We, the Shoshone-Bannock Tribes of the Fort Hall Reservation, Idaho, in order to establish a more responsible organization, promote our general welfare, conserve and develop our lands and resources, and secure to ourselves and our posterity the power to exercise certain rights of self-government not inconsistent with Federal, State, and local laws, do ordain and establish this Constitution for the Shoshone-Bannock Tribes of the Fort Hall Reservation.

    The jurisdiction of the Shoshone-Bannock Tribes shall extend to the territory within the present confines of the Fort Hall Reservation and to such other lands without such boundaries as may hereafter be added thereto under any law of the United States except as otherwise provided by law.

    SECTION 1. The membership of the Shoshone-Bannock Tribes shall consist as follows:

(a) All persons of Indian blood whose names appear on the official census roll of the Shoshone-Bannock Tribes as of January 1, 1935, provided that such roll may be corrected within 6 months after approval of this constitution and bylaws of the Fort Hall business council with the approval of the secretary of the Interior.

(b) All children born to any member of the Shoshone-Bannock Tribes who is a resident of the reservation at the time of the birth of said children.

    SEC. 3. No property rights shall be acquired or lost through membership in this organization except as provided herein.

    SECTION 1. The governing body of the Shoshone-Bannock Tribes of the Fort Hall Reservation shall be a council known as the Fort Hall business council.

    SEC. 2. The business council shall consist of seven councilmen to be elected from the districts as set forth hereafter.

    SEC. 3. The representation from the districts hereby designated shall be as follows: Gibson and Fort Hall districts, two councilmen each; Lincoln Creek, Ross Fork Creek, and Bannock Creek one councilman each.

    SEC. 4. The business council shall have the power to change the districts and the representation from each district based upon community organization or otherwise, as deemed advisable, such change to be made by ordinance, but the total number of councilmen shall not be changed, as provided for in section 2 of article III of this constitution.

    SEC. 5. the business council so organized shall elect from within its own number (1) a chairman and (2) a vice chairman, and from within or without its own membership (3) a secretary, and (4) a treasurer, and may appoint or employ such other officers and committees as may be deemed necessary.

    SEC. 6. No person shall be a candidate for membership in the business council unless he shall be a member of the Shoshone-Bannock Tribes of the Fort Hall Reservation, and shall have resided in the district of his candidacy for a period of 1 year next preceding the election, and be at least 25 years of age.

    SEC. 7. The business council of the Shoshone-Bannock Tribes of the Fort Hall Reservation shall be the sole judge of the qualifications of its members.

    SECTION 1. The first election of a business council under this constitution shall be called, held, and supervised by the present business council within 30 days after the ratification and approval of this constitution. At the first election, the candidate receiving the highest number of votes in the Gibson, Fort Hall, and Lincoln Creek districts shall serve 2 years. The candidates receiving the next highest number of votes in the Gibson and Fort Hall districts shall serve 1 year, and the candidates receiving the highest number of votes in the Ross Fork and Bannock Creek districts shall serve 1 year, and thereafter elections for the business council shall be held every year and shall be called at least 60 days prior to the expiration of terms of office. The term of office of a councilman shall be for a period of 2 years unless otherwise provided herein.

    SEC. 2. The business council or an election board appointed by the council, shall determine rules and regulations governing all elections.

    SEC. 3. All elections shall be by secret ballot.

    SEC. 4. Any qualified member of the Shoshone-Bannock Tribes may announce his candidacy for the business council within the district of his residence by petition signed by not less than 10 legal voters. A voter may sign only one petition. Petitions for nomination shall be filed with the secretary of the business council at least 30 days prior to the election for which the candidate makes his petition. It shall be the duty of the secretary to post in a public place and in at least two other places in the district affected, at least 2 weeks before the election the names of all candidates for the business council who have met these requirements.

    SEC. 5. The business council or a board appointed by the business council shall certify to the election of the members of the business council within 5 days after the election returns.

    SEC. 6. Any member of the Shoshone-Bannock Tribes of the Fort Hall Reservation who is 21 years of age or over, and who has maintained legal residence for at least 1 year on the Fort Hall Reservation shall be entitled to vote.

    SEC. 7. The business council or a board appointed by the business council shall designate the polling places and appoint all election officials.

    SECTION 1. If a councilman or official shall die, resign, be removed or recalled from office, permanently leave the reservation, or shall be found guilty of a felony or misdemeanor involving dishonesty in any Indian, State, or Federal court, the business council shall declare the position vacant and the district affected shall elect to fill the unexpired term.

    SEC. 2. The business council may by four affirmative votes expel any member for neglect of duty or gross misconduct. Before any vote for expulsion is taken on the matter, such member or official shall be given a written statement of the charges against him at least 5 days before the meeting of the business council before which he is to appear, and an opportunity to answer any and all charges at such designated council meeting. The decision of the business council shall be final.

    SEC. 3. Upon receipt of a petition signed by one-third of the eligible voters in any district calling for the recall of any member of the council, representing said district, it shall be the duty of the council to call an election on such recall petition. No member may be recalled in any such election unless at least 30 percent of the legal voters of the district shall vote at such election.

    SECTION 1. The business council of the Fort Hall 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 bylaws and subject to review at any annual or special meeting of the Shoshone-Bannock Tribes.

(a) To negotiate with the Federal, State, and local Governments on behalf of the tribes and to advise and consult with the representatives of the Interior Department on all activities of the Department that may affect the Fort Hall Reservation.

(b) To employ legal counsel for the protection and advancement of the rights of the Shoshone-Bannock Tribes, the choice of counsel and fixing of fees to be subject to the approval of the tribes and of the Secretary of the Interior.

(c) To approve or veto any 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 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 Fort Hall Reservation prior to the submission of such estimates to the Bureau of the Budget and to Congress.

(e) To make assignments of tribal land to members of the Shoshone-Bannock Tribes in conformity with article VIII of this constitution.

(f) To undertake and manage all economic affairs and enterprises in accordance with the terms of a charter that may be issued to the Shoshone-Bannock Tribes by the Secretary of the Interior.

(g) To appropriate for salaries of tribal officials or 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 Shoshone-Bannock Tribes 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 land of the Fort Hall 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 adoption and abandonment of membership.

(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 Fort Hall 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 safeguard and promote the peace, safety, morals, and general welfare of the Fort Hall 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.

(m) To charter subordinate organizations for economic purposes, and to regulate the activities of cooperative associations of members of the Shoshone-Bannock Tribes by ordinance, provided that any such ordinance shall be subject to review by the Secretary of the Interior.

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

(o) To regulate the domestic relations of members of the tribes, subject to review by the Secretary of the Interior.

(p) To provide for the appointment of guardians for minors and mental incompetents by ordinances or resolutions, subject to review by the Secretary of the Interior.

(q) To cultivate and preserve native arts, crafts, culture, and Indian ceremonials.

(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, committees, or cooperative associations which are open to all members of the tribes any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated power.

    SEC. 3. The business council of the Shoshone-Bannock Tribes 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 the State government, or by members of the Shoshone-Bannock Tribes.

    SEC. 4. Any rights and powers heretofore vested in the tribes of the Fort Hall 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 Fort Hall Reservation through the adoption of appropriate bylaws and constitutional amendments.

    SEC. 5. Manner of review by the tribes.-The chairman of the business council shall call a general meeting of the tribes annually, at which time he shall report in detail to the tribes what has been done during the past year and set forth the plans of the business council for the coming year. This shall be freely discussed by the Indians at this general meeting and the wishes of the people may be expressed by resolutions which shall govern the future action of the business council, to be carried into effect by appropriate ordinances. The chairman may call special meetings of the tribes when necessary and shall do so upon a petition of at least 150 legal voters.

    SECTION 1. Suffrage.-All members of the tribes over the age of 21 years shall have the right to vote in all tribal reservation elections. The residence qualifications established by article IV of this constitution shall apply to all elections except elections for the amendment of this constitution and bylaws.

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

    SEC. 3. Civil liberties.-All members of the tribes may enjoy without hindrance freedom of worship, conscience, speech, press, assembly, and association.

    SEC. 4. Rights of accused.-Any member of the Shoshone-Bannock Tribes 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 upon his own behalf. Trial by jury may be demanded by any prisoner accused of any offense punishable by more than 60 days imprisonment or $45 fine. Excessive bail shall not be required and cruel punishment shall not be imposed.

    SECTION 1. Allotted lands.-Allotted lands, including heirship lands, within the Fort Hall Reservation shall continue to be 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 Idaho, or of the Federal Government, or by the tribes themselves. 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 Shoshone-Bannock Tribes. 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 Shoshone-Bannock Tribes either in exchange for a money payment or in exchange for an assignment covering the same land or other land, as hereinafter provided.

    SEC. 2. Tribal lands.-The unallotted lands of the Fort Hall Reservation, and all lands which may hereafter be acquired by the Shoshone-Bannock Tribes or by the United States in trust for the Shoshone-Bannock Tribes, 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 Shoshone-Bannock Tribes, or leased, or otherwise used by the tribes as hereinafter provided.

    SEC. 3. Leasing of tribal lands.-Tribal lands may be leased by the business 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 Shoshone-Bannock Tribes.

    SEC. 4. Grant of "standard" assignments.-In any assignment of tribal lands which are now owned by the tribes or which hereafter may be acquired for the tribes by the United States or purchased by the tribes out of tribal funds, preference shall be given, first, to heads of families which have no allotted lands or interests in allotted lands.

    No member of the Shoshone-Bannock Tribes 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 business council may, if it sees fit, charge a fee not to exceed $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.

    SEC. 5. Tenure of standard assignments.-If any member of the tribes holding a standard assignment of land shall, for a period of 2 years, fail to use land so assigned, or use such land for any unlawful purposes, his assignment may be canceled by the business 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 a preference in the reassignment of the land, provided such persons are members of the Shoshone-Bannock Tribes who would be eligible to receive a standard assignment.

    SEC. 6. Grant of "exchange" assignments.-Any member of the tribes who owns any restricted or unrestricted land or any interest therein may, with the approval of the Secretary of the Interior, voluntarily transfer his interest in such land to the tribes 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 grazing unit.

    Assignments made under this section shall be known as exchange assignments.

    SEC. 7. Leasing of exchange assignments.-Exchange assignments may be used by the assignee or leased by him to cooperative associations of the members, or to individual members or, if no member nor cooperative association is able and willing to rent the land at a reasonable fee, then such assignments may be leased to nonmembers in the same manner as allotted lands.

    SEC. 8. Inheritance of exchange assignments.-Upon the death of the holder of any exchange assignments, such interests shall be reassigned by the business council to his heirs, or devisees, subject to the following conditions:

(a) Such land may not be reassigned to any heir or devisee who is not a member of the Shoshone-Bannock Tribes, 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 grazing land or other land or interest in lands of equal value, to be determined from time to time by the business council.

(c) Such lands may not be subdivided among heirs or devisees into units too small for convenient management. No area of grazing land shall be subdivided into units smaller than 160 acres, and no area of agricultural land shall be subdivided into units smaller than 10 acres, except that land used for buildings 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 business council shall issue to such heirs or devisees interests in tribal land or property of the same value as the assignment 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.

    SEC. 10. Exchange of assignments.-Assignments may be exchanged between members of the Shoshone-Bannock Tribe by common consent in such manner as the business council shall designate.

    SEC. 11. Use of unassigned tribal land.-Tribal land which is not assigned, including tribal timber reserves, shall be managed by the business council for the benefit of the members of the entire tribe, and any cash income derived from such land accrue to the benefit of the tribes as a whole. All action of the business council with respect to such lands shall be in conformity with departmental regulations for the protection of Indian range and timber resources authorized by section 6 of the act of June 18, 1934.

    SEC. 12. Purchase of land by tribes.-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 Fort Hall Reservation or adjacent to boundaries thereof which is not now in Indian ownership may by purchased by or for the Shoshone-Bannock Tribes.

(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 tribes, 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 tribes who is over the age of 60 years, or who is physically incapacitated, may be transferred by its owner to the tribes 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 owned by any member of the reservation in excess of 80 acres of agricultural land or a proportionate area of other land may be purchased by the tribes, 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 tribes under such terms as may be agreed upon.

    SECTION 1. Upon a petition of at least one-third of the eligible voters of the Shoshone-Bannock Tribes, or upon the request of a majority of the members of the business council, any enacted or proposed ordinance or resolution of the council shall be submitted to a popular referendum, and the vote of the majority of the qualified voters voting in such referendum shall be conclusive and binding on the business council provided that at least 30 percent of the eligible voters shall vote in such election.

    SECTION 1. Amendments to the constitution and bylaws may be ratified and approved in the same manner as this constitution and bylaws. Whenever the business council shall, by a vote of five or more members, call for the submission of an amendment, the Secretary of the Interior shall call an election upon the proposed amendment. If at such election the amendment is adopted by a majority of the qualified voters of the tribes voting thereon and if at least 30 percent 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.

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

    SEC. 2. Vice chairman of the business council.-The vice chairman of the business council shall assist the chairman when called upon so to do, and in the absence of the chairman, he shall preside. When so presiding, he shall have all the rights, privileges, and duties as well as responsibilities of the chairman.

    SEC. 3. Secretary of the business council.-The secretary of the business council shall conduct all tribal correspondence and keep a complete and accurate record of all matters transacted at council meetings. It shall be his duty to submit promptly to the superintendent of the jurisdiction, and to the Commissioner of Indian Affairs, copies of all minutes of regular and special meetings of the business council and the tribes.

    SEC. 4. The treasurer of the business council.-The treasurer of the business council shall accept, receive, receipt for, preserve, and safeguard all funds in the custody of the business council, whether same be tribal funds or special funds for which the business council is acting as treasurer or custodian. He shall deposit all such funds in such banks or elsewhere as directed by the business 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 business council at regular meetings and at such other times as requested by the business council. He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the business council, except when properly authorized so to do by resolution duly passed by the business council.

    The books and records of the treasurer shall be audited at least once each year by a competent auditor employed by the business council and at such other times as the business council or the commissioner of Indian Affairs shall direct. The treasurer shall be required to give a bond satisfactory to the business council and to the Commissioner of Indian Affairs. The treasurer shall be present at all special and regular meetings of the business council.

    SEC. 5. Appointive officers.-The duties of all appointive committees or officers appointed by the Fort Hall business council shall be clearly defined by resolution of the business council at the time of their creation or appointment. Such committees and officers shall report, from time to time as required, to the business council, and their activities and decisions shall be subject to review by the business council upon the petition of any person aggrieved.

    SECTION 1. Newly elected members who have been duly certified by the business council to the secretary shall be installed at the first regular meeting of the business council. .

    SECTION 1. Each member of the business council and each officer or subordinate officer elected or appointed hereunder 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 bylaws. The following form of oath of office shall be given: "I, ------- ----------------, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies; that I will carry out faithfully and impartially the duties of my office to the best of my ability; and that I will cooperate, promote and protect the best interests of my people in accordance with this constitution and bylaws."

    SECTION 1. Meetings.-Regular meetings of the business council shall be held on the second Tuesday of each mouth at Fort Hall, Idaho, at a designated building or hall where official records will be kept. Special meetings may be called by written notice signed by the chairman or by a majority of the business council members and when so called, the business council shall have power to transact business as in regular meetings.

    SEC. 2. Quorum.-No business shall be transacted unless a quorum is present. A quorum shall consist of five councilmen. A quorum at a general meeting of the tribes shall consist of at least 150 voters at the annual meeting, and 100 voters at a called meeting.

    SEC. 3. Order of business.-The following order of business is established for all meetings:

Call to order by the chairman.

Roll call.

Ascertainment of a quorum.

Reading of the minutes of the last meeting.

Adoption of the minutes by vote or common consent.

Unfinished business.

New business.

Adjournment.

    SEC. 5. Salaries.-The business council may prescribe such salaries for officers or members of the council as it deems advisable from such funds as may be available.

    SECTION 1. Ordinances.-All final decisions of the business council on matters of general and permanent interest to the members of the Shoshone-Bannock tribes shall be embodied in ordinances, such ordinances to be published from time to time for the information and education of the members of the Shoshone-Bannock tribes.

    SEC. 2. Resolutions.-All final decisions of the business council on matters of temporary interest (such as action on the reservation budget for a single year, or petitions to Congress or the Secretary of the Interior) or relating especially to particular individuals or officers (such as adoption of members and 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 for inspection of the members of the Shoshone-Bannock tribes.

    SEC. 3. Procedure.-All questions of procedure (such as acceptance of committee reports or invitations to outsiders to speak) shall be decided by motion of the business council or by ruling of the chairman if no objection is heard.

    In all ordinances, resolutions, or motions the business council 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.

    SEC. 4. Legislative forms.-Every ordinance shall begin with the words: "Be it enacted by the business council of the Shoshone-Bannock tribes * * *."

    Every resolution shall begin with the words: "Be it resolved by the business council of the Shoshone-Bannock tribes * * *."

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

    SECTION l.-This constitution and bylaws shall be in full force and effect whenever a majority of the adult voters of the Shoshone-Bannock tribes voting at an election called by the Secretary of the Interior in which at least 30 percent 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.

    Pursuant to an order, approved March 13, 1936, by the Secretary of the Interior, the attached constitution and bylaws were submitted for ratification to the members of the Shoshone-Bannock Tribes of the Fort Hall Reservation and were on March 31, 1936, duly ratified by a vote of 358 for, and 86 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).

                                                                                                                                                  R. W. DIXEY,

    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 Shoshone-Bannock Tribes of the Fort Hall Reservation.

    All rules and regulations heretofore promulgated by the Interior Department or by the Office of Indian Affairs, so far as they may be incompatible with any of the provisions of the said constitution and bylaws are hereby declared inapplicable to the members of the Shoshone-Bannock Tribes of the Fort Hall Reservation.

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

    Approval recommended April 21, 1936.

            JOHN COLLIER,
                   Commissioner of Indian Affairs.

                                                                                                                                                         HAROLD L. ICKES,

    WASHINGTON, D. C., April 30, 1936.