CONSTITUTION AND BYLAWS FOR THE CONFEDERATED
    TRIBES OF THE GRAND RONDE COMMUNITY,
    OF OREGON

    We, the Indians of the Confederated Tribes of the Grand Ronde Reservation in the State of Oregon, in order to establish a more responsible organization and secure certain privileges and powers vested in us by existing law pursuant to the Indian Reorganization Act of June 18,1934, as amended June 15, 1935, do hereby ordain and establish this constitution and bylaws of the Confederated Tribes of the Grande Ronde Community.

    The object and purpose of the Confederated Tribes of the Grand Ronde Community shall be to establish justice, insure individual domestic and tribal tranquillity, and to promote the general welfare of the individual members of the Confederated Tribes and of the tribe as a whole; to represent the Confederated Tribes in all affairs and to do all other things which will gain, or serve to gain, for the people of the Confederated Tribes a larger culture and an assured economic independence.

    The jurisdiction of the Confederated Tribes of the Grand Ronde Community shall extend to the territory within the original confines of the Grand Ronde Reservation as defined in the treaties of January 22, 1855 (10 Stat. 1143), and December 21, 1855 (12 Stat. 982), and by Executive order of June 30, 1857 and 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 Confederated Tribes of the Grand Ronde Community shall consist as follows:

(a) All persons of Indian blood whose names appear on the official census rolls of the Confederated Tribes of the Grand Ronde Community as of April 1, 1935, provided that within 6 months after approval of this constitution and bylaws, such roll may be corrected by the Grand Ronde business committee of the Confederated Tribes, subject to the approval of the Secretary of the Interior.

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

(a) In the adoption of new members the applicant must be at least 16 years of age and a resident of the community for a period of l year prior to the date of application, and he shall file application with the secretary of the business committee at least 60 days before action is taken by the business committee and by the Confederated Tribes at any annual or special meeting.

(b) No property rights shall be acquired or lost through membership in this organization except as provided herein.

    SECTION 1. The governing body of the Confederated Tribes of Indians of the Grand Ronde Community shall consist of a committee of five members to be known as the Grand Ronde business committee. The term of office of each committeeman shall be 3 years, except as provided in section 1 (a) of article V.

    SEC. 2. The business committee 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.

    SECTION 1. The first election of the business committee hereunder shall be called, held, and supervised by the present business committee within 30 days after ratification and approval of this constitution.

(a) The two candidates receiving the highest number of votes shall hold office for 3 years. The two candidates receiving the next highest number of votes shall hold office for 2 years. The candidate receiving the next highest number of votes shall hold office for 1 year; and they shall hold office until their successors are duly elected and qualified. After the first election, elections for the business committee shall be called at least 30 days prior to the expiration of the terms of office of the business committee members.

    SEC. 3. The time and place of voting shall be designated by the business committee.

    SEC. 4. All elections shall be by secret ballot and they shall be held in accordance with rules and regulations laid down by the business committee or by the election board appointed by the business committee.

    SEC. 5. Any qualified voter may become a candidate for the business committee. He shall file notice of his candidacy with the secretary of the business committee at least 15 days prior to the eletion. The list of candidates shall be posted by the secretary the of business committee in at least three conspicuous places within the community not less than 10 days prior to the election.

    SEC. 6. The business committee, or a board appointed by the committee, shall certify to the election of the members of the committee within 5 days after election returns.

    SECTION 1. If a committeeman or officer shall die, resign, be removed or recalled from office, permanently leave the reservation, or shall be found guilty of a felony or misdemeanor involving dishonesty in any Indian, State, or Federal court, the committee shall declare the position vacant and elect to fill the unexpired term.

    SEC. 2. The business committee may, by four affirmative votes, expel any member for neglect of duty or gross misconduct. Before any vote for expulsion is taken on the matter, such member or official shall be given a written statement of the charges against him at least 5 days before the meeting before which he is to appear and an opportunity to answer any and all charges at such designated committee meeting. The decision of the business committee shall be final.

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

    SECTION 1. Enumerated powers.-The business committee of the Confederated Tribes of the Grand Ronde Community 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 as contained in this constitution and bylaws:

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

(b) To regulate the uses and disposition of tribal property, to protect and preserve the tribal property, wildlife and natural resources of the Confederated Tribes, to cultivate Indian arts, crafts, and culture, to administer charity, to protect the health, security, and general welfare of the Confederated Tribes.

(c) To employ legal counsel for the protection and advancement of the rights of the Confederated Tribes, the choice of counsel and fixing of fees to be subject to the approval of the Confederated Tribes and of the Secretary of. the Interior.

(d) 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.

(e) To advise the Secretary of the Interior with regard to all appropriation estimates or Federal projects for the benefit of the Confederated Tribes prior to the submission of such estimates to the Bureau of the Budget and to Congress.

(f) To make assignments of tribal land to members of the Grand Ronde Community in conformity with article IX of this constitution.

(g) To manage all economic affairs and enterprises of the Grand Ronde Community in accordance with the terms of a charter that may be issued to the Confederated Tribes by the Secretary of the Interior.

(h) To levy taxes upon members of the Confederated Tribes of the Grand Ronde Community and to require the performance of community labor in lien thereof, and to levy taxes or license fees, subject to review by the Secretary of the Interior, upon nonmembers doing business within the community.

(i) To appropriate for tribal use of the community any available applicable tribal funds, provided that any such appropriation may be subject to review by the Secretary of the Interior, and provided further that any appropriation shall also have the approval of the members of the community and shall be approved by them in a popular referendum.

(j) To exclude from the lands owned by the Confederated Tribes of the Grand Ronde Community or their members, persons not legally entitled to reside therein, under ordinances which shall be subject to review by the Secretary of the Interior.

(k) To enact resolutions or ordinances not inconsistent with article II of this constitution governing adoption and abandonment of membership, and to keep at all times a correct roll of the members of the Confederated Tribes of the Grand Ronde Community.

(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 Confederated Tribes of the Grand Ronde Community, 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.

(m) To safeguard and promote the peace, safety, morals, and general welfare of the Confederated Tribes of the Grand Ronde Community 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 Confederated Tribes shall be subject to review by the Secretary of the Interior.

(n) To charter subordinate organizations for economic purposes, and to regulate the activities of cooperative associations of members of the Confederated Tribes of the Grand Ronde Community by ordinance, provided that any such ordinance shall be subject to review by the Secretary of the Interior.

(o) To regulate the inheritance of real and personal property, other than allotted lands, within the territory of the Confederated Tribes of the Grand Ronde Community, subject to review by the Secretary of the Interior.

(p) To recommend and provide for the appointment of guardians of the Confederated Tribes, 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 Confederated Tribes or the business committee for this purpose.

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

(r) To delegate to subordinate committees or officers, or to cooperative associations which are open to all members of the tribes, any of the foregoing powers reserving the right to review any action taken by virtue of such delegated power.

    SEC. 3. Ile Confederated Tribes of the Grand Ronde Community may exercise such further powers as may in the future be delegated to the Confederated Tribes by the Secretary of the Interior, or by any other duly authorized official or agency of Government.

    SEC. 4. Any rights and powers heretofore vested in the Confederated Tribes of the Grand Ronde Community but not expressly referred to in this constitution, shall not be abridged by this article, but may be exercised by the people of the Confederated Tribes of the Grand Ronde Community through the adoption of appropriate bylaws and constitutional amendments.

    SECTION 1. All members of the Confederated Tribes over the age of 21 years have the right to vote in all tribal elections. The residence qualification established by article V of this constitution shall apply to all elections except elections for the amendment of this constitution and the attached bylaws.

    SEC. 2. All members of the Confederated Tribes shall be accorded equal opportunities to participate in the economic resources and activities of the community.

    SEC. 3. All members of the Confederated Tribes may enjoy without hindrance freedom of worship, conscience, speech, press, assembly, and association.

    SEC. 4. Any member of the Confederated Tribes 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, withing the Grand Ronde Community 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 Oregon or of the Federal Government, or by the tribes themselves. 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 Confederated Tribes. 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 this constitution, but the owner of restricted land may, with the approval of the Secretary of the Interior, voluntarily convey his land to the Confederated Tribes of the Grand Ronde Community 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 Grand Ronde Reservation, and all lands which may hereafter be acquired by the Confederated Tribes of the Grand Ronde Community, or by the United States in trust for the Confederated Tribes of the Grand Ronde Community, 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 Confederated Tribes, or leased, or otherwise used by the tribes, as hereinafter provided.

    SEC. 3. Leasing of Tribal lands.-Tribal lands may be leased by the business committee, 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, and secondly, to individual Indians who are members of the Confederated Tribes.

    SEC. 4. Grant of "standard" assignments.-In any assignment of tribal lands, which are now owned by the tribes or which hereafter may be acquired for the tribes by the United States or purchased by the tribes but tribal funds, preference shall be given to heads of families which have no allotted land or interests in allotted lands.

    No allotted member of the Confederated Tribes who may hereafter have the restrictions upon his land removed and whose land
may thereafter be alienated to anyone except to the tribes shall be entitled to receive an assignment of land as a landless Indian. The business committee 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 tribes holding 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 business committee 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 Confederated Tribes who would be eligible to receive a standard assignment.

    SEC. 6. Grant of exchange assignments. Any member of the tribes who owns an allotment or any share of heirship land may voluntarily transfer his interest in such land to the tribes 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.

    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, to individual members of the tribes, or, if no individual member or Indian cooperative association 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 interests shall be reassigned by the business committee 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 Confederated Tribes, except that a life assignment may 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 an economic unit of grazing land or other land or interest in lands of equal value, to be determined from time to time by the business committee.

(c) Such lands may not be subdivided among the heirs or devisees into units, too small for convenient management. No area of grazing land shall be subdivided into units smaller than 160 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 business committee may issue to the eligible heirs or devisees grazing permits or other interest 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.

    SEC. 10. Exchange of assignments.-Assignments may be exchanged between members of the Confederated Tribes by common consent in such manner as the business committee shall designate.

    SEC. 11. Use of unassigned tribal lands.-Tribal land which is not assigned, including tribal timber reserves, shall be managed by the business committee for the benefit of the members of the entire Confederated Tribes, and any cash income derived from such land shall accrue to the benefit of the tribes as a whole. All action of the business committee 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 the tribes.-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 jurisdiction of the tribes, or adjacent to the boundaries thereof, which is not now in Indian ownership, may be purchased by or for the Confederated Tribes.

(b) Restricted land, which is in heirship status at the time of the adoption, ratification, and approval of this constitution, may be purchased by or for the Confederated Tribes, 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 Confederated Tribes who is over the age of 60 years, or who is physically incapacitated, may be transferred by its owner to the tribes 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) Excess land owned by any member of the Confederated Tribes may be purchased by the tribes, 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 Confederated Tribes who desires to leave the community permanently, may be purchased by the tribes, under such terms as may be agreed upon.

    The business committee 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.

    Upon a petition of at least one-third of the eligible voters of the Confederated Tribes, or upon the request of a majority of the members of the business committee, any enacted or proposed ordinance or resolution of the committee shall be submitted to a popular referendum and the vote of the majority of the qualified voters voting in such referendum shall be conclusive and binding on the business committee, provided that at least 30 percent of the eligible voters shall vote in such election.

    Amendments to the constitution and bylaws may be ratified and approved in the same manner as this constitution and bylaws. Whenever the business committee shall by a vote of four or more members, call for the submission of an amendment, the Secretary of the Interior shall call an election upon the proposed amendment. If at such election, the amendment is adopted by a majority of the qualified voters of the tribes voting thereon; and if at least 30 percent of those entitled to vote shall vote in such election, such amendment shall be submitted to the Secretary of the Interior and if approved by him, shall thereupon take effect.

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

    Sec. 2. Vice chairman of the business committee.-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, and duties, as well as the responsibilites of the chairman.

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

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

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

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

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

    The treasurer shall be present at all special and regular meetings of the general council and the business committee.

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

    No person shall be a candidate for membership in the business committee unless he shall be a member of the Confederated Tribes and shall have resided within the community for a period of 1 year next preceding the election and be at least 24 years of age.

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

    Each member of the business committee and each officer or subordinate officer elected or appointed hereunder, shall take an oath of office prior to assuming the duties thereof by which oath he shall pledge himself to support and defend the Constitution of the United States and this constitution and bylaws. The following form of oath of office shall be given: "I, -------------------, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies; that I will carry out faithfully and impartially the duties to the best of my ability, and will cooperate, promote, and protect the best interests or my people in accordance with this constitution and bylaws."

    The business committee may prescribe such salaries of officers and members of the committee as it deems advisable from such funds and may be available, provided that no compensation shall be paid to any officers and members of the business committee except upon a resolution passed by the committee stating the amount of compensation and the nature of services rendered, and said resolution shall be of no effect until approved by a majority of the members of the Confederated Tribes of the Grand Ronde Community.

    SECTION 1. Meetings.-Regular meetings of the business committe shall be held, on the first Tuesday of each quarter, and at such other times as the business committee may by resolution provide, at Granct Ronde, Oreg., at a designated building or hall where official records may be kept. Special meetings may be called by a written notice signed by the chairman or by a majority of the business committee, and when so called, the business committee shall have power to transact business as in regular meetings.

    SEC. 2. General council.-The chairman of the business committee shall call a meeting of the general council of the tribes annually, this meeting to be held on the second Tuesday of December, at which time he shall report in detail to the tribes what has been done during the past year and set forth the plans of the business committee for the coming year. This shall be freely discussed by the Indians at this general meeting and the wishes of the people may be expressed by resolution which shall govern the future action of the business committee, to be carried into effect by appropriate ordinances. The chairman may call special meetings of the general council of the tribes when necessary and shall do so upon a petition of at least 25 legal voters.

    SEC. 3. Quorum.-No business shall be transacted unless a quorum is present. A quorum shall consist of four committeemen. A quorum of the general council shall consist of 25 percent of the eligible voters.

    SEC. 4.-The following order of business is established for all meetings:

Call to order by the chairman.

Roll call.

Ascertainment of a quorum.

Reading the minutes of the last meeting.

Adoption of the minutes by vote or common consent.

Unfinished business.

New business.

Adjournment.

    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 business committee 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 Grand Ronde Business Committee * * *."

    Every resolution shall begin with the words: "Be it resolved by the Grand Ronde Business Committee * * *."

    Every ordinance or resolution shall contain a citation of the laws of the United States and the provisions of the Grand Ronde Constitution under which authority for the said ordinance or resolution is found.

    The general council of the Confederated Tribes shall have the power to select delegates to sit in a central general council of Northwest Indians, and such delegates shall be authorized to represent and act in behalf of the Confederated Tribes of the Grand Ronde Community.

    This constitution and bylaws shall be in full force and effect whenever a majority of the adult voters of the Confederated Tribes of the Grand Ronde Reservation 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 ratified such constitution and bylaws, and the Secretary of the Interior shall have approved same, as provided in the act of June 18, 1934, as amended by the act of June 15, 1935.

    Pursuant to an order, approved March 13, 1936, by the Secretary of the Interior, the attached constitution and bylaws were submitted for ratification to the members of the Confederated Tribes of the Grand Ronde Reservation and were on April 4, 1936, duly accepted by a vote of 83 for, and 13 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).

        PAUL T. JACKSON,

                    Superintendent.

    By CHARLES E. LARSEN,

                    Senior Clerk.

    I, Harold L. Ickes, the Secretary of the Interior of the United tates 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 Confederated Tribes of Grand Ronde 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 Grand Ronde Confederated Tribes.

    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.

    WASHINGTON, D. C., May 13, 1936.