We, the members of the Northern Cheyenne Tribe of the Tongue River Reservation in Montana, in order to establish a more unified tribe organization and to insure and promote the best interests of our society, industry, prosperity, and the general welfare of ourselves and our posterity do hereby establish this Constitution and Bylaws.

    The jurisdiction of the Northern Cheyenne Tribe under this Constitution and Bylaws shall extend to the territory within the confines of the Tongue River Reservation boundaries as established by Executive Order dated November 26, 1884, under the administration of Chester A. Arthur and extended March 19, 1900, under the administration of William McKinley and to such other lands as may be hereafter added thereto by any law of the United States, except as otherwise provided by law.

    SECTION 1. The membership of the Northern Cheyenne Tribe shall consist as follows:

(a) All persons of Indian blood whose names appear on the official census roll of the Northern Cheyenne Tribe as of January 1, 1935, provided that within one (1) year from the adoption and approval of this Constitution and Bylaws corrections may be made in said roll by the Tribal Council, subject to approval of the Secretary of the Interior.

(b) All children born to any member of the Northern Cheyenne Tribe who is a resident of the Tongue River Reservation at the time of the birth of said children.

(c) All children born to any member of the Northern Cheyenne Tribe who is a nonresident of the Tongue River Reservation at the time of the birth of said children, provided said children are not less than one-half (1/2) degree of Indian blood and shall have resided upon the reservation for a continuous period of at least three (3) years or shall have been adopted by a majority vote of the Tribal Council.

    SECTION 3. The Tribal Council shall have power to promulgate ordinances, subject to review by the Secretary of the Interior, covering future membership including adoptions and the loss of membership.

    SECTION 1. The governing body of the Northern Cheyenne Tribe under this Constitution and Bylaws shall be a council which shall hereafter be known as "The Tribal Council of the Northern Cheyenne."

    SECTION 2. The Tribal Council shall consist of members elected from each of the following districts: Ashland, Birney, Busby, Muddy, and Lame Deer in the proportion of one member for each one-hundred (100) population and an additional member for each major fraction thereof. The present Tribal Council shall designate the boundaries of each district named herein prior to the election of the first Tribal Council and the Tribal Council thereafter shall have power to change the boundaries of the districts.

    SECTION 3. The officers of the Tribal Council shall be a President who shall be nominated and elected by popular vote as hereinafter provided; a Vice President and a Sergeant at Arms elected by the Tribal Council from within its own number; and a Secretary and a Treasurer appointed by the Tribal Council from outside its number. The Secretary and the Treasurer shall have no vote. Other officers and committees shall be appointed as provided for in the duties of the President.

    SECTION 4. The first election of the members of the Tribal Council and the President shall be called and supervised by the present Tribal Council within thirty (30) days after the approval of this Constitution and Bylaws.

    SECTION 5. The President and the members of the Tribal Council elected at the first election shall serve until the seating of a President and members of the Tribal Council in September 1936. Thereafter the President shall serve for four (4) years and the members of the Tribal Council shall serve for two (2) years.

    SECTION 6. After the first election all elections for members of the Tribal Council and for the President shall be held on the first Tuesday in the month of September.

    SECTION 1. Enumerated Powers.-The Tribal Council of the Northern Cheyenne 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 the attached 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 Interior Department on all activities of the Department that may affect the Tongue River Reservation.

(b) To employ legal counsel for the protection and advancement of the rights of the Northern Cheyenne Tribe 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 approve or veto any sale, disposition, or encumbrance of tribal lands, interests in lands, or other tribal assets including of minerals, gas, and oil, which may be authorized or executed by the Secretary of the Interior, the Commissioner of Indian Affairs, or any other authorized official or agency of government, provided that no tribal lands shall ever be leased for a period exceeding five (5) years, sold, of encumbered 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 Northern Cheyenne Tribe prior to the submission of such estimates to the Bureau of the Budget and to Congress.

(e) To make assignments and leases of tribal land in conformity with Article IX of this Constitution.

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

(g) To appropriate for public purposes of the Tribe any available funds within the exclusive control of the Tribal Council and, subject to review by the Secretary of the Interior, to appropriate any other available tribal funds.

(h) To levy taxes or assessments upon members of the Northern Cheyenne 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 nonmembers doing business within the reservation.

(i) To exclude from the restricted lands of the Tongue River Reservation persons not legally entitled to reside therein, under ordinances which shall be subject to review by the Secretary of the Interior.

(j) To promulgate and enforce ordinances, which shall be subject to review by the Secretary of the Interior, governing the conduct of members of the Northern Cheyenne Tribe and any other person or persons coming within the jurisdiction of the 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.

(k) To purchase, under condemnation proceedings in courts of competent jurisdiction, land or other property needed for public purposes, subject to the approval of the Secretary of the Interior.

(l) To protect and preserve the property, wildlife, and natural resources of the Tribe and to regulate the conduct of trade and the use and disposition of property upon the reservation, provided that any ordinance directly affecting nonmembers of the Tribe shall be subject to review by the Secretary of the Interior.

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

(n) To administer charity and to protect the health and general welfare of the Tribe.

(o) To charter subordinate organizations of members of the Tribe for economic purposes.

(p) To regulate the inheritance of property, real and personal, other than allotted lands, within the territory of the Tongue River Reservation, subject to review by the Secretary of the Interior, and to consult with the Examiner of Inheritance in all heirship findings before they are submitted to the Secretary of the Interior for determination.

(q) To regulate the domestic relations of members of the Tribe and of nonmembers married into the Tribe.

(r) 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.

(s) To adopt resolutions regulating the procedure of the Council, other tribal agencies, and tribal officials of the reservation.

(t) To delegate to subordinate boards or officers 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 powers.

    SECTION 3. Reserved Powers.-Any rights and powers heretofore vested in the Northern Cheyenne 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 Northern Cheyenne Tribe through the adoption of appropriate bylaws and constitutional amendments.

    SECTION 4. Manner of Review.-Any resolution or ordinance which under subsections (g), (h), (i), (j), (k), (l), (p), and (r) of Section 1, Article IV, of this Constitution is subject to review by the Secretary of the Interior, shall be presented to the Superintendent of the Reservation, who shall, within ten (10) days thereafter, approve or disapprove same.

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

    SECTION 1. All members of the Tribe shall be accorded equal opportunities to participate in the economic resources and activities of the Tribe.

    SECTION 2. All members of the Tribe may enjoy, without hindrance, freedom of worship, conscience, speech press, assembly, and association as guaranteed by the Constitution of United States.

    SECTION 1. All members of the Tribe who have attained the age of twenty-one (21) years shall have the right to vote at all reservation elections.

    SECTION 2. All elections (except special elections which may be called by the Tribal Council) shall be held on the first Tuesday in the month of September. The places of voting shall be designated by the Tribal Council.

    SECTION 3. (a) The President shall be nominated in the following manner: Each district shall appoint the same number of electors as they have members on the Tribal Council and these electors shall nominate one or more candidates for the office of President.

    (b) The members of the Tribal Council shall be nominated by the districts in the following manner: Each district shall nominate its candidates for membership in the Tribal Council in such manner as the Tribal Council shall designate.

    (c) The list of qualified candidates for President nominated by the electors and the list of qualified candidates for Tribal Council members nominated by the districts shall be submitted to the Secretary of the Tribal Council who shall post the lists of these qualified candidates in the several districts at least three (3) weeks before the date of election.

    (d) All nominations and elections shall be held in accordance with ordinances adopted by the Tribal Council.

    SECTION 1. The President, members, and other officers of the Tribal Council shall be removed from office on impeachment for conviction of bribery, felony, or a misdemeanor involving dishonesty. No person is to be impeached except by a two-thirds (2/3) affirmative vote of the members of the Council present after the accused has had due notice of the charges against him and an opportunity to be heard in his own defense.

    SECTION 2. Any complaint against the President, a member, or officer of the Tribal Council must be in writing and sworn to by the complainant.

    SECTION 3. Vacancies.-(a) If the office of President is declared vacant it shall be filled temporarily by the Vice President and the Tribal Council shall within sixty (60) days after the vacancy occurs call for nomination and election of a President to fill the vacancy in the manner as provided in Article VI.

    (b) If the office of a member of the Tribal Council becomes vacant the Tribal Council shall, at its first meeting thereafter, call an election within the district in which the vacancy occurs. Such election shall be held within thirty (30) days after the said Council meeting.

    SECTION 1. Upon a petition, signed by at least ten (10) percent of the registered voters from each district, a referendum may be demanded on any tribal adoption of a person or the elimination of a person from the tribal roll, or on any proposed or enacted ordinance or resolution of the Tribal Council and the vote of the majority of the qualified voters voting in such referendum shall be conclusive and binding upon the Tribal Council, provided at least (30) percent of the eligible voters vote in such election.

    SECTION 1. Allotted Lands.-Allotted lands, including heirship lands, within the Tongue River Reservation shall continue to be held as heretofore by their present owners. It is 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 Northern Cheyenne Tribe. 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 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 Northern Cheyenne Tribe either in exchange for a money payment or in exchange for an assignment covering the same land or other land, as hereinafter provided.

    SECTION 2. Tribal Lands.-The unallotted lands of the Tongue River Reservation and all lands which may hereafter be acquired by the Northern Cheyenne Tribe or by the United States in trust for the Northern Cheyenne Tribe, shall be held as tribal lands and no part of such land shall be mortgaged, sold, or ceded. Tribal lands shall not be allotted to individual Indians but may be assigned to members of the Northern Cheyenne Tribe, or leased, or otherwise used by the Tribe, as hereinafter provided.

    SECTION 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 leasing of the tribal lands, preference shall be given, first, to Indian cooperative associations and, secondly, to individual Indians who are members of the Northern Cheyenne Tribe. No lease of tribal land to a nonmember shall be made by the Tribal council unless it shall appear that no Indian cooperative association 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, with the approval of the Secretary of the Interior, in the same manner and upon the same terms as leases.

    SECTION 4. Grant of "Standard" Assignments.-In any assignment of tribal lands which are now owned by the Tribe or which may be hereafter purchased for the Tribe by the United States, or purchased by the Tribe out of tribal funds, preference shall be given, first, to members of the Tribe who have been born since June 3, 1926 (Allotment Act), and who have reached legal age and desire to establish a home but have no allotted lands or interest in land; 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 shall 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 thereafter be alienated shall be entitled to receive an assignment of land as a landless Indian.

    The Tribal Council may, if it sees fit, charge a reasonable fee based upon the value of the land at the time of 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.

    SECTION 5. Tenure of "Standard" Assignments.-If any member of the Tribe holding a standard assignment of land shall, for a period of two (2) years, fail to use the land so assigned or shall use such land for any unlawful purpose 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 written request, shall have a preference in the reassignment of the land, provided such persons are members of the Northern Cheyenne Tribe who would be eligible to receive a "standard" assignment.

    SECTION 6. Grant of "Exchange" Assignments.-Assignments under this section shall be known as "exchange" assignments. Any member of the tribe who owns an allotment or any share of heirship land or patent-in-fee 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 grazing unit.

    SECTION 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-Indians, in the same manner as allotted lands.

    SECTION 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 heir or devisee who is not a member of the Northern Cheyenne Tribe, except that a life assignment may be made to the surviving widower, widow, or child of the holder of such assignment.

(b) Such lands may not be reassigned to any heir or devisee who already holds more than three hundred and twenty (320) acres of grazing land, or other land or interests in land of equal value, either under allotment or under assignment.

(c) Such land 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 one hundred and sixty (160) acres, and no area of irrigated land shall be subdivided into units smaller than ten (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 Tribal Council shall issue to such heirs or devisees grazing permits or other interests in tribal lands 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.

    SECTION 10. Exchange of Assignments.-Assignments may be exchanged between members of the Northern Cheyenne Tribe by common consent in such manner as the Tribal Council shall designate.

    SECTION 11. Use of Unassigned Tribal Land.-Tribal land which is not leased or assigned, including tribal timber reserves, shall be managed by the Tribal Council subject to the approval of the Secretary of the Interior, 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 a whole.

    SECTION 12. 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 the Tongue River Reservation or adjacent to the boundaries thereof excepting allotments not in heirship status may be purchased by or for the Northern Cheyenne Tribe.

(b) 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.

    This Constitution and Bylaws may be amended by a majority vote of the qualified voters of the Tribe, voting at an election called for that purpose by the Secretary of the Interior, provided that at least thirty (30) percent of those entitled to vote shall vote in such election, but no amendment shall become effective until it shall have been approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment at the request of two-thirds (2/3) of the Tribal Council, or upon presentation of a petition signed by one-third (1/3) of the qualified voters of the Tribe.

    SECTION 1. The President may, if he desires, preside over all meetings of the Tribal Council. He shall, with the advice and consent of the Tribal Council, appoint delegates, representatives, committees, or other officers as are deemed proper from time to time. He shall have power to fill all vacancies, not otherwise provided for in this Constitution and Bylaws, that may occur when the Tribal Council is not in session and then he shall submit the names of such appointees at the following session. It shall be his duty to convene the Tribal Council for extra sessions. It shall be his duty to see that all enactments, orders, and resolutions are properly executed. He shall have the further right of conferring with any Federal or State official on any matters that affect the welfare of the Tribe. And he shall also have the further right to confer with the several district councils.

    SECTION 2. The Vice President shall act as presiding officer of the Tribal Council whenever the President does not so preside. Whenever the President does not preside he may delegate any or all of his powers to the Vice President. In the event that the office of the President becomes vacant, the Vice President shall become temporary President and shall perform the duties and execute the powers of President until the office of President is filled.

    SECTION 3. The Tribal Council Secretary shall keep a full report of all proceedings of each regular and special meeting of the Tribal Council and shall perform such other duties of like nature as the Council shall from time to time by resolution provide, and shall transmit copies of the minutes of each meeting to the President of the Council, to the Superintendent of the Reservation, to the Commissioner of Indian Affairs, and to all recognized District Councils of the reservation.

    SECTION 4. The Tribal Council Treasurer shall be the custodian of all moneys which come under the jurisdiction or control of the Tribal Council of the Northern Cheyenne. He shall pay out money in accordance with the orders and resolutions of the council. He shall keep accounts of all receipts and disbursements and shall make written reports of same to the Tribal Council at each regular and special meeting. He shall be bonded in such an amount as the Council by resolution shall provide, such bond to be approved by the Commissioner of Indian Affairs. The books of the Tribal Council Treasurer shall be subject to inspection or audit by the direction of the Council or the Commissioner of Indian Affairs.

    SECTION 5. The Sergeant at Arms shall be present at all regular and extra sessions and shall keep order in such meetings and shall perform such other duties as the Tribal Council may by resolution provide.

    SECTION 1. In order for a person to be eligible for the office of President of the Tribal Council he must be at least thirty (30) years of age and a member, by blood, of the Northern Cheyenne Tribe.

    SECTION 2. Any person elected as a member of the Tribal Council must be at least twenty-one (21) years of age and a member of the Northern Cheyenne Tribe.

    SECTION 1. The Tribal Council shall appoint an election board which shall certify to the election of all members elected and this shall be done within five (5) days after the election.

    SECTION 2. (Oath) I, -----------------------, do solemnly swear that I will support and defend the Constitution of the United States against all enemies; carry out faithfully and impartially the duties of my office to the best of my ability; promote and protect the best interests of my Tribe, the Northern Cheyenne, in accordance with this Constitution and Bylaws.

    This oath of office shall be administered by a Notary Public or Judge.

    SECTION 1. The salaries of the members or other officers of the Tribal Council of the Northern Cheyenne Tribe may be paid out of available funds within the exclusive control of the Tribal Council or out of any other available tribal funds with the approval of the Secretary of the Interior in accordance with ordinances duly enacted, provided that no Tribal Council shall enact any ordinance increasing the salaries of councilmen during the existing term of office.

    SECTION 1. The Tribal Council shall assemble on the first Monday after the 15th of each month.

    SECTION 2. A majority of two-thirds (2/3) of the members of the Tribal Council must be present in order to constitute a quorum to do business.

    SECTION 3. Extra sessions may be called by the President or by five (5) members of the Tribal Council in writing to the President and when so called two-thirds (2/3) of the members of the Tribal Council must be present to constitute a quorum, and the Tribal Council shall have power to transact business as in regular meetings.

    SECTION 4. The presiding officer in meetings of the Tribal Council shall vote only in the case of a tie.

    SECTION 5. Every order, resolution, or vote to which the concurrence of the Tribal Council may be necessary (except on the question of adjournment) shall be presented to the President of the Tribal Council, and before the same shall take effect it shall be approved by him or being disapproved by him may become effective by being repassed by two-thirds (2/3) vote of the Tribal Council.

    SECTION 1. This Constitution and the attached Bylaws when approved by a majority of the adult voters of the Northern Cheyenne Tribe voting in a special election called by the Secretary of the Interior in which at least 30 percent of the eligible voters vote, shall be submitted to the Secretary of the Interior for approval and shall be effective from the date of such approval.

    Pursuant to an order, approved October 11, 1935, by the Secretary of the Interior, the attached Constitution and Bylaws were submitted for ratification to the members of the Northern Cheyenne Tribe of the Tongue River Reservation and were on November 2, 1935, duly passed by a vote of 394 for, and 53 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 (Public No. 147, 74th Cong.).

                                                                                                                                             EUGENE FISHER, Sr.,

    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 Northern Cheyenne Tribe.

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

    Approval recommended November 15, 1935:

            JOHN COLLIER,
                   Commissioner of Indian Affairs.

    [SEAL]                                                                                                                                        HAROLD L. ICKES,