We, the members of the Walker River Paiute Tribe of the Walker River Reservation in Nevada, in order to establish a more unified tribal organization and to insure and promote the best interests of our society, industry, prosperity, and the general welfare of ourselves and our posterity do hereby establish this Constitution and By-laws.

    The jurisdiction of the Walker River Paiute Tribe under this Constitution and By-laws shall extend to the territory within the
confines of the Walker River Reservation as established by Executive Order dated March 19, 1874, under the administration of U. S. Grant, and to such other lands that have been added thereto, or may be hereafter added thereto.

    SECTION 1. The membership of the "Walker River Paiute Tribe shall consist as follows :

(a) All persons of Indian blood whose names appear on the official census roll of the Walker River Paiute Tribe at the Carson Indian Agency as of January 1, 1935: Provided, That within one (1) year from the adoption and approval of this Constitution and By-laws corrections may be made in said roll by the Tribal Council, subject to the approval of the Secretary of the Interior.

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

(c) Any person of one-half or more Indian blood married to a member of the Walker River Paiute Tribe, provided such person requests, in writing, admission to the Tribe and declares his willingness to renounce his membership in or affiliation with any other tribe.

    SECTION 1. The governing body of the Walker River Paiute Tribe shall consist of a council known as the "Walker River Paiute Tribal Council."

    SEC. 2. This Tribal Council shall consist of seven (7) members duly elected to serve three years.

    SEC. 3. The Tribal Council shall select from the members of the Council, (1) a Chairman; (2) a Vice Chairman; and from within or without, (3) a Secretary; and (4) a Treasurer. The Tribal Council may appoint or employ such other officers and committees as may be deemed necessary. Officers shall be elected annually at the first meeting of the Council, after the annual election of councilmen, and shall serve until the first council meeting after the next annual election.

    SEC. 4. The first election for the Tribal Council hereunder shall be called, held and supervised by the present Tribal Council, within sixty (60) days after ratification and approval of this Constitution. The three (3) candidates for councilmen receiving the highest number of votes shall serve until the annual election in November, 1939; the two (2) candidates receiving the next highest number of votes shall serve until the annual election in November, 1938; and the two (2) candidates receiving the third highest number of votes shall serve until the annual election in November, 1937, and they shall hold office until their successors are duly elected and qualified.

    SECTION 1. All enrolled members of the Walker River Paiute Tribe twenty-one (21) years of age or over 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. All elections shall be by secret ballot.

    SEC. 3. After the first election, elections shall be held every year on the third Tuesday of November and newly elected officers shall assume their duties on the first day of December following the election.

    SEC. 4. Nomination of candidates for office under this Constitution shall be by petition signed by not less than ten (10) legal voters. A voter may sign only one petition for each office. Petitions for nomination shall be filed with the Secretary of the Tribal Council 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 Tribal Council at the Agency office and in not less than two conspicuous places on the Reservation two weeks prior to the election.

    SEC. 5. All elections shall be held in accordance with rules and regulations laid down by the Tribal Council or by an election board appointed by the Tribal Council.

    SECTION 1. If an officer or a member of the Council 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 Tribal Council shall declare the position vacant and appoint to fill the unexpired term.

    SEC. 2. The Tribal Council may by the affirmative vote of four (4) members expel any member for neglect of duty or gross misconduct. Before any vote for expulsion is taken in the matter, such member or officer shall be given an opportunity to answer any or all charges at a designated council meeting and the decision of the Tribal Council shall be final.

    SEC. 3. Recall from office.-Upon receipt of a petition signed by one-third (1/3) of the eligible voters calling for the recall of any member of the Tribal Council, it shall be the duty of the Council to call an election on such recall petition. No member may be recalled in any such election unless at least thirty (30) per cent of the legal voters of the Tribe shall vote at such election.

    SECTION 1. Enumerated powers.-The Tribal Council shall exercise the following powers, subject to any limitations imposed by the Constitution or Statutes 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 Interior Department on all activities of the Department that may affect the Walker River Paiute Tribe.

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

(c) To approve or veto any sale, disposition, 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 qualified official or agency of government: Provided, That no tribal lands shall ever be leased for a period exceeding ten years, sold, or encumbered, except for governmental or public service purposes.

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

(e) To make assignments of tribal land to members of the Tribe and to regulate the leasing of assignments in conformity with Article VIII of this Constitution.

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

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

(h) To levy assessments upon members of the Tribe and to require the performance of reservation labor in lieu thereof, and to levy assessments or license fees, subject to review by the Secretary of the Interior, upon nonmembers doing business within the Reservation: Provided, however, That any such assessment upon members of the Tribe shall have the approval of the eligible voters of the Tribe at a special election at which thirty per cent (30%) of the eligible voters shall vote.

(i) To purchase lands of members of the Tribe for public purposes, under condemnation proceedings in courts of competent jurisdiction.

(j) To safeguard and promote the peace, safety, morals, and general welfare of the Tribe 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: And  provided further, That nonrestricted property of members which was obtained outside of any help or assistance of the Government or the Tribe may be disposed of without restrictions.

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

(l) To regulate the manner of making nominations for tribal offices and of holding elections.

(m) To adopt resolutions regulating the procedure of the Tribal Council itself and of other tribal agencies and tribal officials.

(n) To encourage and foster the arts, crafts, traditions, and culture of the Walker River Paiute Tribe.

(o) To charter subordinate organizations for economic purposes and to regulate the activities of such cooperative associations of members of the Tribe, under ordinances which shall be subject to review by the Secretary of the Interior.

(p) To protect and preserve the property, wild life, and natural resources of the Tribe.

(q) To delegate to subordinate boards, or tribal officials, or to cooperative associations which are open to all members of the Tribe, any of the foregoing powers, reserving the right to review any actions taken by virtue of such delegated power.

    If the Superintendent shall refuse to approve any resolution or ordinance submitted to him within ten (10) days of 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 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 Tribal Council may exercise such further powers as may in the future be delegated to the Tribe by the Secretary of the Interior, or by any duly authorized official or agency of the State or Federal Government.

    SEC. 4. Reserved powers.-Any rights and powers heretofore vested in the Walker River Paiute Tribe, but not expressly referred to in this Constitution, shall not be abridged by this Article, but may be exercised by the people of the Walker River Paiute Tribe, through the adoption of appropriate by-laws and constitutional amendments.

    Any exercise of any enumerated powers lodged in the Tribal Council shall be subject to a referendum vote of the people upon a written petition signed by not less than 25 per cent of the total number of voters in the last annual election: Provided, That not less than 30 per cent of the eligible voting population shall vote in any such referendum.

    SECTION 1. Allotted lands, including heirship lands, within the Walker River 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 Nevada 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 Walker River Paiute 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 lose his land 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 Walker River Paiute 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 of the Walker River Paiute Tribe and all lands which may hereafter be acquired by the Walker River Paiute Tribe or by the United States in trust for the Walker River Paiute Tribe shall be held as tribal lands, and no part of such lands shall be mortgaged or sold.

    SEC. 3. Tribal lands shall not be allotted to individual Indians, but such tribal lands as are not required for school, agency, or other administrative use may be assigned by the Tribal Council to members of the Walker River Paiute Tribe, or may be leased or otherwise used by the Tribe as hereinafter provided for.

    SEC. 4. Tribal lands may be leased by the Tribal Council with the approval of the Secretary of the Interior in accordance with law. Preference shall be given; first, to Indian cooperative associations; and second, to individual Indians who are members of the Walker River Paiute Tribe. No lease of tribal lands to a nonmember shall be made by the Tribal Council unless it shall appear that no Indian cooperative association or individual member of the Tribe is able and willing to use the land and to pay a reasonable fee for such use.

    SEC. 5. In any assignment of tribal lands which are now owned by the Tribe or which may hereafter be acquired for the Tribe by the United States or purchased by the Tribe out of tribal funds, or which may be designated for the use of the Tribe, preference shall be given; first, to heads of families which are entirely landless; and second, to heads of families which have no allotted lands or interests in allotted lands, but shall have already received assignments consisting of less than an economic unit of agricultural land or other land or interests in land of equal value, such economic unit to be determined by the Tribal Council in ordinances which shall be subject to review by the Secretary of the Interior or his designated representatives. Assignments under this section shall be known as "Standard" assignments.

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

    The Tribal Council may, if it sees fit, charge a fee of $5.00 on approval of an assignment made under this Section.

    SEC. 6. If any person holding a standard assignment of land shall for a period of two years fail to use the lands so assigned or shall use the land for any unlawful purpose, his assignment may be canceled by the Tribal Council after due notice and opportunity to be heard. Such land may then be available for reassignment.

    Upon the death of any Indian holding a standard assignment, his heirs or other individuals designated by him by written request shall have preference in the reassignment of the land, provided such persons are eligible to receive a standard assignment.

    SEC. 7. Any member of the Walker River Paiute Tribe who owns an allotment of land or any share in heirship land or any deeded land may, with the approval of the Secretary of the Interior, voluntarily transfer his interest in such land to the Tribe and receive therefor an assignment to the same land or other land of equal value or he may receive a proportionate share in a unit of agricultural or other land.

    Assignments made under this Section shall be known as "Exchange" assignments.

    SEC. 8. Exchange assignments may be used by the assignee or leased by him to Indian cooperative associations, to individual members of the tribe, or if no individual Indian or Indian cooperative association is able and willing to lease the land at a reasonable fee, such assignments may be leased to non-Indians in the same manner as allotted lands.

    SEC. 9. Upon the death of a holder of any exchange assignment, the 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 Walker River Paiute Tribe, except that a life assignment may be made to the surviving spouse or child of the holder of such assignment.

(b) Such lands may not be reassigned to any heir or devisee who already owns or holds more than an economic unit of land. Such economic unit of land shall be determined by the Tribal Council.

(c) Such land may not be subdivided into units too small for practical use. The Tribal Council shall determine the practical subdivisions of the land in each case. If the land cannot be properly subdivided, the Tribal Council may issue to each heir or devisee a proportionate share in other lands or other interests in land of equal value.

(d) If there are no eligible heirs or devisees of the decedent, the land shall be eligible for reassignment the same as other tribal lands.

    SEC. 11. No member of the Walker River Paiute Tribe may use or occupy tribal lands except under an assignment or lease.

    SEC. 12. Unassigned land shall be managed by the Tribal Council for the benefit of the members of the entire Tribe in conformity with the rules and regulations prescribed by the Secretary of the Interior under Section 6 of the Act of June 18, 1934 (48 Stat. 984) .

    SEC. 13. Tribal funds may be used, with the consent of the Secretary of the Interior, to acquire land for the Walker River Paiute Tribe.

    SEC. 14. Applications for assignment of land shall be made in writing. Such applications shall be submitted to the Tribal Council at regular or special sessions. The application will be placed in the hands of a proper committee who will call the matter up for action at the next regular meeting of the Tribal Council. Any member of the Tribe may object in writing to a proposed assignment. In the event of objection, the Chairman of the Tribal Council shall set a date for a hearing, advising both the applicant and the objector. The action of the Council shall be final.

    The Secretary of the Tribal Council shall furnish the Superintendent, or other officer in charge of the Agency, a complete record of all action taken by the Tribal Council on applications for assignment of land, and a complete record of assignments shall be kept in the Agency office and shall be open for inspection by members of the Tribe.

    The Tribal 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.

    This Constitution and By-Laws may be amended by a majority vote of the qualIfied voters of the Walker River Paiute Tribe voting at an election called for that purpose by the Secretary of the Interior: Provided, That at least thirty (30) per cent of those entitled to vote shall vote in such election; but no amendment shall become effective until it shall have been approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment upon receipt of a written resolution of the Tribal Council signed by at least a majority of the membership of the Tribal Council.

    SECTION 1. The Chairman of the Tribal Council shall preside at all meetings of the Council. He shall also be the presiding officer at any General Council Meeting. He shall at all times have general supervision of the affairs of the Tribal Council and such matters as naturally pertain to the general welfare of the community. It shall be the duty of the Chairman to countersign all checks drawn by the Treasurer against funds of the organization.

    SEC. 2. The Vice Chairman shall, in the absence of the Chairman, preside at all meetings of the Tribal Council and shall act in his stead in all matters pertaining to the office of Chairman.

    SEC. 3. The Secretary shall keep an accurate record of all proceedings of the Tribal Council and furnish copies thereof to the Superintendent and the Commissioner of Indian Affairs. He shall attend to the keeping of the official records of the Tribal Council and shall be responsible for the prompt and efficient handling of all correspondence pertaining to the business of the Tribal Council and the Tribe. All official records of the tribal Secretary shall be open to inspection by the members of the Tribe at all times.

    SEC. 4. The Treasurer shall be the custodian of all funds in possession of the Tribe from any source. He shall be under bond with a surety company of recognized standing in an amount to be determined by the Tribal Council, such surety company and bond to be approved by the Commissioner of Indian Affairs. He shall keep an accurate record of all such funds and shall disburse the same in accordance with the vote of the Tribal Council and as designated by this Constitution and By-laws. The books of the Treasurer containing the financial status of the Tribe shall be open to audit and examination by the duly authorized officers of the Secretary of the Interior at all times.

    The records of the Treasurer shall be open to inspection by members of the Tribal Council and its officers.

    SEC. 5. The subordinate officers, boards, and committees of the Tribal Council shall perform such duties as the Tribal Council shall, by resolution, from time to time provide.

    SECTION 1. Any person elected to membership in the Tribal Council shall be not less than twenty-five (25) years of age, a member of the Walker River Paiute Tribe, and a bona fide resident of the territory of the Tribe for at least one (1) year prior to election.

    Each member of the Tribal Council 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 By-laws.

    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; carry out faithfully and impartially the duties of my office to the best of my ability; and promote, and protect the best interests of my people in accordance with this Constitution and By-laws."

    SECTION 1. Salaries of tribal officials shall not be paid from tribal funds in the Treasury of the United States nor changed in amount unless approved by the Tribe at an election.

    SEC. 2. The members of the Tribal Council, boards, and committees shall be paid for expenses incurred in the interest of the community out of any available tribal funds when previously authorized by the Tribal Council.

    SECTION 1. Regular meetings of the Tribal Council shall be held monthly on the date fixed by the Council.

    SEC. 2. Special meetings may be called by a written notice signed by the Chairman or a majority of the Tribal Council, and when so called the Tribal Council shall have power to transact business as in the regular meetings.

    SEC. 3. No business shall be transacted unless a quorum is present which shall consist of four (4) members of the Tribal Council.

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

Call to order by Chairman.

Roll Call.

Reading the minutes of last meeting.

Unfinished business.

Reports.

New business.

Adjournment.

    SEC. 6. Resolutions.-All final decisions of the Tribal Council on matters of temporary interest (such as action on the Reservation budget for a single year, or petitions to Congress or the Secretary of the Interior) or relating especially to particular individuals or officers (such as adoption of members and 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 for inspection by the members of the Tribe.

    SEC. 7. Procedure.-All questions of procedure (such as acceptance of committee reports or invitations to outsiders to speak) shall be decided by motion of the Tribal Council or by the ruling of the Chairman if no objection is heard. In all ordinances, resolutions, or motions the Tribal Council may act by majority vote, but all matters of importance shall be fully discussed and a reasonable attempt shall be made to secure unanimous agreement.

    SEC. 8. Every resolution shall begin with the words: "Be it resolved by the Tribal Council of the Walker River Paiute Tribe." Every ordinance shall begin with the words: "Be it enacted by the Tribal Council of the Walker River Paiute Tribe."

    The Tribal Council shall work in very close cooperation with the Indian Service and the various departments of the State of Nevada in matters of charity, education, recreation, social work, and public health, and in land assignments, with the superintendent of the jurisdiction.

    This Constitution and By-laws, when ratified by a majority of the qualified voters of the Walker River Paiute Tribe, voting at a special election called for the purpose by the Secretary of the Interior, in which at least thirty (30) per cent of those entitled to
vote shall vote, shall be submitted to the Secretary of the Interior, and if approved, shall be effective from the date of approval.

    I, Charles West, acting 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 Walker River Paiute Tribe.

    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 By-laws are hereby declared inapplicable to these Indians.

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

    Approval recommended March 19, 1937.

            JOHN COLLIER,
                   Commissioner of Indian Affairs.

                                                                                                                                                        CHARLES WEST,

    WASHINGTON, D. C., March 26, 1937.

    Pursuant to an order, approved November 13, 1936, by the Secretary of the Interior, the attached Constitution and By-laws was submitted for ratification to the Walker River Paiute Tribe of the Walker River Reservation in Nevada, and was on February 20, 1937, duly passed by a vote of 123 for, and 18 against, in an election in which over 30 per cent 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).

                                                                                                                                                        JOHN CLEVELAND,

                                                                                                                                                        BERT SUMMERFIELD,

    ALIDA C. BOWLER,
            Superintendent in charge of the Reservation.
 
 

AMENDMENT I.

    Article VI, Section 1 shall be amended by redesignating the present subsection (q) as subsection (r) and by adding the following subsection as a new subsection (q):

"(q) To regulate the domestic relations of members of the Tribe, and, subject to review by the Secretary of the Interior, to promulgate and enforce ordinances governing the conduct of members of the Walker River Reservation in Nevada, 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."

    Pursuant to an order approved April 5, 1945, by the Assistant Secretary of the Interior, the attached Amendment to the Constitution and By-laws of the Walker River Paiute Tribe of Nevada, was submitted for ratification to the qualified voters of the reservation, and on April 28, 1945, was duly ratified by a vote of 124 for, and 4 against, in an election in which over 30 percent ot 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).

                                                                                                                                                            PETER JOHNSON,

                                                                                                                                                            CLEVELAND BOBB,

    RALPH M. GELVlN,
            Superintendent, Carson Agency.

    I, Oscar L. Chapman, the Assistant 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 foregoing Amendment I, amending Article VI, Section 1 of the , Constitution and By-laws of the Walker River Paiute Tribe.

    Approval recommended.

        J. C. MCCASKILL,
                Assistant Commissioner.

                                                                                                                                                OSCAR L. CHAPMAN,

    WASHINGTON, D. C., July 12, 1945.