We, the Indians of the Swinomish Reservation, in order to establish a more perfect tribal organization, promote the general welfare, encourage educational progress, conserve and develop our lands and resources, and secure to ourselves and our posterity the power to exercise certain rights of home rule, in accordance with and by the authority of the act of Congress of June 18, 1934, do ordain and establish this constitution for the Swinomish Indians.

    SECTION 1. The name of this organized body shall be the Swinomish Indian Tribal Community, hereinafter called the community.

    SEC. 2. The jurisdiction of the Swinomish Indians shall include all the territory within the original confines of the Swinomish Reservation boundaries, as set forth by Executive order of September 9, 1873, in pursuance of article III of the Treaty of Point Elliott, January 22, 1855 (12 Stat. 928), 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 Community shall consist of:

    (a) All persons of Indian blood lawfully enrolled upon the Swinomish Indian Reservation and residing there June 1, 1935: Provided, That this section shall not affect the property rights under existing laws of the Indians of the Swinomish Reservation.

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

    SEC. 2. The governing body shall have the power to promulgate ordinances, subject to review by the Secretary of the Interior, covering future membership and the adoption of new members, making any necessary adjustments of property rights.

    SECTION 1. The governing body of the community shall consist of a council, known as the Swinomish Indian senate.

    SEC. 2. This senate shall consist of eleven (11) members duly elected to serve five (5) years, two being elected each year except in years ending in "0" or "5", when three shall be elected.

    SEC. 3. The senate so organized shall elect from 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 senate, for example: Health, welfare, education, fisheries, agriculture, land management, horticulture, oyster culture, construction, employees, law and order, finance, etc., etc.

    SEC. 4. The first election of the senate hereunder shall be called and supervised by the present tribal council at least thirty (30) days after the ratification and approval of this constitution. The three (3) candidates receiving the highest number of votes shall hold office for five (5) years, and the two next highest four (4) years, and the two next highest three (3) years; the two next highest, two (2) years; the two next highest, one (1) year; and they shall hold office until their successors are duly elected and qualified. After the first election, elections for the senate shall be called within sixty (60) days prior to the expiration of the terms of office of its members.

    SECTION 1. All members of the community who are twenty-one (21) years of age or over and who have maintained legal residence on the reservation for a period of one (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 senate.

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

    SEC. 4. Nomination of candidates for the senate under this constitution shall be by petition signed by not less than five (5) legal voters. A voter may sign only one petition for each office to be filled. Petitions for nomination shall be filed with the secretary of the senate at least thirty (30) days prior to the election for which the candidate makes such petition. The list of qualified candidates shall be posted by the secretary of the senate in a public place not less than two (2) weeks prior to the election.

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

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

    SEC. 2. The senate may by a two-thirds affirmative vote expel any member for neglect of duty or gross misconduct. Before any vote on expulsion is taken on the matter, such member shall be given an opportunity to answer any and all charges at a designated senate meeting; and the decision of the senate shall be final.

    SECTION 1. Enumerated powers.-The senate of the Swinomish Indian Reservation 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 by-laws:

(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 Swinomish Reservation.

(b) To employ legal counsel for the protection and advancement of the rights of the Swinomish Indians, 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 five (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 Swinomish Reservation prior to the submission of such estimates to the Bureau of the Budget and to Congress.

(e) To make assignments of reservation land to members of the Swinomish Reservation in conformity with article VIII of this constitution.

(f) To manage all economic affairs and enterprises of the Swinomish Reservation in accordance with the terms of a charter to be issued to the Swinomish Indians by the Secretary of the Interior.

(g) To appropriate for salaries of tribal officials or for public purposes of the reservation any available tribal funds, provided that any such appropriation 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 community 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 restricted lands of the Swinomish 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 Swinomish Community.

(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 Swinomish 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.

(l) To safeguard and promote the peace, safety morals, and general welfare of the Swinomish Reservation by regulating the conduct of trade and the use and disposition of property within the reservation, provided that any ordinance directly affecting non-members of the reservation 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 Swinomish Community.

(n) To regulate the inheritance of property, real and personal, other than allotted lands within the territory of the Swinomish Reservation, subject to review by the Secretary of the Interior.

(o) To regulate the domestic relations of members of the community subject to review by the Secretary of the Interior.

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

(r) To adopt resolutions regulating the procedure of the senate itself, and of other tribal agencies and tribal officials of the reservation.

(s) To delegate to subordinate boards or to cooperative associations, which are open to all members of the community, 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 ninety (90) days from the date of enactment rescind the said ordinance or resolution for any cause, by notifying the senate of such decision.

    If the Superintendent shall refuse to approve any resolution or ordinance submitted to him, within ten days after its enactment, he shall advise the Senate of his reasons therefor. If these reasons appear to the senate 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.

    SEC. 3. Future powers.-The Senate of the Swinomish Reservation 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 powers.-Any rights and powers heretofore vested in the tribes or bands of the Swinomish 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 Swinomish Reservation through the adoption of appropriate by-laws and constitutional amendments.

    SECTION 1. Suffrage.-All members of the community over the age of twenty-one (21) years shall have the right to vote in all tribal community 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 the attached by- laws.

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

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

    SEC. 4. Rights of accused.-Any members of the community 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 in his own behalf. Trial by jury may be demanded by any prisoner accused of any offense punishable by more than thirty 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 Swinomish 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 tribal community 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 community. 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 community either in exchange for a money payment or in exchange for an assignment covering the same land or other land, as hereafter provided.

    SEC. 2. Tribal lands.- The unallotted lands of the Swinomish Reservation, and all lands which may hereafter be acquired by the community or by the United States in trust for the 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 community, or leased, or otherwise used by the community, as hereinafter provided.

    SEC. 3. Leasing of community lands.-Community lands may be leased by the senate, with the approval of the Secretary of the Interior, for such periods of time as are permitted by law. In the leasing of community lands, preference shall be given, first, to Indian cooperative associations, and, secondly, to individual Indians who are members of the community.

    SEC. 4. Grant of "Standard" assignments.-In any assignment of tribal lands which are now owned by the community, or which hereafter may be acquired for the community by the United States or purchased by the community out of community 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 Swinomish Tribal Community 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 senate, 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 of establishing homes for landless Indians, and shall be known as "standard" assignments.

    SEC. 5. Tenure of standard assignments.-If any member of the community who holds a standard assignment of land shall, for a period of two (2) years, fail to use the land so assigned or use such land for any unlawful purposes, his assignment may be canceled by the senate 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 community who would be eligible to receive a "standard" assignment.

    SEC. 6. Grant of "exchange" assignments.-Any member of the community who owns any restricted or unrestricted land or any interest therein may with the approval of the Secretary of the Interior voluntarily transfer his interest in such land to the community 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 Indian cooperative associations to individual members of the community, 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.

    SEC. 8. Inheritance of exchange assignments.-Upon the death of the holder of any exchange assignment, such land shall be reassigned by the senate 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 community, 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 two and one-half (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 senate 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 community by common consent in such manner as the senate shall designate.

    SEC. 11. Use of unassigned community land.-Community land which is not assigned, including community timber reserves, shall be managed by the senate for the benefit of the members of the entire community;. and any cash income derived from such land shall accrue to the benefit of the community as a whole. All action of the senate 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 community.-Community funds may be used, with the consent of the Secretary of the Interior, to acquire land, under the following conditions:

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

    (b) Restricted land, which is in heirship status at the time of the adoption and approval of the constitution, may be purchased by or for the community, 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 community who is over the age of sixty (60) years, or who is physically incapacitated, may be transferred by its owner to the community 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 community funds.

    (d) Land owned by any member of the community in excess of his needs for domestic purposes may be purchased by the community, with the consent of the owner, payments to be made under such terms as may be agreed upon by the senate and owner.

    (e) Land owned by any member of the community who desires to leave the reservation permanently, may be purchased by the community, under such terms as may be agreed upon.

    The senate 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 by-laws may be ratified and approved in the same manner as this constitution and by-laws.

    Whenever five members of the senate shall consider an amendment necessary, such amendment shall be duly approved by five or more members of the senate and sent to the Secretary of the Interior. It shall then be the duty of the Secretary of the interior to call an election. If at such election the amendment is adopted by a majority of the qualified voters of the tribe voting herein and if at least thirty 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 senate.-The chairman of the senate shall preside over all meetings of the senate and of the general council, shall perform all duties of a chairman, and exercise any authority delegated to him by the senate. He shall vote only in the case of a tie.

    SEC. 2. Vice-chairman of the senate.-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 responsibilities of the chairman.

    SEC. 3. Secretary of the senate.-The secretary of the senate shall conduct all community correspondence and shall keep an accurate record of all matters transacted at senate 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 senate. He shall be privileged to vote in the senate only in the event that he is an elected member thereof.

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

    He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the senate, except when properly authorized so to do by resolution duly passed by it. The books and records of the treasurer shall be audited at least once each year by a competent auditor employed by the senate, and at such other times as the senate or the Commissioner of Indian Affairs may direct.

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

    The treasurer shall be present at all special or regular meetings of the senate, but shall be privileged to vote only in the event that he is an elected member of the senate.

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

    No person shall be a candidate for membership in the senate unless he shall be a member of the community, and shall have resided on the reservation for a period of one year next preceding the election, and shall be at least twenty-one years of age.

    It shall be the duty of the members of the senate to certify to the election of the duly elected members. This shall be done within five (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 senate following the election upon subscribing to the following oath, which shall be administered by any authorized person and filed with the secretary of the senate: "I, -------------------------, do hereby solemnly swear (or affirm) that I shall preserve, support, and protect the Constitution of the United States, and the constitution and by-laws of the Swinomish Indians to the best of my ability, so help me God."

    SECTION 1. Meetings.-Regular meetings of the senate shall be held on the first Tuesday of each quarter at La Conner, 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 senate, and when so called the senate shall have power to transact business as in regular meetings.

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

    The chairman shall call special meetings of the general council upon the written request of seven (7) voters.

    SEC. 3. Quorum.-No business shall be transacted unless a quorum is present. A quorum shall consist of five (5) members of the senate. A quorum of the general council shall consist of forty (40) voters at the annual meeting and twenty-five (25) voters at a called 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 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 senate 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 community employees or rules of order for the senate) 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 senate 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 senate of the Swinomish Reservation * * *"

    Every resolution shall begin with the words: "Be it resolved by the senate of the Swinomish Reservation * * *"

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

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

    This constitution and by-laws attached hereto shall be in full force and effect whenever a majority of the adult Indians residing on the Swinomish Reservation voting at an election called by the Secretary of the Interior in which at least thirty (30%) percent of the eligible voters shall vote, shall have ratified such constitution and by-laws, 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 all order, approved October 21, 1935, by the Secretary of the Interior, the attached constitution and by-laws was submitted for ratification to the Indians of the Swinomish Reservation and was on November 16, 1935, duly ratified by a vote 87 for, and 1 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 (Pub. No. 147, 74th Cong.).

                                                                                                                                                      MARTIN J. SAMPSON,

    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 by-laws of the Indians of the Swinomish 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 or by-laws are hereby declared inapplicable to the Indians of the Swinomish Reservation.

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

    Approval recommended January 20, 1936.

            WILLIAM ZIMMERMAN, Jr.,
                   Assistant Commissioner of Indian Affairs.

                                                                                                                                                        CHARLES WEST,

    WASHINGTON, D. C., January 27, 1936.
 
 

    Section 5 (b) (2), Corporate Powers, shall be amended to read as follows:

    (2) No leases, permits (which terms shall not include land assignments to members of the Community), or timber sale contracts covering any land or interests in land now or hereafter held by the Community shall be made by the Community for a longer term than is permitted by law, and all such leases, permits, or contracts must be approved by the Secretary of the Interior or by his duly authorized representative.

    Approval recommended: December 2, 1949.

    JOHN H. PROVINSE,
            Assistant Commissioner of Indian Affairs.

                                                                                                                                                 WILLIAM E. WARNE,

    WASHINGTON, D. C., December 14, 1949.

    Pursuant to sections 16 and 17 of the act of June 18, 1934 (48 Stat. 984), this amendment, issued on December 14, 1949, by the Assistant Secretary of the Interior to the Swinomish Indian Tribal CommunIty of the Swinomish Reservation, Washington, was duly submitted to the adult Indians living on the reservation, and was on February 4, 1950, duly ratified by a vote of 58 for, and 4 against, in an election in which over thirty percent of those entitled to vote cast their ballots.

                                                                                                                                                      JOSEPH JOE,

                                                                                                                                                      LAURA WILBUR,

    F. A. GROSS, Superintendent,
            Tulalip Indian Agency.