We, the Indians of the Muckleshoot Indian Tribes of the Muckleshoot Reservation, Wash., pursuant to the act of Congress of June 18, 1934, do hereby establish this constitution for the Muckleshoot Indian Tribe. The purpose of this organization shall be the economic, educational, social, and moral rehabilitation of the Indians of the Muckleshoot Tribe, the conservation and development of their resources for their common welfare, the ultimate attainment of self-support and political independence, and the furnishing of a responsible organized body through which government subsidy and control may be exercised so long as necessary.

    SECTION 1. The name of this organized body shall be the Muckleshoot Indian Tribe.

    SEC. 2. The jurisdiction of the tribe shall include all the territory within the original confines of the Muckleshoot Reservation as established by Executive orders dated January 20, 1857, and April 9, 1874, and shall extend to such other lands as may be hereafter added thereto under any law of the United States, except as otherwise provided by law.

    SECTION 1. The membership of the tribe shall consist of:

(a) All persons of Indian blood whose names appear on the official census roll of Muckleshoot Indians, and who were residents on the Muckleshoot Reservation on June 1, 1934.

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

    SECTION 1. The governing body of the Muckleshoot Indian Tribe shall be known as the Muckleshoot Indian tribal council.

    SEC. 2. This tribal council shall consist of nine members duly elected to serve 3 years, three being elected each year.

    SEC. 3. The tribal council so organized shall elect from within its own number, (1) a chairman, (2) a vice chairman, and from
within or without, (3) a secretary, (4) a treasurer, and may appoint or employ such other officers and committees as may be deemed necessary, such as supervisory commissioners, managers, etc., to be immediately responsible for each separate industry and activity, the direction and management of which is assumed by the council, for example: Health, welfare, education, agriculture, land management, horticulture, construction, employees, law and order, finance, etc.

    SEC. 4. The first election of the tribal council hereunder shall be called, held, and supervised by the present tribal council within 60 days after the ratification and approval of this constitution. The three candidates receiving the highest number of votes shall hold office for 3 years, the three next highest for 2 years, and the three next highest for 1 year, and they shall hold office until their successors are duly elected and qualified. After the first election, elections for the tribal council shall be called within 60 days prior to the expiration of the terms of office of its members.

    SECTION 1. All members of the Muckleshoot Indian Tribe who are 21 years of age or over, and who have maintained legal residence on the reservation for a period of 1 year immediately prior to any election shall have the right to vote.

    SEC. 2. The times and places of voting shall be designated by the tribal council.

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

    SEC. 4. Nomination of candidates for the tribal council under this constitution shall be by public caucus called by the chairman of the council not less than 5 days before election date. The list of qualified candidates shall be posted by the secretary of the tribal council in a public place immediately after the caucus.

    SEC. 5. All elections shall be held in accordance with the rules and regulations laid down by the tribal council.

    SECTION 1. If a member of the tribal council or other official shall die, resign, permanently leave the reservation, or shall be found guilty of a felony or misdemeanor involving dishonesty in any Indian, State, or Federal court, the council shall declare the position vacant and elect to fill the unexpired term.

    SEC. 2. The tribal council may by a two-thirds vote expel any member for neglect of duty or gross misconduct after due notice of charges and an opportunity to be heard.

    SECTION 1. Enumerated powers.-The tribal council of the Muckleshoot Indian Tribe 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:

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

(b) To employ legal counsel for the protection and advancement of the rights of the Muckleshoot Indian Tribe, the choice of counsel and fixing of fees to be subject to the approval of the tribe and of the Secretary of the Interior.

(c) To approve or veto any sale, 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 encumbered or sold, except for governmental purposes, or leased for a period exceeding 5 years, except that leases for mining purposes may be made for such longer periods as may be authorized by law.

(d) To advise the Secretary of the Interior with regard to all appropriation estimates or Federal projects for the benefit of the Muckleshoot Indian Tribe 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 tribe in conformity with article VIII of this constitution.

(f) To manage all economic affairs and enterprises of the tribe in accordance with the terms of a charter that may be issued to the said tribe by the Secretary of the Interior.

(g) To appropriate for public purposes of the reservation any available funds, provided that any such appropriation made prior to July l, 1940, shall be subject to review by the Secretary of the Interior.

(h) To levy taxes upon members of the tribe 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 non-members doing business within the reservation.

(i) To exclude from the territory of the Muckleshoot Indian Tribe 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 of members and the abandonment of membership, and to keep at all times a correct roll of the members of the tribe.

(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 tribe, 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 members of the Muckleshoot Indian Tribe by regulating the conduct of trade and the use and disposition of property within the reservation, provided that any ordinances directly affecting non-members of the tribe 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 all cooperative associations of members of the tribe by ordinances, provided that any such ordinances 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 Muckleshoot Indian Tribe, subject to review by the Secretary of the Interior.

(o) To regulate the domestic relations of members of the tribe.

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

(q) To adopt resolutions regulating the procedure of the council itself and of other tribal agencies and tribal officials of the reservation.

(r) To delegate to subordinate boards 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.

    If the superintendent shall approve any ordinance or resolution, it shall thereupon become effective, but the superintendent shall transmit a copy of the same, bearing his endorsement, to the Secretary of the Interior, who may, within 90 days from the date of enactment, rescind the said ordinance or resolution for any cause, by notifying the tribal council of such decision.

    If the superintendent shall refuse to approve any resolution or ordinance submitted to him, within 10 days after its enactment, he shall advise the tribal council of his reasons therefor. If these reasons appear to the tribal council insufficient, it may by a majority vote, refer the ordinance or resolution to the Secretary of the Interior who may, within 90 days from the date of its enactment, approve the same in writing, whereupon the said ordinance or resolution shall become effective.

    SEC. 3. Future powers.-The tribal council of the Muckleshoot Indian Tribe may exercise such further powers as may in the future be delegated to it by the Secretary of the Interior, or by any other duly authorized official or agency of government.

    SEC. 4. Reserved rights.-Any rights and powers heretofore vested in the Muckleshoot Indian Tribe but not expressly referred to in this constitution, shall not be abridged by this article, but may be exercised by the people of the Muckleshoot Indian Tribe through the adoption of appropriate bylaws and constitutional amendments.

    SECTION 1. Suffrage.-All members of the tribe over the age of 21 years shall have the right to vote in all tribal 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 attached bylaws.

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

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

    SEC. 4. Rights of accused.-Any member of the tribe who shall be 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 on his own behalf. Trial by jury may be demanded by any prisoner accused of any offense punishable by more than 30 days' imprisonment. Excessive bail shall not be required, and cruel punishment shall not be imposed.

    SECTION 1. Allotted lands.-Allotted lands, including heirship lands, within the Muckleshoot 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 Washington or 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 tribe. Likewise, it is recognized that under existing law the Secretary 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 the constitution, but the owner of restricted land may, with the approval of the Secretary of the Interior, voluntarily convey his land to the Muckleshoot 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 Muckleshoot Reservation, and all lands which may hereafter be acquired by the tribe or by the United States in trust for the 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 may be permitted by law.

    In the leasing of tribal lands, preference shall be given, first to Indian cooperative associations of members of the tribe, and second, to individual Indians who are members of the tribe.

    SEC. 4. Grant of standard assignments.-In any assignment tribal lands which now are owned by the tribe, or which hereafter may be acquired 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 have no allotted lands or interests in allotted lands.

    No allotted member of the Muckleshoot Indian Tribe, who may hereafter have the restrictions upon his land removed, and whose land may thereafter be alienated, shall be entitled to receive an assignment of land as a landless Indian.

    The tribal council, if it sees fit, may charge a fee of not to exceed $5 on approval of an assignment made under this section.

    Assignments made under this section shall be for the primary purpose establishing homes for landless Indians, and shall he known as "standard assignments."

    SEC. 5. Tenure of standard assignments.-If any member of the tribe who holds a standard assignment of land shall, for a period of 2 years, fail to use the land so assigned, or shall use such land for any unlawful purposes, his 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 by 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 transfer 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 tribal land.

    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 Indian cooperative associations, to individual members of the tribe, or, if no individual Indian or Indian cooperative association is able and willing to rent the land at a reasonable fee, such assignments may be leased to non-members in the same manner as allotted lands.

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

(a) Such lands may not be reassigned to any heirs or devisees who are not members of the tribe, 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 40 acres of uncleared land, or other land or interest in land of equal value either under allotment or under assignment.

(c) Such lands may not be subdivided among heirs or devisees into units too small for convenient management. No area of uncleared land shall be subdivided into units smaller than 20 acres, and no area of agricultural land shall be subdivided into units smaller than 2 1/2 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 tribal 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 tribe by common consent in such manner as the 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 tribal council for the benefit of the members of the entire tribe, and any cash income derived from such land shall accrue to the benefit of the tribe as whole. All action of the tribal 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 tribe.-Tribal funds may used, with the consent of the Secretary of the Interior, to acquire land, under the following conditions:

(a) Land within the Muckleshoot Reservation or adjacent to the boundaries thereof which is not now in Indian ownership may be purchased by or for the tribe.

(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.

(c) Land owned by any member of the tribe who is over the age of 60 years, or who is physically incapacitated, may be transferred by its owner to the tribe 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 tribe in excess of his needs for domestic purposes may be purchased by the tribe 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 tribe under such terms as may be agreed upon.

    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 the constitution and bylaws may be ratified and approved in the same manner as this constitution and bylaws.

    It shall be the duty of the Secretary of the Interior, upon presentation of a resolution approved by the tribal council or upon presentation of a petition signed by at least one-third of the legal voters of the tribe, to call an election upon the amendment so proposed. If at least 30 percent of those entitled to vote shall vote in such election, and if a majority of those voting shall approve the amendment submitted, it shall be referred to the Secretary of the Interior, and if approved, shall become, effective.
 

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

    SEC. 2. Vice chairman of the tribal council.-The vice chairman 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, duties, and responsibilities of the chairman.

    SEC. 3. Secretary of the tribal council.-The secretary of the tribal council shall conduct all tribal correspondence and shall keep an accurate record of all matters transacted at tribal 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 tribal council.

    SEC. 4. Treasurer of the tribal council.-The treasurer of the tribal council shall accept, receive, receipt for, preserve, and safeguard all funds in the custody of the tribal council, whether same be tribal funds or special funds for which the tribal council is acting as trustee or custodian. He shall deposit all such funds in such bank or elsewhere as directed by the tribal 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 tribal council at regular meetings and at such other times as requested by the tribal council.

    He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the tribal council, except when properly authorized so to do by resolution duly passed by it.

    The books and records of the treasurer shall be audited by a competent auditor employed by the tribal council at least once each year and at such times as the tribal council or the Commissioner of Indian Affairs may direct.

    The treasurer shall be required to give a bond satisfactory to the tribal council and to the Commissioner of Indian Affairs.

    The treasurer shall be present at all special or regular meetings of the tribal council.

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

    No person shall be a candidate for membership in the tribal council unless he shall be a member of the Muckleshoot Indian Tribe and shall have resided on the reservation for a period of 1 year next preceding the election, and shall be at least 21 years of age.

    It shall be the duty of the members of the tribal council to certify to the election of the duly elected members. This shall be done within 5 days after the election, and the certificate filed with the secretary.

    Newly elected members who have been duly certified shall be installed at the first regular meeting of the tribal council following the election upon subscribing to the following oath, which shall be administered by any authorized person and filed with the Secretary of the tribal council: "I, ------------------------, I do hereby solemnly swear (or affirm) that I shall preserve, support, and protect the Constitution of the United States, and the constitution and bylaws of the Muckleshoot Indian Tribe to the best of my ability, so help me God."

    The tribal council may prescribe such salaries of officers or members of the council as it deems advisable from such funds as may be available.

    SECTION 1. Meetings.-Regular meetings of the council shall be held on the first Tuesday of each quarter at a designated building or hall where official records shall be kept. Special meetings shall be called by a written notice signed by the chairman or by a majority of the tribal council and when so called the tribal council shall have the power to transact business as in regular meetings.

    SEC. 2. Annual general council.-The chairman of the tribal council shall call a general council annually on election day, at which time he shall report in detail to the general council what has been done during the past year and set forth the plans of the tribal council for the coming year. This shall be freely discussed by the Indians at this general council, and the wishes of the people may be expressed by resolution which shall govern the future action of the tribal council, to be carried into effect by appropriate ordinances.

    The chairman shall call special meetings of the general council upon the written request of seven voters.

    SEC. 3. Quorum.-No business shall be transacted unless a quorum is present. A quorum shall consist of five members of the tribal council. A quorum of the general council shall consist of 40 voters at the annual meeting, and 25 voters at a special meeting.

    SEC. 4. 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.

    All final decisions of the tribal council on matters of temporary interest (such as action on the reservation budget for a single year, or petitions to Congress or to the Secretary of the Interior) or regulating especially to particular individuals or officials (such as adoption of members, instructions for tribal employees, or rules of order for council) shall be embodied in resolutions. Such resolutions shall be recorded in a special book which shall be open to public inspection.

    All questions of procedure (such as acceptance of committee reports or invitations to outsiders to speak) shall be decided by motion duly passed, or by the ruling of the chairman if no objection is heard. In all ordinances, resolutions, or motions, the tribal 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, and parliamentary procedure shall otherwise be governed by Robert's Rules of Order.

    SEC. 6. Legislative forms.-Every ordinance shall begin with the words: "Be it enacted by the tribal council of the Muckleshoot Indian Tribe * * *."

    Every resolution shall begin with the words: "Be it resolved by the tribal council of the Muckleshoot Indian Tribe * * *."

    SECTION 1. The council shall have the power to select delegates to sit in a central general council of Northwest Indians.

    This constitution and bylaws shall be in full force and effect whenever a majority of the adult members of the Muckleshoot Tribe 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 adopted it and it has been approved by the Secretary of the Interior.

    Pursuant to an order, approved March 11, 1936, by the Secretary of the Interior, the attached constitution and bylaws was submitted for ratification to the members of the Muckleshoot Tribes of the Muckleshoot Reservation and was on April 4, 1936, duly ratified by a vote of 46 for, and 2 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).

                                                                                                                                                      SAMSON DANIELS,

                                                                                                                                                      MORRIS LOBEHAN,

                                                                                                                                                      OLIVE HUNGARY,

    O. C. UPCHURCH,
            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 Muckleshoot Tribe of the Muckleshoot 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 Muckleshoot Tribe.

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

    Approval recommended May 1, 1936.

            JOHN COLLIER,
                    Commissioner of Indian Affairs.

                                                                                                                                                         HAROLD L. ICKES,

    WASHINGTON, D. C., May 13, 1936.