We, the Indians of the Puyallup Tribe of the Puyallup Reservation of the State of Washington, in order to establish a legal tribal organization and secure certain privileges and powers offered to us by the Indian Reorganization Act of June 18, 1934, do hereby form an authorized tribal council, and ordain and establish this constitution and bylaws as a guide to its deliberations.

    The territory of the Puyallup Tribe shall extend to the restricted land within the original confines of the Puyallup Reservation boundaries, and to such other lands as may hereafter be added thereto under any law of the United States, except as otherwise provided by law.

    SECTION 1. The membership of the Puyallup Tribe shall consist of:

(a) All persons of Indian blood whose names appear on the roll of the Puyallup Tribe approved in 1929.

(b) All children born to any member of the Puyallup Tribe who is a resident of the reservation or of the territory within a 20-mile radius of the Tacoma Hospital Reserve at the time of the birth of said children.

    SECTION 1. The governing body of the Puyallup Tribe shall be the Puyallup tribal council.

    SEC. 2. This council shall consist of five members, duly elected to serve 3 years, two members being elected each year except that every third year one shall be elected.

    SEC. 3. The 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, and (4) a treasurer; and may appoint or employ such other officers or committees, as may be deemed necessary.

    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 ratification and approval of this constitution.

    The two candidates receiving the highest number of votes shall hold office for 3 years; the two next highest, 2 years; and the next highest, 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 at least 60 days prior to expiration of terms of office of the members of the tribal council.

    SECTION 1. All members of the Puyallup Tribe, 21 years of age or over who have maintained legal residence within the reservation or within a 20-mile radius of the Tacoma Hospital Reserve for a period of 1 year immediately prior to any election,. shall have the right to vote.

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

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

    SEC. 4. Any qualified voter may become a candidate for membership in the tribal council. He shall file notice of his candidacy with the secretary of the tribal council at least 15 days prior to election. The list of the candidates shall be posted by the secretary of the tribal council in at least three public places within the reservation for not less than 10 days prior to the election.

    SEC. 5. All elections shall be held according to the rules and regulations laid down by the council.

    SECTION 1. If a councilman or officer 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 appoint 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 and an opportunity to be heard.

    SEC. 3. Upon a petition of at least one-third of the eligible voters of the Puyallup Tribe, it shall be the duty of the tribal council to call a special election to consider the recall of the member or members of the council named in such petition. In the event that a majority of those voting in such election favor such recall from office, the office shall be declared vacant and the tribal council shall proceed in the usual manner to hold an election to fill the said office.

    SECTION 1. Enumerated powers.-The Puyallup tribal council 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 Puyallup Tribe.

    (b) To employ legal counsel for the protection and advancement of the rights of the Puyallup Tribe or its members, 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 sold, encumbered, or leased for a period exceeding 5 years, except for governmental purposes.

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

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

    (g) To appropriate for public purposes of the tribe any available tribal funds: Provided, That any such appropriations made prior to July 1, 1940, shall be subject to review by the Secretary of the Interior.

    (h) To levy taxes upon members of the Puyallup Tribe and to require the performance of community labor in lieu thereof, and to levy taxes or license fees upon nonmembers doing business within the reservation subject to review by the Secretary of the Interior.

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

    (j) To enact resolutions or ordinances not inconsistent with article II of this constitution governing the adoption and abandonment of membership, and to keep at all times a correct roll of the members of the Puyallup 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 Puyallup 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 Puyallup Reservation by regulating 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 charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the Puyallup Tribe by ordinance: Provided, That any such ordinance shall be subject to review by the Secretary of the Interior.

    (n) To regulate the inheritance of property, real and personal, within the territory of the Puyallup 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 committees 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 Puyallup Reservation may exercise such further powers as may in the future be delegated to the council by the Secretary of the Interior, or by any other duly authorized official or agency of government.

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

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

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

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

    SEC. 4. Rights of accused.-Any members of the Puyallup Tribe 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. Upon a petition of at least one-third of the eligible voters of the Puyallup Tribe, or upon the request of a majority of the members of the tribal council any enacted or proposed ordinance or resolution of the tribal council shall be submitted to popular referendum and the vote of a majority of the qualified voters in such referendum shall be conclusive and binding on the council, provided that at least 30 percent of the eligible voters shall vote in such elections.

    SECTION 1. Allotted lands.-Allotted lands, including heirship lands, within the Puyallup 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 Puyallup 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 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 Puyallup 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 Puyallup Reservation, and all lands which may hereafter be acquired by the Puyallup Tribe or by the United States in trust for the Puyallup Indians, shall be held as tribal lands, and no part of such land shall be mortgaged or sold. Tribal lands shall not be allotted to individuals but may be assigned to members of the Puyallup 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, second, to individual Indians who are members of the Puyallup Tribe.

    SEC. 4. Grant of standard assignments.-In any assignment of 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 Puyallup Tribe who may hereafter have the restrictions upon his land removed and whose land may thereafter be alienated, except to the tribe, shall be entitled to receive an assignment of land as landless Indian.

    The tribal council may, if it sees fit, 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 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 2 years, fail to use the land so assigned or 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 member 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 Puyallup 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 cooperative associations of members of the tribe, to individual members of the tribe, or, if no individual member or cooperative association of members is able and willing to rent the land at a reasonable fee, such assignments may be leased to nonmembers in the same manner as allotted lands.

    SEC. 8. Inheritance of exchange assignments.-Upon the death of the holder of any exchange 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 Puyallup 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 Puyallup Tribe by common consent in such manner as the tribal 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 a whole. All action of the tribal council with respect to such lands shall be in conformity with departmental regulations for 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 be used, with the consent of the Secretary of the Interior, to acquire land; under the following conditions:

    (a) Land within the Puyallup Reservation, or adjacent to the boundaries thereof, which is not now in Indian ownership may be purchased by or for the Puyallup 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 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) Any property rights 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 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 council.-The chairman of the council shall preside over all meetings of the council, shall perform all duties of a chairman, and exercise any authority delegated to him by the council. He shall vote only in the case of a tie.

    SEC. 2. Vice Chairman of the Council.-The vice chairman of the council shall assist the chairman when called upon to do so, 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 council.-The secretary of the council shall conduct all tribal correspondence and shall keep an accurate record of all matters transacted at council meetings. It shall be his duty to submit promptly to the superintendent of the jurisdiction, and Commissioner of Indian Affairs, copies of all minutes of regular and special meetings of the tribal council.

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

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

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

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

    SEC. 5. Appointive officers.-The duties of all appointive committees or officers of the Puyallup Tribe shall be clearly defined by resolution of the council at the time of their creation or appointment. Such committees and officers shall report, from time to time as required, to the council, and their activities and decisions shall be subject to review by the 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 Puyallup Tribe and shall have resided within the reservation or within a 20-mile radius of the Tacoma Hospital Reserve for a period of at least 1 year next preceding the election, and 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 council 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 council :

    "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 Puyallup Tribe to the best of my ability, so help me God."

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

    SECTION 1. Meetings.-Regular meetings of the tribal council shall be held on the first Tuesday of each quarter, and at such other times as the council by resolution may provide, at Tacoma, Wash., at a designated building or hall where official records will be kept. Special meetings may 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 power to transact business as in regular meetings.

    SEC. 2. Quorum.-No business shall be transacted unless a quorum is present. A quorum shall consist of a majority of the members of the council.

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

Call to order by the chairman.

Roll call.

Ascertainment of a quorum.

Reading of the minutes of the last meeting.

Adoption of the minutes by vote or common consent.

Unfinished business.

New business.

Adjournment.

    All final decisions of the 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 relating especially to particular individuals or officials (such as adoptions of members, instructions for tribal employees or rules of order for the council) shall be embodied in resolutions. Such resolutions shall be recorded in a special book which shall be open 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 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. 5. Legislative forms.-Every ordinance shall begin with the words: "Be it enacted by the tribal council of the Puyallup Tribe, * * *."

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

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

    This constitution and bylaws attached hereto shall be in full force and effect when a majority of the adult members of the Puyallup Tribe voting at an election called by the Secretary of the Interior in which at least 30 percent of those entitled to vote shall vote, shall have ratified such constitution and bylaws, and such constitution and bylaws shall have been thereafter finally 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 were submitted for ratification to the adult members of the Puyallup Tribe of the Puyallup Reservation and were on April 11, 1936, duly ratified by a vote of 55 for and 15 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 13, 1935 (49 Stat. 378).

                                                                                                                                                          GEORGE YOUNG,

                                                                                                                                                          SILAS CROSS,

                                                                                                                                                          SILAS J. MEEKER,
                                                                                                                                                                               Secretary.

    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 Puyallup Tribe of the Puyallup 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 Puyallup Tribe of the Puyallup Reservation.

    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.