UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
CONSTITUTION AND BYLAWS
OF THE
KOOTENAI TRIBE OF IDAHO
APPROVED JUNE 16,1947
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1957
CONSTITUTION AND BYLAWS
OF THE
KOOTENAI TRIBE OF IDAHO
PREAMBLE
We, the Kootenai Indians of Idaho, in order to establish a tribal organization and promote our common welfare, do establish this Constitution and Bylaws.
ARTICLE I-TERRITORY
This tribal organization, to be known as "The Kootena Tribe of Idaho," shall extend its jurisdiction over the area of Indian trust lands acquired under the Act of February 8,1887 (24 Stat. 388), and other trust lands acquired pursuant to the Act of May 10, 1926 (44 Stat. 202), over any lands which may hereafter be acquired by or for the Kootenai Tribe of Idaho.
ARTICLE II-MEMBERSHIP
SECTION 1. The membership of the Kootenai Tribe of Idaho shall consist as follows of :
(a) All Indians whose names appear on the official census roll of the Kootenai Tribe as of January 1, 1940; provided that prior to 1950 corrections may be made in the said roll by the tribal governing body, subject to the approval of the Secretary of the Interior or his duly authorized representative.SEC. 2. The governing body of the Tribe shall have power to make rules, subject to approval by the Secretary of the Interior or his duly authorized representative, governing the adoption of new members or the termination of membership in the Tribe.
(b) All children, born to members of the Tribe, who are at least, one-fourth degree Kootenai blood and who are not affiliated by residence or membership with any Canadian band of Indians.
ARTICLE III-GOVERNING
SECTION 1. The governing body of the Tribe shall
be a tribal council consisting of five members, one of whom shall be the
duly constituted honorary chief of the Tribe and four shall be elective
council members.
SEC. 2. The four elective council members shall
be selected by popular vote of the adult members of the Tribe and shall
serve for a term of three years. Elections shall be conducted by
an election board of three members appointed by the honorary chief which
board shall prescribe the election rules and procedures.
SEC.3. Immediately upon election, the members of
the tribal council shall be convened by the chief and they shall elect
from their membership the following officers: a chairman, a vice-chairman,
a secretary, and a treasurer.
SEC. 4. Any vacancies occurring in the council shall
be filled for the unexpired period by special election at a meeting of
the tribal members to be held on the occasion of the next regular council
meeting. Members of the council shall be subject to recall in the same
manner as elected.
ARTICLE IV-POWERS OF THE COUNCIL
SECTION l. The tribal council shall have the following powers, subject to any limitations imposed by the Statutes or the Constitution of the United States:
(a) To represent the Tribe and to negotiate with Federal, State, and local governments;
(b) To manage the business affairs of the Tribe;
(c) To borrow money, subject to the approval of the Commissioner of Indian Affairs, from the Indian credit fund or from any other Governmental agency and to pledge or assign future tribal income, as security for such loans;
(d) To establish a tribal court and adopt a code of law which shall be subject to the approval of the Secretary of the Interior or his duly authorized representative;
(e) To exercise any rights and powers heretofore or hereafter vested in the Tribe but not referred to in this Constitution.
This Constitution and Bylaws may be amended by a majority vote of the adult members of the Tribe who vote at an election called for that purpose by resolution of the council, or upon petition signed by 30% of the adult members of the Tribe, such amendents to become effective when approved by the Commissioner of Indian Affairs.
BYLAWS OF THE KOOTENAI TRIBE OF IDAHO
ARTICLE I-DUTIES OF OFFICERS
SECTION 1. The chairman shall preside over meetings
of tribal council, affix his signature to official documents and shall
vote only in case of a tie.
SEC. 2. The vice-chairman shall act in the capacity
of chairman in the absence of the chairman.
SEC. 3. The secretary shall conduct correspondence,
issue notices, take minutes, and ,affix his signature to official documents.
SEC. 4. The treasurer shall keep a record of financial
transactions. Should any funds accrue to the Tribe, the Northern Idaho
Agency shall serve as a depository therefor, and the treasurer shall give
an adequate surety bond before handling any funds.
ARTICLE II-MEETINGS
SECTION 1. The tribal council shall hold meetings
as called by the chairman or upon written request of at least three members
of the council.
SEC. 2. Three members shall constitute a quorum
of the council.
ARTICLE III-RATIFICATION
This Constitution and Bylaws shall become effective upon ratification by a majority vote of the adult members of the Kootenai Tribe of Indians voting at an election authorized for that purpose by the Commissioner of Indian Affairs.
CERTIFICATE OF ADOPTION
Pursuant to the Constitutional election held on April
10, 1947, this Constitution and Bylaws of the Kootenai Tribe of Idaho was
duly adopted by a vote of 24 for, and 2 against.
PIERRE ANDREW
Judge, Election Board
SIMON FRANCIS
Clerk, Election Board.
ARCHIE PHINNEY
Superintendent, Northern Idaho Agency.
APPROVAL
This Constitution and Bylaws, having been proposed and duly ratified
by the members of the Kootenai Tribe of Idaho on April 10, 1947, at a referendum
called by me, is herewith approved.
WILLIAM ZIMMERMAN, Jr.
Acting Commissioner of Indian Affairs.
Chicago, Illinois, June 16,1947