We, the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, to reestablish our tribal organization, to conserve and develop our common resources, to establish a credit system and to promote the welfare of ourselves and our descendants, hereby ordain and establish this Constitution.
 

    The jurisdiction of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin shall extend to the territory within the original confines of the Lac du Flambeau Reservation as defined pursuant to the treaty dated September 30, 1854 (10 Stat. 1109), and to such other lands within or without said boundaries as may hereafter be added thereto under any law of the United States, except as otherwise provided by law.

    SECTION 1. All persons of Indian blood whose names appear on the official census roll of the Lac du Flambeau Reservation as of January 1, 1936, shall be members of the Tribe, provided, that the Tribal Council shall have power to revise said roll, with the approval of the Secretary of the Interior, at any time within two years from the approval of this Constitution.

    SEC. 2. (a) Any child, of one-fourth (1/4) or more Indian blood born to any member of the Tribe who at the birth of such child resided on the reservation shall be entitled to membership.
 

(b) Any child of one-half (1/2) or more Indian blood born to any member shall be entitled to membership regardless of his parents' residence.

(c) Any person of Indian blood who is a descendant of any member may be admitted to membership by a majority vote of the Tribal Council.

(d) Any person of Indian blood married to a member may be admitted to membership by a three-fourths (3/4) vote of the Tribal Council.

(e) Any person adopted into membership must be a permanent resident of the reservation and not a member of any other Indian tribe.

(f) Applications for membership shall be submitted by the applicant or his parent or guardian to a Committee on Membership, which shall pass upon them and present them to the Tribal Council for final action.

    SEC. 3. Vested property rights shall not be acquired or lost through membership in this organization except as provided herein.

    SECTION 1. The governing body of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin shall be the Tribal Council.

    SEC. 2. The Council shall consist of a President, Vice President, Secretary, Treasurer, and eight (8) additional members. The officers and Councilmen shall be nominated and elected by popular vote as provided in Article IV of this Constitution.

    SEC. 3. The President, Vice-president, Secretary, and Treasurer shall act as the Executive Council of the Tribal Council, to which the Tribal Council may delegate such administrative power as it shall see fit.

    SEC. 4. No person shall be a candidate for membership on the Tribal Council unless he shall be an enrolled member of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin, at least twenty-five (25) years of age, and a resident of the reservation for at least one year preceding the date of election.

    SECTION 1. The first election of a Tribal Council of twelve members under this Constitution shall be called and supervised by the Constitution Committee as now constituted, within thirty (30) days after the ratification of this Constitution and Bylaws, and thereafter elections of six Councilmen shall be held every year on the first Tuesday in October.

    SEC. 2. Immediately after the first election the Council shall meet and choose by lot two officers and four councilmen who shall serve until the next annual election, the remaining officers and councilmen to serve until the second annual election. After the first election, officers and councilmen shall be elected for two years and serve until their successors are elected and qualified.

    SEC. 3. The Tribal Council shall determine rules and regulations governing all elections following the State of Wisconsin procedure as far as practicable.

    SEC. 4. Any qualified member of the Tribe may become a candidate for membership in the Council by notifying the Secretary of the Tribal Council in writing of his candidacy at least fifteen days prior to the election. It shall be the duty of the Secretary of the Tribal Council to post at least ten days before the election, the names of all candidates for the Council.

    SEC. 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.

    SEC. 6. Any member of the Tribe who is twenty-one (21) years of age or over and who presents himself at the polls on election day, shall be entitled to vote.
 

    SECTION 1. If a Councilman or official shall die, resign, permanently leave the reservation, or to be removed from office, the Council shall declare the position vacant and appoint a successor to fill the unexpired term, provided that the person chosen to fill such vacancy shall be qualified.

    SEC. 2. Members of the Tribal Council or other elected officials of this organization may be removed from office for improper conduct or gross neglect of duty upon petition signed by twenty-five or more members of the organization, stating their reasons for such removal. The Tribal Council shall consider such complaint and if deemed sufficient for removal, the Council shall appoint an impartial committee composed of five members of the Tribe, none of whom shall be a member of the Council or one of the signers of the petition, who shall immediately proceed to investigate and report to the Council. The Tribal Council, shall, upon receipt of such report, grant a hearing, hear testimony and determine the action to be taken, and if such investigation shall merit removal, it shall be ordered by a majority vote of the Council. And it is further provided that such removed official shall have the right of appeal to the whole Tribe at an annual or special election.

    SECTION 1. The Tribal Council shall have the power, subject to any limitations imposed by the statutes or the Constitution of the United States, and subject to all express restrictions upon such powers contained in this Constitution and Bylaws:
 

(a) To regulate the use and disposition of tribal property to protect and preserve the tribal property, wild life and natural resources of the Lac du Flambeau Band of Lake Superior Chippewa Indians, to cultivate Indian arts, crafts, and culture, to administer charity, to protect the health, security, and general welfare of the Tribe.

(b) To employ legal counsel for the protection and advancement of the rights of the Lac du Flambeau Band of Lake Superior Chippewa Indians and its members, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior.

(c) To negotiate with the Federal, State, and local governments, on behalf of the Lac du Flambeau Band of Lake Superior Chippewa Indians and to advise and consult with the representatives of the Department of the Government of the United States on all matters affecting the affairs of the Tribe.

(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 years, except that mining leases 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 Tribe, 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 Tribe in accordance with the terms of a charter to be issued by the Secretary of the Interior.

(g) To make assignments of tribal lands to members of the Tribe in conformity with Article VII of this Constitution.

(h) To appropriate for tribal use any available applicable tribal funds provided that if any appropriation shall result in the total appropriations for any fiscal year amounting to more than $5,000, such appropriation shall not be effective until approved by popular referendum.

(i) To promulgate and enforce ordinances, subject to review by the Secretary of the Interior, which provide for taxes, assessments, or license fees upon non-members doing business within the reservation, or obtaining special rights or privileges, and the same, without such review, may also be applied to members of the Tribe, provided such ordinances have been approved by a popular referendum of the Tribe.

(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 in accordance with Article II of this Constitution governing adoptions and abandonment of membership, provided that such adoption shall require the approval of the Secretary of the Interior for each applicant unless he is a person of Indian descent and related by marriage or descent to a member of the Tribe.

(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 Tribe and providing for the maintenance of law and order and the administration of justice by the establishment of an Indian Court, and defining its powers and duties.

(m) To purchase land from members of the Tribe 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 Tribe 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 all cooperative and other associations which may be organized under any charter issued under this Constitution.

(p) To regulate the inheritance of real and personal property, other than allotted lands, within the Lac du Flambeau Reservation, subject to review by the Secretary of the Interior.

(q) To regulate the domestic relations of members of the Tribe.

(r) To recommend and provide for the appointment of guardians for orphans, minor members of the Tribe, and mental incompetents, subject to the approval of 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 tribal 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 Tribe, any of the fore-going powers, reserving the right to review any action taken by virtue of such delegated power.

(u) To adopt resolutions or ordinances to effectuate any of the foregoing powers.

(v) To pledge tribal assets, except tribal lands, as collateral to secure loans but only with the approval of a referendum vote of the members of the Tribe and with the approval of the Secretary of the Interior.
 

    SEC. 3. The Council of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin 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 Tribe.

    SEC. 4. Any rights and powers heretofore vested in the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin but not expressly referred to in this Constitution shall not be abridged by this article, but may be exercised by the members of the Tribe through the adoption of appropriate bylaws and constitutional amendments.

    SECTION 1. Allotted Lands.--Allotted lands, including heirship lands, within the Lac du Flambeau 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 Federal Government, or by the Tribe itself. 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 Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin. 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 owners, 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 Tribe 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 Lac du Flambeau Reservation, and all lands which may hereafter be acquired by the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin or by the United States in trust for the said Tribe 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 Tribe, or leased, or otherwise used by the Tribe, as hereinafter provided.

    SEC. 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 cooperative associations of members of the Tribe, and, secondly, to individual Indians who are members of the Tribe. No lease of tribal lands to a non-member shall be made by the Tribal Council unless it shall appear that no cooperative association of members of the Tribe or individual member of the Tribe is able and willing to use the land and to pay a reasonable fee for such use.

    Grazing permits covering tribal land may be issued by the Tribal Council 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. 4. Grant of "Standard" Assignments.--In any assignment of tribal lands which are now owned by the Tribe or which may be acquired hereafter for the Tribe by the United States or purchased by the Tribe 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 interests in allotted lands, but shall have already received assignments consisting of less than an economic unit of agricultural land, or other land or interests in land of equal value, such economic unit to be determined from time to time by the Tribal Council.

    No allotted member of the Tribe who may hereafter have the restrictions upon his land removed and whose land may hereafter be alienated, except to the Tribe, 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 ($5.00) 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 members and shall be known as "standard" assignments.

    SEC 5. Tenure of "Standard" Assignments.--If any member of the Tribe holding a "standard" assignment of land shall, for a period of one 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 a preference in the reassignment of the land, provided such persons are members of the Tribe who would be eligible to receive a "standard" assignment.

    SEC. 6. Grant of "Exchange" Assignments.--Any member of the Tribe who owns an allotment or any share of heirship 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.

    SEC. 7. Inheritance of Improvements.--Improvements of any character made upon assigned land may be bequeathed to and inherited by members of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin 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.

    SEC. 8. Exchange of Assignments.--Assignments may be exchanged between members of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin by common consent in such a manner as the Tribal Council shall designate.

    SEC. 9. Purchase of Land by Tribe.--Tribal funds may be used with the consent of the Secretary of the Interior, to acquire land, under the following conditions:
 

(a) Land within or without the Lac du Flambeau Reservation which is not now in Indian ownership may be purchased by or for the Lac du Flambeau Band of Lake Superior Chippewa Indians.

(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 Tribe, 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.

    SEC. 10. 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 shall permit.

    Notices of all applications received by the Secretary shall be posted by him in the Agency office and in at least three other 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 Tribe wishing to oppose the granting of an assignment shall do so in writing, setting forth his objections, to be filed with the Secretary of the Council, and may if he so desires appear before the Council to present evidence. The Secretary of the Council shall furnish the Superintendent or other officers 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 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 the Interior.

    Amendments to this Constitution and Bylaws may be ratified and approved in the same manner as this Constitution and Bylaws. Whenever the Tribal Council by a vote of eight members shall consider an amendment necessary such amendment shall be sent to the Secretary of the Interior. It shall then be the duty of the Secretary of the Interior to call an election. If at such election the amendment is adopted by a majority vote of the adult members of the Tribe voting thereon in an election in which at least thirty per cent of those entitled to vote shall vote, such amendment shall be submitted to the Secretary of the Interior and if approved by him shall thereupon become effective.
 

    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 naturally pertain to the general welfare of the Community. It shall also be the duty of the President to countersign all checks drawn against funds of the Tribe by the Treasurer. He shall vote only in case of a tie. The President shall be ex-officio member of all subordinate boards and committees.

    SEC. 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 the President.

    SEC. 3. The Secretary shall keep an accurate record 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 Tribe at all times. The Secretary shall be ex-officio member of all subordinate boards and committees.

    SEC. 4. The Treasurer shall be the custodian of all funds in possession of the Tribe from any source. He shall be bonded by a surety company of recognized standing in an amount to be determined by the Tribal Council, such surety company and bond to be approved by the Commissioner of Indian Affairs. He shall keep an accurate record of all such funds and shall disburse the same in accordance with the vote of the Tribal Council and as designated by this Constitution and Bylaws. The books shall be open to audit and examination by the duly authorized officers of the Secretary of the Interior at all times.

    The records of the Treasurer shall be open to inspection by members of the Tribe, members of the Tribal Council and its officers.

    SEC. 5. The subordinate officers, boards, and committees of the Tribal Council shall perform such duties as the Tribal Council shall, by resolution, from time to time provide.
 

    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.

    SECTION 1. Regular meetings of the Tribal Council shall be held on the first Friday of January, April, July, and October and at such other times as the Council shall designate. Special meetings shall be held at the discretion of the President, or upon request of three members of the Tribal Council. Five days written notice shall be given to all Council members.

    SEC. 2. Seven members shall constitute a quorum..

    SEC. 3. The Tribal Council shall prescribe such rules of order for its meetings as it desires.

    SEC. 4. The meetings of the Tribal Council except executive sessions shall be public to the Tribe.
 

    This Constitution and Bylaws, when ratified by a majority vote of the adult members of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin 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 approval.

    Pursuant to an order, approved June 11, 1936, by the Secretary of the Interior, the attached Constitution and Bylaws were submitted for ratification to the adult members of the Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation in Wisconsin, and were on July 18, 1936, duly adopted by a vote of 182, for, and 51 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).

    J. C. CAVILL, Superintendent.

    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 Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin.

    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 adult members of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin.

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

    Approval recommended: August 5, 1936.

            WILLIAM ZIMMERMAN, JR.

                    Assistant Commissioner of Indian Affairs.
 

WASHINGTON, D. C., August 15, 1936.
 
 
 
 
 
 

AMENDMENT TO THE CONSTITUTION AND BY-LAWS OF THE LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, WISCONSIN

    Article VI, Powers and Duties of the Tribal Council, shall be amended as to section 1 (d) to read as follows:
 

"(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 10 years, except that mining leases may be made for such longer periods as may be authorized by law."

    Pursuant to an order approved on March 15, 1943, by the Assistant Secretary of the Interior, the attached amendment to the tribal constitution was submitted for ratification to the members of the Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation, and was on April 24, 1943, duly adopted by a vote of 141 for and 40 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).

    J. C. CAVILL,

         Superintendent, Great Lakes Agency.

    I, Oscar L. Chapman, the Assistant 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 Amendment to the Constitution and By-laws of the Lac du Flambeau Band of Lake Superior Chippewa Indians.

    Approval recommended: June 19, 1943.

        PAUL L. FICKINGER,

                For the Commissioner of Indian Affairs.

WASHINGTON, D. C., June 25, 1943.
 
 

AMENDMENT--CONSTITUTION AND BY-LAWS OF THE LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, WISCONSIN

    Article VIII, Amendments, shall be amended to read as follows:
 

"Amendments to this Constitution and By-laws may be ratified and approved in the same manner as this Constitution and By-laws. Whenever the Tribal Council by a vote of eight members shall consider an amendment necessary such amendment shall be sent to the Secretary of the Interior. It shall then be the duty of the Secretary of the Interior to call an election. If at such election the amendment is adopted by a majority vote of the adult members of the Tribe residing on the reservation voting thereon in an election in which at least thirty percent of those entitled to vote shall vote, such amendment shall be submitted to the Secretary of the Interior and if approved by him shall thereupon become effective."

    Pursuant to an order approved on March 15, 1943, by the Assistant Secretary of the Interior, the attached amendment to the tribal constitution was submitted for ratification to the members of the Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation, and was on April 24, 1943, duly adopted by a vote of 145 for and 35 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).

    J. C. CAVILL,

        Superintendent, Great Lakes Agency.

    I, Oscar L. Chapman, the Assistant 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 amendment to the Constitution and By-laws of the Lac du Flambeau Band of Lake Superior Chippewa Indians.

    Approval recommended: June 19, 1943.

    PAUL L. FICKINGER,

            For the Commissioner of Indian Affairs.

     [SEAL]                                                                                                                                                                   Assistant Secretary of the Interior.
 

    WASHINGTON, D. C., June 25, 1943.