the benefit of the
community, may levy assessents upon members of the community, may
expend moneys in the community treasury for the benefit of the community,
may keep a roll of those members of the tribe affiliated with the
community, and may exercise such further powers as may be delegated
to the communities by the tribal council. The actions of the
community councils shall not be inconsistent with the constitutions,
by-laws, and ordinances of the tribe.
Article VI - Elections
Section 1
Any enrolled member of the
Rosebud Sioux Tribe, at least eighteen (18) years of age, who has
resided for at least thirty (30) days immediately prior to the election
day in the district in which he anticipates to vote, is qualified
to vote. (Amendment No. IX - May 02, 1966) (Amendment
No. XIV - September 4, 1973)
(Former Section 2, repealed by Amendment No. X - May 2, 1966)
Article VII - Removal from Office
Section 1
Any member of the tribal council
who is convicted of a felony or any other offense involving dishonesty
during his term of office shall automatically forfeit his office.
Section 2
The tribal council may, by
a two-thirds vote, expel any member, except the President or Vice-President,
for neglect of duty or gross misconduct, after due notice of charges
and an opportunity to be heard. Procedures for the recall of
the President or Vice-President may be initiated by a petition signed
by at least fifty (50) per cent of those members who voted in the
last tribal election. The Tribal Council shall adopt a recall
ordinance with procedures that include, but not be limited to, specific
charges for recall, provisions for hearings between the petitioners
and the person shom charges at brought against. The Tribal Council
shall call for an election of recall if the evidence submitted at
the hearing so warrant. (Amendment No. XVII - September 23,
1985)
Article VIII - Land
(Former Sections 1,2,3
and 4 repealed by Amendment No. III - June 19, 1962)
Section 1
In any assignment of tribal
lands, preference shall be given to heads of families which are entirely
landless. Assignments under this section shall be known as "home
assignments" and shall be granted for the purpose of giving opportunity
to homeless Indians for establishing a home. Any assignment
under this provision shall not exceed ten (10) acres in area.
Section 2
If any person holding a "home
assignment" of land shall for a period of six month fail to use the
land so assigned sor shall use the land for any unlawful purpose,
his assignment may be cancelled by the tribal council after due notice
and opportunity to be heard. Such land may then be available
for reassignment.
Upon the death of any Indian
holding a "home 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 eligible to receive a "home
assignment."
Section 3
Any member of the Rosebud Tribe
who owns an allotment or land or any share in heir ship land or any
deeded land, may, with the approval of the Secretary of the Interior,
voluntarily transfer him interest in such land, including or excluding
mineral rights therein, to the tribe and receive therefore an assignment
in the same land or other land of equal value or he may receive a
proportionate share in a unit of grazing.
Assignments made under this
section shall be know as "exchange assignments"
Section 4
A member receiving an "exchange
assignment" shall receive the right to lease such assigned lands or
interest under the same terms of governing the leasing of allotments.
Section 5
Upon the death of the holder
of an "exchange assignment", such lands shall be reassigned by the
Tribal Council to his heirs or devisee, subject to the following conditions.
(a) Such
lands may not be reassigned to any heir or devisee who is not a member
of the Rosebud Sioux Tribe, except that a life assignment may be made
to the surviving spouse or child of the holder of such assignment.
(b) Such
lands may not be reassigned to any heir of devisee who already holds
more that 1020 acres of land on the reservation. (Amendment
No. IV - June 19, 1962)
(c) Such
lands may not be subdivided into units too small for practical use.
No area of gazing land shall be subdivided into units smaller
than one hundred sixty (160) acres. No area of agricultural
land shall be subdivided into smaller units that two and one-half
(2 1/2) acres. when interest in assignments shall involve
smaller areas that the amount herein set out, the Tribal Council may
issue to such heir or devisee a proportionate share in other grazing
units or other interest in land of equal value.
(d) If there
are no eligible heirs or devises of the descendent, the land shall
be eligible for reassignment the same as other tribal lands.
Section 6
Improvements of any character
made upon assigned land may be willed to and inherited by members
of the Rosebud Tribe. When improvements are made possible of
fair division, the Tribal Council shall dispose of them under such
regulations as it may provide. No permanent improvements may
be removed from any tribal or assigned land without consent of the
tribal council.
Section 7
No member of the Rosebud Sioux
Tribe may use or occupy tribal land except under assignment or lease.
Section 8
Unassigned land shall be managed
by the Tribal Council for the benefit of the members of the entire
tribe.
(Former Section 9 repealed by Amendment No. XVIII - September
23, 1985)
Section 9
Applications for assignment
of lands shall be made in writing. Such applications shall be
submitted to the council at regular or special sessions. The
application will be placed in the hand of a proper committee who will
call the matter up for action of the next regular meeting of the council.
Any member of the tribe may object in writing, to a proposed
assignment. In the event of objection, the chairman of the council
shall set a date for a hearing, advising both the applicant and the
objector. The action of the council shall be final.
The Secretary of the council
shall furnish the superintendent r other officer 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 Interior.
Article IX - Amendments
Section 1
This Constitution and By-Laws
may be amended by a majority vote of the qualified voters of the Rosebud
Sioux Tribe voting at the election called for that purpose by the Secretary
of the Interior, provided that at least thirty (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 Interior. It shall be the duty of the Secretary of Interior
to call an election on any proposed amendment, upon receipt of a written
resolution signed by at least three-fourths (3/4) of the membership
of the council.
Section 2
Upon receipt of a petition
that contains the signatures of at least thirty (30) per cent of the
voters in the last tribal election, the Trial Secretary shall refer
this petition to the next Tribal Council meeting which shall call
a Tribal Constitution convention to commence within thirty (30) days
consisting of tribal members outside the Tribal Council, to conduct
this which shall be referred to the Secretary of the Interior, and
upon receipt of them, it shall be the duty of the Secretary of the
Interior to set an election as described in Section 1 above.
(Amendment No. XIX - September 23, 1985)
Article X - Bill of Rights
Section 1
All members of the tribe and
all Indians on the reservation shall enjoy with hindrance freedom
of religion, speech, press, assembly, conscience and association.
Section 2
Any Indian on the reservation
accused of any offense shall have the right to a speedy and public
trial and t be informed of the nature and cause of the accusation,
and to be confronted with witnesses against him. Any Indian
accused of any offense shall have the right to assistance of counsel
and the demand trial by jury. Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Section 3
No person shall be subject
for the same offense to be twice put in jeopardy; nor be compelled
in any criminal case to be a witness against himself; nor be deprived
of life, liberty, or property, without due process of law, nor be
denied equal protection of law. (Amendment No. XI - May 02,
1966)
BYLAWS OF THE ROSEBUD SIOUX TRIBE
Article I - Duties of Officers
Section 1
The President shall manage
and administer the affairs of the Tribe, including the supervision
of Tribal employees, subject to the resolutions, ordinances and instructions
of the Tribal Council. The President shall preside at all meetings
of the Tribal Council. He shall vote only in case of a tie.
(Amendment XII - May 02, 1966)
Section 2
The Vice-President shall assist
the President when called upon to do so, and, in the absence
of the President, he shall preside. When so presiding, he shall
have all the rights, privileges, duties, as well as the responsibilities,of the President, the Vice-President shall not have a vote except
in the case of a tie when acting as President under Section 1 of the
Article. (Amendment XIII - May 02, 1966)
Section 3
The Council Secretary shall
keep a full report of all proceedings of each regular and special
meetings or the Tribal Council and shall perform other duties of like
nature as the Council, shall from time to time by resolution provide,
and shall transmit copies of the minutes of each meeting to the Council,
to the Superintendent of the Reservation, and to the Commissioner
of Indian Affairs.
Section 4
The Council Treasurer shall
be the custodian of all moneys which come under the jurisdiction or
in control of the Rosebud Sioux Tribal Council. He shall pay
out money in accordance with the orders and resolutions of the Council.
He shall keep account of all receipts and disbursements and shall
report the same to the Council at each regular meeting. He shall
provide, such bond to be satisfactory to the Commissioner of Indian
Affairs. The books of the Council Treasurer shall be subject
to audit or inspection at the discretion of the Council or the Commissioner.
Article II - Duties of the Councilmen
Section 1
It shall be the duty of each
member of the Tribal Council to make reports to the community form
which he was elected concerning the proceeding of the tribal council.
Section 2
It shall be the duty of each
member of the Tribal Council, to attend any duly called special or
regular meeting of the Tribal Council in session, to present to the
Tribal Council in a timely manner any duly approved community resolution
or any legitimate petition of tribal member, and to abide by a tribal
Code of Ethics adopted by the Tribal Council. (Amendment No.
XX - September 23, 1985)
Article III - Oath of Office
Each member
of the tribal council and each officer or subordinate officer, elected
or appointed here under shall take an oath of office prior to assuming
the duties thereof; by which oath, he shall pledge himself to
support and defend the Constitution of the United States and this
constitution and by-laws.
(Oath)
I, __________________________________ do hereby solemnly swear that
I will support and defend the Constitution of the United States
against all enemies, will carry out faithfully, and impartially,
the duties of my office to the best of my ability; and will cooperate,
promote and protect the best interests of my tribe, the Rosebud
Sioux, in accordance with this constitution and by-laws.
Article IV - Salaries
Section 1
The Tribal council may prescribe
such salaries of tribal officers, employees, or member of the council
as it deems advisable from such funds as may be available.
Section 2
No compensation shall be paid
to any councilman, president, vice-president, secretary, treasurer,
tribal council, or any officer out of the tribal funds under the control
of the Federal Government, except upon a resolution stating the amount
of compensation and the nature of services rendered, and said resolution
shall be of no effect until approved by the Secretary of the Interior.
Article V - Meeting of Council
Section 1
Regular meetings of the Tribal
Council shall be held once a month on days and places designated by
the Tribal Council by resolution, provided special meetings may be
called by a majority of the Tribal Council membership, unless a larger
number is required elsewhere in the constitution and by-laws. (Amendment
No. XX - September 23, 1985)
Section 2
A designated room or place
shall be set aside for the tribal council, where all records and tribal
council property shall be kept.
Article VI - Sioux Council
The tribal council shall have
the power to select delegates to sit in the National Sioux Council.
Article VII - Adoption of Constitution and By-Laws
This constitution and by-laws,
when ratified by a majority of the qualified voters of the Rosebud
Sioux Tribe voting at a special 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 elections, shall be submitted
to the Secretary of the Interior, and , if approved, shall be effective
from date of approval.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved
November 1, 1935, by the Secretary of the Interior, the attached constitution
and by-laws were submitted for ratification to the members of the
Rosebud Sioux Tribe of the Rosebud Reservation and were on November
23, 1935, duly approved by a vote of 992 for the and 643 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. 964), as amended by
the act of June 15, 1935 (Public, No. 147, 74th Cong.)
/s/ George Kills In Sight
Chairman of Election Board
/s/ George Whirlwind Soldier
Vice Chairman, Rosebud Sioux Tribe
/s/ Wallace A. Murray
Secretary, Rosebud Sioux Tribe
/s/ W. O. Roberts,
Superintendent
I, Harold I. Ickes, the Secretary
of the Interior of the United States of America, by virtue of the
authority granted to me by the act of June 18, 1934 (48 Stat. 984),
as amended, do hereby approve the attached constitution and by-laws
of the Rosebud Sioux Tribe.
All rules and regulations heretofore
promulgated by the Interior Department or by the Office of Indian
Affairs or by the Office of Indian Affairs, so far as they may be
incompatible with any of the provisions of the said constitution and
by-laws are hereby declared inapplicable to the Rosebud Sioux Tribe.
All officers and employees
of the Interior Department are ordered to abide by the provisions
of the said constitution and by-laws.
Approval recommended December
16, 1935
John Collier,
Commissioner of Indian Affairs,
Harold I. Ickes
Secretary of the Interior
(SEAL)
Washington, D.C., December 20, 1935
AMENDMENT TO THE CONSTITUTION AND BY-LAWS
OF THE ROSEBUD SIOUX TRIBE
AMENDMENT I
(June 19, 1962 - YES - 346,
NO - 296)
ARTICLE IV, Section 1
Enumerated Powers - The Council
of the Rosebud Sioux Tribe shall exercise the following power, 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.
AMENDMENT II
(June 19, 1962 - YES
- 330; NO - 279)
ARTICLE IV, Section 1(c)
To purchase and to otherwise
acquire lands and other property for or on behalf of the Tribe and
to manage, permit, assign, lease, sell, exchange, encumber, or otherwise
deal with Tribal lands and property as authorized by law, and to prevent
the sale, disposition, lease, or encumbrance of Tribal land, interests
in tribal lands or other Tribal assets without the consent of the
Tribe; provided, that in leasing Tribal land for grazing or agricultural
purposes preference shall be given to any member of the Tribe who
is economic head of the family.
AMENDMENT III
(June 19, 1962 - YES - 325;
NO -291)
ARTICLE VIII, Section 1,2,3,4.
Repealed; renumber remaining sections as required
AMENDMENT IV
(June 19, 1962 - YES - 325;
NO - 291)
ARTICLE VIII, Section 9 (b)
Such lands may not be reassigned
to any heir or devisee who already holds more that 1920 acres of land
on the Reservation.
AMENDMENT V
(May 02, 1966 - YES - 702;
NO - 552)
ARTICLE II, Section 1(b)
All persons born after April
1, 1935, and prior to the effective date of this amendment, to any
member of the Rosebud Sioux Tribe who was a member resident of the
Reservation at the time of the birth of said person
ARTICLE II, Section 1(c)
All children on one-fourth
(1/4) or more Rosebud Sioux Indian blood born after the affective
data of this amendment to a member of the Tribe, regardless of the
residence of the parent.
AMENDMENT VI
(May 02, 1966 - YES - 820;
NO - 455)
ARTICLE III, Section 2
The President and Vice President
of the tribe shall be elected at large for a term of two years. All
other members of the Council shall be elected for terms of two years.
All elections shall be by secret ballot. Each community
of the Reservation, as follows, shall be entitled to representation
on the Tribal Council, according to population
CORPORATE CHARTER OF THE ROSEBUD SIOUX TRIBE
A Federal Corporation Chartered
Under the Act of June 18, 1934
Whereas,
the Rosebud Sioux Tribe of the Rosebud Reservation in South Dakota
is a recognized Indian Tribe organized under a constitution and by-laws
ratified by the Tribe on November 23, 1935, pursuant to section 16
of the Act of June 18, 1934 (48 Stat. 378); and
Whereas,
more than one-third of the adult members of the Tribe have petitioned
that a charter of incorporation be granted to such Tribe, subject to
ratification by a vote of the adult Indians living on the reservation.
Now, therefore,
I Harold I. Ickes, Secretary of the Interior, by virtue of the authority
conferred upon me by the said Act of June 18, 1934 (48 Stat. 984),
do hereby issue and submit this charter of incorporation to the Rosebud
Sioux Tribe to be effective from and afet such time as it may be ratified
by a majority vote of the adult Indians living on the reservation,
at an election in which at least 30 per cent of the eligible
voters vote.
Corporate Existence
1. In order to further the economic development
of the Rosebud Sioux Tribe by conferring upon the said Tribe certain
corporate rights, powers, privileges and immunities; to secure for
the members of the Tribe an assured economic independence; and to
provide for the proper exercise by the tribe of various functions
heretofore performed by the Department of Interior, the aforesaid Tribe
is hereby chartered as a body politic and corporate of the United
States of America, under the corporate name "The Rosebud Sioux Tribe."
Perpetual Succession
2. The Rosebud Sioux Tribe shall, as a Federal
corporation, to perpetual succession.
Membership
3. The Rosebud Sioux Tribe shall be a membership
corporation. Its members shall consist of all persons now or
hereafter members of the Tribe, as provided by its duly ratified and
approved Constitution and By Laws.
Management
4. The Rosebud Sioux Tribal Council established
in accordance with the said Constitution and By Laws of the corporate
powers hereinafter enumerated.
Corporate Powers
5. The Tribe subject to any restrictions contained
in the Constitution and laws of the United States, or in the Constitution
and By Laws of the said Tribe, shall have the following corporate
powers, in addition to all powers already conferred or guaranteed
by the Constitution and By Laws of the Tribe.
(a) To adopt, use, and alter
at its pleasure a corporate seal.
(b) To purchase, take by gift, bequest, or otherwise, own, hold,
manage, operate, and dispose of property of every description, real
and personal, subject to the following limitations.
(Charter Amendment No. 1 effective June 19, 1962)
(1) "No sale,
mortgage, or lease may be made by the Tribe of any land, or interest
in land now or hereafter, held by the Tribe, except as authorized
by law, the regulations of the Secretary of Interior and the Constitution
of the tribe."
(2) No leases, permits (which terms shall not include land
assignments to members of the Tribe) of timber sale contracts
covering any lands or interest in land now or hereafter held by
the Tribe within the boundaries of the Rosebud Reservation shall
be made by the Tribe for a longer term than ten years, and all
such leases, permits or contracts must be approved by the Secretary
of the Interior or by his duly authorized representatives; but
oil and gas leases, mineral leases, or any leases requiring substantial
improvements of the land may be made for longer periods when authorized
by law,
(3) No action shall be taken by or in behalf of the Tribe
which in any way operates to destroy or injure the tribal grazing
lands, timber, or other natural resources of the Rosebud Reservation.
All leases, permits, and timber sale contracts relating
to the use of tribal grazing or timber lands shall conform to
regulations of the Secretary of the Interior authorized by section
6 of the Act of June 18, 1934, with respect to range carrying
capacity, sustained yield forestry management, and other matters
therein specified. Conformity to such regulations shall
be made a condition of any such lease, permit or timber sale contract,
whether or not such agreement requires the approval of the Secretary
of the Interior, and violation of such condition shall render
the agreement revocable, in the discretion of the Secretary of
the Interior.
(c) To issue interests
in corporate property in exchange for restricted Indian lands, the
forms of such interests to be approved by the Secretary of the Interior
(d) To borrow money for any purpose consistent with Federal
law, the tribal constitution of the tribe, this charter and the
regulations of the Interior; Provided that no tribal June assets,
including future tribal income, may be pledged as security for a
loan except with the approval of the Secretary of the Interior;
and Provided further, that any contract involving payment in excess
of $75,000 in any one fiscal year shall be subject to approval by
the Secretary of the Interior.
(e) To engage in any business that will further the economic
well-being of the members of the Tribe or to undertake any activity
of any nature whatever, not inconsistent with law or with any provision
of the charter.
(f) To make and perform contracts and agreements of every
description, not inconsistent with law or with any provisions of
the charter, with any person, association, or corporation, with
any person, association, or corporation, with any municipality or
any county, or with the United States or the State of South Dakota
for the rendition of public services, provided that all contracts
with the United States or contracts submitted for Departmental approval,
shall not exceed $10,000 in total amount except with the approval
of the Secretary of the Interior.
(g) To pledge or assign chattels or future income due to the
Tribe under any notes, leases, or other contracts, or from any other
source, whether or not such notes, leases or contacts are in existence
at the time, provided that such agreements of pledge or assignments
other than agreements with the United States, shall not extend more
than ten years from the date of execution and shall not cover more
than one-half the income from any source.
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